HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (19)INSURANCE NOT REQUIRED
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This Data Sharing Agreement ("DSA") is entered into on this 181h day of August, 2020 by and between
Santa Ana Unified School District, (hereinafter referred to as "SAUSD" or "District"), and the City of Santa
Ana, a chartercity and municipal corporation "City"), on behalf of the Santa Ana Public Library (hereinafter
referred to as "City" or "SAPL").
RECITALS
WHEREAS, in order to provide the Student Success Library Card Program described in the MOU,
the City may receive and the SAUSD may provide documents or data that are covered by several federal
statues, among them, the Family Educational Rights and Privacy Act ("FERPA") at 20 U.S.C. 1232g (34 CFR
Part 99), Children's Online Privacy Protection Act ("COPPA"), 15 U.S.0 6501-6506; Protection of Pupil
Rights Amendment ("PPRA) 20 U.S.C. 123h; and
WHEREAS, the documents and data transferred from SAUSD and created by the SAPL's Student
Success Library Card Program are also subject to California state student privacy laws, including AB 1584,
found at California Education Code Section 49073.1 and the Student Online Personal Information
Protection Act ("SOPIPA") found at California Business and Professions Code section 22584; and
WHEREAS, for the purposes of this DSA, SAPL is a public library with legitimate educational
interests in accessing students' records pursuant to the MOU conforms to the requirements of the privacy
laws referred to above and to establish implementing procedures and duties.
NOW THEREFORE, for good and valuable consideration, the parties agree as follows:
ARTICLE 1: PURPOSE AND SCOPE
1. Purpose of DSA: The purpose of this DSA is to describe the duties and responsibilities to protect
student data transmitted to City from SAUSD pursuant to the MOU, including compliance with all
applicable statues, including the FERPA, PPRA, COPPA, SOPIPA, AB 1584, and other applicable
California State laws, all as may be amended from time to time. In performing these services, the
SAPL shall be considered a School Official with a legitimate educational interest.
2. Nature of Services Provided: The SAPL has agreed to provide the Student Success Library Card
Program described in the MOU and as may be further outlined in Exhibit A.
3. Student Data to Be Provided: SAUSD will provide student data to SAPL's integrated library system
via a secure electronic delivery method. Such shared student data shall consist of participating
student's name, student ID number, home address, grade, school, and the student's
parent's/guardian's name, phone number and/or email address.
ARTICLE II: DATA OWNERSHIP AND AUTHORIZED ACCESS
1. Student Data Property of SAUSD: All student data transmitted to the SAPL pursuant to the MOU
is and will continue to be the property of and under the control of the SAUSD. The parties agree
that as between them, all rights, including all intellectual property rights in and to student data
contemplated per the MOU shall remain the exclusive property of the SAUSD. For the purpose of
FERPA, the SAPL shall be considered a School Official, under the control and direction of the
SAUSD as it pertains to the use of Student Data notwithstanding the above.
Third Party Access to Student Data: SAUSD allows the SAPL's integrated library system called The
Library Corporation (TLC) to access student data in order to establish a library card account for
students. Such student data shall consist of participating student's name, student ID number,
home address, grade, school, and the student's parent's/guardian's name, phone numberand/or
email address. Except for TLC, should a third party, including law enforcement and government
entities, contact SAPL with a request for data held by the SAPL pursuant to the MOU, the SAPL
shall redirect the third party to request the data directly from the SAUSD. SAPL shall notify the
SAUSD in advance of a compelled disclosure to a third party.
3. Subprocessors: SAPL shall enter into written agreements with all subprocessors performing
functions pursuant to the MOU, whereby the subprocessors agree to protect student data in
manner consistent with the terms of this DSA.
ARTICLE III: DUTIES OF SAUSD
1. Privacy Compliance: SAUSD shall provide data for the purposes of the MOU in compliance with
FERPA, COPPA, PPRA, SOPIPA, AB 1584 and all other California privacy statutes.
