MEMORANDUM OF AGREEMENT

This Memorandum of Agreement entered into by and between the City of Providence (“City”) and the Providence Public Library (“PPL”), this ____ day of, sets forth the mutual obligations and promises of the City and PPL pursuant to which the PPL will provide library services for the City starting the fiscal year ending June 30, 2008. This Agreement shall terminate June 30, 2010. In consideration of the mutual promises set forth herein, the City and the PPL hereby agree as follows:

Whereas this Memorandum of Agreement (MOA) is an agreement between the City of Providence (the City), the Providence Public Library (PPL), and the Providence Public Library Foundation (the Foundation) detailing the scope of Library Services to be provided by the PPL, the annual contribution by the City toward the delivery of library services to be provided by the PPL for duration of this agreement, joint long-range strategic and facilities planning to be engaged in by the PPL and the City, and the process for renewal of this agreement for subsequent periods. This agreement covers a three year period beginning July 1, 2007, ending June 30 2010.

Whereas the PPL has a long history of providing superior, innovative, nationally recognized library service to the people of the City of Providence. This achievement has been the result of a strong public-private partnership between the City, the PPL and the generous individuals, foundations, and corporations that have provided philanthropic support of the PPL mission over the years. The PPL is one of the great cultural and educational assets within the City of Providence, and within the State of Rhode Island. This agreement is intended to clarify the relationship between the City and the PPL and the Foundation and to establish the means by which that relationship can help strengthen the delivery of library services for the benefit of the people of Providence.

Whereas this MOA represents a formal commitment by all parties to continue a mutual maintenance of effort commensurate with the levels of services as determined by funding and in the best interest of the people of Providence and the State of Rhode Island.

And now therefore the parties agree to the following principals defining the relationship between the Providence Public Library and the City of Providence:

1. The Providence Public Library (PPL) and the City of Providence have maintained and should continue to maintain a public-private partnership for the delivery of library services by the PPL in the City of Providence through a Central Library and Branch Libraries.

This partnership has resulted in the delivery of high quality, award-winning service to the patrons on the library and has added greatly to the quality of life in the City and through the branch system, made a profoundly positive impact on the neighborhoods of the City of Providence.

In order for the PPL and the City to continue this public-private partnership, to maintain a financially sustainable library system, and to build a library system responsive to the changing needs of City residents, new technology, opportunities available through greater cooperation and coordination of planning and resources, greater clarity and predictability about funding and the nature of the relationship between the PPL and the City is needed and will be achieved through this multi-year agreement.

2. For Fiscal Year 2008 (FY08), the City of Providence will, subject to appropriation and approval by the Providence City Council contribute a total of $3,300,000 to the Providence Public Library with: $3,000,000 through a direct appropriation and$300,000 through a FY 2008 master lease program

3. Additional funding is available from the FY 2007 Memoranda of Understanding whereby the City provided a direct appropriation of $3,000,000 and an additional $250,000 in funding. If the PPL does not use the additional lease funding ($250,000), the city will make available any unused portions remaining (Current estimate $100,000).


4. The City contribution for FY09 and FY10, subject to appropriation and approval by the City Council, shall be based on this contribution amount, adjusted for inflation. The rate of inflation shall be measured by the BOL statistics for New England and published each March for the previous year. (Add specific reference).

5. Payments of the annual direct appropriation ($3,000,000 for FY 2008) will be made quarterly in the last month of each quarter. The use of the funds in the Master Lease shall be as soon as the PPL submits appropriate documentation for reimbursement.

6. The City will forward to the PPL the library services state matching funds as soon as it receives them.

  1. The City makes this contribution to support the overall PPL library system within the City of Providence and this agreement recognizes the PPL allocates this contribution and other revenues to support library services including branch operations. This contribution will allow for continued operation of the Central Library and all branches of the PPL.

The PPL shall in accordance with its fiduciary responsible and it’s Charter and By-laws utilize available funding to support library services as contained in Appendices 1.

