HomeMy WebLinkAboutLib MOU Miller Creek School District and San Rafael Public Library 2019MEMORANDUM 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
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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.
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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.
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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
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Miller Creek School Distric
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Chair, School Board
Superi t d '
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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
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and return to Project Manager
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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
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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
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City Attorney
agreement
Review and approve insurance in PINS, and bonds
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(for Public Works Contracts)
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City Manager/ Mayor
Agreement executed by Council authorized official
City Clerk
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Attest signatures, retains original agreement and
forwards copies to Project Managerq-