ARTICLE IV: DUTIES OF SAPL
1. Privacy Compliance: The SAPL shall comply with all applicable state and federal laws and
regulations pertaining to data privacy and security, including FERPA, COPPA, PPRA, SOPIPA, AB
1584 and all other California privacy statutes.
2. Authorized Use: The data shared pursuant to the MOU shall be used for no other purpose than
the Student Success Library Card Program.
3. Employee Obligation: SAPL shall require all employees who have access to student data to comply
with all applicable provisions of this DSA with respect to the data shared under the MOU.
4. Disposition of Data: Upon written request, SAPL shall dispose or delete all student data obtained
under the MOU when it is no longer needed for the purpose for which it was obtained.
5. Advertising Prohibition: SAPL is prohibited from using or selling student data to market or
advertise to students or families/guardians.
ARTICLE V: DATA PROVISIONS
1. Data Security: The SAPL agrees to abide by and maintain adequate data security measures,
consistent with industry standards and technology use practices, to protect student data from
unauthorized disclosure or acquisition by an unauthorized person. These measures shall include,
but not limited to:
a. Passwords and Employee Access: SAPL shall secure usernames, passwords, and any other
means of gaining access to student data. SAPL shall only provide access to student data to
employees or integrated library system provider such as TLC that is performing the services.
b. Destruction of Data: SAPL shall destroy or delete all student data obtained under the MOU
when it is no longer needed for the purpose for which it was obtained.
c. Security Protocols: Both parties agree to maintain security protocols that meet industry
standards in the transfer of transmission of any data, including ensuring that data may only
be viewed or access by parties legally allowed to do so.
2. Data Breach: In the event that student data is accessed or obtained by an unauthorized individual,
SAPL shall provide notification to SAUSD within a reasonable amount of time of the incident, and
not exceeding forty-eight (48) hours. Provider shall follow the following process:
a. The security breach notification shall be written in plain language, shall be titled "Notice of
Data Breach", and shall present the information described herein under the following
headings: "What Happened", "What Information Was Involved", "What We Are Doing",
"What You Can Do", and "For More Information". Additional information may be provided as
a supplement to the notice.
b. The security breach notification described above in section 2(a) shall include, at a minimum,
the following information:
The name and contact information of the reporting SAPL subject to thissection.
ii. A list of the types of personal information that were or are reasonably believed to
have been the subject of a breach.
iii. If the information is possible to determine at the time the notice is provided, then
either(1)the date of the breach, (2) the estimated date of the breach, or(3)the data
range within which the breach occurred. The notification shall also include the date
of the notice.
iv. Whether the notification was delayed as a result of a law enforcement investigation,
if that information is possible to determine at the time the notice is provided.
V. A general description of the breach incident, if that information is possible to
determine at the time the notice is provided.
c. At SAUSD's discretion, the security breach notification may also include any of the following:
Information about what the SAPL has done to protect individuals whose information
has been breached.
ii. Advice on steps that the person whose information has been breached may take to
protect himself or herself.
d.SAPL agrees to adhere to all requirements in applicable State and in federal law with respect
to a data breach related to the student data, including, when appropriate or required, the
required responsibilities and procedures for notification and mitigation of any such data
breach.
e.SAPL further acknowledges and agrees to have a written response plan that reflects best
practices and is consistent with industry standards and federal and state law for responding to
a data breach, breach of security, privacy incident or unauthorized acquisition or use of
student data or any portion thereof, including personally identifiable information and agrees
to provide SAUSD, upon request, with a copy of said written incident response plan.
f. SAPL is prohibited from directly contacting parent, legal guardian or eligible pupil unless
expressly requested by SAUSD. If SAUSD requests SAPL's assistance providing notice of
unauthorized access, and such assistance is not unduly burdensome to SAPL, SAPL shall notify the
affected parent, legal guardian or eligible pupil of the unauthorized access, which shall include
the information listed in subsections (b) and (c), above.
