AGENDA

Director Gingery reminded the Board that this additional sorting room reorganization cost plus the extra sorting hours added  in 2006 that had not been totally factored in when the 2007 projected budget was passed last Octiober will likely add a mid-year adjustment total of $40,000 to the wages and fringe benefits budget lines. This difference will also come from the current contingency fund which can absorb that projection, although very little in contingency will be left. 

VI.       ADMINISTRATIVE AND COMMITTEE INFORMATIONAL ITEMS. 

A.  Director’s Report – March 2007.  Director Gingery reviewed to his March 2007 Director’s Report, which is shown as Attachment D of the agenda packet. 

B.  Director’s ICC Workshop Presentation (March 9, 2007).  Director Gingery reported that he presented a half-hour talk at the beginning of the March 9^th ICC workshop, which is shown as Attachment E of the agenda packet.  Many questions were raised and explanation was provided.  Vice President McCue added that there were fewer participants than the first workshop and he was unsure of what the goal was for this session.  Director Gingery reported that his take on the exercise was to gain efficiencies between libraries and MCFLS and the next step of action will be for the LDAC to prioritize ways of becoming more efficient and a report will then be prepared. 

President Schreiber thanked the MCFLS Board and Staff for taking care of MCFLS business while he was somewhat unavailable of late and he appreciates the work involved in keeping things running smoothly. 

VII.      EXECUTIVE SESSION – REPORT OF THE FINANCE & PERSONNEL COMMITTEE. 

A.  Management Employees Merit – Compensation Maximum Percentage.  Director Gingery reported that a number of years ago the MCFLS Board established a Management Merit Pay Plan with the help of Trustee Ziehler which takes into account a manager’s position vis-à-vis the paygrade mid-point.  Director Gingery is recommending a maximum raise of $1.5% and since the Director, Network Administrator and Business Manager are more than 10% above midpoint, their maximum raise could only be as high as .5%.  The Library Systems Administrator is 10% or less above midpoint and his maximum raise could be as high as 1%.  All MCFLS staff received a 2.5% raise effective 1/1/07.  These recommended salaries have been already budgeted for in anticipation of approval today.  Trustee Ziehler moved and Treasurer Tays seconded a motion to approve the Management Merit Compensation Percentage as presented.  Unanimously approved.

B.  Director’s 2006 Performance Review. 

1.         Motion to Move into Executive Session.  Trustee Ziehler moved and Treasurer Tays seconded a motion to move into Closed Session.  The motion passed on an unanimously affirmative roll call vote. 

2.         In Executive Session.  Pursuant to Wisconsin Statutes 19.85 (1) (c) “Employment, promotion, compensation or performance evaluation data of any public employee over which the governing body has jurisdiction or exercises responsibility.” 

3.         Motion to Move Out of Executive Session.  Trustee Ziehler moved and Treasurer Tays seconded a motion to move out of Closed Session.  The motion passed on an unanimously affirmative roll call vote. 

4.         Report Out of Executive Session.   President Schreiber reported that the Director received a superior rating which allows for a .5% merit increase based on the established Management Merit plan, and in addition the Director will receive a one-time $500 cash bonus for his leadership and focus.  Unanimously approved. 

VIII.     NEXT MEETING DATES. 

A.  Legislative & System Services.  April 16, 2007 2:00 p.m. 

B.  Finance and Personnel.  April 23, 2007 8:30 a.m. 

C.  MCFLS Board of Trustees.  April 23, 2007 9:00 a.m. 

IX.       ADJOURNMENT.  With no further business to come before the Board, the meeting was adjourned at 9:58 on a motion made by Trustee Ziehler and seconded by Treasurer Tays.  Unanimously approved. 

ATTACHMENT   B

2008-2011 MCFLS MEMBER AGREEMENT
 

This agreement is by and between the Milwaukee County Federated Library System, a public library system organized in accordance with Chapter 43 of the Wisconsin Statutes, herein call “System” and the {NAME} Public Library, a library organized under Wisconsin Statutes, (43.52) and (43.54), herein called “Member.”  Both parties to this agreement recognize that each party is subject to fiscal constraints that will affect the level of service that each is able to provide.

    1..    SYSTEM REQUIREMENTS – As required by (43.24(2)) Wisconsin Statutes, “For a public library system to qualify for and maintain its eligibility for state aid under this section it shall ensure that all of the following are provided:” 

STATUTORY REQUIREMENTS (43.24(2))
a.         Same Service & Interagency Loans

“Written agreements to provide, to any resident of the system area, the same library services, on the same terms, that are provided to the residents of the municipality or county that established the member library, except for the group programming preference authorized under s. 43.15(4)(c), and to provide for the interlibrary loan of materials among all participating public libraries, as evidenced by agreements with those libraries.”  Wis. Stats. (43.24(2)(a))

 b.         Backup Reference.

 “Backup reference, information and interlibrary loan services from the system resource library, including the development of and

  access to specialized collections, as evidenced by a written agreement with that library.”  Wis. Stats. (43.24(2)(b))

c.         Interlibrary Loans.

“Referral and routing of reference questions and interlibrary loan requests from libraries within the system to libraries within and

outside the system.”  Wis. Stats. (43.24(2)(d))

d.         In-Service Training.

“Provide In-service training for participating public library personnel and trustees.”  Wis. Stats. (43.24(2)(e))

See Attachment IST - In-service Training

e.         Delivery Service.

