HomeMy WebLinkAboutLib Library Cards for Students MOU 2021MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN RAFAEL CITY
SCHOOLS AND THE CITY OF SAN RAFAEL
This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into
this 13 day of January , 2021, 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.
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 SRCS, will
create library cards for all SRCS students at no cost and deliver said cards to
SRCS schools.
2. City Library staff will provide and track an opt -out form, in English and Spanish,
to be distributed to SRCS student parents, to provide them with the option of not
receiving a library card.
3. City Library staff will streamline student access to databases, print and e -
resources. Implementation will include City training for SRCS 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 SRCS
staff and teachers to curate and highlight specific digital content, supporting
SRCS curriculum goals.
4. City Library staff will work collaboratively with SRCS to further deepen the
partnership between the agencies.
B. Obligations of SRCS
The SRCS agrees to the following:
1 SRCS 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 SRCS. This database will
be updated annually beginning in August 2021 as new students enroll in the
district.
2. In collaboration with City Library staff, SRCS will help to facilitate the introduction
of professional development opportunities for SRCS teachers and staff
surrounding the educational resources available at SRPL as well as
communicating about other City Library projects.
3. SRCS will provide certain directory information to City Library staff as specified in
this MOU.
4. SRCS 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. 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. §
12328; 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 §§ 62546) 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
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 SRCS, 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, and the party
receiving the request shall withhold the designated confidential documents from
the Public Records Act response, if requested to do so by the other party, and
the other party agrees to indemnify the party receiving the request from any
expense in defending a Public Records Act lawsuit.
D. General Provisions.
1. Project Manager. SRCS shall name a Project Manager for the SRCS. The
Project Manager shall be the SRCS'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.
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 four (4) 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 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 of San Rafael San Rafael City Sch
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Cityana er 7,1w9f AV
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Attest: James R Hogeboom (Ja 13, 2021 12.45 PST)
Superintendent
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Lindsay Lara, City Clerk Approved as to form
Approved as to form: General Counsel
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Robert F. Epstein, City Alkorney