Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 /EARLY HEAD START SUB-AWARD AGREEEMENT This AGREEMENT, effective September 1, 2017, by and between Riverside County Superintendent of Schools, hereinafter referred to as the “GRANTEE” and the Hemet Unified School District hereinafter referred to as the "SUB-RECIPIENT." Recitals I. Riverside County Superintendent of Schools is a Head Start and Early Head Start GRANTEE agency funded by the U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF) pursuant to the authority of the Head Start Act, 42 U.S.C. Section 9801, et. seq., as amended and is charged with the basic statutory and regulatory responsibilities of a GRANTEE. Riverside County Superintendent of Schools desires to subcontract to the SUB-RECIPIENT the Head Start Program operation as specified herein. II. Hemet Unified School District is by virtue of this AGREEMENT a SUB-RECIPIENT of Riverside County Superintendent of Schools under the Head Start Act of 2007, and desires to operate a Head Start Program strictly in accordance with said statute, all applicable Federal, State and local laws and administrative regulations and requirements, applicable policies and procedures of GRANTEE, and this AGREEMENT. Agreements 1. Term The term of this AGREEMENT shall begin September 1, 2017, and shall end August 31, 2018. No funds identified in this AGREEMENT shall, without advance written approval of GRANTEE, be obligated before the beginning of the term or after the ending of the term. 2. Purpose of This AGREEMENT The provisions of 45 CFR Part 1303.31(b) require that delegation of program operations under a Head Start grant be formalized by written agreement between the GRANTEE and SUB-RECIPIENT and that such delegation be approved by the responsible HHS official. Consistent with the Head Start Act of 2007, Section 637(3); 45 CFR Parts 75.210 and 75.333 and Appendix II thereto , this written agreement shall contain specific information and requirements for the SUB-RECIPIENT program’s operation to ensure comprehensive services are provided to all families in the program. This AGREEMENT also contains specific terms and conditions which are required in the Head Start Performance Standards, 45 CFR Part 1301 through 1305, as well as 45 CFR Part 75.352. 3. Applicable Regulations Incorporated Herein By Reference SUB-RECIPIENT hereby certifies that they have copies of the following applicable regulations and other documents and will abide by the provisions thereof: (a) 45 CFR Part 1301 - 1305 - Head Start Program Performance Standards (b) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards (c) 45 CFR Part 75 – “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.”

Page 1 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (d) Head Start Act, as amended December 12, 2007. (e) SUB-RECIPIENT Agency Appeal Process with Time Lines (f) Early Childhood Learning and Knowledge Center (ECLKC): http://eclkc.ohs.acf.hhs.gov (g) Any and all other Federal, State and Local government policies and procedures affecting the Head Start program and its operation; i.e., Davis-Bacon Act, Community Care Licensing (CCL) regulations, Child and Adult Care Food Program (CACFP), etc. 4. Agreement Contents This AGREEMENT includes, but is not limited to, the following documents; each of which is attached hereto and incorporated by reference herein and made a part hereof: (a) This AGREEMENT (b) Exhibit A – Funding/Services (c) Exhibit B - Assurances and Certifications (d) Exhibit C - Insurance Requirements (e) Exhibit D - Lobbying Certification/Disclosure of Lobbying Activities (f) Exhibit E – Report Schedule (g) Exhibit F – Monitoring Policies and Procedures (h) Exhibit G – SUB-RECIPIENT Appeal Procedures SUB-RECIPIENT shall thoroughly examine the documents and exhibits set forth above. The failure or omission of SUB-RECIPIENT to examine the above documents and exhibits or the terms and conditions of this AGREEMENT shall in no way relieve SUB-RECIPIENT of its obligations with respect to this AGREEMENT. 5. Program Operations SUB-RECIPIENT by the GRANTEE Hereunder SUB-RECIPIENT shall, in a satisfactory and proper manner, as reasonably determined by GRANTEE, perform the work set forth in the Program Area Plans, consistent with GRANTEE's proposed program plans and Grantee wide School Readiness and related program goals as contained in the Head Start application, in conformance with the approved GRANTEE budget and SUB-RECIPIENT's Budget and Cost Allocation Plan, and in accordance with all applicable Federal, State, and local laws and regulations, and GRANTEE policies and procedures. Exhibit A, Funding/Services, denotes amounts for basic and T&TA funding, non-federal match, child days of operation, and number of children to be served. 6. AGREEMENT Amount The total funds being allocated to SUB-RECIPIENT for full and satisfactory performance of this AGREEMENT shall not exceed Basic Funding of $1,232,443.00, T&TA Funding of $5,060.00, and a 1% COLA of $10,302.00, and shall not exceed a total amount of $1,247,805.00. 7. Minimum Number of Children to be served by SUB-RECIPIENT GRANTEE has allocated the number of funded slots as specified in Exhibit A to SUB-RECIPIENT for the term of this AGREEMENT. This number of funded slots represents full enrollment and establishes the number of Head Start children that SUB-RECIPIENT is required to serve pursuant to this AGREEMENT. If SUB- RECIPIENT requests to change the number of site slots or deviates in any manner from enrollment in Exhibit A,

Page 2 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 SUB-RECIPIENT shall obtain the prior written approval of GRANTEE at least thirty (45) calendar days prior to the date the change is to be effective. The provisions regarding enrollment and attendance in Head Start, as defined in the Head Start Act of 2007, Head Start Program Performance Standards, and other regulations are incorporated herein by reference and shall be implemented and maintained by SUB-RECIPIENT during the period of this AGREEMENT. Full enrollment must be obtained by SUB-RECIPIENT within the first thirty (30) calendar days of the program start date. If this does not occur, enrollment slots or funding for slots not filled may be reduced temporarily or permanently. In no event shall any double session of predominately four year olds exceed seventeen (17) children: a double session of 3 year olds exceed fifteen (15) children. In no event shall any single session exceed twenty (20) children for majority four year olds or exceed seventeen (17) for majority three year olds. In no event shall any home-based class exceed twelve (12) families. Under no circumstances shall SUB-RECIPIENT practice over-enrollment in any classroom in which actual attendance exceeds the preferred child-adult ratios and class size or the capacity as identified in the CCLD license. 8. Head Start Act of 2007 Requirements for Enrollment of Children with Disabilities No less than ten percent (10%) of the actual enrollment of the SUB-RECIPIENT shall be filled by children with disabilities in accordance with Federal regulations. Only children who have current IEP/IFSPs are counted for this requirement. 9. Approved Child-Adult Ratio/Staffing SUB-RECIPIENT shall recruit, select, and employ the number of classroom teachers and aides to address the requirements of the Code of Regulations, Title 22, and Head Start Performance Standards, 45 CFR Part 1302.90, Human Resources Management, as well as GRANTEE policy; if applicable. 10. Location of Center(s) The name and location of each of the Head Start classes and/or centers, support facilities and Head Start-funded locations are identified in Exhibit A. All facilities and/or changes of existing facilities shall be approved by GRANTEE in writing a minimum of thirty (30) work days in advance of any contractual obligation and occupancy by SUB-RECIPIENT. All Head Start facilities operated by SUB-RECIPIENT shall comply with the provision of 45 CFR Part 1303.52(c), and Title 22. No class shall be operated in a facility which does not comply with such provisions or which has otherwise been found to be out of compliance by GRANTEE. Prior to the commencement of any class, SUB-RECIPIENT shall provide the GRANTEE with a copy of a current license from California Department of Social Services. If, at any time during the term of this AGREEMENT, SUB- RECIPIENT has any such clearance or certificate revoked, suspended or modified, or if SUB-RECIPIENT in any other manner loses the clearance, certificate and/or license, SUB-RECIPIENT shall give immediate written notice to GRANTEE. In such an event, GRANTEE may, in its sole discretion, order corrective action or suspend or terminate this AGREEMENT. Head Start funds shall not be allocated or paid to SUB-RECIPIENT for operation of a Head Start Program in a facility which is not covered by the aforementioned clearances, certificates and/or licenses (Title 22 45 CFR Part 1303.52(c)).

Page 3 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 11. Hours of Operation and Length of Operating Year The hours of operation for each class/center are identified in Exhibit A. If SUB-RECIPIENT desires to change the hours of operation from the hours previously approved, SUB-RECIPIENT shall obtain the prior written approval of GRANTEE at least thirty (30) work days prior to the date the requested change is to be effective. The length of the operating year is identified in the application. If SUB-RECIPIENT changes the length of the operating year, or deviates in any manner from the approved calendar, SUB-RECIPIENT shall obtain the prior written approval of GRANTEE at least thirty (30) work days prior to the date the requested change is to be effective. Failure to obtain the advance written approval of GRANTEE shall be deemed a breach of this AGREEMENT and may result in suspension of SUB-RECIPIENT's program, suspension of payment to SUB- RECIPIENT, a disallowance of claims, or termination of this AGREEMENT. If there is an emergency closure at any SUB-RECIPIENT facility, the GRANTEE will be notified within 24 hours or sooner. 12. Program Options Conducted by SUB-RECIPIENT Program options as specified in Exhibit A are approved by GRANTEE for operation by SUB-RECIPIENT during the period of this AGREEMENT. Program options shall not be changed or modified without the prior written approval of GRANTEE at least thirty (30) work days prior to the date the requested change is to be effective. 13. Federal Share As specified in 45 CFR Part 1303.4, Federal financial assistance granted under the Head Start Program shall not exceed eighty percent (80%) of the total cost of the program. GRANTEE shall allocate funds as specified to SUB-RECIPIENT for full and satisfactory performance of the program to be performed under this AGREEMENT, consistent with the service proportions as specified herein. The stated amount shall not be increased or decreased without the prior written approval of GRANTEE, and any approved revised allocation shall be identified by an approved budget modification. By April 1, the SUB-RECIPIENT will provide the GRANTEE with written notice of any current program funds that it does not expect to be obligated by August 31 of the contract year. 14. Local Share SUB-RECIPIENT shall contribute the amount specified in Exhibit A as the local contribution to the Head Start Program as specified herein. If the Federal share of the program cost is increased or decreased, the local contribution shall be adjusted accordingly and Exhibit A shall be revised to reflect the changes. If the local share is not met, the Federal share will be decreased accordingly. The factors affecting the allowability of matching expenditures (whether cash or in-kind) are the same as for Federal expenditures in that the costs must be allowable, necessary, reasonable, and allocable for the accomplishment of the project objectives under the cost principles (45 CFR Part 75). The valuation of local contributions and accounting therefore shall conform to the provisions of 45 CFR Part 75.306. The non-Federal share shall not be required to exceed twenty percent (20%) of the total cost of the program as specified in 45 CFR Part 1303.4. The monthly non-federal share must be reported in the reimbursement report due on the 10th of the second month. For example, the non-federal share for the month of March is due to be reported no later than in the reimbursement report for April due by May 10th.

Page 4 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Non-Federal share reports must be submitted with the monthly reimbursement requests (Exhibit E). 15. Reporting Requirements Financial and program reports that must be submitted by SUB-RECIPIENT and the frequency of submission of such reports are specified in Exhibit E attached hereto and made a part hereof. Other periodic reports may be required by GRANTEE from time to time. These reports shall be submitted in accordance with instructions provided by GRANTEE. All reports shall be submitted in the form and manner directed by GRANTEE. 16. Delinquent Report Submission SUB-RECIPIENT shall submit the financial and program reports as specified in Exhibit E by the time line specified therein. If SUB-RECIPIENT fails to comply with reporting requirements, GRANTEE may order corrective action including, but not limited to, suspension of payments and/or performance, disallowance of claims and/or termination of this AGREEMENT. 17. Evidence of Nonprofit Status If SUB-RECIPIENT is not a public agency as defined by applicable law, SUB-RECIPIENT shall submit proof of continuing nonprofit status to GRANTEE. Evidence of nonprofit status, in accordance with GRANTEE's prequalification requirements, shall be on file with GRANTEE prior to execution of this AGREEMENT. 18. Hold Harmless The parties hereto, and each of them, do hereby mutually agree to indemnify, defend, save and hold harmless each other, and their respective officers, agents, servants and employees, of and from any and all liability, claims demands, debts, suits, actions and causes of action, including wrongful death and reasonable attorneys fees for the defense thereof, arising out of or in any manner connected with the performance of any act or deed under or pursuant to the terms and provisions of this Agreement by such indemnifying party, or its officers, agents, servants and employees 19. Insurance During the term of this AGREEMENT, the GRANTEE shall maintain accident insurance coverage for all enrolled Head Start/Early Head Start children. The SUB-RECIPIENT shall maintain all other insurance coverage in conformance with the provisions of Exhibit C. If the SUB-RECIPIENT is a local government agency, then the SUB-RECIPIENT may self-insure or at its sole cost and expense obtain and maintain a policy to meet the coverage requirements of Exhibit C. A certificate or certificates of insurance evidencing SUB-RECIPIENT's insurance coverage and naming Superintendent as an additional insured shall be delivered to the Superintendent concurrent with this agreement upon execution. 20. Standards for SUB-RECIPIENT Agency Financial Management Systems SUB-RECIPIENT shall establish such fiscal controls and fund accounting procedures as required by OHS and GRANTEE and shall meet the requirements of 45 CFR Part 75 – Sub Part D – Standards for Finance and Program Management in its financial management systems specifically including, but not by way of limitation, the following standards: (a) Financial Reporting

Page 5 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Accurate, current, timely, and complete disclosure of the financial results of the Head Start Program shall be made in accordance with the provisions of this AGREEMENT. Reports to be submitted by SUB-RECIPIENT to GRANTEE are specified in Exhibit E. GRANTEE may require SUB- RECIPIENT to submit additional reports. Financial reporting shall be maintained in such a manner as will minimize audit exceptions. (b) Separate Accounting SUB-RECIPIENT shall keep a separate accounting for the funds provided under this AGREEMENT, and no part of any funds advanced shall be commingled with other funds of SUB-RECIPIENT. Private Non Profit agencies shall establish and maintain a separate interest bearing bank account for the deposit of all funds pursuant to this agreement. All advances shall be deposited in an FDIC bank account and any balance exceeding the FDIC coverage must be collaterally secured. GRANTEE shall have a lien upon all funds in said account which shall be paramount to all other liens, including, but not limited to, liens of other governmental agencies or by the direction of a trustee in bankruptcy. (c) Accounting Records Accounting records shall identify adequately the source and application of funds for Head Start supported and related activities including State Preschool, and other related programs. These records shall contain information detailing fund allocation, authorizations, obligations, unobligated balances, assets, liabilities, income and expenditures. Accounting records shall be kept in accordance with accepted accounting practices to minimize audit exceptions. (d) Internal Control The internal control system should provide for good oversight in reporting, separation of duties and good record keeping. Effective control and accountability shall be maintained for all Head Start funds, real and personal property as defined in 45 CFR Part 75 and other assets. SUB-RECIPIENT shall adequately safeguard all such property and shall assure that it is used solely for authorized purposes. Interfund transfers are not allowable with Head Start/Early Head Start and any other funding source. (e) Budgetary Control SUB-RECIPIENT shall be responsible for the budgeting and expenditure of Head Start funds in conformance with sound financial management standards, GRANTEE approval, and applicable regulations related to Head Start funds. (f) Allowable Costs SUB-RECIPIENT has been furnished a copy of 45 CFR Part 75 including Cost Principles and appropriate appendices. SUB-RECIPIENT is responsible for establishing and maintaining written procedures for determining the allowability, necessity, reasonableness, and allowability of costs in accordance with those principles. SUB-RECIPIENT shall only expend Head Start funds consistent with the purposes identified in the approved Budget and Cost Allocation Plan and shall not transfer funds except as provided herein. Head Start funds shall not be obligated by SUB-RECIPIENT prior to, or after, the term of this AGREEMENT.