“Electronic delivery of information and physical delivery of library materials to participating libraries.”  Wis. Stats. (43.24(2)(fm))

In fulfilling the Delivery Service obligation, the System shall provide physical delivery of library materials via pickup and delivery five days per week exclusive of New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve and Christmas Day or a day when all libraries are closed.  The System shall provide pickup of outgoing materials on Martin Luther King Day, the Friday after Thanksgiving and Good Friday.  The materials from the pickups on Martin Luther King Day, the Friday after Thanksgiving and Good Friday shall be stored by the MCFLS delivery vendor in a secure location until the next day (Monday-Friday) that the MCFLS Sorting Room is open.  If the calendar placement of holidays results in the MCFLS Sorting Room being closed for four consecutive days, MCFLS will provide a pickup on one of the non-holiday days, if at least five member libraries served by the MCFLS delivery vendor are open.

f.          Agreements with Adjacent Systems.

“Service agreements with all adjacent library systems.”  Wis. Stats. (43.24(2)(g))

Note : As per Wis. Stats. 43.17(10)), the System is exempted from honoring valid borrowers’ cards of a public library in an adjacent public library system.

“Borrowers’ Cards: Except as provided in (43.17) sub. (11), all public libraries in a public library system shall honor the valid

borrowers’ cards of a public library in an adjacent public library system, other than Milwaukee County Federated Library System.

 The requirement under this subsection does not apply to the Milwaukee County Federated Library System.”  Wis. Stats. (43.17(10))

 g.         Consultant Service.

“Professional consultant services to participating public libraries.”  Wis. Stats.  (43.24(2)(h))                                  

See Attachment CS - Consultant Services.

h.       Special Needs.

“Promotion and facilitation of library service to users with special needs.”

Wis. Stats. (43.24(2)(k))

             i.  Multitype Cooperation.

“Cooperation and continuous planning with other types of libraries in the system area, which results in agreements with those libraries

for the appropriate sharing of library resources to benefit the clientele of all libraries in the system area.”  Wis. Stats. (43.24(2)(l))

In fulfilling the Multitype Cooperation obligation, contingent upon the participation of all Members, the System shall pay for Library

Council of Southeastern Wisconsin (LCSW) membership for each member library.

j.  Automation.

“Planning with the division and with participating public libraries and other types of libraries in the area in regard to library technology

and sharing of resources.  By January 1, 2000, and by every 5^th January 1 thereafter, the public library system shall submit to the

division a written plan for library technology and sharing of resources.”  Wis. Stats. (43.24(2)(m))

See Attachment AS – Automation Services.
 

k.  New Services.

“Any other service programs designed to meet the needs of participating public libraries and the residents of the system area, as

determined by the public library system board after consultation with participating public libraries.”  Wis. Stats. 43.24(1)(l))

2.       SYSTEM ADMINISTRATION.

a.         System Board Powers.

“A federated public library system board shall have the powers of a public library board under s. 43.58 with respect to system-wide

functions and services.  The local library boards shall  retain responsibility for their public libraries in all other areas.”  Wis. Stats.

(43.19(2)(b))

b.         System Board Appointments.

“In a federated public library system whose territory lies within a single county the system board shall consist of 7 members nominated

by the county executive, or by the county board chairperson in a county without a county executive, and approved by the county

board.  At least 3 members of the system board, at the time of their appointment, shall be active voting members of library boards

governing public libraries of participating municipalities, and at least one of these shall be a member of the library board governing the

resource library.  At least one but not more than 2 members of the county board shall be members of the system board at any one

time.”  Wis. Stats. (43.19(1)(a))

c.         Annual Report & Audit.

“Annually, at the time required by the division, each public library system shall report to the division on its operations, expenditures

and territory served during the preceding year, shall submit a plan describing the program for library service to be carried out in the

subsequent year and shall furnish such other information as the division requires.”  Wis. Stats. 43.17(5))

In fulfilling this obligation, the System agrees to engage an independent certified public accountant to conduct an annual fiscal audit and

furnish copies of the report to the Member library boards as well as other pertinent jurisdictions on a timely basis and as may be

required by state law and regulations.

d.         System Administrator.

“Notwithstanding ss. 59.17(2)(br) and 59.18(2)(b), responsibility for administration of a public library system shall vest in a head

librarian who shall be appointed by and directly responsible to the public library system board.”  Wis. Stats. 43.17(4))

e.         Court-ordered or Subpoenaed Data.

Because of the cross-jurisdictional nature of library use in Milwaukee County and because of the proprietary role that MCFLS has

traditionally played in the retention and custody of borrower records and commitment to database integrity, the System shall be the

sole point of contact for any court-ordered or subpoenaed compilation and/or surrender of user information or borrowing data.  Such

single point of contact shall ensure consistency in the collection, preparation, and packaging of said information and data.  In fulfilling

this obligation, the System shall provide a mutually agreeable procedure that ensures that the retention and custody of all borrower

records and system collection database integrity is maintained, and that statutory confidentiality requirements are observed.

 3..       MEMBER LIBRARY REQUIREMENTS. 

“A municipal, county or joint public library may participate in a public library system if it meets all of the following

requirements:

1.      Organization:  Is established under this chapter.  Wis. Stats. 43.15(4)(c)(1))

2.      Location:  Is located in a county that participates in a public library system.  Wis. Stats. (43.15(4)(c)(2))

3.      Municipal Authorization: Is authorized by its municipal governing body or county board to participate in the public library

system.  Wis.

Stats. 43.15(4)(c)(3))

4.      Same Service: Enters into a written agreement with the public library system board to participate in the system and its

activities, to participate in interlibrary loan of materials with other system libraries and to provide, to any resident of the

system area, the same library services, on the same terms, that are provided to the residents of the municipality or county

that established the member library.  This subdivision does not prohibit a municipal, county or joint public library from

giving preference to its residents in library group programs held for children or adults if the library limits the number of

persons who may participate in the group program.”  Wis. Stats.

