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HomeMy WebLinkAboutLib Library Cards for Students MOU1, SAN RAFAEL Agenda Item No: 4.d THE CITY WITH A MISSION Meeting Date: April 3, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: LIBRARY Prepared by: SARAH HOUGHTON (LIBRARY City Manager Approval: DIRECTOR) AND HENRY BANKHEAD (ASSISTANT LIBRARY DIRECTOR) TOPIC: PROVISION OF LIBRARY CARDS FOR SAN RAFAEL CITY SCHOOLS STUDENTS SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN RAFAEL CITY SCHOOLS AND THE CITY OF SAN RAFAEL TO PROVIDE LIBRARY CARDS FOR SAN RAFAEL CITY SCHOOLS STUDENTS RECOMMENDATION: Staff recommends that the City Council approve the attached Memorandum of Understanding ("MOU") facilitating the provision of San Rafael Public Library cards to all students enrolled in the San Rafael City Schools. BACKGROUND: Over the last two years, San Rafael City Schools ("SRCS") staff and San Rafael Public Library ("Library") staff have been meeting and communicating about how to best work together to help each other attain our common goals. One goal of both organizations is to increase literacy and educational success through access to books, information, and educational materials. In order to increase this access, both SRCS and the Library would like to develop an infrastructure that will allow SRCS students easily to obtain a Library card based on their enrollment in the San Rafael City Schools. This will facilitate their access to and use of the Library's print and electronic resources, including professional online tutors in various subject areas and homework help resources. As part of this shared initiative the Library is participating in the Student Success Initiative, a California State Library grant supporting eleven California Public Libraries in partnering with local public school to provide library cards to students. ANALYSIS: Having and using a library card will help support San Rafael City Schools students as they go from elementary school through college and into a successful career. Students will have a library card that will always travel with them and provide the benefits of life-long learning. FOR CITY CLERK ONLY File No.: 9-3-61 Council Meeting: 04/03/2017 Disposition: Resolution 14299 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Under the proposed MOU, SRCS will provide the City with certain identifying information about SRCS students, except for those students whose parent or guardian opts out of this initiative. The Library, at City expense, will provide SRCS with Library cards for the identified students, streamline student access to Library materials, provide training for use of the resources, and work with SRCS staff and teachers to curate and highlight specific digital content supporting SRCS curriculum goals. The MOU further outlines the responsibility of the City of San Rafael to protect the privacy of SRCS student data. The initial term of the MOU expires on September 30, 2018, but may be extended for an additional two years upon agreement of both parties. Assuming this project is successful, the Library would next expand this program to the Dixie School District. As Dixie is a much smaller district, this next phase would result in minimal fiscal or staff time impact but significant impact on students' access to information and services. COMMUNITY OUTREACH: Extensive outreach has been conducted with SRCS and Dixie School District stakeholders and staff. Following the distribution of the library cards, increased outreach and information efforts will continue at all schools in these two districts. FISCAL IMPACT: The work to create and distribute these library cards is minimal, as it is mostly automated, and this work and the additional training duties, can be absorbed into staff's normal duties and hours. The Library will see a small increase in office supply expenditures on library cards, estimated at $1,000 for the additional library cards (10,000) to be used in this program. The Library can absorb this into the existing office supply budget in its General Fund appropriations. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution approving the MOU as presented. 2. Modify and approve the resolution. 3. Do not approve the resolution and direct staff to provide additional information. RECOMMENDED ACTION: Adopt the Resolution approving a Memorandum of Understanding with the San Rafael City Schools to provide San Rafael Public Library cards for students enrolled in San Rafael City Schools. ATTACHMENTS: A. Resolution authorizing a Memorandum of Understanding between the San Rafael City Schools and the City of San Rafael B. Exhibit A to resolution-MOU between SRCS and City of San Rafael RESOLUTION NO. 14299 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN RAFAEL CITY SCHOOLS AND THE CITY OF SAN RAFAEL TO PROVIDE LIBRARY CARDS FOR SAN RAFAEL CITY SCHOOLS STUDENTS WHEREAS, over the last two years, the San Rafael City Schools ("SRCS") staff and San Rafael Public Library ("Library") staff have built strong one-on-one relationships working to improve technology and internet access to our shared constituency; and WHEREAS, the goal of both organizations is to