Page 6 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (g) Documentation of Costs All costs shall be supported by proper documentation reflecting the procedures and provide an audit trail from the point in time where a purchase is requested to the issuance of the check for payment. Executed payrolls, time records, invoices, contracts, vouchers or other official documentation evidencing in proper detail the nature and propriety of the charge, pertaining in whole or in part to this AGREEMENT, shall be clearly identified and readily accessible. (h) Income Generation SUB-RECIPIENT shall timely report to GRANTEE the source and amount of any income generated as a result of services and/or activities funded under this AGREEMENT and shall abide by GRANTEE directives regarding the use of such income. SUB-RECIPIENT shall not expend AGREEMENT-related income unless or until authorized, in writing, by GRANTEE. (i) Claim Funds Approved claims shall be paid only from funds granted to GRANTEE by Administration of Children and Families (ACF) pursuant to the Head Start program, and SUB-RECIPIENT hereby waives any claim it may have against any other funds of GRANTEE. This AGREEMENT is valid and enforceable only if sufficient funds are made available to GRANTEE by ACF for the purpose of conducting the program identified in this AGREEMENT. 21. Audit and Monitoring SUB-RECIPIENT shall comply with the audit requirements of 45 CFR Part 75, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards”. SUB-RECIPIENT is responsible for procurement of an annual audit of funds provided by GRANTEE under this AGREEMENT. All agreements entered into by SUB-RECIPIENT with audit firms for purposes of conducting independent audits under this AGREEMENT shall contain a clause permitting GRANTEE and ACF, or their designees, access to the working papers of said audit firm(s). The cost of the final audit may be paid from a portion of the funds provided by this AGREEMENT. Said audit shall be conducted in accordance with generally accepted accounting principles, generally accepted auditing standards, and GRANTEE requirements. Audited financial statements shall be prepared in accordance with generally accepted accounting principles generally accepted in the United States of America; those audit standards contained in Generally Accepted Government Auditing Standards as they apply to financial and compliance audits, and any other applicable State and Federal guidelines. The report shall show receipt and expenditure of the funds provided under this AGREEMENT. SUB-RECIPIENT shall provide GRANTEE two (2) copies of the audit report no later than six (6) months after the end of SUB-RECIPIENT's fiscal year. Said report shall be sent electronically to [email protected] or by mail to:

Riverside County Superintendent of Schools 3939 Thirteenth Street/P. O. Box 868 Riverside, CA 92502 Attn: Head Start/Early Head Start Director

Page 7 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Additionally, the Office of the Inspector General, the Comptroller General, the Federal Government, and GRANTEE, or their individual designees, shall have the right to monitor and audit SUB-RECIPIENT and all subcontractors providing services under this AGREEMENT through on-site inspections and audits and other applicable means the Federal Government or GRANTEE determine necessary. Said designee may be an independent auditor. Such monitoring and audits shall be conducted at the discretion of any one of the above- identified entities according to all applicable laws and regulations. SUB-RECIPIENT agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions occurring as a result of its performance of this AGREEMENT. SUB-RECIPIENT also agrees to pay GRANTEE within thirty (30) work days of demand by GRANTEE the full amount of GRANTEE's liability, if any, to the applicable funding agency resulting from any audit exceptions relating to SUB-RECIPIENT's performance under this AGREEMENT. The SUB-RECIPIENT does not have appeal rights for audit findings. SUB-RECIPIENT must share all GRANTEE monitoring reports and official OHS correspondence and program memorandums with the Policy Committee and School Board on a monthly basis. 22. Travel Expenses If SUB-RECIPIENT is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in the government of which the SUB-RECIPIENT is a part. If SUB-RECIPIENT is a non- public agency, expenses charged for travel shall not exceed those which would be allowed under the rules governing official travel by the GRANTEE and/or IRS regulations for mileage or per diem. 23. Special Grant or Subcontract Conditions In accordance with the provisions of 45 CFR Part 75, GRANTEE may impose special conditions more restrictive than those prescribed in Part 75 if the GRANTEE has determined that the SUB-RECIPIENT: (a) Is financially unstable; (b) Has a history of unsatisfactory performance; or has been designated deficient or, (c) Has a management system which does not meet the standards of 45 CFR Part 75 (d) Has not conformed to the terms and conditions of a previous award; or (e) Meets any of the Designated Renewal System (DRS) criteria, or (f) Is otherwise not responsible. If SUB-RECIPIENT is considered to be deficient, special conditions shall be included in the award that corresponds to the deficiency designation. Special conditions, as authorized in 45 CFR Part 75.352(a)(3), may include but are not limited to: (a) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period; (b) Requiring additional, more detailed, financial reports; (c) Additional project monitoring; (d) Requiring SUB-RECIPIENT to obtain technical or management assistance; (e) Establishing additional prior approvals; or (f) Reduction of slots

Page 8 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 If any special conditions are imposed by GRANTEE, SUB-RECIPIENT shall be notified in writing of the special conditions, why the special conditions were imposed, what corrective actions must be implemented by SUB-RECIPIENT with regard to the special conditions and the method, if any, for requesting reconsideration of the special conditions. 24. Record Retention SUB-RECIPIENT shall retain all financial and programmatic records, supporting documents, statistical records and other records of contractors and subcontractors for a minimum of three (3) years from the date of submission of the final expenditure report to GRANTEE as specified in 45 CFR, Part 75.361 through 365 subject to the following qualifications: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When SUB-RECIPIENT is notified in writing by the HHS awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must e retained for 3 years after final disposition. (d) When records are transferred to or maintained by the HHS awarding agency or the GRANTEE, the 3- year retention requirement is not applicable to SUB-RECIPIENT. (e) Records for program income transactions after the period of performance. In some cases, SUB- RECIPIENT must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the SUB-RECIPIENT’s fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocation plans. Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 25. Access to Records In accordance with the provisions of 45 CFR Part 775.364, the GRANTEE, the HHS, the Comptroller General of the United States, or any of their duly authorized representatives, including independent and internal auditors, shall, until the expiration of three (3) years after final payment under this AGREEMENT or longer as may be required by applicable law or this AGREEMENT, have access to and the right to observe, monitor, evaluate and examine SUB-RECIPIENT's program operation and its offices and facilities and the right to examine and copy any books, documents, papers and records of SUB-RECIPIENT, or a contractor of SUB-RECIPIENT. Such access shall be granted by SUB-RECIPIENT, and any contractor employed by SUB-RECIPIENT, at any reasonable time or during normal business hours. The rights of access identified in this paragraph shall not be limited to the required retention period but shall last as long as the records are retained. In the event the records pertaining to the AGREEMENT are maintained outside Riverside County, California, SUB-RECIPIENT shall,

Page 9 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 at its sole cost, make said records available at GRANTEE's principle place of business within five (5) working days after receipt of written notice from GRANTEE. 26. Restrictions on Public Access In accordance with the provisions of 45 CFR Part 75.365, if SUB-RECIPIENT is a non-profit organization, SUB-RECIPIENT shall not impose terms which limit public access to records covered by 45 CFR Part 75.365, except after a determination by GRANTEE that records must be kept confidential and would have been excepted from disclosure under HHS's "Freedom of Information" regulation if the records had belonged to HHS. SUB-RECIPIENT is required to permit public access to records consistent with the provisions of its applicable local laws, the California Public Records Act, California Government Code Section 6250 et. seq., and the California Information Practices Act of 1977, California Civil Code, Section 1798, et. seq. 27. Full Program Review At its discretion, the GRANTEE may conduct a full program review on an annual basis. SUB-RECIPIENT is expected to appoint program staff to assessment teams, participate in assessment training, complete assessment reports and prepare plans to correct deficiencies that are or may be identified through the Full Program Review process within GRANTEE specified timelines. 28. Payments to SUB-RECIPIENT GRANTEE shall make payment under this AGREEMENT only after timely receipt of SUB-RECIPIENT’s Monthly Reimbursement Report and the GRANTEE shall make payment only for allowable, reasonable and necessary expenditures, which shall be consistent with the approved budget and cost allocation plan and in the format determined by GRANTEE. Such reports must be complete, accurate and reflect the financial activity of the period covered by the invoice. The SUB-RECIPIENTS may submit a written request for an advance equal to the current month’s unreimbursed expenditures and the anticipated expenditures for the next five (5) days. This request may be submitted no more than twice a month. Final budget amendments are due to GRANTEE by August 1 of the contract year. A budget revision is required for rebudgeting between categories that would exceed the lesser of $15,000 or 10% of the line item category. All allowable obligations incurred in the performance of this AGREEMENT must be reported to GRANTEE within thirty (30) calendar days following the termination of this AGREEMENT to be binding upon GRANTEE for reimbursement. All obligations must be liquidated within sixty (60) calendar days and reported to GRANTEE in SUB-RECIPIENT’s final reimbursement report due November 1. Failure to report such obligations, liquidations and/or debts shall be the sole liability of SUB-RECIPIENT. 29. Assignments/Security for Loan (a) No performance of any of SUB-RECIPIENT's obligations under this AGREEMENT may be transferred by subcontract, assignment, delegation, or novation without the prior express written consent of GRANTEE. Any attempt by SUB-RECIPIENT to assign, any performance of its obligations hereunder without the prior express written consent of GRANTEE shall be null and void and shall constitute a breach of this AGREEMENT. Whenever SUB-RECIPIENT is authorized to subcontract, SUB- RECIPIENT, or assign, it shall include all the terms of this AGREEMENT in each subcontract, Page 10 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 delegation, assignment or novation. Any subcontractor, SUB-RECIPIENT or assignee shall be subject to all applicable provisions of this AGREEMENT, and all applicable Federal, State, and local laws and regulations. Under no circumstances will the subcontractor be considered a SUB-RECIPIENT agency or subgrantee or have any appeal of rights of a SUB-RECIPIENT agency or sub grantee. SUB- RECIPIENT agrees to be held fully responsible to GRANTEE for the performance of any subcontractor, SUB-RECIPIENT, or assignee. (b) Without the prior express written consent of GRANTEE and ACF, this AGREEMENT may not be used as security for a loan and is not assignable by SUB-RECIPIENT either in whole or in part for such purposes. 30. Procurement Procurement activities of SUB-RECIPIENT conducted under this AGREEMENT shall comply with all applicable Federal and State procurement regulations, as well as other applicable Federal, State, and GRANTEE guidelines, procedures, and policies. SUB-RECIPIENT agrees to assume all responsibility for such SUB- RECIPIENT procurement activities and agrees to indemnify and hold GRANTEE harmless from any audit exceptions relative to a violation by SUB-RECIPIENT on any procurement requirement. (a) Contracts for Professional Services - Pursuant to the provisions of 45 CFR Part 74.459 – Cost Principles, costs of professional services rendered by members of a particular profession or persons who possess a special skill, who are not employees of SUB-RECIPIENT and who perform services on an intermittent or occasional basis, are allowable when reasonable in relation to the services rendered. (b) Equipment - Expenditures for equipment shall be approved by GRANTEE prior to the purchase of such equipment by SUB-RECIPIENT. If equipment is approved in the annual budget, no further approvals are required. If equipment is not included in the approved annual budget, SUB-RECIPIENT shall obtain written approval of GRANTEE prior to purchasing the equipment. If equipment is to be used for more than the Head Start Program, the cost shall be allocated based on an approved cost allocation plan. For the purpose of this AGREEMENT, equipment shall be defined as an item, the cost of which is $500.00 or more, which has a useful life of one (1) year or more. If SUB-RECIPIENT purchases vehicles in accordance with the Head Start Program, the pink slip shall identify Riverside County Superintendent of Schools, as registered legal owner. SUB-RECIPIENT must provide GRANTEE proof of insurance coverage and assurance that each individual operating the vehicle holds a valid drivers license and proof of insurance. (c) Alteration or Renovation of Facilities - Alteration and/or renovation of facilities is allowable under this AGREEMENT if such alteration and/or renovation has been included in the refunding application. If such approval was not granted in the annual refunding application, SUB-RECIPIENT shall obtain the prior written approval of GRANTEE for expenditures that exceed $5,000 and comply with 45 CFR Part 1303.40. Major renovation means any individual or collection renovation that has a cost equal to or exceeding $250,000. It excludes minor renovations and repairs except when they are included in a purchase application. Alteration and/or renovation of facilities is considered to be work required to

