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HomeMy WebLinkAboutLib MOU Miller Creek School District and San Rafael Public Library 2022MEMORANDUM 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 7.5day of C(uke , 2022, between Miller Creek School District (known as MCSD and referred to herein �s 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 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 2022 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 MDU. 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 §§ 62546) 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. 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 Califomia 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, 2024, 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 f San a Miller Creek School District AIA C' City ana r C ir, Sch l Boar � . Attest: Superint drat Lindsay Lara, City Clerk c Appr d as to form: r Roler4 .Epstein, Ci homey FAIR POLITICAL PRACTICES COMMISSION 2022 Conflict of Interest Code Biennial Notice Instructions for Local Agencies The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). By July 1, 2022: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes. By October 3, 2022: The biennial notice must be filed with the agency's code reviewing body. The FPPC has prepared a 2022 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them. The Local Agency Biennial Notice is not forwarded to the FPPC. If amendments to an agency's conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency's amended code is not effective until it has been approved by the code reviewing body. If you answer yes, to any of the questions below, your agency's code probably needs to be amended. • Is the current code more than five years old? • Have there been any substantial changes to the agency's organizational structure since the last code was approved? • Have any positions been eliminated or re -named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved? If you have any questions or are still not sure if you should amend your agency's conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC's website. advice@fmc.ca.gov 1.866.275.3772 or 916.322.5660 www.fppc•co.gov FPPC • 076-04.2022 • Page 1 of 1 Name of Agency: Mailing Address: Contact Person: Email: 2022 Local Agency Biennial Notice Phone No. Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BOX): ❑ An amendment is required. The following amendments are necessary: (Check all that apply.) ❑ Include new positions ❑ Revise disclosure categories ❑ Revise the titles of existing positions ❑ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions ❑ Other (describe) _ ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fpf)c.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) Page 1 of 1 P � RAP S 2 F Ty WITH P� 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 & Recreation, Library Division Project Manager: Henry Bankhead Extension: 3436 Contractor Name: Miller Creek School District -City of San Rafael — Library Card MOU Contractor's Contact: Contact's Email: Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 City Attorney I 3 Department Director 4 Project Manager 5 Project Manager PRINT 6 Project Manager 7 City Attorney 8 City Attorney 9 1 City Manager/ Mayor 10 1 City Clerk DESCRIPTION I a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.ors c. Check with City Attorney re Insurance Requirements for extra small or large projects a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor jApproval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval COMPLETED REVIEWER DATE Check/Initial n/a JB 8/2/2022 I 8/16/2022 n/a 9/12/2022 ❑X CGO ❑X N/A Or CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 9/15/22 JB Attorney with printed copy of this routing form Review and approve hard copy of signed Ci�� K agreement JT9)'1i%' Review and approve insurance in PINS, and bonds (for Public Works Contracts) L Agreement executed by City Council authorized 11 official Attest signatures, retains original agreement and forwards copies to Project Manager—