43.15(4)(c)(4))

In providing for the interagency and interlibrary loan of library resources, Members will observe loan rule policies of the owning library

(interagency) and the Interlibrary Services loan rule policies (interlibrary).   
 

5.      Level of Funding:  “Receives funding from the municipal or, for a consolidated county library or a county library service, from the

county governing body at a level that is not lower than the average of such funding received for the previous 3-years.  The following are

not included as funding for purposes of computing the 3-year average:

a.       Funding received from a state, federal or private source that has been designated as funding for library services.

b.      Unspent funding appropriated by a municipality or county for library services for a prior year.

c.       For a municipal or joint public library, funding received from a county.”

Wis. Stats. 43.15(4)(c)(6))

Library Director:  “Employs a head librarian holding current public library certification from the department of public

instruction.” 

Wis. Stats. 43.15(4)(c)(6))

6.      Member Library Annual Report.

“Within 60 days after the conclusion of the fiscal year of the municipality or county in which the public library is located, the library

board shall make a report to the division and to its governing body.  The report shall state the condition of the library board’s trust

and the various sums of money received for the use of the public library during the year, specifying separately the amounts received

from appropriations, from the income of trust funds, from rentals and other revenues of the public library and from other sources.  The

report shall state separately the condition of the permanent trust funds in the library board’s control, shall state in detail the

disbursements on account of the public library during the fiscal year and shall contain an estimate of the needs of the public library for

the next succeeding fiscal year. 

The report to the division shall include data concerning library materials, facilities, personnel, operations and such other

information as the division requests.

The report to the division shall contain a statement by the library board indicating whether the public library system in which

the library participated during the year of the report did or did not provide effective leadership and adequately meet the needs of the

library and an explanation of why the library board believes so.  The division shall design the form of the statement so that it may be

removed from the report and forwarded to the division before it is sent to the public library system.”  Wis. Stats. 43.58(6)(a,b,c))

 

4.      MUTUAL REQUIREMENTS – Both the System and Member Library agree:

A. Extension of Services

1. Member Service to Milwaukee County Non-Member Communities That Do Not   Operate a Public Library.

“The plan of library service for a county, whether for a single county or a multi-county system, shall provide for library

services to residents of those municipalities in the county not maintaining a public library under this chapter.  The services shall include

full access to public libraries participating in the public library system and the plan shall provide for reimbursement for that access.” 

Wis. Stats. (43.11(3)(c))

In fulfilling this obligation, the System shall provide a procedure  including reimbursement that will allow the residents of any

Milwaukee County non-member community that do not operate a public library to use the library collections and services of

Members. (See Attachment NMNL – Non- Member No Library). Based on procedural terms provided by the System, and service

reimbursement payment provided by the System and agreed to by the Member, the Member shall provide the same library service to

the residents of Milwaukee County non-member communities that do not operate a public library that sign an agreement for library

services with the System Board.

2 . Member Service to Milwaukee County Non-Member Communities That Do Operate a Public Library.  Neither System nor

Member shall enter into agreements with Milwaukee County Non Member Communities that do operate a public library, which

permit the extension of System services, without the approval of the Member Board and System Board.  The Member may issue

individual borrower cards, granting said borrowers use of only the Member library’s resources and services.

3. Member Services to Adjacent Systems.  Neither party, System Board nor Member Board, will enter into any contracts with

adjacent systems which obligates the other party to provide services, without the prior approval of the other party.

4. Member Services to Non-Adjacent Systems.  At its discretion, the System Board may enter into agreements with non-adjacent

systems.  However, if said agreement obligates the Member to provide services, the System assumes the financial obligation to

compensate the Member for those services, at a rate that is mutually agreed upon prior to the initiation of service provision.  Also, if

any compensation is owed to the non-adjacent system for services provided to Milwaukee County residents, the System assumes the

financial obligation to compensate the non-adjacent systems for those services.

    B. Withdrawal or Expulsion from and Abolition of the System.

 

“(1) Withdrawal. (ag) “In this subsection, “participating municipality” means a municipality that operates a public library and is a

member of a public library system."

(am) Not less than 3 years after affiliating with a public library system, a participating municipality or a county may withdraw from the

system by adoption of a resolution by a two-thirds vote of its governing body under pars. (ar) and (b), if the resolution is adopted at

least 6 months prior to the close of the system’s fiscal year.  The resolution shall become effective at the close of the system’s fiscal

year.

(ar) With the approval of the governing bodies of participating municipalities that contain, according to the most recent estimate

prepared under s. 16.96, at least 80% of the population participating municipalities in the county, a county may withdraw from a

federated public library system whose territory lies within 2 or more counties.

(b) A participating municipality may withdraw from a federated public library system.”  Wis. Stats. 43.18(1))

“(2) Abolition.  A county may abolish a public library system whose territory lies only within that county, except that a county

containing 1^st class city may abolish such a public library system only with the consent of the municipalities within the system”  Wis.

Stats. 43.18(2))

“(2m) Expulsion.  With the approval of the division, a public library system may expel, or reduce aids or services to, a municipality or

county that fails to meet the requirements under s. 43.15(2) or (4).”  Wis. Stats. (43.18(2m))

“(3) Procedure.  (a) Prior to taking any action to abolish or withdraw under this section, the county board or other municipal

governing body shall hold a public hearing on the proposed action and shall publish a class I notice, under ch. 985, of the hearing. 

Notice of the hearing also shall be given by registered mail not less than 30 days prior to the hearing to the governing body of every

other municipality and county participating in the public library system, to the public library system board and to the division

(b) a municipality or county withdrawing or expelled under this section from public library system is responsible for its allocated share

of the outstanding liabilities of the system on the effective date of its withdrawal or expulsion

(c) Upon taking final action under this section to withdraw from or abolish a public library system, the county board or other municipal

governing body shall give notice, by registered mail, of the action taken to the governing body of every other municipality and county

participating in the public library system, to the public library system board and to the division

(d) Prior to expelling a municipality or county from a public library system, the system board shall notify the municipality or county and

the division, by registered mail, of the reason for the action under consideration and shall hold a public hearing concerning the action. 