Page 11 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 change the interior arrangements or other physical characteristics of an existing facility or installed equipment so that it may be more effectively utilized for the Head Start Program. Alteration and/or renovation may include work referred to as improvements, conversion, rehabilitation, remodeling, or modernization. Costs incurred for the following types of alteration and/or renovation are allowable: * Changes to the physical characteristics of space, such as interior dimensions, surfaces, furnishings, and finishes; * Changes to the internal environment, such as modifications to the heating and ventilation systems; * Installation or modification of utility services in a structure otherwise suitable for occupancy of Head Start staff or students; * Modification of unfinished shell space to make it suitable for the Head Start Program operations. Such alteration and/or renovation costs may, with prior written approval of GRANTEE, be charged to the Head Start Program provided that: * The building structure has a useful life consistent with project purposes and is architecturally and structurally suitable for conversion to the type of space required; * The alteration and/or renovation is essential and no other suitable space is available within the area; * Where space is rented, SUB-RECIPIENT shall secure a lease for a minimum of fifteen (15) years, but no less than ten (10) unless the GRANTEE waives this requirement. * The costs incurred are consistent with the prior approval requirements, other provisions of the laws and regulations relating to the Head Start Program and HHS Grants Policy Statement. * If Head Start funds in excess of Fifteen Thousand Dollars ($15,000.00) are used for all or part of the alterations and/or renovations carried out hereunder, SUB-RECIPIENT shall require that the contract certify compliance with the Equal Employment Opportunity provisions of 11246. * A Notice of Federal Interest (NOFI) is created for facility purchases, purchase of land to place facilities, and major renovations of facilities using Federal funds. SUB-RECIPIENTs work with the GRANTEE for the appropriate recording and display of this notice on facilities. Alteration and/or renovation costs shall be limited to the costs of modifying existing space, utilities, and telephone services within a completed structure. Facility renovation records must be maintained for the life of the facility and until 3 years after disposition of the facility. A Notice of Federal Interest (NOFI) will be placed on the facility by the GRANTEE when cumulative renovation costs meet or exceed $250,000. SUB-RECIPIENT's contracts for alteration and/or renovation, as defined in this Section, shall meet the requirements of 45 CFR Part 75.334 – Bonding Requirements and 45 CFR Part 1303.52 – Insurance,

Page 12 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Bonding and Maintenance, with regard to bonding and insurance. Davis-Bacon Act and 45 CFR Part 1303.40 must be followed. (d) Wireless Network Access – SUB-RECIPIENT will grant wireless network access to GRANTEE staff designated to provide monitoring, direct support, and training/technical assistance to the SUB- RECIPIENT. 31. Procurement Standards In procuring supplies, equipment, and services (including construction) SUB-RECIPIENT shall abide by the regulations and standards of 45 CFR Part 75.327 through 75.335 and Appendix II, and all other applicable Federal, State, and local laws and regulations, including GRANTEE policies. Consistent with this regulation, SUB-RECIPIENT shall maintain written procedures to meet the following standards: (a) Code of Conduct SUB-RECIPIENT shall maintain a code or standard of conduct that governs the performance of its officers, employees or agents in the award and administration of contracts, and provides for appropriate disciplinary actions for noncompliance. The standards shall include, but not be limited to, prohibition against soliciting or accepting gratuities, favors or anything of monetary value from contractors or potential contractors. (b) Conflict of Interest No employee, officer or agent of SUB-RECIPIENT shall participate in the selection, award or administration of a contract if any of the following has a financial interest in the contract: * The employee or a member of his/her immediate family; * His/her partner; * An organization in which any of the above is an officer, agent or employee; or * A person or organization with which any of the above individuals has any arrangement concerning prospective employment or compensation. (c) Free Competition Procurement transactions shall be conducted in a manner to provide, to the maximum extent possible, full and open competition. SUB-RECIPIENT shall be alert to organizational conflicts of interest or noncompetitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. A contractor that develops or drafts specifications, requirements, a statement of work, an invitation for bids, or a request for proposals for a particular procurement by SUB-RECIPIENT shall be excluded from competing for that procurement, unless GRANTEE waives this requirement and secures the approval of the ACF Grant Officer to waive this requirement. Solicitations shall set forth all requirements that the bidder/offeror must fulfill in order for the bid/offer to be acceptable to SUB- RECIPIENT and be evaluated. SUB-RECIPIENT shall make awards to the most responsive and advantageous bidder/offeror after considering price and all other factors. Any or all bids may be rejected when it is in SUB-RECIPIENT's best interest to do so.

Page 13 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 32. Procurement Procedures SUB-RECIPIENT's procurement procedures shall be in accordance with 45 CFR Part 75.327 through 75.335 and Appendix II and all other applicable Federal, State, and local laws and regulations including GRANTEE policies and shall include the following: (a) Needs Assessment SUB-RECIPIENT shall assess supply, equipment and service needs to assure that unnecessary or duplicate items are not purchased. Prior to procurement, consideration shall be given to available resources within SUB-RECIPIENT's organization, donations from outside organizations and, where appropriate, lease and/or rental arrangements. Rental arrangements are subject to the requirements of 45 CFR Part 75.327 through 75.335 and Appendix II . The needs assessment shall be used to determine future program options. (b) Procurement Descriptions Solicitations for goods and services shall be based upon clear and accurate descriptions of the technical requirements for the material, product or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. "Brand name or equal" descriptions may be used as a means to define the performance or other requirements of procurement, and when so used, the specific features of the name brand which must be met by the bidder/offeror shall be clearly specified. (c) Use of Small and Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms Affirmative steps shall be taken by SUB-RECIPIENT to assure that small, minority and women's business enterprises and labor surplus area firms are utilized whenever possible as sources of supplies, equipment, construction, and services. (d) Selection of Contract Type The type of contract to be used to cover a particular procurement shall be determined by SUB- RECIPIENT. Contracts shall be made only with responsible contractors who possess the ability to perform successfully under the terms and conditions of the agreement. Consideration shall be given to contractor's integrity, record of past performance, financial and technical resources, or accessibility to necessary resources. (e) Sole Source Contracts - Prior Approval Required Any proposed sole source contract must meet the applicable requirements for noncompetitive or sole source contracting. In addition, any proposed sole source contract in which the aggregate expenditure is expected to exceed one hundred fifty thousand dollars ($150,000.00) shall be subject to prior by the GRANTEE and possible approval of the OHS Grants Officer. GRANTEE will notify SUB- RECIPIENT when OHS approval is required and obtained. Contracts in excess of the applicable dollar amount, where only one entity submitted a proposal pursuant to an RFP, shall be considered sole source contracts and shall require the appropriate approvals. Requests for such approval shall be forwarded to the GRANTEE in writing at least sixty (60) calendar days prior to the required contract date.

Page 14 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 GRANTEE may, in its sole discretion, reject the request or forward it to the ACF Grant Officer. (f) Price/Cost Analysis SUB-RECIPIENT shall make a price/cost analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold of $150,000. However, SUB-RECIPIENT must have available for GRANTEE review a rationale for all purchases for all procurement actions. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. Price analysis may be made by comparing price quotations, market prices, etc. Cost analysis is the review and evaluation of costs to determine reasonableness, allowability and allocability. (g) Records and Files SUB-RECIPIENT shall maintain procurement records and files for a minimum of three program years which shall include at least the following: * Documentation of procurement solicitation and responses; * Basis for contractor selection; * Justification for lack of competition when competitive bids or offers are not obtained; * Documentation of the basis for the award cost or price; and, * ACF and GRANTEE written approval, if required. Records may be required to be retained for more than the three year limitation based on Section 24, Record Retention. Records for real property and equipment must be retained for 3 years after final disposition. (h) Contract Monitoring System SUB-RECIPIENT shall establish and maintain a system for internal contract monitoring to ensure contractor conformance with terms, conditions, and specifications of the contract. (i) Contract Provisions All contracts of SUB-RECIPIENT shall include provisions as may be required by 45 CFR Part 75.335 and Appendix II and other applicable Federal, State and local laws and administrative regulations, including GRANTEE policies. (j) Copeland and Davis-Bacon Act Contracts in excess of two thousand dollars ($2,000.00) for construction or repair shall include a provision for compliance with the Copeland Act (18 USC 874 and 40 USC 276c), as supplemented by Department of Labor regulations (29 CFR Part 3) and the Davis-Bacon Act (40 CFR 276a to a-7). All suspected or reported violations shall be reported to GRANTEE by SUB-RECIPIENT. (k) Conflict of Interest (i) An officer, director, executive, or employee of SUB-RECIPIENT shall not solicit or accept money or any other consideration from a third person for the performance of an act reimbursed in whole or in part by GRANTEE or SUB-RECIPIENT. The SUB-RECIPIENT may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Supplies, materials, equipment or services purchased with funds provided under this AGREEMENT

Page 15 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 shall be used solely for purposes allowed under this AGREEMENT. (ii) SUB-RECIPIENT shall avoid organizational conflict of interest, and its officers, directors, executives, and employees shall avoid financial and personal conflict of interest, potential for conflict of interest, and appearance of conflict of interest in the performance of this AGREEMENT, in awarding financial assistance and in the conduct of procurement activities involving funds provided under this AGREEMENT. (iii) SUB-RECIPIENT shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in private gain, or gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other ties. To the extent permitted by the State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards. (iv) SUB-RECIPIENT shall abide by all applicable Federal and State laws and regulations and GRANTEE policies regarding conflict of interest. 33. Property Title to all property acquired by SUB-RECIPIENT, in whole or in part, under contracts for the operation of Head Start Program shall vest in GRANTEE, subject to all applicable laws and regulations. Said property shall be subject to all rules, procedures, and restrictions as set forth in all applicable Federal, State, and local laws and administrative regulations, specifically including 45 CFR Part 75.318 and 75.327 . Any other provision of this AGREEMENT notwithstanding, SUB-RECIPIENT shall not make any improvement to real property in the amount of $5,000.00 or more without advance written approval of GRANTEE. Property and equipment purchased in whole or in part with federal funds does not lose its federal identity. SUB- RECIPIENT agencies shall request disposal instructions from GRANTEE on any property or equipment that has a fair market value of $5,000 or more that is no longer used or needed by the agency’s Head Start or Early Head Start program. The SUB-RECIPIENT shall request disposal instructions from the GRANTEE on any vehicle disposition regardless of fair market value. 34. Title to Relocatable Buildings Title to relocatable buildings purchased with Head Start funds for use in the Head Start Program vests in GRANTEE. Without prior written authorization from GRANTEE, no Head Start relocatable building shall be used for purposes other than the Head Start Program. All Head Start buildings shall be identified at the main entrance by a sign to be provided by GRANTEE and affixed by SUB-RECIPIENT. The Notice of Federal Interest must be conspicuously posted on the exterior and interior of the modular unit in compliance with 45 CFR Part 1303.47(c). 35. Copyrights In accordance with 45 CFR Part 75.322should the performance of this AGREEMENT result in a book or other copyrightable material, the author is free to copyright the work, but the GRANTEE and HHS reserve royalty- free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use

Page 16 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 all copyrighted material and all material which can be copyrighted for government purposes. SUB-RECIPIENT shall provide GRANTEE with immediate written notice of such copyrights. 36. Patents Any discovery or invention arising out of or developed in the course of work aided by this AGREEMENT is subject to government regulations issued by the Department of Commerce in 37 CFR, Part 401. Any such discovery or invention shall be properly, fully, and immediately reported in writing to GRANTEE for determination by GRANTEE and ACF/HHS as to whether the patent protection on such invention or discovery should be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public interest. 37. License for Use Any other provision of this AGREEMENT notwithstanding, SUB-RECIPIENT agrees to and does hereby grant to GRANTEE and the Federal Government a royalty-free, nonexclusive and irrevocable license throughout the world, for government purposes, to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all data, including reports, patents, copyrights, drawings, blueprints, and technical information resulting from the performance of the work under this AGREEMENT. 38. Right to Reuse If, under the provisions of this AGREEMENT, SUB-RECIPIENT develops any systems analysis products, models, electronic data processing systems, software and related services, SUB-RECIPIENT agrees that the methods, materials, logic and systems developed pursuant to this AGREEMENT shall be the property of GRANTEE, and may be used as GRANTEE sees fit, including the right to reuse and publish the same without limitation. 39. Personnel Management System SUB-RECIPIENT shall establish and maintain a system for the management of personnel employed under the Head Start Program. Said Personnel Management System shall conform to Head Start and GRANTEE requirements and must be approved by SUB-RECIPIENT'S Board, Head Start Policy Committee, and GRANTEE before it is implemented. The following guidelines shall be used by SUB-RECIPIENT in establishing such a system: (a) Position classification SUB-RECIPIENT shall maintain a classification system which differentiates between levels of responsibility and complexity of work; requires position descriptions and job titles; identifies position requirements; and provides for periodic review and updating of position descriptions as required. (b) Recruitment and Selection A recruitment and selection system shall be maintained which provides for the announcement of vacancies to staff and other known sources of human resources; establishes controls to ensure consistency with the budget plan; enables a comparison of job candidates with the budget plan; establishes procedures for applicant interviews; provides for reference checks and final selection by an appropriate administrator of SUB-RECIPIENT and approval by the parents/community representative

Page 17 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 for the candidates selected; and, evaluates the effectiveness of compliance with civil rights laws, regulations, and executive orders. (c) Compensation All wages paid by SUB-RECIPIENT shall be reasonable and in accordance with the wage comparability data provisions of the Head Start Act of 2007, Section 653 – Comparability of Wages. (d) Performance Rating SUB-RECIPIENT shall maintain a continuous system of employee performance assessment which rates Head Start employees within established performance standards on a yearly basis. (e) Staff Utilization and Career Development SUB-RECIPIENT shall maintain a staff utilization and career development program which requires analysis of human resources needs and staff utilization and provides job training or retraining, career counseling, and supervisory training, where applicable. The personnel management system maintained by SUB-RECIPIENT for the Head Start Program shall contain clear, consistent written policies with respect to: * Working hours; * Work Schedules; * Overtime and overtime pay; * Vacation schedules, vacation pay and policies on unused vacation and related compensation. Such vacation policies shall emphasize the need for employees to take vacation time when such time is scheduled and shall encourage employees to use vacation leave unless otherwise impossible. * Maintenance of attendance records for all employees; * Travel policies, including reimbursement for travel expenses; * Outside employment; * A fair and equitable grievance procedure; * Written standards for employee conduct and conflict of interest; * A fair and equitable disciplinary system to handle conduct violations; and, * Nepotism. SUB-RECIPIENT shall provide GRANTEE with copies of any new policies adopted by SUB-RECIPIENT and copies of any policies which are revised during the period of this AGREEMENT. SUB-RECIPIENT shall obtain the approval of SUB-RECIPIENT'S Board, Head Start Policy Committee, and GRANTEE for any new or revised provisions before they are effective. The SUB-RECIPIENT will notify the GRANTEE of any management changes prior to their implementation. 40. Personnel Records SUB-RECIPIENT shall maintain current required employee records which include all official documents related to the employment of each Head Start employee and that meet Federal Requirements. Employee records shall be maintained in an orderly and accessible file system which is kept current. All such official records shall be