ARTICLE VI: MISCELLANEOUS
1. Term: The SAPL shall be bound by this DSA for the duration of the MOU or long as the SAPL
maintains any student data.
2. Termination: In the event that either party seeks to terminate this DSA, they may do so by mutual
written consent so long as the MOU has lapsed or has been terminated. SAUSD shall have the
right to terminate the DSA and MOU in the event of a materials breach of the terms of this DSA.
3. Effect of Termination Survival: If the MOU is terminated, the SAPL shall destroy all of SAUSD'data
pursuant to Article V, section 1(b), above.
4. Priority of Agreements: This DSA shall govern the treatment of student data in order to comply
with privacy protections, including those found in FERPA and all applicable privacy statutes
identified in this DSA. In the event there is conflict between the DSA and the MOU, the DSA shall
apply and take precedence. Except as described in this paragraph herein, all other provisions of
the MOU shall remain in effect.
5. Notice: All notices or other communication required or permitted to be given hereunder must be
in writing and given by personal delivery, or e-mail transmission (if contact information is provided
for the specific mode of delivery), or first-class mail, postage prepaid, sent to the designated
representatives before:
a. Designated Representatives
The designated representative for the SAUSD for this Agreement is:
Name:
Bianca Barquin
Title: Assistant Superintendent
Contact Information:
Tamara Davis. SAUSD District Librarian
714-480-4784
tarmara.davis@sausd.us
The designated representative for the SAPL for this Agreement is:
Name: Kristine Ridge
Title: City Manager
Contact Information:
Brian Sternberg
(714)647-5296
bsternberg@santa-ana.org
IN WITNESS WHEREOF, the parties have executed this Data Sharing Agreement as of the last day noted
below.
ATTEST:
r
Daisy Gomez
Z/ Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Jose Montoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Brian Sternberg
Library Services Director
CITY OF SANTA ANA
Krisline Ridge
City Manager
SANTA ANA UNIFIED SCHOOL DISTRICT:
(/La i e�4446 '
Bianca Barquin Cl
Assistant Superintendent K-12 Teaching &
Learning
EXHIBIT A
SCOPE OF WORK FOR STUDENT SUCCESS LIBRARY CARD
A. Student Success Library Card Program
1. Student Success Library Card will use the student's SAUSD issued identification number or
Student ID as the Student Success Library Card account number. The SAPL will not issue a
physical library card since by default students will use their school issued identification number
or Student ID to check out library materials or to access electronic resources.
2. The Student Success Library Card will provide access to all electronic resources offered by
SAPL, including online databases and downloadable e-books, audiobooks, magazines, and video
streaming.
3. The Student Success Library Card will have limited borrowing privileges of physical materials
and will be limited to five (5) books, which must be returned before additional books will be
allowed to be checked out.
4.Overdue fines or other fees will not be charged on any materials checked out with the
Student Success Library Card.
5. The SAPL will waive existing fines/fees if students already have a card in order to give them a
new library card, and a fresh start.
B. Library Operating Responsibilities
1. Work jointly with the SAUSD to develop information that describes the Student Success
Library Card program to parents or legal guardians.
2. Workjointly with the SAUSD to provide training and information as needed to SAUSD
librarians and administrators regarding the Student Success Library Card program and library
services.
3. Provide reasonable sufficient time for SAPL staff to visit local SAUSD schools as needed to
provide information on the Student Success Library Card program.
4. Provide student data confidentiality and privacy.
S. Import the data provided by SAUSD into the SAPUs integrated library system after verifying
those students are not already in the database.
C. SAUSD Operating Responsibilities
1. Include a letter of introduction to the Student Success Library Card program in all
registration packets for students, which allows parents or guardians to opt -out of the
program by signing a form and returning it to their child's school main office.
2. Work jointly with the SAPL to develop and distribute information content that describes the
Student Success Library Card program to parents or legal guardians.
