Agreement Between
SAN MATEO COUNTY SUPERINTENDENT OF SCHOOLS
and
City of Pacifica
Pursuant to a
California State Preschool Program (CSPP) Grant
1. PARTIES
This Agreement is made and entered into, in the State of California, by and between the San Mateo County Superintendent of Schools (“County Superintendent”) as LEA under a California State Preschool Program grant (CSPP) and City of Pacifica (“Delegate Agency”).
2. TERM
This Agreement will be effective July 1, 2024 through June 30, 2025.
3. FUNDING CONTINGENCY
Funding for this Agreement is contingent upon the appropriation and availability of funds from the State. Consequently, this Agreement is not effective until the current application that approves the spending of the funds is signed by the State.
4. FUNDING TERMS AND CONDITIONS
If funded, the Delegate Agency agrees to provide services in accordance with the budget, approved calendar, and the Funding Terms and Conditions (FT&C) attached and incorporated by this reference into this Agreement. The FT&C specify the contractual responsibilities of the Delegate Agency relating to the provision of preschool services, personnel and expenditures. The Delegate Agency is subject to all applicable laws and regulations including the same audit and/or audit review requirements as the County Superintendent, based on California Department of Education Audit Guidelines. Costs of the audit shall be borne by the Delegate Agency and are reimbursable under this Agreement.
5. COUNTY SUPERINTENDENT’S RESPONSIBILITIES
A. The County Superintendent shall:
1. Act as an intermediate agent between the California Department of Education and the Delegate Agency.
2. Monitor contract operations and reports relating to ensuring compliance with FT&C and the standards contained in the Program Self-Evaluation (PSE) and Federal Program Monitoring processes (FPM) incorporated by this reference into this Agreement.
3. Provide technical assistance and require the Delegate Agency participation to meet the San Mateo County Office of Education (“SMCOE”)'s Annual Agency goals and SMCOE's FPM review.
4. Provide program assistance to the State Preschool Directors of the Delegate Agency.
5. Provide technical budget assistance to the Delegate Agency.
Excellence and Equity in Education
Nancy Magee • County Superintendent of Schools
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2024-2025 CSPP Subcontract
6. Provide NoHo Care and DRDP Online™ Databases for Delegate Agency use for electronic transmission of program documentation of eligibility, attendance, and back-up documentation.
7. Send all required subcontractor information to the California Department of Education regarding program compliance and other requested information.
8. Reimburse the Delegate Agency in accordance with the FT&C from allocations provided by the California Department of Education, minus ten percent (10%) for the administrative cost of the program to the County Superintendent.
9. Ensure that a Release and Exchange of Information between the Delegate Agency and SMCOE is signed, allowing the exchange and sharing of information relating to any services performed.
B. The County Superintendent reserves the right to reduce the Delegate Agency’s allocation, when in her opinion, the agency fails to submit required reports including the audit report or the agency fails to conduct its operations in accordance with Title 22 California Code of Regulations, the FT&C, Title 5, California Department of Education regulations and the standards contained in the PSE and FPM processes.
C. The County Superintendent reserves the right to reduce the performance requirements of the Agreement when it is evident that the Delegate Agency will not earn the amount of the Agreement.
D. The County Superintendent shall notify the Delegate Agency in writing of changes in laws or regulations affecting this Agreement prior to their effective date or as soon as possible after enactment.
E. The County Superintendent shall limit reimbursement to the least of the following or otherwise directed by CDE in its Management Bulletin in the current year:
1. The Maximum Reimbursable Amount (MRA) or Agreement amount
2. The Net Reimbursable Cost for subsidized children
3. The Service Earnings (Daily Rate x Total Attendance)
6. DELEGATE AGENCY RESPONSIBILITIES
A. The Delegate Agency shall:
1. Conduct a Preschool part-day and/or full-day program for children ages three to five years old prior to Kindergarten entry which conforms to the California State Preschool Program FT&C and philosophies.
Comply with the enrollment criteria:
a. Enroll three- and four-year-old children who will have their 3rd or 4th birthday, respectively, on or before December 1st of the fiscal year in a state preschool program at the beginning of the fiscal year.
b. Enroll children who will have their 3rd birthday on or after December 1st of the fiscal year, in a state preschool program on or after their 3rd birthday. c. Delegate Agency has the option to serve two-year-olds from July 2, 2024 – June 30,2027, though it is not required. If Delegate Agency elects to serve two-year-olds, it must follow all applicable requirements. Any changes to these Agreement amounts are requested in advance of services being approved and implemented.
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2024-2025 CSPP Subcontract
2. The Delegate agency will participate in providing family literacy activities to Title V families based on the annual Program Self-Evaluation plan approved by the California Department of Education, Early Learning and Care Division.
3. Maintain records for program review, evaluation, audit and/or other purposes and make them available to persons authorized by the State, including the County Superintendent. Such records will be maintained for a minimum of five (5) years or as otherwise required by law, and be available for review and/or copying by the County Superintendent within 24-hour notice should they be requested. Should the contractual relationship terminate, all records shall be provided immediately to the County Superintendent for copying and all original records for the previous five (5) years shall be delivered to the County Superintendent within thirty (30) days of the termination.
4. Send Department of Social Services, Child Care licensing annual reports and any violations issued during a CCLD visit within three days of receiving the report to the SMCOE for reporting to the California Department of Education.
5. Determine the eligibility of families for child development services and keep eligibility documentation based on California State Preschool Program FT&C.
6. Inform parents of the right to appeal adverse eligibility determinations to the Delegate Agency’s Board.
7. Delegate Agency will offer agreed upon services (number of days and hours) based on the approved calendar submitted at the beginning of the fiscal year. No changes shall be made to the service level unless it is approved by the County Superintendent.
8. Submit CDNFS 8501 or 8501MCHS report on a quarterly basis to SMCOE’S State Preschool Manager and Fiscal Analyst, consistent with the following schedule:
Quarterly Reporting Period Submission Due Date
July 1-September 30, 2024 October 10, 2024
October 1-December 31, 2024 January 10, 2025
January 1-March 31, 2025 April 10, 2025
April 1-June 30, 2025 July 10, 2025
9. Be liable for any audit exceptions or overpayments made in this or prior years. In addition to any other remedy or source of funds, the County Superintendent may recover any audit exceptions or overpayments from Delegate Agency’s claims for reimbursement under this Agreement or any subsequent agreement.
10. Adhere to the Fair Employment Practices and Nondiscrimination Clause outlined by the FT&C.
11. Adhere to the Federal Certifications regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements, as set forth in the "Federal Certifications" attached hereto and incorporated by this reference into this Agreement.
12. Include the County Superintendent’s Uniform Complaint Procedure (UCP) in Delegate Agency’s parent handbook.
13. Include in Delegate Agency's parent handbook the County Superintendent’s template language regarding refrain from religious worship and instruction, prohibition of unlawful harassment and discrimination, with necessary elements and protected classes identified.
14. Participate in activities of the California Department of Education Federal Program Monitoring and Annual Agency goals.
15. Submit an annual budget, calendar and program assurances with this signed Agreement.
16. Implement program assurances as outlined in the addendum of this Agreement.
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2024-2025 CSPP Subcontract
B. The SMCOE participates in the San Mateo County Child Care Subsidy Plan. The Subsidy Plan allows for the development of local policies related to family eligibility, family fees, and reimbursement rates. Through this Agreement, the Delegate Agency will also participate in the Subsidy Plan.
C. Title to any equipment or supplies purchased with State funds rests with the Delegate Agency only as long as the Agreement is in effect. Upon termination of this Agreement, title and possession of all equipment and remaining supplies shall revert to the County Superintendent.
D. Any unit of equipment costing over five thousand dollars ($5,000) and/or having a useful life expectancy of two (2) years or more and purchased with California State Preschool Program funds must have prior written authorization both from the County Superintendent and the State. A written inventory record for all items of $500 or over in value must be kept by the Delegate Agency.
E. Any amendments to this Agreement are subject to review by the California Department of Education.
F. Travel and per diem are reimbursable at rates not exceeding those established by the California Department of Education.
G. Administrative and indirect charges shall not exceed five percent (5%) of the total funds.
7. INDEMNIFICATION
The Delegate Agency agrees to indemnify, defend, save and hold harmless the County Superintendent, her officers, agents and employees, as well as the State of California, Department of Education, from any and all claims and losses accruing or resulting to any and all of the Delegate Agency’s contractors, subcontractors, laborers and any person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Delegate Agency in the performance of this Agreement. The duty of the Delegate Agency to indemnify and hold harmless as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
8. INSURANCE
The Delegate Agency shall furnish to the County Superintendent evidence of sufficient insurance coverage as will protect it while performing the services required by this Agreement. Delegate Agency shall maintain a Certificate of Insurance to be made available upon request.
9. INDEPENDENT CONTRACTOR
The Delegate Agency and its officers, agents and employees, in the performance of this Agreement, are acting in an independent capacity and not as officers, employees or agents of the State of California; the County Superintendent; the County Office of Education; or the County Board of Education.
10. ASSIGNABILITY
Without the prior written consent of the County Superintendent, this Agreement is not assignable by the Delegate Agency either in whole or in part.
11. FINAL AGREEMENT
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2024-2025 CSPP Subcontract
No modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
12. TERMINATION
A. The County Superintendent may terminate this Agreement and be relieved of the payment of any consideration to the Delegate Agency when, in her opinion, the agency fails to perform the covenants herein contained in the time and in the manner herein provided. In the event of such termination, the County Superintendent may proceed with the work in any manner deemed proper by the County Superintendent. The cost to the County Superintendent to proceed with such work shall be deducted from any sum due the Delegate Agency. County Superintendent shall provide thirty (30) days’ written notice to Delegate Agency of termination.
B. If any of the conditions contained in the FT&C arise which warrant termination of funding by either the County Superintendent or the Delegate Agency, then this Agreement shall automatically be terminated as of the date funding is terminated.
C. If the Agreement is terminated, the Delegate Agency shall cooperate with the County Superintendent to effectuate the termination, including copying any records and moving any and all furniture deemed necessary by the County Superintendent. The Delegate Agency shall be paid according to the FT&C for actual services rendered through the date of termination.
D. The County Superintendent or the Delegate Agency shall notify the other by certified mail of the termination, with the reason for the action specified.
13. NONDISCRIMINATION CLAUSE
A. During the performance of this Agreement, the Delegate Agency and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, race, color, ethnic group identification, national origin, ancestry, gender, sex, sexual orientation, physical or mental disability, medical condition, marital status, or age (over 40), nor shall they discriminate unlawfully against any employee or applicant for employment because of religion, race, color, ethnic group identification, national origin, ancestry, gender, sex, sexual orientation, physical, or mental disability, medical condition, marital status, or age (over 40).
Delegate Agency shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
B. Delegate Agency shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article.
C. Delegate Agency shall permit access by representatives of the Department of Fair Employment and Housing and the awarding State agency upon reasonable notice at any time during the normal business hours, but in no case with less than twenty-four (24) hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
D. Delegate Agency and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
E. Delegate Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
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2024-2025 CSPP Subcontract
14. COMMUNICATIONS
A. This Agreement is of no force or effect unless or until authorized signatures from the County Superintendent and the Delegate Agency appear on this document.
B. For any communication regarding this Agreement, please contact the San Mateo County Office of Education, 101 Twin Dolphin Drive, Redwood City, CA 94065-1064.
Telephone: (650) 802-5616.
15. SERVICE REQUIREMENTS AND REIMBURSEMENT
Delegate Agency by signing this Agreement, agrees to the following service requirements and levels of reimbursement based on the Standard Reimbursement Rate (SRR) with Adjustment Factors:
A. Minimum days of operation shall be: Full-day 246
B. Daily rate for attendance shall be: Full-day $ 73.87 C. Children with Exceptional Needs Set Aside: $110,270.66 D. Maximum reimbursable amount shall be: $ 443,133.85
City of Pacifica
Signature
Title
Date
Print Name
San Mateo County Superintendent of Schools
Signature
Title
Date
Print Name
2024-09-02 2024-09-04
Tracy Gilbert
Recreation Supervisor
2024-09-03
Kevin J. Bultema
Deputy Supt. Business
2024-09-04
Document Ref: CJUYJ-QUTHC-GMVGZ-RYFKT Page 6 of 6
Signature Certificate
Reference number: CJUYJ-QUTHC-GMVGZ-RYFKT
Document completed by all parties on:
04 Sep 2024 17:08:06 UTC
Signer Timestamp Signature
Tracy Gilbert
Email: [email protected]
Recipient Verification:
Sent: 30 Aug 2024 17:13:46 UTC
Viewed: 03 Sep 2024 21:29:11 UTC
Signed: 03 Sep 2024 21:30:46 UTC
✔Email verified 03 Sep 2024 21:29:11 UTC
IP address: 76.14.105.15
Location: South San Francisco, United States
Kevin Bultema
Email: [email protected]
Recipient Verification:
Sent: 30 Aug 2024 17:13:46 UTC
Viewed: 04 Sep 2024 17:07:01 UTC
Signed: 04 Sep 2024 17:08:06 UTC
✔Email verified 04 Sep 2024 17:07:01 UTC
IP address: 209.188.128.207
Location: Redwood City, United States
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