Page 18 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 available to supervisors, accountants and auditors, and GRANTEE, HHS, or other government officials or their agents as well as to the individual employee, as appropriate. This includes SB792 ADULT VACCINATION REQUIREMENTS: SUB-RECIPIENT must provide evidence and results of vaccination records for SUB- RECIPIENT’s employees and volunteers as required by SB792 for influenza, pertussis, and measles. (SB792: August 1 – December 1 of each year) 41. Support of Salaries and Wages Charges to the Head Start Program for salaries and wages of SUB-RECIPIENT'S employees shall be based upon documented payrolls approved by a responsible official of SUB-RECIPIENT. The distribution of salaries and wages must be supported by personnel activity reports as specified herein. Reports reflecting the distribution of activity of each employee must be maintained for all Head Start staff members, professional and non- professional, whose compensation is charged, in whole or in part, directly to the Head Start Program. Reports maintained by SUB-RECIPIENT to satisfy these requirements shall meet the following standards: (a) The reports shall reflect an after-the-fact determination of the actual activity of each employee. Budget estimates do not qualify as support charges to the Head Start Program. (b) Each report shall account for the total activity for which employees are compensated and which is required in fulfillment of their obligations to SUB-RECIPIENT. (c) The reports shall be signed by the individual employee and the responsible supervisor having first-hand knowledge of the activities performed by the employee, and state that the distribution of activity represents a reasonable portrayal of the actual work performed by the employee during the periods covered by the reports. 42. Availability of Personnel Records, Policies and Procedures SUB-RECIPIENT'S personnel policies, procedures and/or regulations shall be made available to all Head Start personnel employed by SUB-RECIPIENT. 43. SUB-RECIPIENT Personnel (a) SUB-RECIPIENT represents that it has, or will secure at its own expense, all personnel required to perform its obligations under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with GRANTEE, and SUB-RECIPIENT shall hold GRANTEE harmless from any and all claims against GRANTEE based upon the contention that an employer-employee relationship exists by reason of the AGREEMENT. (b) SUB-RECIPIENT will include a member of the GRANTEE’S Leadership team on the interview panel when a vacancy occurs in the SUB-RECIPIENT’S Head Start program director’s position. (c) SUB-RECIPIENT agrees that in the performance of its obligations under this AGREEMENT no person having an interest that would conflict, or whose performance would conflict, with the effective and efficient performance of SUB-RECIPIENT'S obligations, as determined by GRANTEE, shall be employed, engaged or retained. (d) In the event that HHS, OHS, or GRANTEE, in their sole discretion, either singularly or jointly, and with the involvement and approval of the Head Start Policy Council at any time during the term of this

Page 19 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 AGREEMENT, desires the removal of any person or persons assigned by SUB-RECIPIENT to perform services pursuant to this AGREEMENT, SUB-RECIPIENT shall remove any such person immediately upon receiving notice from HHS, OHS, or GRANTEE. (e) Head Start funds awarded under this contract will not be used to pay the compensation of an individual, either as a direct cost or any proration as an indirect cost, at a rate in excess of Executive Level II, in accordance with ACYF –PI-HS-08-03. 44. Certification of Teachers and Other Staff SUB-RECIPIENT shall employ teachers and other staff who meet certification or licensing requirements of the State, or if no state requirements are identified, the staff must meet the minimum requirements of 45 CFR 1302.91. This includes but not limited to: • Head Start or Early Head Start Director • Fiscal Officer (or equivalent) • Child and Family Services Management Staff including Family, Health, and Disabilities management and Education management • Child and Family Services Staff including Early Head Start center-based teachers, Head Start center-based teachers, Head Start Assistant Teachers, Family Child Care Providers, Center-based Teachers, Assistant Teachers and Family Child Care Providers, Home Visitors, Family Services Staff, and Health Professionals • Coaches 45. Labor Standards All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including painting and decorating of project buildings, and works for contracts in excess of $2,000 under this AGREEMENT shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, or as that Act may hereafter be amended 46. Debarment, Suspension, Termination and/or Revocation (a) SUB-RECIPIENT hereby certifies to the best of its knowledge that neither it nor any of its principals to be used in the performance of this AGREEMENT: (1) Is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (2) Has within a three (3) year period preceding this AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. (3) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity

Page 20 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (Federal, State or Local) with commission of any of the offenses enumerated in subparagraph 2 of this paragraph 46; and, (4) Has within a three (3) year period preceding this AGREEMENT had one or more public (Federal, State or Local) transactions terminated for cause or default. (b) If unable to certify to the best of its knowledge the statements set forth above, SUB-RECIPIENT and/or any of its principals shall attach to this AGREEMENT an account of the circumstances and any explanations therefore. (c) SUB-RECIPIENT further agrees to request this certification from any subcontractors that perform services under this AGREEMENT. 47. Prior Findings SUB-RECIPIENT, by signing this AGREEMENT, affirm that it has not failed to satisfy any major condition in a current or previous contract or grant with the Federal Government, the State of California or GRANTEE and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. 48. National Labor Relations Board Certification SUB-RECIPIENT hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court, by a Federal Court, has been issued against SUB-RECIPIENT within the immediately preceding two-year period because of SUB-RECIPIENT'S failure to comply with an order of a Federal Court which orders compliance with an order of the National Labor Relations Board. 49. Licensing of Program Facilities All facilities used in the operation of the Head Start Program shall meet applicable State and local licensing requirements. SUB-RECIPIENT shall submit to GRANTEE copies of licensing certificates, fire marshal clearances, and food handler permits, where applicable, for each site where classes are conducted as well as Sellers Permits for kitchen facilities. If one of SUB-RECIPIENT'S facilities has been the subject of a timed and dated order to comply, SUB- RECIPIENT shall comply by the required date and time or shall cease operations at that facility as of that date. GRANTEE reserves the right to require SUB-RECIPIENT to cease program operations at an earlier date if GRANTEE considers the violation to endanger safety of staff and/or participants. SUB-RECIPIENT shall submit a copy of all such orders to comply within one (1) calendar day after receipt of same. SUB-RECIPIENT shall promptly notify GRANTEE of all actions taken by licensing authorities or county, city, fire, or health officials. 50. Inspection and Licensing of Vehicles and Personnel (a) Vehicles Owned or Leased by SUB-RECIPIENT SUB-RECIPIENTs are required to comply with the requirements of 45 CFR 1303.70 through 1303.75 for bus monitors, signage, age, appropriate seat restraint systems, and safety training for parents and children. Prior to the use of any vehicle in connection with the Head Start Program, SUB-RECIPIENT shall provide GRANTEE with a certification from its Chief Executive Officer or Governing Board

Page 21 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Chairperson providing that: (i) SUB-RECIPIENT holds a current Inspection Approval Certificate issued by the California Department of Motor Vehicles and/or California Department of Motor Vehicles current registration for each vehicle used in the Head Start Program; (ii) Each vehicle used in the Head Start Program is registered to the SUB-RECIPIENT; (iii) Each vehicle used in the Head Start Program that is currently registered to SUB-RECIPIENT shows the GRANTEE as the legal owner; and, (iv) Each individual operating a vehicle used in the Head Start Program for the transport of Head Start children holds a valid bus driver certificate/license. This includes a current California driver's license, California Special Driver Certificate, and current Medical Examiner's Certificate. (v) Each individual operating a vehicle used in the Head Start program shall hold a valid driver’s license/certificate. (b) Contracts for Transportation Services SUB-RECIPIENTs are required to comply with the requirements of 45 CFR 1303.70 through 1303.75 for bus monitors, signage, age, appropriate seat restraint systems, and safety training for parents and children. In the event that SUB-RECIPIENT does not own or lease vehicles in the operation of its Head Start Program but does contract with an independent bus or transportation operator for these services, SUB-RECIPIENT shall ensure that prior to the use of any such vehicle, SUB-RECIPIENT obtains and maintains in its files documentation that: (i) The independent bus or transportation operator holds a current Inspection Approval Certificate issued by the California Department of Motor Vehicles for each vehicle used by or for SUB- RECIPIENT in its Head Start Program; (ii) Each vehicle is owned or leased to and registered to the bus or transportation operator (i.e., bus company); (iii) Each individual operating any vehicle for the transport of Head Start children holds a valid bus driver certificate/license. This includes a current California driver's license, California Special Driver Certificate, and current Medical Examiner's Certificate; and, (iv) Each bus or transportation operator (i.e., bus company) maintains adequate liability insurance for each vehicle providing coverage for liability for injuries or damages to third parties and passengers. 51. Policy on Joint Operation of Head Start - State Preschool Programs SUB-RECIPIENT may maintain jointly operated Head Start and California State Preschool (CSPP) programs or Early Head Start and General Child Care & Development (CCTR). Upon the request of GRANTEE or auditors, GRANTEE and said auditors shall have access to all records relating to the operation of the State Preschool Program. 52. ChildPlus Recordkeeping and Retention

Page 22 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 SUB-RECIPIENT shall maintain all required Head Start program records including enrollment, attendance, health, nutrition, disabilities, mental health, family services, education, and assessment documentation in ChildPlus. Such records shall be maintained and kept current at all times. See Exhibit E for specific report time lines. All such records shall be available to supervisors and GRANTEE, including GRANTEE designated accountants, monitors and auditors. Any agency that does not maintain an 85% attendance rate must analyze the reason for the attendance issue and submit to the GRANTEE a copy of the analysis with the monthly attendance report. 53. ACF/HHS Income Guidelines SUB-RECIPIENT shall abide by all applicable HHS income guidelines and other applicable guidelines for determining the eligibility of all children enrolled in SUB-RECIPIENT's Head Start Program. 54. Nepotism No member of the immediate family or significant others of any officer, director, executive or employee of SUB- RECIPIENT or GRANTEE shall receive favorable treatment for enrollment in services provided by, or employment with, SUB-RECIPIENT. In addition, neither SUB-RECIPIENT nor any of SUB-RECIPIENT's contractors shall hire, or cause or allow to be hired, a person into an administrative capacity or staff position funded pursuant to this AGREEMENT, if a member of that person's immediate family is employed in an administrative capacity for GRANTEE, SUB-RECIPIENT, or any employment contractor of SUB-RECIPIENT. However, where an applicable Federal, State, or local statute regarding nepotism exists which is more restrictive than this provision, SUB-RECIPIENT and SUB-RECIPIENT's contractors shall follow the Federal, State, or local statute in lieu of this provision. (a) The term "member of the immediate family" includes: wife, husband, same-sex partner, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, father-in-law, mother-in-law, grandfather, grandmother, aunt, uncle, niece, nephew, step-parent, and step-child. (b) The term "administrative capacity" refers to positions involving overall administrative responsibility for the Head Start Program, including members of the governing board or board of directors of SUB- RECIPIENT, as well as other individuals who have influence or control over the administration of the program, such as the program director and deputy director, and persons who have selection, hiring, or supervisory responsibilities. (c) The term "staff position" refers to all staff positions providing services under this AGREEMENT, such as teachers, teacher aides, drivers, family service workers, and food service workers. 55. Fraud and Program Abuse SUB-RECIPIENT shall establish and implement appropriate internal program management procedures to prevent fraud, abuse, and criminal activity. SUB-RECIPIENT shall notify GRANTEE within twenty-four (24) hours of any suspected or proven fraud, abuse, or criminal acts involving Head Start funds or Head Start-funded activities.

Page 23 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

56. Unlawful Activities SUB-RECIPIENT shall assure that no employee shall, in the performance of duties as an employee of the Head Start Program, plan, initiate, participate in or otherwise aid or assist in the conduct of any unlawful demonstration, rioting or civil disturbance. 57. Political Activity/Lobbying SUB-RECIPIENT assures and certifies that it will comply with all applicable Federal and State laws and administrative regulations, as well as GRANTEE policies, regarding political activity and lobbying. In this regard, no funds provided under this AGREEMENT shall be used for publicity, lobbying or the solicitation of funds for any political activity or to further the election or defeat of any candidate for office or on behalf of or in opposition to proposed or pending Federal, State, or local legislation or administrative action. SUB-RECIPIENT further agrees to comply with the requirements of 45 CFR Part 93 which prohibits the expenditure of funds provided under a Federal contract, grant, loan or cooperative agreement for the purpose of influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment or modification of any such contract, grant, loan, or cooperative agreement. SUB-RECIPIENT agrees to execute and provide to GRANTEE a Certification Regarding Lobbying and, if necessary, a Disclosure of Lobbying Activities on the forms provided by GRANTEE and attached to this AGREEMENT as Exhibit D. 58. Sectarian Activities SUB-RECIPIENT certifies that this AGREEMENT does not provide for the advancement of, or aid to, any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination whatever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of church and state. There shall be no religious workshops, instruction or proselytical action as part of, or in connection with, the performance of this AGREEMENT. 59 Nondiscrimination This AGREEMENT and any subcontract hereunder is subject to (a) the President's Executive Order 11246 (as amended by 11375 or as may be later amended); (b) the Americans with Disabilities Act of 1990, and any subsequent amendments thereto; (c) Title VI (as implemented by 45 CFR Parts 80 and 81) and Title VII of the , and any subsequent amendments thereto; (d) Revised Order #4 of the Federal Register; (e) all requirements imposed by or pursuant to regulations of the U.S. Department of Health and Human Services issued pursuant to said order and titles; and (f) GRANTEE policies. SUB-RECIPIENT agrees that any service, financial aid program, or other benefit to be provided by SUB-RECIPIENT under this AGREEMENT or any activity supported by this AGREEMENT shall be furnished without discrimination because of sex, age, race, creed, color, sexual preference, handicap, religion, national origin, political affiliation or belief, or heritage. SUB-RECIPIENT agrees further not to deny any individual an opportunity to participate in, or enjoy the services