The system board shall file a plan for alteration of the system territory under s. 43.13(2) by November 15 of the year preceding the

year in which the expulsion will take effect under s. 43.13(3) an the division shall adjust state aid under 43.24 accordingly.

(e) A municipality or county that has withdrawn or that as been expelled from a public library system may participate in a public

library system only by fulfilling the requirements for initial participation under s. 43.15(4)(b) or (c) and by adopting a new plan of

library service for the county.”  Wis. Stats. (43.18 (3))

C.    Disclaimer.  Statutory citations made herein are for reference purposes.  In the event that any provision of this agreement conflicts with any

provision of law as it now exists or is hereafter amended such provision of law shall be controlling.

The System and the Member formally acknowledge that the provisions included in this Agreement, beyond those expressly stated in Wisconsin

State Statute, Chapter 43, (designated by shadowed text), cannot be required as a condition of System Membership.  Such additional provisions

are entered into, and adhered to on a voluntary basis. 

THESE PROVISIONS BEING HEREBY INDIVIDUALLY AND MUTUALLY ACCEPTABLE TO THE SYSTEM AND MEMBER

LIBRARY, THEIR AUTHORIZED REPRESENTATIVES DO HEREBY APPROVE THIS AGREEMENT, effective this 1^st day of January

2008.

FOR THE MILWAUKEE COUNTY                          FOR THE MEMBER

FEDERATED LIBRARY SYSTEM

______________________________            ______________________________

Board President                                                Board President

______________________________            _______________________________

Date                                                                 Date

ATTACHMENT GT

Glossary of Terms

Circulation – The act of lending or renewing an item from the library’s collection for use outside the library.  Includes all items from all library units

administered by the library board.  Interlibrary and interagency loan items received by the library and circulated by the library should be reported as

a circulation.  Interlibrary loan items sent to other libraries outside Milwaukee County should not be counted as circulation.

Interagency Loan – An item of library material provided by a MCFLS member library to another MCFLS member library.  For the purposes of

circulation statistics, this transaction is tallied only when the borrower is actually scanned.

Interlibrary Loan – An item of library material provided by a MCFLS member library to a non-MCFLS member library.

Member in Good Standing – A MCFLS member Library who is in compliance with statutory requirements of system membership, e.g. same

service and interagency loans requirement.

Non-Residents – Persons served by a library but who reside outside of that library’s municipality.

 

Resource Library – The member library, of which the governing body has agreed to meet all requirements as stipulated in Wisconsin State Statutes

(43.16), and with which MCFLS has negotiated and executed a contract agreeing to reimbursement for services as noted in (43.24(2)(b)).

ATTACHMENT CS

Consultant Services

Attachment CS will be open to revision, during the life of this Agreement, based upon recommendation by the Library Directors Advisory Council, 

approval by the member library boards and the System board.

[Committee notes:  MCFLS staff members provide Consultant Services.  MCFLS staff would come out to an individual library to discuss the

project or discussion may take place by telephone, email, in-person at the MCFLS office.]

Technology

-         Networking

-         Firewalls

-         Recommended Equipment – PCs and peripherals

-         Wiring

-         Remote user authentication

-         NT (network technology)

-         Domain Administration

-         Wireless Implementation

-         Web Hosting

-         Technical Troubleshooting

-         Recommendations concerning member needs for unique loan rules, Itypes, Material Types, etc.

Long-Range Planning

Grant Writing

Special Needs

Book Talks

Administrative Process

-         Boards

-         Agendas

-         Bylaws

-     Public Records

Employee Issues, from the administrative and legal perspective

-         Bargaining Unit – contract negotiations

-         Writing job descriptions

Federated System

-         History

-         Issues

-         Statute

ATTACHMENT IST

In-Service Training

Attachment IST will be open to revision, during the life of this Agreement, based upon recommendations by the Library Directors Advisory Council, approved by the member library boards and System board.

[Committee notes:  In-service training is provided by the MCFLS staff, at the MCFLS office or at some other location where a group of individuals

from member libraries could receive training at one time.]

-         Trustee, staff orientation

-         Library law update

-         INNOPAC/Millennium software modules

-         Email

ATTACHMENT NMNL

Non-member No Library

1.      Non-Member Community That Does Not Operate a Public Library (West Milwaukee) – Borrowing.  Each circulation

        transaction attributable to residents of a non-member community that does not operate a public library (West Milwaukee) shall
      
        be calculated as a net negative transaction. 

        Reimbursement for these transactions shall be made to the System by the non-member community that does not operate a public

        library (West Milwaukee) under terms specified in a separate agreement between that community and the System.  Said

        reimbursement at actual cost per transaction - Per Unit Circulation Rate Worksheet, section 2, below) shall be paid by the

        System to the relevant lending member libraries based upon the timeline noted in Section 3 -- Payment Schedule, below.

 

2.      Per Unit Circulation Rate Worksheet: For the purpose of calculating the actual cost of service rendered to citizens of a non-member

community, each member library shall calculate its per-circulation rate.  The per unit circulation rate is derived based upon the total

expenditures by the member library for personnel and fringe benefits (exclusive of maintenance personnel), library materials (books,

AV, and periodicals), supplies and circulation related postage divided by the total circulation of the member library.  In the tabulation

of the per unit circulation rate, the personnel and fringe benefits, as well as library materials expenditures associated with the reference

services of the Resource Library, which is the Milwaukee Public Library’s Central Library, shall be excluded.  No other expenditures

shall be included.  All expenditures shall be based upon the previous calendar year period.  Per unit circulation rate shall be calculated

annually.