increase literacy and educational success through a comprehensive, strategic and sustainable collaboration; and WHEREAS, the Library and SRCS seek to build a strong relationship at the administrative level in order to work together more collaboratively and demonstrate measurable impact; and WHEREAS, the Library and SRCS would like to develop an infrastructure that will allow SRCS students to easily access and use the Library's electronic and print resources freely by providing all SRCS students with a Library card; and WHEREAS, having and using a library card will help support San Rafael students through college and launch them into a successful career and life with a library card that will always travel with them and provide benefits of life-long learning; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to sign the Memorandum of Understanding attached hereto as Exhibit A and incorporated herein by reference. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regul meeting of the City Council of said City held on Mondav, the 3rd day of April, 2017 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN RAFAEL CITY SCHOOLS AND THE CITY OF SAN RAFAEL This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into this 13th day of March, 2017, between The San Rafael City Schools (known as SRCS and referred to herein as "SRCS" or "the District") located at 310 Nova Albion Way San Rafael, CA 94903, and the City of San Rafael ("City"), for a collaboration between SRCS and City's Public Library (the "the City Library" or "SRPL"). City and SRCS are sometimes referred to in this MOU individually as a "Party" and collectively as the "Parties." Recitals WHEREAS: Over the last two years, SRCS staff and SRPL staff have built strong one- on-one relationships working to improve technology and internet access to our shared constituency. The goal of both organizations is to increase literacy and educational success through a comprehensive, strategic and sustainable collaboration. In order to achieve this, the Library and the District seek to build a strong relationship at the administrative level in order to work together more collaboratively and demonstrate measurable impact. SRCS and SRPL would like to develop an infrastructure that will allow SRCS students to easily access and use the San Rafael Public Library's electronic and print resources freely by providing all SRCS students with a San Rafael Library Card. Having and using a library card will help support San Rafael students through college and launch them into a successful career and life with a library card that will always travel with them and provide benefits of life-long learning. WHEREAS: Both SRCS and SRPL understand that such services shall be provided at no cost to SRCS. WHEREAS:SRCS and SRPL have a long history of working together as educational partners, with the Library serving as an extension of the classroom --providing students with access to books, computers, online tutoring, reading programs, technology support and dozens of other important educational resources during out-of-school time. WHEREAS: Additionally, both organizations have aligned around a focus on supporting traditional and digital literacy, and are committed to creating a community of readers, empowering individuals with free access to information, building a welcoming place where reading, learning and imagination thrive, maximizing academic achievement, and preparing every child to lead a rich and productive life. WHEREAS: SRPL and SRCS desire to collaborate on activities to improve the educational opportunities and outcomes of the children both institutions share. In order to achieve an effective collaboration, SRPL and SRCS need to share information about the children that may otherwise be prohibited from disclosure. NOW THEREFORE, in consideration of the mutual promises set forth hereafter, the parties do mutually agree as follows: Agreement A. Obligations of City The City agrees to the following: 1. City Library staff, using appropriate student information provided by SRCS, will create library cards for all SRCS students at no cost and deliver said cards to SRCS schools. 2. City Library staff will provide and track an opt -out form, in English and Spanish, to be distributed to SRCS student parents, to provide them with the option of not receiving a library card. 3. City Library staff will streamline student access to databases, print and e - resources. Implementation will include City training for SRCS students and staff on the City Library's educational resources as requested by individual schools and teachers. In addition, the City Library staff will work as requested with SRCS staff and teachers to curate and highlight specific digital content, supporting SRCS curriculum goals. 4. City Library staff will work collaboratively with SRCS to further deepen the partnership between the agencies. B. Obligations of SRCS The SRCS agrees to the following: 1. SRCS will support implementation of the Library Card Initiative by providing to City Library staff: first and last name, birthdate, school, grade, address, phone number, and email address of each student enrolled in SRCS. This database will be updated annually beginning in August 2017 as new students enroll in the district. 