Page 24 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 or benefits of, this AGREEMENT on the grounds of sex, age, race, creed, color, sexual preference, handicap, religion, national origin, political affiliation or belief, or heritage. SUB-RECIPIENT further agrees to take to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, age, race, creed, color, sexual preference, handicap, religion, national origin, political affiliation or belief, or heritage. SUB-RECIPIENT shall also state in all solicitations or advertisements for employment placed by or on behalf of SUB-RECIPIENT, that all qualified applicants shall receive consideration for employment without regard to sex, age, race, creed, color, sexual preference, handicap, religion, national origin, political affiliation or belief, or heritage. SUB-RECIPIENT recognizes the right of GRANTEE and/or the United States Government to seek judicial enforcement of the foregoing covenants against discrimination. 60. Compliance with Section 504 of the Rehabilitation Act of 1973 SUB-RECIPIENT agrees to abide by the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise-qualified handicapped person shall, by reason of handicap, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The HHS regulation implementing this requirement is published in 45 CFR Part 84. 61. Affirmative Action Plan Prior to execution of this AGREEMENT, SUB-RECIPIENT shall submit to GRANTEE an Affirmative Action Plan in conformance with GRANTEE and U.S. Department of Health and Human Services requirements. This Affirmative Action Plan shall be attached hereto as Exhibit B and incorporated by reference herein. 62. Protection of Human Subjects SUB-RECIPIENT shall comply with the provisions of 45 CFR Part 46 which requires safeguarding the rights and welfare of human subjects who are involved in activities supported by HHS program funds. 63. Legal Notices All notices to be given to either of the parties under this AGREEMENT shall be given by deposit in the United States mail, first-class postage prepaid, addressed to the applicable party at the address set forth below the signature of each party to this AGREEMENT or by personal service. Notices given by mail shall be deemed served three (3) working days after deposit in the United States mail, or when received, whichever is sooner. 64. Deobligation of Funds Should SUB-RECIPIENT fail to timely enroll children in its Head Start Program or otherwise fail to meet its performance standards as identified in this AGREEMENT, or fail to properly or timely expend the funds allocated pursuant to this AGREEMENT, GRANTEE may, at any time and in its sole discretion, deobligate or otherwise reduce or withdraw funds allocated to SUB-RECIPIENT pursuant to this AGREEMENT, or, in GRANTEE's sole discretion, terminate this AGREEMENT. Should the U.S. Government reduce funding to GRANTEE, GRANTEE may, notwithstanding any other provision of this AGREEMENT, at any time and in its sole discretion, deobligate or otherwise reduce or withdraw funds allocated to SUB-RECIPIENT pursuant to this AGREEMENT, or, in GRANTEE's sole discretion, terminate this AGREEMENT. In the event of deobligation, GRANTEE may unilaterally amend this AGREEMENT identifying the deobligation. GRANTEE shall have no

Page 25 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 liability to SUB-RECIPIENT based upon said deobligation or termination, specifically including, but not by way of limitation, any liability for SUB-RECIPIENT's consequential damages. The SUB-RECIPIENT has the right of appeal under 45 CFR Part 1303.33 regarding the termination of SUB-RECIPIENT’s AGREEMENT for cause or cost effectiveness. SUB-RECIPIENT has no appeal rights under the GRANTEE’s decision to deobligate or otherwise reduce or withdraw funds allocated to SUB-RECIPIENT or reduce the number of funded slots allocated to SUB-RECIPIENT. 65. Grantee Monitoring and Deficiency Designation As specified in 45 CFR Part1303.30 GRANTEE is accountable for the services SUB-RECIPIENT provides and GRANTEE shall monitor the performance of Head Start activities per 45 CFR Part 1303.52 and Section 641A(d) of the Head Start Act of 2007. GRANTEE shall review each program, function, and activity to assure that adequate progress is being made towards achieving the goals of the Head Start Program, including the goal of sound fiscal management. SUB-RECIPIENT shall cooperate in all ways to assist GRANTEE in these monitoring activities. SUB-RECIPIENT shall complete an annual Program Self-Assessment by January 31 utilizing the current OHS Monitoring Protocols or GRANTEE-approved tools. SUB-RECIPIENT must include a GRANTEE staff member in annual Program Self-Assessment. SUB-RECIPIENT must submit a summary of assessment as well as a Program Improvement Plan (PIP) to GRANTEE within 45 calendar days of finalizing the assessment. As specified in 45 CFR Part 75.342 and 45 CFR Part 1303.30 GRANTEE has established procedures for the ongoing monitoring of program operations and will inform SUB-RECIPIENT governing bodies of any deficiencies identified in monitoring including timetables for addressing identified problems. SUB-RECIPIENT will be provided a copy of the most current GRANTEE Monitoring Procedures. [Exhibit F] Consistent with this Federal regulation, SUB-RECIPIENT must establish and implement procedures for the ongoing monitoring of its own Head Start operations. If as a result of GRANTEE monitoring, the SUB-RECIPIENT has been found to have substantial and/or multiple non-compliance issues or longstanding, recurring findings the SUB-RECIPIENT may be designated as having a “deficiency.” These “deficiencies” are defined in the Head Start Act of 2007 as follows: (A) A systemic or substantial material failure of an agency in an area of performance that the Secretary determines involves: (i) A threat to the health, safety, or civil rights of children or staff; (ii) A denial to parents of the exercise of their full roles and responsibilities related to program operations; (iii) A failure to comply with standards related to early childhood development and health services, family and community partnerships, or program design and management; (iv) The misuse of funds received under this subchapter; (v) Loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; or (vi) Failure to meet any other Federal or State requirement that the agency has shown an

Page 26 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 unwillingness or inability to correct, after notice from the Secretary, within the period specified; (B) Systemic or material failure of the governing body of an agency to fully exercise its legal and fiduciary responsibilities; or (C) An unresolved area of noncompliance. If SUB-RECIPIENT is designated “deficient”, GRANTEE will notify SUB-RECIPIENT in writing of this designation and what resulting action is required including a Quality Improvement Plan (QIP) described in Paragraph 66. 66. Procedures for Quality Improvement Plan (QIP) (a) Whenever the Director of GRANTEE has established that SUB-RECIPIENT has a systemic or substantial material failure as described in Paragraph 65 above, the SUB-RECIPIENT will be designated as “deficient.” The Director may, in lieu of immediately giving notice of termination of this AGREEMENT pursuant to the provisions of Paragraph 68, order a Quality Improvement Plan (QIP) to be developed. The GRANTEE may disallow, suspend or delay any and all payments under this AGREEMENT, and/or suspend performance under this AGREEMENT until this deficiency is rectified. (b) If the QIP is ordered, the Director, or his/her designee, shall send the SUB-RECIPIENT a certified letter which sets forth the nature of SUB-RECIPIENT's noncompliance and provides the SUB-RECIPIENT and its officers or responsible representative 30 calendar days to provide the GRANTEE with a Quality Improvement Plan. (c) The QIP must include (1) listing of each deficiency and non-compliance, (2) an analysis of the causes for each deficiency and/or non-compliance, (3) a plan and timeline for correction of each, (4) approval by the SUB-RECIPIENTS’ Board of Education/Directors and its Policy Committee, and (5) a certifying statement that each deficiency and/or non-compliance will be corrected by the timeline proposed. (d) The GRANTEE will accept or reject the QIP within 30 days of the date of the receipt of the document. If the plan is rejected, the GRANTEE will provide the SUB-RECIPIENT with a letter outlining the reasons and require a revised QIP within 15 calendar day of receipt of the letter. (e) During the QIP timeline, RCOE may require periodic written progress reports from the SUB- RECIPIENT. The GRANTEE will make training and technical assistance available. SUB- RECIPIENT’s T&TA funds will be identified and used to correct the deficiency. (f) An on-site, follow-up review will be conducted by the GRANTEE once the QIP timeline is complete. If this review determines the deficiencies and non-compliance areas have been corrected, a letter will be issued to the SUB-RECIPIENT indicating that corrections have been made. If correction of the QIP is not achieved, the GRANTEE will move to defund and terminate the SUB-RECIPIENTS contract consistent with Paragraph 68 of this contract. (g) The Director may suspend or disallow payments to SUB-RECIPIENT and/or suspend performance in accordance with Paragraph 67 of this AGREEMENT during said period of corrective action. (h) If SUB-RECIPIENT shall fail to implement an order for corrective action, or if it shall fail to do so within the timetable set for implementation, the Director of GRANTEE shall recommend to

Page 27 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 GRANTEE's Governing board that this AGREEMENT be terminated in accordance with the provisions of Paragraph 69 of this AGREEMENT. (i) Notwithstanding the provisions of Paragraph 68, Director shall immediately suspend the payment of funds to SUB-RECIPIENT when the Director has reasonable cause to believe that SUB-RECIPIENT has misspent or claimed funds fraudulently and shall cause to be served upon SUB-RECIPIENT notice of termination pursuant to Paragraph 68 of this AGREEMENT. 67. Suspension or Disallowance of Payments/Suspension of Performance GRANTEE may at any time elect, in its sole discretion and without any liability to SUB-RECIPIENT, including, but not limited to, liability for consequential damages, and notwithstanding any other provision of this AGREEMENT, to suspend or disallow payment to SUB-RECIPIENT in whole or in part under this AGREEMENT, and/or to suspend performance under this AGREEMENT, in the event of any of the occurrences identified below. Any obligations incurred by SUB-RECIPIENT during the suspension period will not be allowed unless expressly authorized by GRANTEE in the written notice of suspension or in a specific written authorization document. (a) If SUB-RECIPIENT shall have made any misrepresentation of any nature with respect to any information or data furnished to GRANTEE in connection with this AGREEMENT; (b) If SUB-RECIPIENT submits to GRANTEE any reports which are incorrect or incomplete in any material respect and/or which are not submitted according to deadlines; (c) If SUB-RECIPIENT incurs any cost that GRANTEE or its auditors determines to be questioned or disallowed; (d) If SUB-RECIPIENT maintains a pattern of discrimination; (e) If SUB-RECIPIENT is in default of any of the provisions of this AGREEMENT or violates any of the covenants, assurances, stipulations or conditions of this AGREEMENT; (f) If SUB-RECIPIENT shall fail, for any reason, to fulfill in a timely, proper and reasonable manner its obligations under this AGREEMENT; (g) If SUB-RECIPIENT dissolves, becomes insolvent, has an assignment for the benefit of creditors, commences a bankruptcy or insolvency proceeding, or has a receiver appointed for its property; (h) If HHS reduces funding to GRANTEE below the amount in existence at the time the parties entered into this AGREEMENT or suspend funding to GRANTEE; (i) If SUB-RECIPIENT utilizes funds provided under this AGREEMENT ineffectively or improperly; (j) If SUB-RECIPIENT fails to comply with applicable Federal, State, and local laws, administrative regulations, executive orders, or GRANTEE policies, procedures and directives; (k) If the health and/or safety of the children enrolled in SUB-RECIPIENT's program is in jeopardy; (l) If SUB-RECIPIENT is unable or unwilling to comply with any additional conditions as may be lawfully applied by HHS or GRANTEE; (m) If SUB-RECIPIENT has been designated deficient; (n) If SUB-RECIPIENT has failed to implement school readiness goals;

Page 28 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (o) If SUB-RECIPIENT has CLASS scores that fail to meet the standards established by GRANTEE based on national standards established by the Office of Head Start; (p) If SUB-RECIPIENT has an administrative revocation from Community Care Licensing to operate Head Start or Early Head Start programs; (q) If SUB-RECIPIENT has been debarred from Federal or State funding; (r) If SUB-RECIPIENT has a material audit weakness, is high risk, or not a financially viable or going concern. 68. Termination of AGREEMENT (a) GRANTEE may terminate this AGREEMENT in the following instances by giving written notice to SUB-RECIPIENT at least five (5) working days prior to the effective termination date stated in the notice: ( 1) If SUB-RECIPIENT shall have made any misrepresentation of any nature with respect to any information or data furnished to GRANTEE in connection with this AGREEMENT; ( 2) If SUB-RECIPIENT submits to GRANTEE any reports which are incorrect or incomplete in any material respect and/or which are not submitted according to deadlines; ( 3) If SUB-RECIPIENT incurs any cost that GRANTEE or its auditors determines to be questioned or disallowed; ( 4) If SUB-RECIPIENT maintains a pattern of discrimination; ( 5) If SUB-RECIPIENT is in default of any of the provisions of this AGREEMENT or violates any of the covenants, assurances, stipulations or conditions of this AGREEMENT; ( 6) If SUB-RECIPIENT shall fail, for any reason, to fulfill in a timely, proper, and reasonable manner its obligations under this AGREEMENT; (7) If SUB-RECIPIENT dissolves, becomes insolvent, has an assignment for the benefit of creditors, commences a bankruptcy or insolvency proceeding, or has a receiver appointed for its property; (8) If HHS reduces funding to GRANTEE below the amount in existence at the time the parties entered into this AGREEMENT; (9) If SUB-RECIPIENT utilizes funds provided under this AGREEMENT ineffectively or improperly; (10) If SUB-RECIPIENT fails to comply with applicable Federal, State and local laws, administrative regulations, executive orders, GRANTEE policies, procedures and directives; (11) If HHS suspends or terminates its obligations under its Head Start grant to GRANTEE under which funds for this AGREEMENT are provided (should this occur and GRANTEE is unable to give SUB-RECIPIENT five (5) working days’ notice, GRANTEE shall provide SUB- RECIPIENT reasonable notice under the prevailing circumstances); (12) If the health and/or safety of the children enrolled in SUB-RECIPIENT's program is in jeopardy;