 

3.      Payment Schedule.   Payment to member libraries shall be made by MCFLS no later than February 28.

ATTACHMENT RB  - Reciprocal Borrowing

Milwaukee County Federated Library System Reciprocal Borrowing Payments

    1. Statutory Requirement

    As required by Chapter 43 of the Wisconsin Statutes,  a MCFLS library who is recipient of a reciprocal borrowing  payment

    will have signed the 2008-2011 MCFLS Member Agreement by January 1, 2008, and the “member” is therefore bound to abide

    by section 43.24(2)(a), Wis. Stats., which requires: “Written agreements to provide, to any resident of the system area, the same

    library services, on the same terms, that are provided to the residents of the municipality or county that established the member

    library, except for the group programming preference authorized under sec. 43.15(4)(c)4., and to provide for the interlibrary loan

    of materials among all participating libraries, as evidenced by agreements with those libraries.
 
    2. Reciprocal Borrowing Payments – 40% of State Aid (Annually)     

    MCFLS will contribute an amount equal to 40% of total State Aid designated for the year 2008 as the sum of all Reciprocal

     Borrowing  payments for 2009 distribution, 40% of total State Aid designated for the year 2009 as the sum of all Reciprocal

     Borrowing payments for 2010 distribution,  40% of total State Aid designated for the year 2010 as the sum of all Reciprocal

     Borrowing payments for 2011 distribution, and 40% of total State Aid designated for the year 2011 as the sum of all Reciprocal

     Borrowing  payments  for 2012 distribution.  Distribution schedule is based upon the timeline noted in Section 7 – Payment

      Schedule, below.

 

    3. Reciprocal Borrowing  Payments –  Compensation for Net Lending Libraries Only

    An annual payment will be distributed to net lending libraries only. The actual amount of the payment for each net lending library

    will be determined by the percentage (%) of positive transactions each of the net lenders accumulates as a percentage of 100% of

     net positive transactions distributed among all net lending libraries based on the circulation time periods in Section 4 below.
 

    4. Circulation Time Periods Used as Basis for Reciprocal Borrowing Payments

    In order to allow advance time for local budget cycles, the annual determination of payment is based on the 12-month time

    periods listed below. This timeline is consistent with that established for the MCFLS Reciprocal Borrowing  Equity Funding Grants

    paid in 2006, 2007, and 2008.  The first payment of  2009 is based on transactions from the time period of October 1, 2006

    through September 30, 2007 ; the second  payment of 2010 is based on transactions from October 1, 2007, through September

    30, 2008 ; the third payment of 2011 is based on transactions from October 1, 2008, through September 30, 2009 ; and the

    fourth  payment of 2012 is based on transactions from October 1, 2009, through September 30, 2010. The integrated automation

    system’s report that calculates netted transactions, Innovative Interfaces “Owning Library/Home Library Net Circulation” report is

    the only source used in calculating net circulation among all member libraries.

 

    5. MCFLS payment obligations.

    MCFLS’ payment obligations under Attachment RB hereto are contingent upon the negotiation and signing of a satisfactory 2008-

    2011 Resource Library Agreement.

     6. Exception if Library Does Not Sign 2008-2011 Member Agreement by January 1, 2008.

     If a member library(ies) does not sign the 2008-2011 MCFLS Member Agreement  by  January 1, 2008, as stated in Section 1
     above, said library(ies) forfeits any rights to the reciprocal borrowing  payments beginning with year 1 distribution in 2009. The
     sum total of MCFLS reciprocal borrowing payments for all libraries who will have signed the MCFLS Member Agreement by
     January 1, 2008, would be decreased by  40% of any actual reduction in state aid that the System experiences due to the
     library(ies) non-signing of the MCFLS Member Agreement. 

    7. Payment Schedule.

    Reciprocal borrowing  payments shall be made by MCFLS no later than February 28 of the year of distribution as indicated in

    Section 2 –  Reciprocal Borrowing Grants – 40% of State Aid  (Annually), above.

ATTACHMENT SFP

Supplies, Forms and Postage Charges

Attachment SFP will be open to revision, during the life of this Agreement, based upon recommendation by the Library Directors Advisory Council, approval by the member library boards and the System board.  In no case will these changes exceed the vendor supplier invoice value of the items rendered to the member library by the System. 

Member libraries shall have the option of having the forms identified in Attachment SFP of this agreement printed locally using the

System approved format.  Upon Member request, the System agrees to provide a clean copy of any FL-form.  The Member, in turn,

agrees to make no alteration to the form or instruct a print vendor to make such alteration, including the insertion of its local library

logo. 

In the event that the Member desires to cease purchasing any form/s (other than FL-21 – Borrower Cards) from MCFLS, it shall

provide a minimum of three months written advance notice.  In the event that the Member desires to cease purchasing FL-21 –

Borrower Cards (which include a library-specific barcode and are unusable by any other library) from MCFLS, the Member shall

provide either six months written advance notice, or reimbursement to MCFLS for 50% of the cost of the remaining unusable stock,

whichever the Member prefers.

          In addition, MCFLS shall make all forms (except those containing barcodes) available in the MCFLS online Administrative Manual.

1.                  Postage and the following forms used by member libraries to support general functions shall be reimbursable to MCFLS by
 
the member libraries.  All charges will be billed quarterly on an actual use basis.

No Number      Circulation Notice Forms, e.g., overdue, hold notification, statement of charges, etc.

