REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 24, 2026
FROM
ARLENE MOLINA, Director, Preschool Services Department
SUBJECT
Title
Non-Financial Contract with Community Action Partnership of San Bernardino County for Participation in the National Diaper Bank Program
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Contract with Community Action Partnership of San Bernardino County, including non-standard terms, for participation in the National Diaper Bank Program to receive and distribute diapers at no cost to families with children enrolled in the Early Head Start, Early Head Start - Child Care Partnership, Head Start, and State Preschool programs, for the period of October 1, 2025 through September 30, 2030.
(Presenter: Arlene Molina, Director, 383-2078)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
This item is non-financial in nature and, as such, does not impact Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
The Preschool Services Department (PSD) operates the Early Head Start, Early Head Start - Child Care Partnership, Head Start, and State Preschool programs, serving approximately 2,039 children through direct services in San Bernardino County (County). These programs provide education, health, cognitive, social/emotional, physical growth and development, and parent involvement services for children ages zero to five years with the overall goal of increasing family engagement and the school readiness of young children in economically disadvantaged families.
Community Action Partnership of San Bernardino County (CAPSBC) is an Eligible Recipient Agency (ERA) of the National Diaper Bank Program. ERA organizations collaborate with local programs within their communities to distribute diapers at no cost to low-income households with diaper-aged children. PSD and CAPSBC have been collaborating for the distribution of diapers to PSD-enrolled children since 2022. CAPSBC will continue to provide diapers monthly to PSD as the Sub-Recipient Agency to distribute diapers to PSD families. This program will serve approximately 650 diaper-aged PSD-enrolled children, and their siblings.
The Terms and Conditions of the Contract include terms that differ from the standard County contract. The non-standard terms include the following:
1. The County is required to indemnify, defend, and hold CAPSBC harmless for claims arising out of injuries or damages to third parties or property of third parties caused by the negligent acts or omissions of the County.
• The County standard contract does not include any indemnification or defense by the County of a Contractor.
• Potential Impact: By agreeing to indemnify CAPSBC, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against CAPSBC without such limitations, and the County would be responsible to defend and reimburse CAPSBC for costs, expenses, and damages.
2. The Contract does not require CAPSBC to meet the County’s insurance standards as required pursuant to County Policies, 11-05, 11-07 and 11-07SP.
• The County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and set forth in the County standard contract.
• Potential Impact: The Contract does not include County standard insurance requirements. This means that the County has no assurance that CAPSBC will be financially responsible for claims that may arise under the Contract, which could result in expenses to the County.
3. The Contract imposes insurance obligations on the County.
• The standard County contract does not include any insurance requirements for the County.
• Potential Impact: The County must be mindful of the insurance obligations and ensure that it maintains all the necessary insurance policies or programs of self-insurance required or risk being in breach of the contract terms.
PSD’s previous contract for participation in the National Diaper Bank Program, Contract No. 22-975, which was approved by the Board on October 4, 2022 (Item No. 29), expired on September 30, 2025. The recommended Contract is retroactive to October 1, 2025 to ensure there is no lapse in services from when Contract No. 22-975 expired as CAPSBC has continued to provide diapers during this time.
There was a delay in receiving the signed contract from CAPSBC resulting from a change in its leadership. PSD received the finalized contract from CAPSBC on March 6, 2026. This item is being presented at this time as this is the first available date following the required fiscal, administrative, and legal reviews. Approval at this time will not impact PSD’s services and activities.
PSD recommends approval of the Contract, including the nonstandard terms, to allow PSD to distribute diapers to benefit PSD families in the County who are in immediate need of these resources.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Human Services (Lisa Rivas-Ordaz, Contracts Manager, 388-0222) on February 5, 2026; County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on February 3, 2026; Risk Management (Stephanie Mead, Staff Analyst II, 386-9044) on February 9, 2026; and County Finance and Administration (Allegra Pajot, Administrative Analyst, 388-0218) on March 9, 2026.