10-28-2024 CC Agenda Packet - Laserfiche WebLink

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5 211089v6 Either party may designate a different addressee or address at any time by giving written notice to the other party. 16. DATA PRACTICES. The Parties are subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The School District is subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”). The SRO position is not a designated “school official” with regard to the FERPA while under contract and providing SRO services to the School District. The City agrees to comply with the requirements of FERPA to the extent the police officer serving as the SRO obtains data from the School District subject to FERPA. School District officials will allow the SRO(s) to inspect and copy any public records maintained by the School District within the extent of the law. During an emergency, if information in a student’s record is needed to protect the health or safety of the student(s) or other individuals, School District officials may disclose the information needed to respond to the emergency situation to the SRO based upon the seriousness of the threat to someone’s health or safety, the need of the information in order to meet the emergency situation, and the extent to which time is of the essence. If student record information is needed by an SRO, but no emergency situation exists, the information may be released only as allowed by law. The School District and the City agree that any use of body worn cameras by SROs must be subject to and in compliance with federal, state, and local laws and regulations and with OronoPolice Department Policy 422 Body Worn Cameras. All recordings captured on an SRO’s body worn camera will be the property of the OronoPolice Department and the School District shall not be responsible for their storage, maintenance, release, or disposal. The Orono Police Department is responsible for the storage, maintenance, release, and disposal of any recordings captured on an SRO’s body worn camera and is responsible for any misuse of such recordings. 17. NO UNLAWFUL DISCRIMINATION. Both Parties agree they will not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hire, tenure, terms, conditions, or privileges of employment under the terms as described in the Minnesota Human Rights Act. Neither Party will, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances. 18. APPLICABLE LAW AND SEVERABILITY. The Parties to this Agreement will comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in the performance of their respective obligations under this Agreement. This Agreement is governed by the laws of the State of Minnesota. If any part of this Agreement is deemedunlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect. 19. ENTIRE AGREEMENT, AMENDMENTS, AND EFFECT.This Agreement constitutes the entire agreement between the parties regarding the SRO services and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. No amendments or changes to this Agreement are valid and effective unless set forth in writing and signed by both parties. A copy of this Agreement has the same legal effect as the original. IN WITNESS WHEREOF, the City of Orono and the Independent School District #278 have caused this Agreement to be executed by their respective duly authorized officers. By signing below, each party 44