3. Produce and distribute handouts and website information to parents or legal guardians to
create awareness of the program.
4. Work jointly with the SAPL to provide training and information to SAUSD librarians and
administrators regarding the program.
5. Provide SAUSD student data to the SAPL's integrated library system via a secure electronic
delivery method. Such shared student data shall consist of participating student's name,
student ID number, home address, grade, school, and the student's parent's/guardian's
name, phone number and/or email address.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
SANTA ANA UNIFIED SCHOOL DISTRICT
This Memorandum of Understanding ("MOU") is entered into on this I 0-1 "day of
fk) , 2020 by and between Santa Ana Unified School District, (hereinafter referred to as
"SA SD" or "District"), and the City of Santa Ana, a charter city and municipal corporation
"City"), on behalf of the Santa Ana Public Library (hereinafter referred to as "City" or "SAPL").
ARTICLE I. RECITALS
A. The SAPL and the SAUSD have a long tradition of collaborating to meet the needs of
students within the City in achieving their academic goals.
B. The Student Success Library Card Program and the Bookmobile services will improve
library access to underserved students in Santa Ana.
C. The vision of the Student Success Library Card Program is to provide SAUSD
students easy access to the SAPL's resources such as physical materials and online resources
such as downloadable e-books, magazines, audiobooks, and video streaming.
D. The vision of the Bookmobile services is to promote love of reading, support
academic success, and bring new technology and hands-on educational programming and
activities directly to SAUSD students.
ARTICLE II. PURPOSE
The SAPL and the SAUSD agree to work collaboratively as outlined in this MOU to issue a
Student Success Library Card to all students in the SAUSD and develop programming and
activities that the bookmobile will conduct at the schools.
ARTICLE HI. TERM
The term of this MOU shall commence on the last date all required signatures are obtained and
shall continue in force and effect for a period of five (5) years. This MOU shall terminate
without cause upon thirty (30) days written notice from either PARTY to the other PARTY
stating that PARTY's intent to terminate this MOU.
ARTICLE IV. SCOPE OF WORK FOR STUDENT SUCCESS LIBRARY CARD
A. Student Success Library Card Program
1. Student Success Library Card will use the student's SAUSD issued identification
number or Student ID as the Student Success Library Card account number. The SAPL
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will not issue a physical library card since by default students will use their school issued
identification number or Student ID to check out library materials or to access electronic
resources
2. The Student Success Library Card will provide access to all electronic resources
offered by SAPL, including online databases and downloadable e-books, audiobooks,
magazines, and video streaming.
3. The Student Success Library Card will have limited borrowing privileges of physical
materials and will be limited to five (5) books, which must be returned before additional
books will be allowed to be checked out.
4. Overdue fines or other fees will not be charged on any materials checked out with the
Student Success Library Card.
5. The SAPL will waive existing fines/fees if students already have a card in order to give
them a new library card, and a fresh start.
B. Library Operating Responsibilities
1. Work jointly with the SAUSD to develop information that describes the Student
Success Library Card program to parents or legal guardians.
2. Work jointly with the SAUSD to provide training and information as needed to
SAUSD librarians and administrators regarding the Student Success Library Card
program and library services.
3. Provide reasonable sufficient time for SAPL staff to visit local SAUSD schools as
needed to provide information on the Student Success Library Card program.
4. Provide student data confidentiality and privacy.
5. Import the data provided by SAUSD into the SAPL's integrated library system after
verifying those students are not already in the database.
C. SAUSD Operating Responsibilities
I . Include a letter of introduction to the Student Success Library Card program in all
registration packets for students, which allows parents or guardians to opt -out of the
program by signing a form and returning it to their child's school main office.
2. Workjointly with the SAPL to develop and distribute information content that
describes the Student Success Library Card program to parents or legal guardians.
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Produce and distribute handouts and website information to parents or legal guardians
to create awareness of the program.
4. Work jointly with the SAPL to provide training and information to SAUSD librarians
and administrators regarding the program.
