HomeMy WebLinkAboutLib Library Cards for Students MOU 2022MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN RAFAEL CITY
SCHOOLS AND THE CITY OF SAN RAFAEL
This Memorandu of,Understanding ("MOU" or "Agreement") is made and entered into
thispiday of _ , 2022, 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 several 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 City 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.
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
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:
City Librarian Superintendent
City of San Rafael San Rafael City Schools
1400 Fifth Avenue 310 Nova Albion Way
San Rafael, CA 94901 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 San R of San Rafael City Schools
F
City ozw1r, S&aol So
Attest:
Lindsay Lara, City Clerk S e ntendent /
t
Approve as to form: Approved as to form
1
Robert F. pstein, CitiAtorney General Counsel
RA
7
0
r�Y 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: San Rafael City Schools -City of San Rafael — Library Card MOU
Contractor's Contact: Stephanie Kloos, Exec. Director -Elementary Education, SRCS Contact's Email: skloos&res.org
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
n/a
Check/Initial
x
1
Project Manager
a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) and attachments to City
8/2/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org
c. Check with City Attorney re Insurance
Requirements for extra small or large projects
8/16/2022
2
City Attorney
a. Review, revise, and comment on draft agreement
and return to Project Manager
n/a
0
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
9/12/2022
® CGQ
contractor
4
Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
5
Project Manager
When necessary, Contractor -signed agreement
0 N/A
agendized for City Council approval *
*City Council approval required for Professional Services
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
10/17/2022
JB
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
�0
agreement
8
City Attorney Review and approve insurance in PINS, and bonds
iC) j
(for Public Works Contracts)
City Manager/ Mayor Agreement executed by City Council authorized
/6//
9
official
City Clerk Attest signatures, retains original agreement and
10
ft f
I forwards copies to Project Manager
t 11vall