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Lib MOU Miller Creek School District and San Rafael Public LibraryMEMORANDUM OF UNDERSTANDING BETWEEN THE MILLER CREEK SCHOOL DISTRICT AND THE CITY OF SAN RAFAEL This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into this 8th day of October, 2019, between Miller Creek School District (known as MCSD and referred to herein as MCSD or "the District") located at 380 Nova Albion Way San Rafael, CA 94903, and the City of San Rafael ("City"), for a collaboration between Miller Creek School District and City's Public Library (the "the City Library" or "SRPL"). City and MCSD are sometimes referred to in this MOU individually as a "Party" and collectively as the "Parties." Recitals WHEREAS: Over the past few years, Miller Creek staff and SRPL staff have built strong one-on-one relationships working to improve 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. Miller Creek School District and SRPL would like to develop an infrastructure that will allow Miller Creek School District students to easily access and use the San Rafael Public Library's electronic and print resources freely by providing all Miller Creek School District students with a Library Card. Having and using a library card will help support Miller Creek 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 Miller Creek School District and SRPL understand that such services shall be provided at no cost to Miller Creek School District. WHEREAS: MCSD and SRPL have a 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 Miller Creek School District desire to collaborate on activities to improve the educational opportunities and outcomes of the children both institutions � -1- r -'-S- 1 share. In order to achieve an effective collaboration, SRPL and Miller Creek School District 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 Miller Creek School District, will create library cards for all Miller Creek School District students at no cost and deliver said cards to Miller Creek School District schools. 2. City Library staff will provide a draft opt -out form, in English and Spanish, to be customized by Miller Creek School District 3. City Library staff will streamline student access to databases, print and e - resources. Implementation will include City training for Miller Creek School District 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 Miller Creek School District staff and teachers to curate and highlight specific digital content, supporting Miller Creek School District curriculum goals. 4. City Library staff will work collaboratively with Miller Creek School District to further deepen the partnership between the agencies. B. Obligations of Miller Creek School District School District The Miller Creek School District agrees to the following: 1. Miller Creek School District 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 Miller Creek School District. This database will be updated annually beginning in September 2019 as new students enroll in the district. 2. Miller Creek School District will track and promote an opt out form, provided by SRPL, to be distributed to Miller Creek School District student parents, to provide them with the option of not receiving a library card. 3. In collaboration with City Library staff, Miller Creek School District will help to facilitate the introduction of professional development opportunities for Miller Creek School District teachers and staff surrounding the educational resources available at SRPL as well as communicating about other City Library projects. 4. Miller Creek School District will provide certain directory information to City Library staff as specified in this MOU. 5. Miller Creek School District 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. Miller Creek School District 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 Miller Creek School District 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 Miller Creek School District agree that each entity shall comply with applicable federal and state laws relating to the confidentiality of the Miller Creek School District 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 Miller Creek School District provided information. 3 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 Miller Creek School District, 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. D. General Provisions. 1. Project Manager. Miller Creek School District shall name a Project Manager for the Miller Creek School District. The Project Manager shall be the Miller Creek School District's representative in connection with the SRPL's performance under this Agreement. 2. City Library Supervisor. The City Librarian 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. 4 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, 2022, 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 Miller Creek School District 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 Miller Creek School District as follows: To: City City Librarian City of San Rafael P.O. Box 151560 San Rafael, CA 94915 [Signatures appear on following page] To: Miller Creek School District: Miller Creek School District 380 Nova Albion Way 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 of el C y Ma ager Attest: - ' Lindsay Lara, City Clerk Approved as to form: Iva, P Fe Robert F. Epstein, City A torne 0 Miller Creek School Distric �kA Chair, School Board Superi t d ' XA RAFq�I y 2 � y0 ,ry WITH pt1`y 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: Library Project Manager: Henry Bankhead Extension: 3436 Contractor Name: Miller Creek School District (MOU — Collaboration Between Miller Creek School District and San Rafael Public Library) Contractor's Contact: Kristy Treewater Contact's Email: ktreewater@millercreeksd.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager N/A 10/8/2019 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement CI*, hF �/bo yi-cl and return to Project Manager e1{+ ; I b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ Project Manager contractor for their signature enter a date 4 When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $75,000; or Purchase > $75,000; or Or Public Works Contract > $175,000 -lick here to Date of Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City 11/4/19 HB Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed r)l- )') qJ City Attorney agreement Review and approve insurance in PINS, and bonds 7 (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official City Clerk 9 Attest signatures, retains original agreement and forwards copies to Project Managerq-