REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 6, 2026
FROM
JANKI PATEL, Acting Director, Department of Public Health
SUBJECT
Title
Non-financial Memorandum of Understanding for a Donation of Diapers from Baby2Baby
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial Memorandum of Understanding with Baby2Baby, including non-standard terms, for a donation of diapers, for a period beginning upon execution and continuing until terminated by either party.
2. Accept a donation of diapers from Baby2Baby, valued at approximately $7,200, to support the Department of Public Health’s Maternal, Child and Adolescent Health Program in providing essential baby supplies to families in need.
(Presenter: Janki Patel, Acting Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Foster Sustainable Development Through Strategic Partnerships.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The donation of diapers is valued at approximately $7,200 and is funded by Baby2Baby at no cost to the County.
BACKGROUND INFORMATION
The Department of Public Health’s Maternal, Child and Adolescent Health (MCAH) Program provides support services to families throughout San Bernardino county. MCAH programs work with pregnant individuals, parents, and young children, offering health education, resources and assistance through Community Health Workers. The MCAH Program intends to serve approximately 480 families with this donation.
Baby2Baby, a California nonprofit organization, provides essential baby supplies to organizations nationwide that support families in need. Baby2Baby has offered a donation of diapers valued at approximately $7,200 to support families served by MCAH. The diapers will be provided to eligible families participating in MCAH programs and will help meet essential hygiene needs at no cost to the County.
This donation was not approved under County Policy 06-01SP due to Baby2Baby requiring a signed Memorandum of Understanding (MOU). The recommended MOU with Baby2Baby includes terms which deviate from the County standard contract as follows:
1. The County is required to indemnify Baby2Baby and its board members, officers, employees, and agents for any liability arising out of the donated goods.
• The County's standard contract does not contractually require the County to indemnify another entity under any circumstance.
• Potential Impact: By agreeing to indemnify Baby2Baby, 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 Baby2Baby without such limitations and the County would be responsible to defend and reimburse Baby2Baby for costs, expenses, and damages.
2. Baby2Baby provides the goods “AS IS” and disclaims all warranties of any kind.
• There is no warranty requirement in the agreement with Baby2Baby. The standard contract requires its vendors and service providers to fully warrant the products and services they provide to the County.
• Potential Impact: The County’s use of the products is solely at its own risk.
3. The MOU does not require Baby2Baby to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• 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 Baby2Baby will be financially responsible for claims that may arise.
4. All disputes arising under the MOU must be settled by binding arbitration.
• The County standard contract does not require arbitration.
• Potential Impact: Binding arbitration decisions are not appealable. In addition, disputes that might otherwise be settled in small claims court would incur arbitration costs that could exceed the costs of a small claims action.
DPH recommends acceptance of the donation of diapers and approval of the non-financial MOU, including the non-standard terms, to allow MCAH to distribute diapers directly to families in need throughout San Bernardino county.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on September 2, 2026; Risk Management (Arrissia Beaven, Staff Analyst II, 386-9030) on September 9, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on August 28, 2026.