2. In collaboration with City Library staff, SRCS will help to facilitate the introduction of professional development opportunities for SRCS teachers and staff surrounding the educational resources available at SRPL as well as communicating about other City Library projects. 3. SRCS will provide certain directory information to City Library staff as specified in this MOU. 4. SRCS will provide the information specified in this MOU to City in consideration for City's agreement to keep the information confidential as provided in this MOU. C. Confidentiality. 1. SRCS maintains student records in accordance with all applicable federal and state laws and regulations. Such student records are confidential as provided under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99; and California Education Code §§ 49060 et seq. 2. California Education Code §§ 49061 and 49073 authorizes SRCS to release certain student records known as "directory information" to certain entities, including governmental agencies; directory information includes student name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards received, and the most recent previous school attended. 3. The California Public Records Act, at Government Code §§ 62540) and 6267 governs the confidentiality of registration and circulation records, and patron use records, in libraries supported by public funds. 4. City and SRCS agree that each entity shall comply with applicable federal and state laws relating to the confidentiality of the SRCS provided information. 5. Both Parties further agree that all information exchanged shall only be used for the purposes intended by this MOU, to limit disclosure of the exchanged information within its own organization to its directors, officers and employees who have a need to know, and to not disclose any information to any third party (whether an individual corporation, or other entity) without the express prior written consent of the other Party, except as required by law. Each Party shall satisfy its obligations under this Paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees and others who are permitted access to or use of the SRCS provided information. 6. To the extent that City Library staff have access to any personally identifiable information from students' education records, City agrees that it shall not use such information except for the legitimate educational purpose of providing services pursuant to this Agreement and that it shall not disclose this information to any other party for any reason, except as required by law. City will comply with all applicable federal and state regulations governing the student records provided to it, including FERPA. 7. The sharing of information by government agencies pursuant to Government Code section 6254.5(e) does not constitute a waiver of the exemption of such information from any future disclosure or from disclosure to any other entity or individual. If the Parties agree that a document is confidential pursuant to the California Public Records Act and subsequently exchange the document, the Parties shall each keep confidential any such document, as permitted under Government Code Section 6254.5(e), except as otherwise required by law. The Parties shall seek to minimize the personnel that review confidential documents and shall only allow necessary personnel to analyze the documents. For the City, such records may only be shared with City Library staff (including their supervisors), and City Attorneys assigned to the projects (including their supervisors). For the SRCS, such records may only be shared with the people and staff assigned to the project, administrators, and the attorneys and legal staff working on the project. 8. If either of the Parties receives a Public Records Act request seeking a document that has been designated as confidential and exchanged as described herein, the party receiving the request shall notify the other party immediately, and the party receiving the request shall withhold the designated confidential documents from the Public Records Act response, if requested to do so by the other party, and the other party agrees to indemnify the party receiving the request from any expense in defending a Public Records Act lawsuit. D. General Provisions. 1. Project Manager. SRCS shall name a Project Manager for the SRCS. The Project Manager shall be the SRCS's representative in connection with the SRPL's performance under this Agreement. 2. City Library Supervisor. The City Library Director or designee is fully authorized to act on behalf of the City in connection with this Agreement. 3. Indemnity/Hold Harmless. Each Party agree to indemnify the other Party and each other's councilmembers, commissioner board members, officers, agents and employees against, and to hold the same free and harmless from, any and all claims, demands, damages, injuries, losses, costs, expenses, actions or liabilities caused by their respective negligence or willful misconduct. 4. Insurance. Both parties will maintain and provide evidence of self-insurance for the duration of this Agreement. 