FL-11              Borrower application

FL-21              Library Card

FL-28-2           Date Due Slip

FL-12              Business Application

FL-13-1           Organization Application

FL-22              Business Library Card

FL-35              Library Card Notification/Address Verification

FL-37              “We are Sorry…”

FL-47              Fee Card Application

FL-48              Fee Card

FL-63              Organization Card

No Number      Book & Spine Labels

No Number      Laser Barcodes

No Number      All Circulation Related Postage and TNS Charges

No Number      Cash Bags and Cards

2.                  The following non-computer supplies and forms used by member libraries to support system-related functions shall be

provided by MCFLS to member libraries at no cost.

FL-2                Supply Order Forms

FL-5                Your MCFLS List of Libraries

FL-14              Temporary Receipts

FL-15              Materials Location Form

FL-24              Suburban Interlibrary Loan Request Form

FL-27              Hold Item Slip

FL-28              Damaged Materials Card

FL-34              Charge Recording Form

ATTACHMENT AS
Automation Products and Services

I.                    RECITALS

WHEREAS, the MCFLS integrated library system and telecommunications services are operated and maintained under the stewardship of MCFLS for the use and benefit of its MEMBER LIBRARIES; and

WHEREAS, the MEMBER LIBRARIES contribute funds toward relevant MCFLS integrated library system and telecommunications services and depend on those services for essential staff and end user functionality; and

WHEREAS, MCFLS and the MEMBER LIBRARIES are partners in automation and, as such, have a shared responsibility to maximize the effectiveness and integrity of the integrated library system and telecommunications services; and

WHEREAS, MCFLS and the MEMBER LIBRARIES should, at all times, consider the impact of individual technology initiatives on its/their partners; and

WHEREAS, neither MCFLS nor the MEMBER LIBRARIES shall intentionally implement or intentionally allow to be implemented any act which compromises the security and integrity of the integrated library system and telecommunications services,

NOW, THEREFORE, in consideration of the mutual covenants herein, IT IS AGREED THAT: In the provision of all services supplied by MCFLS, under the terms of this Attachment, ultimate priority will be given to MCFLS Members.

II.   INTEGRATED LIBRARY SYSTEM  – CATEGORIES.
MCFLS shall provide the following categories of integrated library system products : Basic; MCFLS Purchased ; and Add-On Software.  Each category is distinguished by the agency of original purchase and who pays for ongoing maintenance charges.

A.                 Basic:  Items in this category are products related to the basic functions of the integrated library system that are available to all members and used by most, if not all, members.  Most  products were purchased with funds from the initial county provided capital budget or shortly thereafter.  Ongoing costs are prorated back to all members based on the percentage of overall MCFLS-wide circulation attributable to the residents of each member community.  During the term of this Agreement, new items or items from other service categories may be moved into the Basic category only by agreement of MCFLS and of all members.  A listing of all products and associated maintenance charges is distributed each year on or before May 15 as part of projected automation costs.

B.         MCFLS Purchased:  Items in this category are products related to additional functions of the integrated library system that

 are available to all members.  Most were purchased with funds from  MCFLS grants or the MCFLS operating budget.  Ongoing

 support costs are paid entirely by MCFLS.  (Examples are the Teleforms software, Email Circ Notices, WebBridge). A listing of the

 all products and associated maintenance charges is distributed each year on or before May 15 as part of projected automation costs.

C.        Add-On Software:  Items in this category are products related to additional functions of the integrated library system that are

available only to and used by one or more specific members.  Initial purchase costs and ongoing support costs are the responsibility of

members that use the products. (Examples include Third Party Self-Check, Accounting Interface, Teleforms System Messages).  A

listing of all products and associated maintenance charges is distributed each year on or before May 15 as part of projected

automation costs.

Note:    New Services:  In addition to the aforecited levels of integrated library system related services, MCFLS, in consultation with the members, may also assist members in providing new services and programs that the members may define as particularly needed to satisfy their communities and which cannot be as practicably satisfied by the members individually. Unless State regulations or provisions of the Wisconsin Statutes require these new services and programs, these programs are voluntary.  Members that participate in “New Services” will enter into a mutual agreement for such services.  Any member that subsequently agrees to participate in “New Services” must enter into the same agreement on the same terms.  If a shared cost formula will be part of the agreement it likely will include reimbursement for original participants.  An example of a New Service is the SAM-Comprise software.

Note: User License Allocations:   If at any time during the term of this Agreement utilization level of active user licenses results in a regular pattern of denied logins,
members agree to voluntarily take MCFLS-recommended measures to try to lessen the excess number of simultaneous licenses being used. If this fails to remedy the situation,  MCFLS reserves the right to implement a fixed apportionment of user licenses to each member, as detailed in Exhibit Four – User License Allocation.  The purchase of user licenses, beyond the fixed apportionment, will ultimately be the shared responsibility (financially) of the members.  Ongoing maintenance charges for user licenses will be paid by the members under the “Basic” category. 

 

III. EQUIPMENT AND SERVICES – MAINTENANCE AND SUPPORT. 
MCFLS supplies products or services that are not directly related to the integrated library system that are available to all members.  Most are purchased with funds from MCFLS grants or the MCFLS operating budget.  Ongoing support costs are paid entirely by MCFLS.  (Examples include  Wide Area Network (WAN) services, Internet access, email services, and web services).
A.        Central Site Equipment and Services :
MCFLS shall provide insurance coverage on all computer system equipment housed at the central site.  The System will be responsible to maintain and support the following central site equipment and services, at no cost to the member:

1.     Equipment:  All equipment in the System’s Computer Room and offices, including:

a.         Servers: The SUN Unix Server delivers the integrated library system (CountyCat) software application.  A variety of Microsoft Windows servers deliver a number of other applications including, email, web hosting, etc.