8. The City and PPL shall work together in best faith to identify cost reductions and efficiencies that can be achieved through joint purchasing, shared contracting, co-location, and other similar cooperative efforts. Upon being finalized and realized, the savings associated with such activity will be devoted to retaining and/or restoring any services, positions, programs, or hours of service in the branch libraries identified for reduction to meet current funding limits. Should the total of savings realized exceed the amount required to retain or restore services, positions, programs, or hours of service, the City and the PPL will jointly determine the best use of such savings to maximize library service for patrons.

9. The PPL reserves the right to make minor adjustments during the course of each fiscal year covered by this agreement to respond to changes in expenses and income. Should major adjustments be necessary because of a change from the financial projections and budgets for any given fiscal year, the PPL and the City agree to cooperatively address and act promptly to address such situations.( Article 11 shall be the forum for review and approval).

10. The PPL and City agree the current facility for the “Washington Park Branch” is currently deemed insufficient to meet the needs of that neighborhood. The City has pledged $400,000 to physical improvements to allow for branch service in that neighborhood. The PPL and the City will work cooperatively to identify as quickly as possible an appropriate location that could support full neighborhood branch service and the best and most appropriate way to invest these funds.

11. In recognition that a public-private partnership requires a cooperative working relationship between the parties to the partnership, an expanded and clarified role for the City in the planning of the PPL is required. Therefore, the PPL and the City agree to the formation of a permanent standing Library Partnership Committee.

This Committee will be charged with developing long-range strategic facilities options as recommendations to PPL and City.

The Committee shall review and comment on the annual PPL budget and any service, staffing, facility restructuring proposals prior to any formal action by the Board.

The Committee shall have full access to all library operational and financial information equal to that of the Board.

In the areas of personnel, board leadership and composition, long-term funds, or the endowment, the Committee’s authority is purely advisory.

The Committee will be composed of the Chairperson of the PPL, Chairperson of the Providence Public Library Foundation, two additional representatives chosen by the PPL, the Gubernatorial designee to the PPL Board, the Mayoral designee to the PPL Board, the Chief of Administration for the City of Providence (or designee), the Director of Public Property for the City of Providence, the Superintendent of the Providence Public School System (or designee), a representative of the Mayor’s Office, two members of the public selected by the Mayor of Providence, the President of the Providence City Council (or designee), the Chair of the City Council Finance Committee (or designee), and two members of the public selected by the President of the City Council.

The Chair of the PPL Board and the Mayor’s Designee to the Board shall serve as co-chairs of the Committee.

A report from the Committee will be a regular, standing agenda item at all PPL Board and PPL Executive Committee meetings.

12. The Mayor of the City of Providence pledges to assist the PPL in private fundraising. The Mayor will serve as an honorary chair of a fundraising appeal and will identify and recruit an appropriate individual to serve as the other co-chair. The City and the PPL will agree on the use of the funds to be raised based on the recommendation of the Library Partnership Committee.

13. PPL will provide to the City reports as follows:

1.      circulation of materials

2.      reference questions

3.      computer assists

4.      door count

5.      number of items borrowed from Central and other non-PPL libraries

6.      number of items added to the collections

7.      number of new library card registrations

 

 

1.      early childhood

2.      school age

3.      young adult 

4.      adult

5.      family

6.      books and materials used within the programs

 

14. PPL will operate according to a budget for fiscal year 2008 adopted by its Board of Trustees at its _________ meeting. In accordance with and subject to the terms of that budget, PPL will provide the level of library services, which PPL represents to be the best level of services based upon funding and needs and shall be attached as appendices #2 and each year thereafter shall adopt an annual budget.

15. In addition to the Library Services provided at its branches and central library, the PPL will also continue to operate the Statewide Reference Resource Center (SRRC) and provide donor supported Community Services at all facilities including branches.

16. The City is pursuing initiatives where savings and synergies could be realized through collaboration and cooperation on long-range facility planning with the PPL.

The Providence After School Alliance (PASA) has a well-developed partnership with the PPL, with after school programs for middle school students offered at library facilities across the city.

The Providence School Department (PSD) is engaged in a comprehensive review of its facilities, and has begun a major program of building renovation and construction.