Page 29 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (13) If SUB-RECIPIENT is unable or unwilling to comply with any additional conditions as may be lawfully applied by HHS or GRANTEE. (14) If SUB-RECIPIENT has been designated deficient; (15) If SUB-RECIPIENT has failed to implement school readiness goals; (16) If SUB-RECIPIENT has CLASS scores that fail to meet the standards established by GRANTEE based on national standards established by the Office of Head Start; (17) If SUB-RECIPIENT has an administrative revocations from Community Care Licensing to operate Head Start or Early Head Start programs; (18) If SUB-RECIPIENT has been debarred from Federal or State funding; (19) If SUB-RECIPIENT has a material audit weakness, is high risk, or not a financially viable or going concern. (b) If this AGREEMENT is terminated by GRANTEE, as provided in this Paragraph 68, SUB-RECIPIENT, as its sole remedy, shall be paid for costs actually incurred to the date of termination, less the amount of any advance payment previously made and not accounted for. Upon termination of this AGREEMENT, SUB-RECIPIENT shall not incur any obligations after the effective date of such termination, unless expressly authorized by GRANTEE, in writing, in the notice of termination. GRANTEE shall not be liable for any claims of SUB- RECIPIENT for consequential damages. In the event of termination, all property and finished or unfinished documents, data, studies and reports purchased or prepared by SUB-RECIPIENT under this AGREEMENT shall, at the option of GRANTEE, become the property of GRANTEE or be otherwise disposed of as directed by GRANTEE. Notwithstanding the above, SUB-RECIPIENT shall not be released of liability by GRANTEE for damages sustained by GRANTEE by virtue of any breach of this AGREEMENT by SUB-RECIPIENT, including GRANTEE liability for SUB-RECIPIENT wrongfully or misspent funds, disallowed costs, or audit exceptions under this AGREEMENT, and GRANTEE may withhold any payment or reimbursement to SUB- RECIPIENT for purposes of setoff until such time as the exact amount of damages due GRANTEE from SUB- RECIPIENT is agreed upon or otherwise determined. Neither this paragraph nor any other provision of this AGREEMENT shall release SUB-RECIPIENT from its liability to GRANTEE for wrongfully or misspent funds or disallowed costs should the amount of those wrongfully or misspent funds or disallowed costs exceed the amount of any payment or reimbursement due SUB-RECIPIENT. 70. SUB-RECIPIENT Appeal Procedures SUB-RECIPIENT may appeal a termination of this AGREEMENT by the GRANTEE consistent with 45 CFR Part 1303.33 GRANTEE’s Appeal Procedures are attached in this AGREEMENT as Exhibit G. 71. Press Releases In all communications with the press, television, radio or any other means of communication with the general community, SUB-RECIPIENT shall make specific reference to GRANTEE as the Sponsoring Agency which is funded by the Administration for Children and Families, U.S. Department of Health and Human Services. 72. Unauthorized Financial Benefit Neither SUB-RECIPIENT, nor its officers, agents, or employees shall submit or receive payment pursuant to any

Page 30 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 invoices, bills, statements, or reports for payment or for reimbursement for costs from GRANTEE under this AGREEMENT if any officer, agent, or employee of SUB-RECIPIENT will derive any financial benefit other than is specifically permitted in this AGREEMENT. 73. Contingent Fee SUB-RECIPIENT warrants that no person, selling agency, or other organization has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for commission, percentage, brokerage, or contingency fee. For breach or violation of this covenant, GRANTEE shall have the right to terminate this AGREEMENT with liability in accordance with Paragraph 68 of this AGREEMENT and/or, at its sole discretion, to deduct from the SUB-RECIPIENT payment or reimbursement or otherwise recover the full amount of such commission, percentage, brokerage, or contingency fee. 74. Kickbacks No officer, agent, or employee of SUB-RECIPIENT shall solicit or accept any favor or any financial interest from any supplier or potential supplier of goods or services under this AGREEMENT including any extension thereof. 75. Limitation of Actions In the event the U.S. Government disallows any costs incurred by SUB-RECIPIENT in the performance of this AGREEMENT, GRANTEE may bring an action against SUB-RECIPIENT for the recovery of such disallowed costs at any time within five (5) years following final resolution of the U.S. Government audit wherein such costs are disallowed. Such disallowed costs shall be deemed to constitute a continuing breach of contract until such final resolution and each day thereof shall give rise to a cause to action. 76. Clean Air and Clean Water If this AGREEMENT is in excess of $100,000.00, SUB-RECIPIENT agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S. Code 1857 (h)), Section 508 of the Clean Water Act (33 U.S. Code 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CFR, Part 15). Under these laws and regulations, the SUB-RECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA list of Violating Facilities; (b) SUB-RECIPIENT shall notify GRANTEE, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA list of Violating Facilities; (c) SUB-RECIPIENT shall notify GRANTEE and the U.S. EPA about any known violation of the above laws and regulation; and, (d) SUB-RECIPIENT shall include substantially this assurance, including this fourth part, in every nonexempt sub grant, contract, or subcontract.

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77. Immigration Reform and Control Act of 1986 SUB-RECIPIENT assures that it shall be in compliance with the Immigration Reform and Control Act of 1986, specifically including, but not by way of limitation, the antidiscrimination provisions of Section 102, as well as requirements disqualifying certain legalized aliens from receiving benefits under this AGREEMENT, if they have been provided status according to Section 245A (amnesty or legalization) and 210A (replenishment workers) of the Immigration and Nationality Act, as amended. 78. Independent Status This AGREEMENT is by and between two independent parties and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, or joint venture, and SUB-RECIPIENT agrees to defend, indemnify, and hold GRANTEE harmless from any such claim. 79. Laws SUB-RECIPIENT shall comply with all applicable laws, ordinances, codes, administrative regulations, guidelines and policies of the United States, the State of California and local governments, specifically including, but not by way of limitation, GRANTEE policies and procedures. If any such laws, ordinances, codes, administrative regulations, guidelines or policies are amended or revised, SUB-RECIPIENT shall comply with such amendments, revisions or modifications or shall notify GRANTEE within thirty (30) calendar days after promulgation of the amendments, revisions or modifications that cannot so conform so that GRANTEE may take appropriate action, including termination of this AGREEMENT pursuant to Paragraph 67. 80. Entire Agreement/Modifications This AGREEMENT constitutes the entire agreement between the parties hereto for services furnished pursuant to this AGREEMENT and no oral understanding not incorporated herein shall be binding on any of the parties hereto. Except as otherwise provided in this AGREEMENT, this AGREEMENT may be modified, altered, or revised only on the written consent of both parties hereto. However, any other provision of this AGREEMENT notwithstanding, this AGREEMENT is subject to any additional restrictions, limitations, policies or conditions enacted by the Federal or State Government, and applicable local government or GRANTEE or any law or regulation enacted by the Federal or State Government or any applicable local government which may affect the provisions, terms or funding of this AGREEMENT and GRANTEE may unilaterally amend this AGREEMENT in this regard. 81 Severability of Provisions If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall not be affected thereby, if such remainder would then continue to conform to terms and requirements of applicable law. 82. Titles The titles to the paragraphs of this AGREEMENT and the Exhibits thereto are solely for the convenience of the parties and are not an aid in the interpretation of this AGREEMENT.

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83. Waiver The waiver by GRANTEE of any default, breach or condition precedent hereunder shall not be construed as a waiver on the part of GRANTEE of any other default, breach or condition precedent, or any other right hereunder. 84. Successors At the sole discretion of any successor-in-interest of GRANTEE, this AGREEMENT shall bind and inure to that successor-in-interest of GRANTEE, in the same manner as if such party had been expressly named herein. This Agreement shall only bind and inure to a successor-in-interest of SUB-RECIPIENT upon GRANTEE's prior express written consent. 85. California Law Except where controlled by Federal statutes or administrative regulations, this AGREEMENT shall be governed according to the laws of the State of California and GRANTEE policies and procedures. 86. Enforceable AGREEMENT This AGREEMENT shall become a valid enforceable agreement only after it is signed by authorized agents of the parties. 87. Time of the Essence Time is of the essence in the performance of this AGREEMENT. THEREFORE, the Parties have executed this AGREEMENT.

Riverside County Hemet Unified School District Superintendent of Schools 1791 West Acacia Avenue Hemet, CA 92545

Signed Signed Authorized Signature Authorized Signature

Sharon A. Baskett, Assistant Superintendent Printed Name and Title Printed Name and Title

Date Date

Page 33 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 EXHIBIT A FUNDING/SERVICES

Head Start Federal Share Non-Federal 1% Funding Slots Basic T&TA Total Share COLA 34 Full Day-Duration $1,232,443 $10,302 $5,060 $1,247,805 $311,951 102 Part-Day-Double Session 24 Home-based

Hemet USD calendar for children:

Program(s) Funded Slots Program Begins: Program Ends: Head Start 160 8/21/2017 5/29/2018 Total: 160

Head Start Services will be provided as follows:

Number Of Days of Location Program Option(s)/hours Children Instruction Center-based 68 136 Fruitvale Elementary School AM: Monday, Tuesday, 2800 W. Fruitvale Ave. Thursday, and Friday Room 1 & 2 8:00 am – 11:30 am Hemet, CA 92545 PM: Monday, Tuesday, PH: 951-765-5146 Thursday, Friday 12:30 pm -4:00 pm

Home-based 12 36 weeks Center-based 34 136 Ramona Elementary School AM: Monday, Tuesday, 41051 Whittier Ave. Thursday, and Friday Room 8 8:00 am – 11:30 am

Hemet, CA 92544 PM: Monday, Tuesday, PH: 951-765-1648 Thursday, Friday 12:30 pm -4:00 pm

Home-based 12 36 Weeks Hemet Elementary School Center-based 220 S. Franklin Street Full-Day-Duration #P105 & #P106 Monday – Friday 34 167 Hemet, CA. 92543 8:00 am – 2:30 pm (951) 765-1648

Page 34 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 EXHIBIT B ASSURANCES AND CERTIFICATIONS

I. Assurances

SUB-RECIPIENT hereby assures and certifies that it will comply with applicable laws, regulations, policies,

guidelines, and requirements, including 2 CFR Part 200 and 45 CFR Part 75 as they relate to the acceptance

and use of Federal funds for this Federally-funded project. SUB-RECIPIENT also assures and certifies, with

respect to this AGREEMENT, that:

A. It possesses legal authority to administer the funds; that a resolution, motion, or similar action has

been duly adopted or passed as an official act of SUB-RECIPIENT’s governing body (i.e., Board of

Directors), authorizing the execution and acceptance of this AGREEMENT, including all

understandings and assurances contained therein, and directing and authorizing the person identified

as the official representative of SUB-RECIPIENT to act in connection with the AGREEMENT and

to provide such additional information as may be required.

B. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000d and 42

U.S.C. 2000e-2), as amended, and the California Fair Employment and Housing Act (FEHA)

(Government Code 12900 et. seq.), as amended, which provide that no person shall, on the ground of

race, color, sexual preference, sex, age, religion, national origin, ancestry, physical handicap,

medical condition or marital status, be excluded from participation in, be denied the benefits of, or be

otherwise subjected to discrimination under any program or activity for which SUB-RECIPIENT

receives Federal or State financial assistance.

C. It will comply with Titles VI and VII of the Civil Rights Act of 1964, as amended, and the California

Fair Employment and Housing Act (FEHA), as amended, prohibiting employment discrimination

where (1) the primary purpose of the funding is to provide employment or (2) discriminatory

employment practices will result in unequal treatment of persons who are or should be benefiting

from the funded activity.

D. It will comply with provisions of the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, and any amendments thereto, (42 U.S.C. 4601 et. seq.) which provides for fair

Page 35 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs

or activities.

E. It will comply with the provisions of the Federal Hatch Act, and any amendments thereto, (5 U.S.C.

1501-1508) which limit the political activity of State and local government employees.

F. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor

Standards Act, and any amendments thereto, (29 U.S.C. 201 et. seq.) as they apply to employees of

institutions of higher education, hospitals, and other nonprofit organizations as defined in these

regulations.

G. It will establish safeguards to prohibit employees from using their positions for a purpose that is or

gives the appearance of being motivated by a desire for private gain for themselves or others,

particularly those with whom they have family, business, or other ties.

H. It will give GRANTEE, the U.S. Department of Health and Human Services, and the U.S.

Comptroller General, through any authorized representative, access to and the right to examine all

records, books, papers, or documents related to the AGREEMENT, including the records of

subcontractors performing under the AGREEMENT.

I. It will comply with all requirements imposed by the U.S. Department of Health and Human Services

and/or GRANTEE concerning special requirements of law, program requirements and other

administrative requirements.

J. It will ensure, pursuant to Executive Order 11738, and any amendments thereto, that the facilities

under its ownership, lease or supervision which shall be utilized in the accomplishment of the project

funded under the AGREEMENT with GRANTEE are not listed on the Environmental Protection

Agency’s (EPA) List of Violating Facilities and that it will notify GRANTEE of the receipt of any

communication from the Director of the EPA Office of Federal Activities indicating that a facility to

be used in the project is under consideration for listing by the EPA.

K. It will assist the U.S. Department of Health and Human Services in its compliance with Section 106

of the National Historic Preservation act of 1966 (16 U.S.C. 470f), Executive Order 11593, and the

Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469 et. seq.) or as those Acts or

regulations may be amended, by: (a) consulting with the State Historic Preservation Officer on the

Page 36 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 conduct of investigations as necessary to identify properties listed in or eligible for inclusion I the

National Register of Historic Places that are subject to adverse effects (see 36 CFR 800-8) by SUB-

RECIPIENT’s activity and notifying the U.S. Department of Health and Human Services of the

existence of any such properties, and by (b) complying with any requirements established by the

U.S. Department of Health and Human Services to avoid or mitigate adverse effects upon such

properties.

L. It will comply, to the extent applicable, with all the requirements of Section 114 of the Federal Clean Air

Act (42 U.S.C. 7414) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318), and

any amendments thereto, relating to inspection, monitoring, entry, reports, and information, as well as

other requirements specified in Section 114 and Section 308 of the Clean Air Act and Clean Water Act,

respectively, and all regulations and guidelines issued there under.

M. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood

Disaster Protection Act of 1973, and any amendments thereto, (42 U.S.C. 4012(a)) which requires

the purchase of flood insurance, in communities where such insurance is available, as a condition for

the receipt of any Federal financial assistance for acquisition or construction purposes with respect to

insurable property within an area that has been identified by the Secretary of the U.S. Department of

Housing and Urban Development as an area having special flood hazards. The term “Federal

financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,

disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

N. It will comply with the provisions of the Americans with Disabilities Act of 1990 and Section 504 of

the Rehabilitation Act of 1973, and any amendments thereto, (29 U.S.C. 794), and with all

requirements imposed by the Equal Employment Opportunity Commission and by the U.S.

Department of Labor Pursuant to the regulations of the U.S. Department of health and Human

Services (45 CFR Part 85) promulgated under the foregoing statutes. SUB-RECIPIENT agrees that,

in accordance with the foregoing requirements, no otherwise-qualified handicapped person, by

reason of handicap, shall be excluded from participation in, be denied the benefits of, or be subjected

to discrimination under any program or activity receiving Federal financial assistance, and assures

that it will take any measures necessary to effectuate this agreement.

Page 37 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 O. It will comply, to the extent applicable, with Title IX of the Education Amendments of 1972, and

any amendments thereto, (20 U.S.C. 1681, et. seq.) which provides that no person in the United

States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be

subjected to discrimination under any educational program or activity receiving Federal financial

assistance.