b.         PIX Firewall: Protects the resources of MCFLS private network from users from the Internet and other networks.

c.         Routers: Determines the next network point to which a packet should be forwarded toward its destination, routing data from a member local area network (LAN) to MCFLS wide area network (WAN) or the Internet and vice versa.

  d.       Switches: Provides a place of convergence where data arrives from one or more directions and is forwarded out in one or more other directions, connecting network and computing equipment in the MCFLS LAN.

e        Terminal Servers:  Provides dumb terminals and printers with a common connection point to the SUN Unix Server.

f.        Terminal Consoles: Provides remote administration to the SUN Unix Server.

g.      Modem Pools: A group of modems provide dial-in access to CountyCat.

    a.     DHCP: Provided by MCFLS  Primary Domain Controller -- assigns dynamic IP addresses for all member workstations connected to the System Wide Area Network  (WAN).

b.    DNS and WINS: Provided by MCFLS  Primary Domain Controller – provides Domain name resolution and Windows name resolution to member workstations connected to the System Wide Area Network (WAN).

c.    User Authentication: Provided by MCFLS  Primary Domain Controller – authenticates login to all MCFLS Network services and shared resources from any member workstations connected to the System Wide Area Network (WAN).

d.    Internet Information Service: Provided by MCFLS  Web Server – Hosts MCFLS and, upon request, hosts any member web sites.

e.    Exchange Service: Provided by MCFLS  Mail Server – provide email usage to all member users connected to the System Wide Area Network (WAN).            

B.         Remote Site Network Equipment : MCFLS shall maintain and support, at no cost to the member, network equipment at the participating library site, including: Routers, Switches, and Terminal Servers. A list of MCFLS controlled network equipment, located at the participating library location, will be transmitted to the participating library no later than May 1 (annually).            Exclusion : Network equipment added to a remote site for a special project such as Wireless Access is the member’s sole responsibility via a member paid maintenance contract between member library and vendor.
C.Wide Area Network: Prior to the installation of a new physical network connection, to or from another network or computer not owned or controlled by the member, MCFLS staff will coordinate with the member library staff to ensure that the new external connection does not compromise network integrity or performance. Members with currently existing physical connections to external networks will provide information to MCFLS staff on the evaluation points below, and will work with MCFLS staff to correct any security or performance problems identified with those connections.  MCFLS evaluation of the proposed new or existing connection will be based on the following Information, to be supplied by the member.

1.   Name of connecting network and purpose of the connection.  Technical contact for the external network.

2.      Description of the connection, including type of connection, end equipment used, and network diagrams of how the connection will be integrated into the existing network.

3.      Anticipated traffic, protocols and volume.

4.      Description of the member resources that will be allowed access by users on the network.  Pass through traffic and access to resources provided by MCFLS or another member may not be enabled without express permission from MCFLS and any affected member.

5.      Description of security and access limitation measures (i.e. filtering router or firewall) that will be implemented to ensure that MCFLS network and members will not be adversely affected, and to ensure only permissible access is granted.

Because networks can change over time, if a subsequent problem develops because of an external connection to the member’s network, staff in that library will work cooperatively with MCFLS and any MCFLS designated technical consultants to diagnose the problem and implement corrective action, up to and including temporary or permanent disconnection of the external network.

The physical connection means a “hardwire” link.

D.        Planning and Scheduling Upgrades.  Relative to hardware and software upgrades, the scheduling of which are determined by
                        MCFLS and which have a certain or potential fiscal impact on the member, MCFLS will provide as much advance notice as
                        possible.

E.         Insurance Coverage.     Members shall provide insurance coverage in their city/village policy on all MCFLS controlled computer equipment at their respective location(s).

IV.       TELECOMMUNICATIONS.

 A.         Minimum connection Bandwidth.  The member shall execute an individual agreement with a qualified telecommunications

              vendor for point-to-point data line service and pay the full cost of that line.  The minimum connection bandwidth between the

               member and MCFLS shall be T1.  Upon request, MCFLS shall provide consultation and technical assistance.

B.         Trouble Incident Technical Contact.  For the purposes of data line trouble calls and in accordance  with TEACH Wisconsin
             policy,  the member shall designate MCFLS as the technical contact to its telecommunications vendor.  The member agrees to
             follow the troubleshooting procedure, outlined by MCFLS in Administrative Manual Insert R-24, TEACH T1 Trouble Incident
             Procedure – Suburban Libraries.   In all cases, MCFLS will, as called upon, work cooperatively with the member and the
             telecommunications vendor to resolve difficulties and/or conflicts.

C.        Bandwidth – Above T1.  The member agrees to directly involve MCFLS in all plans related to its data transmission functionality.
            If, during the term of this Agreement, the member voluntarily elects to implement bandwidth beyond T1, or any form of evolving
            data delivery technology (e.g., ATM, wireless) that requires MCFLS to add central site hardware or software and/or reconfigure
            existing hardware or software, the member shall fully fund all such costs.

EXHIBIT ONE

Automation Charges

Payment terms included in this Attachment shall be inclusive of this contract.

A.        Integrated Library System Costs.  Members shall pay for the following costs associated with the integrated library system: software maintenance.

B.         Calculation of Integrated Library System Costs:  Members shall provide reimbursement to MCFLS for software maintenance to be calculated based upon the total number of circulation transactions attributable to the member’s residents, regardless of the library in which said transactions occur, as a percentage of the total number of circulation transactions of members.

C.        Reimbursement Payment Schedule.  Such reimbursements to MCFLS to be paid by the members as follows: 100% of applicable costs.  Notwithstanding the foregoing statement, under no circumstances will costs begin to accrue to members prior to the actual date upon which the costs begin to accrue to MCFLS

D.        Annual Statement of Automation Costs: To facilitate local budgeting, on or before May 15, of each year MCFLS shall provide to each member a statement of all applicable costs for the following year. 