These initiatives offer opportunities for co-location, joint-use, and other creative options which could strengthen the PPL and the delivery of library services in the City of Providence. Therefore, for the duration of this MOA, the City commits to participate collaboratively in long-ranging facility planning with the PPL.

Under consideration will be the potential for relocating services currently performed in the existing PPL branches to new locations in renovated or newly constructed facilities. Evaluations will include savings that could be realized by locating PPL services in more efficient facilities, buildings without severe delayed maintenance expenses, the savings potential of leveraging the City’s borrowing/bonding capacity, and the potential through collaborative planning and cooperative operation and use of improved facilities for achieving an overall increase in the quality and/or quantity of library services provided to the residents of the City of Providence.

Any proposal must be mutually acceptable to the City, the PPL, and the Foundation. The parties to this agreement will develop a Working Team, with equal representatives from each, to evaluate potential options and to present proposals for approval to the PPL board, the Foundation board, the City Administration, and the City Council.

17. This shall be the full agreement by and between the parties and any modification shall be reduced to writing and approved by each party.

18. This agreement may be automatically renewed with the consent of all parties for an additional three-year period. If any party seeks to not renew, or to renew with different terms, notice must be provided in writing six months prior to the expiration of the agreement. Should such a situation occur, all parties agree to negotiate in good faith to achieve a resolution to the issues under dispute, recognizing their fiduciary duty to the public to ensure the uninterrupted continuation of high-quality Library Service to the patrons of the PPL

IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to be executed by their duly authorized representatives, effective as of the date set forth above.

PROVIDENCE PUBLIC LIBRARY CITY OF PROVIDENCE

By: _____________________________ by: _________________________

Appendices #1.

The City shall fund the Library at the agreed upon funding level and the Library Trustees shall decide the level of services which may include:

A. As contained in the attached appendices 2

B. In addition and not inconsistent with the agreement, the library has agreed to furnish the following services:

Direct access for all residents to collections and services at:

90 Ives Street

30.5 hours per week including one evening and one morning

275 Elmwood Avenue

45 hours per week including two evenings, two mornings and Saturdays

315 Academy Avenue

45 hours per week including two evenings, two mornings and Saturdays

One Olneyville Square

30.5 hours per week including one evening and one morning

708 Hope Street

45 hours per week including two evenings, two mornings and Saturdays

31 Candace Street

30.5 hours per week including one morning and one evening

441 Prairie Avenue

30.5 hours per week including one morning and one evening

233 Veazie Street

30.5 hours per week including one morning and one evening

1380 Broad Street

20 hours per week; afternoons only

C. Direct access to up-to-date books, periodicals, audio visual materials and information databases.

D Indirect access to the collections in R.I. public libraries through the Cooperating Libraries Automated Network (CLAN), and the state of R.I. delivery system; and to coordinate and process those requests and materials according to the accepted standards of the Library of Rhode Island (LORI).

E Delivery service for materials and supplies among branch locations

F. Assistance in the use of the collections; answers to reference and information questions, in person, by telephone; and to make appropriate referrals.

G. Clerical functions including materials check in/check out, issuing library cards, placing and managing holds, shelving, and other usual clerical functions as necessary to use the library collections.

H. Technical Services including materials ordering, processing, budget accounting, and other usual technical service functions as necessary for the provision of library materials.

I. A spectrum of early childhood programs, after school enrichment programs, and summer reading programs provided by branch staff.

J. Youth and adult programs that support lifelong learning provided by branch staff.

K. Administrative functions:

  1. staff planning, supervision and coordination.

  2. business services including payroll, invoices, accounting.

  3. human resources including union contract negotiation and compliance, hiring, discipline, and other usual HR functions as necessary.

  4. Communications/program publicity

L. Coordination and community outreach for the delivery of grant funded early childhood, family literacy and out of-school children’s programs.

M. Maintain web-accessible computers and training in their use.

N. Cleaning and basic maintenance of buildings, limited to the levels of work included in the budget adopted by the Board of Trustees at its ______meeting.

O. Security service as is necessary for the safety of staff and patrons.

Appendices # 2

Budget adopted by the PPL