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MEMORANDUM OF UNDERSTANDING
(NON-FUNDRAISING)
This Memorandum of Understanding (“MOU”) is entered into ____________________
hereinafter as” the Agency” and between
The Board of Education of the City of St. Louis
(hereinafter
Saint Louis Public Schools (“SLPS”)
, or (“the District,”)
on this ___ day of _____
, 20___.
The purpose of this Memorandum of Understanding is to establish a partnership
between _______________ and the SLPS in order to
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
1. Fundraising: It is understood by the “District” does not endorse any fundraising efforts by
the “Agency”, whether or not associated with the activities and duties contemplated by this
MOU. To the extent that the “Agency” believes in the future that its activities require
fundraising, the parties agree that all documents and activities associated with any such
fundraising effort will be cooperatively prepared and separately agreed to, and must be
approved by The Board of Education of the City of St. Louis prior to implementation.
2. Limitation of Liability: Each party to this MOU shall be solely responsible for any and all
actions, suits, damages, liability, or other proceedings brought against it as a result of the alleged
negligence, misconduct, error, or omission of any of its officers, agents or employees. Neither
party is obligated to indemnify the other party or to hold the other party harmless from costs or
expenses incurred as a result of such claims, and the “District” shall continue to enjoy all rights,
claims, and defenses available to it under law, to specifically include Mo.Rev.Stat. §537.600, et
seq. Nothing in the MOU shall be construed as an indemnification by one party or the other for
liabilities of a party or third persons for property or any other loss, damage, death, or personal
injury arising out of the performance of this MOU. Any liabilities or claims for property or other
loss, damage, death, or personal injury by a party or its agents, employees, contractors, or assigns
or by third persons arising out of and during this MOU shall be determined according to
applicable law. SLPS does not relinquish or waive any of its rights under applicable state
governmental immunities law.
3. Background Checks: All Personnel providing services under this MOU that may in any way
come into contact with students must undergo background checks consistent with those used by
the SLPSand state-licensed facilities; all such checks must be performed and passed prior to
any Personnel providing any services hereunder. At a minimum, checks hereunder shall include
a Department of Family Services background check, a criminal background check, and
fingerprinting. The cost of all such background checks shall be borne by the “Agency”, and the
SLPS shall not be liable for such cost under any circumstance. The “Agency” will provide
written confirmation to SLPSthat the background checks on all Personnel hereunder reflected
no negative findings, that said Personnel passed the background checks and are, therefore,
eligible to provide services under this MOU.
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4. Student Information:
a. The “Agency” acknowledges that it shall now, and in the future may, have access
to and contact with confidential information of students, including but not limited
to the education and/or medical records of students. Both during the term of this
MOU and thereafter, the “Agency” covenants and agrees to hold such information
in trust and confidence and to exercise diligence in protecting and safeguarding
such information, as well as any other information protected from public
disclosure by federal or state law or by the policies or procedures of the “SLPS”.
The “Agency” will not disclose any confidential information to any third party
except as may be required in the course of performing services for the “SLPS
hereunder or by law, and any disclosure will be in compliance with the Family
Education Rights and Privacy Act (“FERPA”) and the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) In the course of providing
services during the term of the contract, certain personnel of “Agency” may have
access to student education records that are subject to the Family Educational
Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, et seq. and the regulations
promulgated there under. Such information confidential and is therefore
protected. To the extent that “Agency’s” personnel require access to “education
records” to perform Services pursuant to this Agreement, such personnel are
deemed a “school official,” as each of these terms are defined under FERPA.
“Agency” agrees that it shall not use education records for any purpose other than
in the performance of this contract. Except as required by law, “Agency” shall not
disclose or share education records with any third party unless permitted by the
terms of the contract or to subcontractors who have agreed to maintain the
confidentiality of the education records to the same extent required of “Agency”
under this contract. For the avoidance of doubt, “SLPS” will be responsible for
obtaining any necessary consents from students or parents pursuant to FERPA to
provide the information to “Agency”.
b. In the event any person(s) seek to access protected education records, whether in
accordance with FERPA or other Federal or relevant State law or regulations, the
“Agency” will immediately inform the “ District” of such request in writing if
allowed by law or judicial and/or administrative order. “Agency” shall not
provide direct access to such data or information or respond to individual
requests. “Agency” shall only retrieve such data or information upon receipt of,
and in accordance with, written directions by the “District” and shall only provide
such data and information to the “District”. It shall be “District ’s” sole
responsibility to respond to requests for data or information received by Vendor
regarding “District” data or information. Should “Agency” receive a court order
or lawfully issued subpoena seeking the release of such data or information,
“Agency” shall provide immediate notification to the “District” of its receipt of
such court order or lawfully issued subpoena and shall immediately provide the
“District” with a copy of such court order or lawfully issued subpoena prior to
releasing the requested data or information, if allowed by law or judicial and/or
administrative order.
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c. If “Agency” experiences a security breach concerning any education record
covered by this contract, then “Agency” will immediately notify the “District
and take immediate steps to limit and mitigate such security breach to the extent
possible. The parties agree that any breach of the confidentiality obligation set
forth in the contract may, at “District’s” discretion, result in cancellation of
further consideration for contract award and the eligibility for “Agency” to
receive any information from “District” for a period of not less than five (5) years.
In addition, “Agency” agrees to indemnify and hold the “District” harmless for
any loss, cost, damage or expense suffered by the “District”, including but not
limited to the cost of notification of affected persons, as a direct result of the
unauthorized disclosure of education records.
Upon termination of Agreement, the “Agency” shall return and/or destroy all data or information
received from the “District” upon, and in accordance with, direction from the “District”. The
“Agency” shall not retain copies of any data or information received from the “District” once the
“District” has directed the “Agency” as to how such information shall be returned to the
“District” and/or destroyed. Furthermore, the “Agency” shall ensure that they dispose of any and
all data or information received from the “District” in a District-approved manner that maintains
the confidentiality of the contents of such records (e.g. shredding paper records, erasing and
reformatting hard drives, erasing and/or physically destroying any portable electronic devices).
5. Obligations of SLPS:
(a)
(b)
(c)
(d) The terms of the document titled and attached hereto as
Exhibit A are also incorporated herein, except where specifically noted.
6. Obligations of Agency:
(a)
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(b)
(c)
(d) The terms of the document titled and attached hereto as
Exhibit A are also incorporated herein, except where specifically noted.
7. Success of this program will be measured using the following Performance Standards:
Performance Standards: Agency performance at the end of the term of this Memorandum of
Understanding will be measured by the Agency’s compliance with the following performance
standards:
(a)
(b)
(c)
8. AUTHORIZATION: this Memorandum of Understanding is authorized by:
Board Resolution #___________, attached hereto.
Or
Other. Please describe and attach appropriate documentation
9.
Term and Termination: The term of the MOU will be from ___________(the Effective
Date) through June 30, 20 , unless earlier terminated by either party by providing thirty (30)
days’ written notice to the person who has signed as a representative of each party below.
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The Board of Education of the City of St. Louis Agency Signature:
By: __ By:
Name: _________________. Name:
Title: Superintendent ___ Title:
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