1.      Basic Software Maintenance:

Invoiced in 2008 shall be calculated based upon each member’s calendar year 2006  “circulations attributable to a member’s residents, regardless of the library in which said transactions occur, as a percentage of the total number of circulation transactions of members” and applied to MCFLS calendar year 2006 actual costs. 

Invoiced in 2009 shall be calculated based upon each member’s calendar year 2007 “circulations attributable to a member’s residents, regardless of the library in which said transactions occur, as a percentage of the total number of circulation transactions of members” and applied to MCFLS calendar year 2007 actual costs.

Invoiced in 2010 shall be calculated based upon each member’s calendar year 2008 “circulations attributable to a member’s residents, regardless of the library in which said transactions occur, as a percentage of the total number of circulation transactions of members” and applied to MCFLS calendar year 2008 actual costs.

Invoiced in 2011 shall be calculated based upon each member’s calendar year 2009 “circulations attributable to a member’s residents, regardless of the library in which said transactions occur, as a percentage of the total number of circulation transactions of members” and applied to MCFLS calendar year 2009 actual costs.

Under no circumstances will maintenance costs begin to accrue to a member prior to the actual date upon which the costs begin to accrue to MCFLS.

 

         2. Add-On  Software Maintenance  – Maintenance costs related to additional functions

     purchased by and available only to and used by one or more specific members.

Under no circumstances will maintenance costs begin to accrue to a member prior to the actual date upon which the costs begin to accrue to MCFLS.

 

  3. Telecommunications data line charges:

Invoiced in 2008, 2009, 2010, and 2011 shall be equal to the site-specific charges invoiced to MCFLS for each member for each of those years. 

  4.  OCLC charges:

-         Invoiced in 2008 shall be based on the “titles added” in 2006 by each member as a percentage of total titles added in 2006 by all members, and applied to MCFLS calendar year 2006 OCLC costs. 

-         Invoiced in 2009 shall be based on the “titles added” in 2007 by each member as a percentage of total titles added in 2007 by all members, and applied to MCFLS calendar year 2007 OCLC costs.

-     Invoiced in 2010 shall be based on the “titles added” in 2008 by each member as a

      percentage of total titles added in 2008 by all members, and applied to MCFLS 
      calendar year 2008 OCLC costs.
-     Invoiced in 2011 shall be based on the “titles added” in 2009 by each member as a

      percentage of total titles added in 2009 by all members, and applied to MCFLS
     calendar year 2009 OCLC costs.

       5. Bibliographic Database Development and Maintenance Charges

       Members will pay any charges that exceed the MCFLS contribution (16.5% of State
       Aid)  toward the contractual  cost of this service.  Each member’s individual cost will be

       determined the same way as OCLC charges (percentage of titles added)
           -    Invoiced in 2008 shall be based on the “titles added” in 2006 by each member as
                a percentage of total titles added in 2006 by all members, and applied to MCFLS                                                                                
                calendar year 2006 Bibliographic Database Development and Maintenance
                charges.  

-         Invoiced in 2009 shall be based on the “titles added” in 2007 by each member as a percentage of total titles added in 2007 by all members, and applied to MCFLS calendar year 2007 Bibliographic Database Development and Maintenance charges.

-         Invoiced in 2010 shall be based on the “titles added” in 2008 by each member as a percentage of total titles added in 2008 by all members, and applied to MCFLS calendar year 2008 Bibliographic Database Development and Maintenance charges.

-         Invoiced in 2011 shall be based on the “titles added” in 2009 by each member as a percentage of total titles added in 2009 by all members, and applied to MCFLS calendar year 2009 Bibliographic Database Development and Maintenance charges.

Such reimbursements to MCFLS are to be made, in the form of a cash payment, by July 1 of the calendar year in which they are invoiced.

EXHIBIT TWO

Bibliographic Database Development and Maintenance

Bibliographic Database Development and Maintenance shall be defined as including all activities and functions deemed to be essential to the creation and oversight of a clean and consistent MCFLS-wide collection of title level records.

I.                    MCFLS shall provide directly or by contract with a single source vendor, for the following activities and functions:

The provision of accurate and complete MARC bibliographic records.

Full MARC cataloging will be provided for new titles

in the following materials formats:

All adult, children, and young adult fiction and non-fiction hardcover books except, optionally, board books.

All large print books.

Fiction and non-fiction paperbacks.

Sound recordings except LPs and ephemeral CDs and cassettes.

All book and cassette kits.

All scores.

Maps except those designated Pamphlet File (PF) material.

Government documents except those designated PF

and except, optionally, local government documents such as minutes, annual reports, etc.

All software.

Video recordings except those designated ephemeral.

All serials.

As new formats become available and members add

them to their collections cataloging records will be created as requested by the  Member.

 MARC records will be constructed according to national standards as outlined in Anglo American Cataloging Rules II (Revised), OCLC Format Guidelines and Bibliographic Input Standards, and Library of Congress Rules Interpretations.

MARC records will be downloaded into the local INNOPAC database from the OCLC Online Union Catalog by means of a bibliographic interface.  MCFLS holdings will first be set on the OCLC record prior to downloading into the local INNOPAC database.

If an OCLC record is unavailable for any member-held title that requires a full MARC record, original cataloging on OCLC will be provided and the record exported in to the local INNOPAC.

MARC records added to the local INNOPAC will include appropriate and liberal use of access points.

Material types, which are mutually agreed upon to receive brief cataloging, will not be flagged for full MARC cataloging.

Full MARC records will be provided for short bibliographic entries, which have been entered into MCFLS and flagged fo