5. Provide SAUSD student data to the SAPL's integrated library system via a secure
electronic delivery method. Such shared student data shall consist of participating
student's name, student ID number, home address, grade, school, and the student's
parent's/guardian's phone number and/or email address.
ARTICLE V. SCOPE OF WORK FOR BOOKMOBILE SERVICES
A. Bookmobile Services
1. Provide mobile materials checkout, library card registration and general circulation
functions.
2. Offer 3D printers and other "maker" equipment for STREAM based teaming.
3. Browse popular materials collection inside the Bookmobile and submit requests for
materials available from the Main Library.
4. Provide built-in Wi-Fi hotspot.
5. Offer laptops and/or tablets for library programming and patron use.
B. Library Operating Responsibilities
Work jointly with the SAUSD to develop information that describes Bookmobile
services to parents or legal guardians.
2. Work jointly with the SAUSD to develop STREAM related programming and
activities for students.
3. Pay and be responsible for all operating costs related to the Bookmobile services such
as staffing, equipment and materials for STREAM related programming.
C. SAUSD Operating Responsibilities
1. Work jointly with the SAPL to develop and distribute information content that
describes the Bookmobile services to parents or legal guardians.
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2. Provide input to the SAPL for STREAM related programming and activities that the
Bookmobile will conduct at the schools.
3. Provide suggestion and recommendation of locations and times for the bookmobile to
visit schools.
ARTICLE VI. KEY OFFICIALS
Key officials for the administration of this MOU shall be:
SAPL: Brian Sternberg, Library Director
City of Santa Ana
26 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5296
Lynn Nguyen, Principal Librarian
City of Santa Ana
26 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5259
SAUSD: Bianca Barquin
Assistant Superintendent
Santa Ana Unified School District
1601 E. Chestnut Ave
Santa Ana, CA 92701
714-558-5501
Tamara Davis
District Librarian
Santa Ana Unified School District
1601 E. Chestnut Ave
Santa Ana, CA 92701
714-480-4784
ARTICLE VIL TERMINATION
Either Party may terminate this Agreement by providing thirty (30) days written notice to the
other Party.
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ARTICLE VHL LIABILITY AND INDEMNIFICATION
A. District shall defend, indemnify and save and hold harmless City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and fees of litigation of any nature) arising out of or in
connection with District's performance of this Agreement or District's failure to comply with
any of District's obligations contained in the Agreement caused by District, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of City. In the event City is named as codefendant, District shall notify City of such
fact and shall represent City in such legal action unless City undertakes to represent itself as
codefendant in such legal action, in which case City shall bear its own litigation costs, expenses
and attorney's fees.
B. City shall defend, indemnify and save and hold harmless District, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and fees of litigation of any nature) arising out of or in
connection with City's performance of this Agreement or City's failure to comply with any of
City's obligations contained in the Agreement caused by City, its officers, agents or employees
except such loss or damage which was caused by the sole negligence or willful misconduct of
District. In the event District is named as codefendant, City shall notify District of such fact and
shall represent District in such legal action unless District undertakes to represent itself as
codefendant in such legal action, in which event District shall bear its own litigation costs,
expenses and attorney's fees.
ARTICLE IX. INSURANCE
Both the City and the District shall maintain, for the period covered by this Agreement, at their
own respective costs, their own respective policy or policies of general liability insurance and
property insurance. Each Party waives subrogation of its insurance coverage for the other
entity. Self-insurance authorized by state law and/or maintained by the City or the District in the
regular course of business for its other activities shall satisfy this requirement.
{Signature Page Followsl
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and
through their authorized officers the day, month and year first written above.
ATTEST:
DAISY GOMEZ %
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: ✓(4 � ` 4G
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Brian Sternberg
Library Director
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SANTA ANA UNIFIED SCHOOL DISTRICT
gza. -, 2 8a�
Bianca arquin
Assistant Superintendent K-12 Teaching & Learning
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