P. It will include the equal employment opportunity clause prescribed by Executive Order 11246, as

amended, and will require that its subcontractors include the clause in all contracts or subcontracts

which have or are expected to have an aggregate value within a 12-month period exceeding

$10,000.00, in accordance with U.S. Department of Labor regulations.

Q. If this AGREEMENT is covered by a statute providing wage standards for such work, it will include,

and will require that its subcontractors include, the provision covering the Contract Work Hours and

Safety Standards Act (40 U.S.C. 327-333) set forth in 29 CFR 5.5(c) and (e), or as that Act or the

regulations there under may be amended, in any nonexempt non-construction contract or subcontract

which involves the employment of mechanics and laborers (including watchmen, guards,

apprentices, and trainees) if the contract exceeds $2,500.00.

R. It will comply with standards for environmental quality control that may be prescribed pursuant to

responsibilities of the federal Government under the National Environmental Policy Act of 1969, and

any amendments thereto, (42 U.S.C. 4321 et. seq.) and Executive Order 11514, and any amendments

thereto.

II. Clean Air and Clean Water Assurance and Certification

If the AGREEMENT is in excess of $100,000.00 or if the facility to be used has been the subject of a

conviction under the Clean Air Act (42 U.S.C. 7401 et. seq.) or the Federal Water Pollution Control Act (33

U.S.C. 1251 et. seq.) and is listed by the Environmental Protection Agency (EPA) or is not otherwise

exempt, SUB-RECIPIENT assures and certifies that: (1) no facility to be utilized in the performance of the

AGREEMENT has been listed on the EPA List of Violating Facilities; (2) it will promptly notify GRANTEE

immediately upon the receipt of any communication form the Director, Office of Federal activities, U.S.

Environmental Protection Agency, indicating that a facility to be utilized for the AGREEMENT is under

Page 38 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 consideration to be listed on the EPA List of Violating Facilities; and, (3) it will include substantially this

assurance, including this third part, in every non-exempt contract or subcontract.

III. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)

SUB-RECIPIENT assures and certifies that it will comply with the provisions of the Contract Work Hours

and Safety Standards Act as further set forth below:

A. Overtime Requirements: No SUB-RECIPIENT or subcontractor contracting for any part of the

AGREEMENT work which may require or involve the employment of laborers or mechanics shall

require or permit any laborer or mechanic in any workweek in which he or she is employed on such

work to work in excess of eight hours in any calendar day or in excess of forty hours in such

workweek unless such laborer or mechanic receives compensation at a rate not less than one and

one-half times his or her basic rate of play for all hours worked in excess of eight hours in any

calendar day or in excess of forty hours in such workweek, as the case may be.

B. Violation; liability for unpaid wages, liquidated damages: In the event of any violation of the clause

set forth in subparagraph (A), SUB-RECIPIENT and any subcontractor responsible therefore shall be

liable to any affected employee for his or her unpaid wages. In addition, such SUB-RECIPIENT and

subcontractor shall be liable to the United States (in the case of work done under contract for the

District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic

employed in violation of the clause set forth in subparagraph (A), in the sum of $10.00 for each

calendar day on which such employee was required or permitted to work in excess of the standard

workweek of forty hours without payment of the overtime wages required by the clause set forth in

subparagraph (A).

C. Withholding for unpaid wages and liquidated damages: The U.S. Department of Labor may

withhold or cause to be withheld, from any moneys payable on account of work performed by SUB-

RECIPIENT or subcontractor, such sums as may administratively be determined to be necessary to

satisfy any liabilities of such SUB-RECIPIENT or subcontractor for unpaid wages and liquidated

damages as provided in the clause set forth in subparagraph (B).

Page 39 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 D. Subcontractors: SUB-RECIPIENT shall insert in any subcontracts the clauses set forth in

subparagraphs (A), (B), and (C) of this paragraph and also a clause requiring the subcontractors to

include these clauses in any lower-tier subcontracts which they may enter into, together with a clause

requiring this insertion in any further subcontracts that may in turn be made.

E. Records: SUB-RECIPIENT shall maintain payroll records containing the information specified in

29 CFR 516.2(a). Such records shall be preserved for three (3) years from the completion of the

AGREEMENT.

IV. Assurances - Non-Construction Programs:

SUB-RECIPIENT assures and certifies that it will comply with the U.S. Department of Health and Human

Service Compendium Required Certifications and Assurances as further set forth below.

a. It has the legal authority to apply for Federal assistance, and the institutional, managerial and

financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure

proper planning, management and completion of the project described in this application.

b. It will give the awarding agency, the Comptroller General of the United States, and if appropriate, the

State, through any authorized representative, access to and the right to examine all records, books,

papers, or documents related to the award; and will establish a proper accounting system in

accordance with generally accepted accounting standards or agency directives.

c. It will establish safeguards to prohibit employees from using their positions for a purpose that

constitutes or presents the appearance of personal or organizational conflict of interest, or personal

gain.

d. It will establish safeguards to prohibit employees from using their positions for a purpose that

constitutes or presents the appearance of personal or organizational conflict of interest, or personal

gain.

e. It will initiate and complete the work within the applicable time frame after receipt of approval of the

awarding agency.

f. It will comply with the intergovernmental Personnel Act of 1970 (42 U.S.C. 4278-4763) relating to

prescribed standards for merit systems for programs funded under one of the nineteen statutes or

Page 40 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 regulations specified in Appendix A of OPMs Standards for a Merit System of Personnel

Administration (5 CFR 900, Subpart F). g. It will comply with all Federal statutes relating to non-discrimination. These include but are not

limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination

on the bases of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as

amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;

(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits

discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42

U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and

Treatment Act of 1972 (P.L. 92-255), as amended, relating to non-discrimination on the basis of drug

abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to non-discrimination on the bases of

alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290

dd-3 and 290 ee-3), as amended, relating to confidentiality of the alcohol and drug abuse patient

records; (h) Title VII of the (42 U.S.C. 3601 et seq.), as amended, relating to

non-discrimination in the sale, rental or financing of housing; (I) any other nondiscrimination

provisions in the specific statute(s) under which application for Federal assistance is being made; and

(j) the requirements of any other non-discrimination statute(s) which may apply to the application. h. It will comply, or has already complies, with the requirements of Titles II and III of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which

provide for fair and equitable treatment of persons displaced or whose property is acquired as a result

of Federal or Federally assisted programs. These requirements apply to all interests in real property

acquired for project purposes regardless of Federal participation in purchases. i. It will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit

the political activities of employees whose principal employment activities are funded in whole or in

part with Federal funds. j. It will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7),

the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety

Page 41 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Standards Act (40 U.S.C. 327-333), regarding labor standards for federally assisted construction

subagreements. k. It will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the

Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood

hazard area to participate in the program and to purchase flood insurance if the total cost of insurable

construction and acquisition is $10,000 or more. l. It will comply with environmental standards which may be prescribed pursuant to the following: (a)

institution of environmental quality control measures under the National Environmental Policy Act of

1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant

to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in

floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved

State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under

Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of

underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L.

93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as

amended, (P.L. 93-205) m. It will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to

protecting components or potential components of the national wild and scenic rivers system. n. It will assist the awarding agency in assuring compliance with Section 106 of the National Historic

Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of

historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1

et seq.). o. It will comply with P.L. 93-348 regarding the protection of human subjects involved in research,

development, and related activities supported by this award of assistance. p. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.

2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for

research, teaching, or other activities supported by this award of assistance.

Page 42 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 q. It will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which

prohibits the use of lead based paint in the construction or rehabilitation of residence structures.

r. It will cause to be performed the required financial and compliance audits in accordance with 2 CFR

Part 200.500 -- Audit Requirements and 45 CFR Part 75.500 – Audit Requirements.

s. It will comply with all applicable requirements of all other Federal laws, executive orders, regulations

and policies governing this program.

V. Drug-Free Workplace Requirements

By signing this contract the SUB-RECIPIENT is providing the certification required by regulations

implementing the Drug-Free Workplace Act of 1988, 45 CFR, Part 76, Subpart F. The regulations published

in the January 31, 1989 Federal Register, require certification by grantees that they will maintain a drug-free

workplace. The certification set out below is a material representation of fact upon which reliance will be

placed when HHS determines to award the grant. False certification or violation of the certification shall be

grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or

debarment.

Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If

known, they may be identified in the grant application. If the grantee does not identify the workplaces at the

time of application, or upon award, if there is no application, the grantee must keep the identity of the

workplace(s) on file in its office and make the information available for Federal inspection. Failure to

identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements.

Workplace identifications must include the actual address of buildings (or parts of building) or other sites

where work under the grant takes place. Categorical descriptions may be used (e.g. all vehicles of a mass

transit authority of State highway department while in operation, State employees in each local

unemployment office, performers in concert halls or radio studios).

If the workplace identified to HHS changes during the performance of the grant, the grantee shall

inform the agency of the change(s), it previously identified the workplaces in question (see above).

Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free

Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the

following definitions from these rules:

Page 43 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 "Controlled substance" means a controlled substance in Schedules I through V of the Controlled

Substances Act (21 USC 812) and as further defined by regulations (21 CFR, 1308.11 through 1308.15).

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal of State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact of involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).

The grantee certifies that it will provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession or use of a controlled substance is prohibited in the grantee's workplace and specifying

the actions that will be taken against employees for violation of such prohibition;

(b) Establishing a drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in

the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant

be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that as a condition of

employment under the grant, the employee will:

(1) Abide by the terms of the statement; and

Page 44 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (2) Notify the employer of any criminal drug statute conviction for a violation occurring

in the workplace no later than five days after such conviction;

(e) Notifying the agency in writing within ten days after receiving notice under subparagraph

(d)(2), from an employee or otherwise receiving actual notice of such conviction. Employers

of convicted employees must provide notice, including position title, to every grant officer

or other designee on whose grant the convicted employee was working, unless the Federal

agency has designated a central point for the receipt of such notices. Notice shall include the

identification number(s) of each affected grant;

f) Taking one of the following actions within 30 days of receiving notice under subparagraph

(d)(2), with respect to any employee who is so convicted:

(1) Taking appropriate personnel action against such an employee, up

to and including termination, consistent with the requirements of

the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or

rehabilitation program approved for such purposes by Federal, State, or local

health, law enforcement, or other appropriate agency.

g) Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a) through (f).

VI. Certification Regarding Environmental Tobacco Smoke

Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be

permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used

routinely or regularly for the provision of health, day care, early childhood development services, education

or library services to children under the age of 18, if the services are funded by Federal program either

directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law

also applies to children's services that are provided in indoor facilities that are constructed, operated, or

maintained with such Federal funds. The law does not apply to children's services provided in private

residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole

source of applicable Federal funds in of ; or facilities where WIC coupons are redeemed.

Page 45 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of

up to $1,000 for each violation and/or the imposition of an administrative compliance order on the

responsible entity. By signing this certification, the offeror/contractor (for acquisitions) or applicant/grantee

(for grants) certifies that the submitting organization will comply with the requirements of the Act and will

not allow smoking within any portion of any indoor facility used for the provision of services for children as

defined by the Act. By signing this contract, the SUB-RECIPIENT agrees that it will require that the

language of this certification be included in any subawards which subrecipients shall certify accordingly.

VII. Debarment, Suspension And Other Responsibility Matters - Primary Covered Transactions

By signing and submitting this proposal, the SUB-RECIPIENT, defined as the primary participant in

accordance with 45 CFR Part 76 certifies to the best of his or her knowledge and believe that it and its

principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily

excluded from covered transaction by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted or had a civil judgment

rendered against them for commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a

public transaction: violation of Federal or State antitrust statutes or commission of embezzlement,

theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving

stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity

(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of

this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public

transaction (Federal, State or local) terminated for cause or default. The inability of a person to

provide the certification required above will not necessarily result in denial of participation in this

covered transaction. If necessary, the prospective participant shall submit an explanation of why it

cannot provide the certification. The Department of Health and Human Services' (HHS) determine

whether to enter into this transaction. However, failure of the prospective primary participant to

Page 46 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 furnish a certification or an explanation shall disqualify such person from participation in this

transaction. The prospective primary participant agrees that by submitting this proposal, it will

include the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion - Lower Tier Covered Transactions," provided below without modification in

all lower tier covered transactions.

VIII. Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

(To Be Supplied To Lower Tier Participants)

By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45

CFR, Part 76, certifies to the best of its knowledge and belief that it and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from participation in this transaction by any Federal department or agency.

(b) where the prospective lower tier participant is unable to certify to any of the above, such prospective

participant shall attach an explanation to this proposal. The prospective lower tier participant further

agrees by submitting this proposal that it will include this clause entitled "Certification Regarding

Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,

"without modification in all lower tier covered transactions and in all solicitations for lower tier

covered transactions.

Page 47 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 EXHIBIT C

INSURANCE REQUIREMENTS

1. Fidelity and Depositors' Forgery Insurance

SUB-RECIPIENT shall maintain an insurance plan for fidelity and depositors' forgery coverage, with a carrier

satisfactory to GRANTEE, against loss due to any personnel of SUB-RECIPIENT handling funds or fiscally

significant documents received from or submitted to GRANTEE under this AGREEMENT. Said insurance

coverage shall be in an amount not less than (a) the amount of this AGREEMENT if less than $5,000.00; or, (b)

$5,000.00 or twenty percent (20%) of the total amount of this AGREEMENT, whichever is greater. Said

insurance shall contain provisions which (a) guarantee coverage shall not be cancelled, limited, or non-renewed

until after fifteen (15) days advance written notice has been given to GRANTEE, except in the event of non-

payment of premium when a ten (10) day advance written notice shall apply; and, (b) name GRANTEE as a loss

payee as its interest may appear.

2. Commercial General Liability/Personal Injury/Property Damage/Automobile Liability Insurance

The SUB-RECIPIENT shall self-insure or, at its sole cost and expense, obtain and maintain during the term

of the AGREEMENT, a General Commercial Liability Insurance policy, including coverage for personal

injury and property damage, in an amount not less than $1,000,000 for each claim and $2,000,000 for each

occurrence; and an Automobile Liability Insurance policy covering owned, non-owned, and hired vehicles

with coverage of no less than $1,000,000 for each claim and $2,000,000 for each occurrence. A certificate or

certificates of insurance evidencing SUB-RECIPIENT’s insurance coverage and naming GRANTEE as an

additional insured shall be delivered to GRANTEE concurrent with this AGREEMENT upon execution.