5. Expenses. Any expenses related to the provision of services incurred by the City Library shall be the sole responsibility of the City. All costs related to the provision of student ID cards will be the sole responsibility of the City. 6. Term; Termination. The term of this Agreement shall commence on the date first hereinabove written and shall continue through September 30, 2018, except that this Agreement may be extended by mutual agreement of the parties for an additional period of two (2) years, subject to the written approval of the City Manager. Either Party may terminate this MOU without cause at any time by giving thirty days' prior written notice to the other Party of such termination and specifying the effective termination date. 7. Partnership. The provisions of this Agreement are not intended to create, and shall not be interpreted to create a joint venture, a partnership or any similar relationship between the parties. 8. Amendments. Any amendments or modifications to this MOU must be mutually agreed upon by the Parties in writing. 9. Governing Law and Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of California. Any action to enforce this Agreement shall be filed in the Superior Court for the County of Marin. 10. Notices. Formal notices, demands, and communications between City and SRCS shall be given by registered or certified mail postage prepaid, return receipt requested, by reputable overnight delivery service, return receipt requested, or by personal delivery, to the offices of City and SRCS as follows: To: City To SRCS: Library Director Superintendent City of San Rafael San Rafael City Schools P.O. Box 151560 310 Nova Albion Way San Rafael, CA 94915 San Rafael, California 94903 IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written City of San Rafael J�' City Ma ag r Attest - Esther Beirne, City Clerk Approved as to form: San Rafael City Schools %Z,��f Chair, School Board Superintendent Approved as to form: Robert F. Epstein, City Attorney General Counsel CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: San Rafael Public Library Project Manager: Henry Bankhead Extension: 3436 Contractor Name: San Rafael City Schools Contractor's Contact: Mayra Perez Contact's Email: mperez@sres.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step 1 Oil 3 4 5 6 7 8 9 RESPONSIBLE DESCRIPTION DEPARTMENT Forward signed original agreements to City Project Manager a. Email PINS Introductory Notice to Contractor City Attorney b. Email contract (in Word) & attachments to City Llick here to Atty c/o Laraine.Gittens@cityofsanrafael.org City Attorney a. Review, revise, and comment on draft agreement ❑ N/A and return to Project Manager City Manager/ Mayor b. Confirm insurance requirements, create Job on 4/3/2017 PINS, send PINS insurance notice to contractor Project Manager Forward three (3) originals of final agreement to contractor for their signature Project Manager When necessary, * contractor -signed agreement agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City 11/18/2016 Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed Llick here to agreement City Attorney Review and approve insurance in PINS, and bonds ❑ N/A (for Public Works Contracts) City Manager/ Mayor Agreement executed by Council authorized official City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE n/a 9/26/2016 REVIEWER Check/Initial 4/19/17 HB ® ETD 11/18/2016 n/a ® NA Llick here to enter a date ❑ N/A Or 4/3/2017 4/19/17 HB 310 Nova Albion Way, San Rafael, CA 94901 Ph: (415) 492-3222 To: Henry Bankhead From: Kimberly Joseph Phone: Date: March 15, 2017 Re: MOU between San Rafael City Schools CC: and the City of San Rafael ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ® Please Sign & Return • Comments: Dear Mr. Bankhead, Find enclosed MOU between San Rafael City Schools and the City of San Rafael for the Library Card drive. The enclosed MOU was approved by SRCS Board of Trustees on March 13, 2017. Thank you for obtaining signatures from the City of San Rafael representatives and forwarding a fully executed copy in the enclosed envelope. Please feel free to contact me should you have questions. Kindest regards, Kimberly Joseph Enclosures ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 4/3/2017 From: Sarah Houghton Department: Library Date: 3/22/2017 Topic: RESOLUTION AUTHORIZING A MEMORADUM OF UNDERSTANDING (MOU) BETWEEN THE SAN RAFAEL CITY SCHOOLS (SRCS) AND THE CITY OF SAN RAFAEL TO PROVIDE SAN RAFAEL PUBLIC LIBRARY CARDS TO ALL SRCS STUDENTS Subject: THIS MOU OUTLINES THE REPONSIBILITY OF THE CITY OF SAN RAFAEL TO PROTECT THE PRIVACY OF SRCS STUDENT DATA AND IN TURN THE CITY AGREES TO PROVIDE LIBRARY CARDS TO ALL SRCS STUDENTS USING THIS DATA, WITH THE EXCEPTION OF STUDENTS WHOSE PARENT OR GUARDIAN OPTS OUT OF THIS INITIATIVE. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - approved 3/23/17 with one recommended change ® City Attorney Remarks: LG -Approved 3/23/17 with recommended changes. ® Author, review and accept City Attorney / Finance changes Remarks: SH -Approved 3/27/17 with all changes F City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: