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”) (collectively, “Parties”).
2. TERM
This Agreement will be effective July 1, 2026 through June 30, 2027.
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 ensure 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 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 on behalf of the Delegate Agency. 2026-2027 CSPP Subcontract
6. Submit Equipment Purchase Approval Request (EPAR) and/or Subcontract Approval Request on behalf of the Delegate Agency for approval, provided that the Delegate Agency has completed and submitted all required bids, supporting documentation, and forms as specified in the Funding Terms and Conditions (FT&C).
7. Provide NoHo Care and DRDP Online™ Databases for Delegate Agency use to electronic transmission of program documentation of eligibility, attendance, and back-up documentation.
8. Send all required subcontractor information to California Department of Education regarding program compliance and other requested information.
9. 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.
10. Ensure that a Release and Exchange of Information between Delegate Agency and the San Mateo County Office of Education (“SMCOE”) is signed allowing 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 Delegate Agency fails to submit required reports including the audit report, or the Delegate Agency fails to conduct its operations in accordance with Title 22 of the 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 as otherwise directed by CDE in its Management Bulletin in the current year:
1. The Maximum Reimbursable Amount (MRA) or contract amount
2. The Net Reimbursable Cost for subsidized children
3. The Service Earnings (Adjusted Daily Rate x Total Days of Enrollment including adjustement factors)
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 fiveyears-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 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. Delegate Agency elect to serve two-year-olds 2026-2027 CSPP Subcontract
must follow all applicable requirements. Any changes to these agreement amounts are requested in advance of services being approved and implemented.
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 to 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 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 should be made to the service level unless it is approved by the County Superintendent.
8. Submit CDNFS 8501 or 8501MCHS and the SMCOE Claim reports 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, 2026 October 9, 2026
October 1-December 31, 2026 January 8, 2027
January 1-March 31, 2027 April 9, 2027
April 1-June 30, 2027 July 9, 2027
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 claims for reimbursement under this Agreement or any subsequent agreement to the extent of claimed reimbursements.
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. Participate in activities of the California Department of Education Federal Program Monitoring and Annual Agency goals.
14. Submit an annual budget, calendar and program assurances with Delegate Agency’s signed Agreement.
15. Implement program assurances as outlined in the addendum of this Agreement. 2026-2027 CSPP Subcontract
B. San Mateo County Office of Education 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. The Delegate Agency shall complete and submit all bids, supporting documentation, and forms required under the Equipment Purchase Approval Request (EPAR) and Subcontract Approval Request requirements set forth in the Funding Terms and Conditions (FT&C) for any proposed equipment purchase or subcontract above the threahold that requires prior approval. The Delegate Agency shall provide all required documentation in a timely manner to enable SMCOE to submit the required approval requests to the California Department of Education (CDE).
The Delegate Agency acknowledges and agrees that reimbursement for equipment purchases and subcontracts exceeding the approval threshold established by the CDE shall be allowable only for costs incurred on or after the effective date of the CDE's written approval, unless otherwise authorized by the CDE. Any costs incurred prior to the CDE approval date shall be the sole responsibility of the Delegate Agency and shall not be eligible for reimbursement under this Agreement.
A written inventory record for all items of $500 or over in value must be kept by the Delegate Agency.
E. Any alterations or 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
Delegate Agency shall indemnify and hold harmless the County Superintendent, SMCOE, its officers, agents, and employees from all claims, suits or actions of every name, kind, or description brought for or on account of injuries to or death of any person or damage to property resulting from performance of any work required under this Agreement by the Delegate Agency, its officers, agents, employees and/or servants. The duty of 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; provided, however, that nothing herein shall be construed to require Delegate Agency to indemnify the County Superintendent, SMCOE, its officers, agents, and employees against any responsibility or liability in contravention of Section 2782 of the Civil Code.
2026-2027 CSPP Subcontract
8. INSURANCE
Delegate Agency shall procure and maintain for the duration of this contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Delegate Agency, its agents, representatives, employees or subcontractors. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
☒ Comprehensive General Liability…………. $2,000,000
☒ Motor Vehicle Liability Insurance…………. $2,000,000
☐ Professional Liability……….………………. $2,000,000
Delegate Agency shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Delegate Agency certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
The County Superintendent, SMCOE, and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to the County Superintendent, SMCOE, and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County Superintendent, SMCOE. or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County Superintendent may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
9. INDEPENDENT CONTRACTOR
The Delegate Agency and its agents and employees, in the performance of this contract, are acting in an independent capacity and not as officers, employees or agents of the State of California, the County Superintendent, or the County Board of Education.
10. ASSIGNABILITY
This Agreement may not be assigned in whole or in part without prior written consent of the County Superintendent.
11. FINAL AGREEMENT
2026-2027 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 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 canceled as of the date funding is terminated.
C. If the Agreement is canceled, 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 cancellation.
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 contract, the Delegate Agency and its subcontractors shall not deny the contract’s benefits to any person on the basis of religion, race, color, ethnic group identification, national origin, ancestry, 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, 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 less than twenty-four (24) hour 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 the contract. 2026-2027 CSPP Subcontract
14. COMMUNICATIONS
This Agreement is effective only upon signature by authorized representatives of both parties. For communications, contact:
SMCOE Designee: State Preschool Manager
Address: San Mateo County Office of Education, 101 Twin Dolphin Drive, Redwood City, CA 94065-1064.
Phone: (650) 802-5616
15. SERVICE REQUIREMENTS AND REIMBURSEMENT
By signing this Agreement, Delegate Agency 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 247
B. Daily rate for attendance shall be: Full-day $ 73.87 C. Children with Exceptional Needs Set Aside: $ 114,146 D. Maximum reimbursable amount shall be: $ 464,285
City of Pacifica
Signature
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San Mateo County Superintendent of Schools
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