3. Professional Liability

If the SUB-RECIPIENT shall employ or retain professional staff (e.g., nurses, psychologists, etc.), the SUB-

RECIPIENT shall maintain an insurance plan for professional liability with a carrier satisfactory to GRANTEE.

Said insurance shall contain provisions which (a) guarantee coverage shall not be cancelled, limited, or non-

renewed until after thirty (30) days advance written notice has been given to GRANTEE, except in the event of

non-payment of premium when a ten (10) day advance written notice shall apply; and, (b) provide a limit for

such coverage of not less than $1,000,000.00 per occurrence.

Page 48 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 4. Workers' Compensation/Accident Insurance

SUB-RECIPIENT shall maintain an insurance plan for workers' compensation, with a carrier satisfactory to

GRANTEE, in an amount and sum to meet all requirements of applicable Labor Codes of the State of California,

which provides coverage for all employees employed pursuant to this AGREEMENT who are currently eligible

for coverage under existing workers' compensation laws and regulations Volunteers shall be provided with

accident insurance. Said coverage shall cover medical costs and health benefits for accidents (a) occurring on-

site during the time they are required to be therein and thereon by reason of attendance at the Head Start site on

any regular program day; (b) while attending or participating in a regularly scheduled program activity approved

and supervised by proper authority of the program; and, (c) while traveling directly to and from such regularly

scheduled and approved program activity with children enrolled in the program as a group, provided such group

is at the time under the supervision of proper authority of the program. Said insurance shall contain a provision

which guarantees coverage shall not be cancelled, limited, or non-renewed until after thirty (30) days advance

written notice has been given to GRANTEE, except in the event of non-payment of premium when a ten (10)

day advance notice shall apply.

5. Provision of Insurance Documents

Prior to execution and commencement of performance of this AGREEMENT, SUB-RECIPIENT's insurer(s)

shall provide to GRANTEE certificates of insurance and applicable endorsements issued by SUB-RECIPIENT's

insurance carrier(s), for all insurance coverage set forth above or otherwise required by GRANTEE. In addition,

prior to SUB-RECIPIENT's purchase, possession, rental, leasing, loan, or legal possession of any Federal, State,

or GRANTEE-owned property, SUB-RECIPIENT's insurer(s) shall provide to GRANTEE certificate(s) of

insurance and applicable endorsements issued by SUB-RECIPIENT's insurance carrier(s), for property coverage.

6. Deductibles or Self-Insured Retentions

Any deductibles or self-insured retentions shall be declared to and approved by GRANTEE. In the sole

discretion of GRANTEE, GRANTEE may require SUB-RECIPIENT to reduce or eliminate such deductibles or

self-insured retentions as respects GRANTEE, its officers, employees and volunteers. SUB-RECIPIENT

acknowledges that no GRANTEE funds may be used to fund or otherwise pay for any deductibles, self-insured

retentions and/or self-insurance.

Page 49 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 7. Additional Coverage

GRANTEE reserves the right to require SUB-RECIPIENT to obtain additional insurance coverage should

GRANTEE determine, in its sole discretion, that the program activities require additional coverage.

8. Changes In Coverage

If any coverage is cancelled, revoked, reduced, or in any manner questioned or compromised, SUB-RECIPIENT

shall immediately notify GRANTEE. In that event, GRANTEE shall not make any further disbursements to

SUB-RECIPIENT and may require the return of any cash advance made to SUB-RECIPIENT until GRANTEE

is satisfied that the coverage initially approved by GRANTEE has been reinstated. In addition, GRANTEE may

suspend performance of SUB-RECIPIENT's program and/or may suspend or disallow payment to SUB-

RECIPIENT or may terminate this AGREEMENT.

9. Head Start/Early Head Start Children’s Coverage

During the term of this AGREEMENT, the GRANTEE shall maintain accident insurance coverage for all

enrolled Head Start/Early Head Start children. The SUB-RECIPIENT shall maintain all other insurance

coverage in conformance with the provisions of Exhibit C.

Page 50 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

EXHIBIT D CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements 45 CFR 93)

By signing this contract, the SUB-RECIPIENT certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for sub awards at all tiers (including subcontracts, sub grants and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Statement for Loan Guarantees and Loan Insurance The SUB-RECIPIENT states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Rev. 4.11

Page 51 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 EXHIBIT E

REPORT SCHEDULE

The following information is to be submitted by the Director or designee electronically to the GRANTEE :

FISCAL REPORTS: • Monthly Reimbursement Reports - no later than the 10th of the subsequent month • Monthly Nonfederal Share Reports - no later than the 10th of the second subsequent month • Final SUB-RECIPIENT budget revision due August 1 • Final SUB-RECIPIENT Reimbursement Report due November 1 • Written notification of any current program money that does not expect to be obligated by June 1 of the contract year. • Quarterly financial projections will be received no later than the 10th of the subsequent month.

PROGRAM REPORTS: • ChildPlus enrollment, health, nutrition, disabilities, mental health, family services, education, assessment, and attendance information is to be updated by the 10th of each month for consistent, accurate reporting to the Policy Council and Board. Sign-in/out cards must be scanned and submitted no later than the 5th of the month. • Program Information Report (PIR) – PIR information is to updated by the 10th of each month for consistency and accuracy of Grantee-wide reports. All final PIR data is to be in ChildPlus and certified by Director no later than 10 working days after the end of the SUB-RECIPIENT’S enrollment period year.

Page 52 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

EXHIBIT F HEAD START/EARLY HEAD START MONITORING POLICIES AND PROCEDURES

Regulation Head Start Performance Standards 1302.102 (b) Monitoring program performance (1) Ongoing compliance oversight and correction.

In order to ensure effective ongoing oversight and correction, a program must establish and implement a system of ongoing oversight that ensures effective implementation of the program performance standards, including ensuring child safety, and other applicable federal regulations as described in this part, and must:

(i) Collect and use data to inform this process; (ii) Correct quality and compliance issues immediately, or as quickly as possible; (iii) Work with the governing body and the policy council to address issues during the ongoing oversight and correction process and during federal oversight; and, (iv) Implement procedures that prevent recurrence of previous quality and compliance issues, including previously identified deficiencies, safety incidents, and audit findings.

POLICY STATEMENT

To assure quality in its Head Start/Early Head Start program and compliance with Federal standards and administrative requirements, Riverside County Office of Education (Grantee) recognizes its major responsibility to provide ongoing monitoring of its operations as well as those of its contracted delegate agencies. It is the policy of the Grantee that all contracted delegate agencies and partner (EHS-CCP) will conduct monitoring of their operations and will have written monitoring procedures available for review and approval by the Grantee. Grantee Operated sites will follow the written monitoring procedures as specified in this policy and the Grantee’s written plans. It is also the policy of the Grantee that all programmatic, fiscal and management areas of the Head Start and Early Head Start program will be regularly reviewed and timely follow-up will be provided to assure correction of non- compliance issues.

DESIGNATED MONITORS

Monitoring of Head Start/Early Head Start sites in Riverside County (Grantee-operated sites and delegate agencies) will be conducted by a team. Program Development Specialists (PDSs) in the Early Childhood Education Programs and appropriate fiscal staff are the designated monitors. (Refer to Monitoring Support Schedule)

MONITORING TOOLS (ChildPlus IMS Monitoring Checklists)

Grantee IMS monitoring checklists are developed and maintained by PDS team and DA-Coordinator. The checklists are developed based on OHS Monitoring Protocols, Head Start Program Performance Standard (HSPPS), California Department of Social Services - Community Care Licensing, program policy and procedures.

MONITORING PROCEDURES

RCOE monitoring procedures are described as follows:

ONGOING MONITORING

1. PDS will use a shared calendar (Monitoring Activities Schedule) to schedule monitoring activities at the GO and Delegate sites. Assigned PDS will conduct site visits in accordance with the schedule. Page 53 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

2. Child file list will be randomly selected by the DA coordinator. The list is not shared in advance. PDS will select child files upon arrival at the assigned site(s). During the Full Program Review, the Child file list will be sent by the DA Coordinator to the selected delegate agencies three days before the event takes place.

3. The maximum number of the PDS team members must not be more than 3 (three) at the same site at the same GO site or Delegate Agency when a scheduling a site monitoring visit.

4. The DA Coordinator will notify the DA Director and Go Sites Managers the monitoring event date by sending the updated calendar twice a week.

5. PDS will use the IMS Monitoring checklist during the review.

6. Delegate Agencies are expected to use the IMS monitoring checklists for their internal monitoring system that ensure a comprehensive review of all program and fiscal operations.

7. DA directors and GO Site managers must develop a Corrective Action Plan (CAP) in IMS within 10 days and will correct the findings within 20 days of the actual review date.

8. DA Coordinator will send a report to PDS team to follow-up on CAP Creation Past Due and CAP Items Past Due as needed. DA directors and GO site managers will be responsible to check on a weekly basis and documents and follow-up progress in Childplus.

9. PDS will enter CAP follow-up notes in IMS, as appropriate

10. The DA Coordinator will send monitoring activities reports to the management team, DA directors, Site Managers, Policy Council and Board (see flow chart).

RCOE will also conduct ongoing focused site visits and administrative reviews of Delegate Agencies and Grantee Operated sites to monitor selected program and management areas based on compliance performance in the following areas:

▪ ERSEA (Eligibility, Recruitment, Selection Enrollment and Attendance) ▪ Child Development and Education (including CLASS) ▪ Family and Community Engagement Program Services ▪ Safety Practices ▪ Medication Administration ▪ First Aid Kit ▪ Management Systems (Program Monitoring, Record-Keeping and Reporting) ▪ Fiscal ▪ Program Governance ▪ Mental Health ▪ Disability Services ▪ Health and Nutrition Services ▪ CACFP (Child and Adult Food Care Program) ▪ Community Care Licensing (Title 22: Title 5) ▪ Delegate Agency Contract ▪ Other areas as appropriate

In-House (Desktop) Monitoring Regular, internal review of program and fiscal data, also known as Desktop Monitoring, will be conducted by PDSs, DA Coordinator and fiscal staff that include, but are not limited to the following reports:

▪ ChildPlus Reports (see RCOE ChildPlus Report List) ▪ PIR information ▪ Attendance ▪ Monthly fiscal summaries and statements ▪ IMS

Page 54 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 All the desktop monitoring activities must be captured in IMS and use the IMS data for compliance performance. Unannounced site visits

The Grantee reserves the right to make unannounced site visits to delegate agency sites as well as Grantee-operated sites. Unannounced site visits may be prompted by the need for routine health and safety checks, incident reports follow up to licensing visits and other issues determined by the Grantee or other routine monitoring visits. Protocol for an unannounced site visit will include initial on-site notification and debrief with the delegate director, site manager or other licensee designee.

COMMUNICATION – RECORD-KEEPING & REPORTING

Grantee is utilizing the ChildPlus Internal Monitoring Suite (IMS) to facilitate consistency, case management, and to provide standardized reporting to staff and management. The Grantee also uses Tableau Reader to provide a visual analytics to the management team and DA directors.

DA Coordinator will prepare a monthly summary of monitoring for the ECEP Executive Director that can be shared with the Governing Bodies.

PDS Meetings

PDS meeting will be held biweekly to provide a forum for discussion regarding the monitoring results of Grantee Operated and Delegate Agencies. During this meeting, the team discusses ideas based on the monitoring and risk assessment data and program data to mitigate risk in the identified areas. The PDS team will extract insights from monitoring and program data to shape proactive strategies.

FULL MONITORING REVIEWS

Delegate Agencies Full Program Reviews

A full monitoring review will be conducted of each delegate agency at least once every three years and as determined by Grantee. Grantee will send the Delegate Agency and Governing Bodies a written report of the review 15 calendar days following the completion of the review. The report must reflect based on risk assessment analysis and ongoing monitoring results.

Grantee Self-Assessment

A full monitoring review will be conducted for the Grantee-operated program each year. All Grantee operated sites are subject to review every year. Grantee Operated sites staff will be present at the debrief meeting to receive the result of the self-assessment. Site managers and Community Assistants have access to IMS to correct the findings in a timely manner. The Policy Council will receive a copy of the Self-Assessment results at their next scheduled meeting. Policy Council and Governing Board will also receive a report of the status of Corrective Action Plans for any Self-Assessment findings at least once per year.

DETERMINATION OF DEFICIENCIES

If, as a result of the Grantee’s on-going monitoring, it has been determined that a delegate agency has violated provisions of the contract which could result in potential disallowance of payments or suspension of performance, these violations shall constitute a deficiency. This designation also includes a history of unsatisfactory performance; lack of financial stability; management systems that do not meet the standards set forth in Part 92; non-conformance with terms and conditions of previous awards; is otherwise not responsible; and/or have issues at facilities that present an immediate health and safety risk to children. In the presence of one or more of these findings, the delegate agency will be considered deficient.

Page 55 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

Follow-up to Deficiencies: Delegate agencies that are designated as deficient will receive a certified cover letter with the review report that identifies the deficiency and the non-compliances contributing to the deficiency(ies). The letter will be addressed to the Superintendent of the delegate agency. The cover letter will indicate that the delegate agency must submit to RCOE a Quality Improvement Plan (QIP) within 30 days calendar days of receipt of the report. The QIP must contain the following:

● A listing of each deficiency and non-compliance; ● An analysis of the causes for each deficiency and non-compliance; ● A plan and timeline for correction for each deficiency and non-compliance; ● A certifying statement that each deficiency and non-compliance will be corrected by the timeline proposed; ● Approval of the QIP by the delegates Board of Education/Directors and its Policy Committee.

RCOE will approve or disapprove the QIP within 30 days calendar days of the date of receipt of the QIP. If RCOE does not approve the QIP, it will provide the delegate with a letter outlining the reasons it is not approving the QIP and requiring a revised QIP within 15 days calendar days of receipt of RCOE’s letter disapproving the QIP.

During the corrective action period of the QIP, RCOE may require periodic written progress reports from the delegate agency. RCOE will make training and technical assistance available.

RCOE will schedule an on-site, follow-up review once the corrective action period of the QIP is over. The follow-up review will focus on the QIP to determine that, in fact, the deficiency(ies) have been corrected. RCOE will issue a letter that correction has been achieved. If RCOE has determined that the delegate agency has not achieved correction of the QIP, RCOE will move to defund or terminate the delegate agency consistent with termination provisions in the Grantee/delegate agency contract.

TRAINING/TECHNICAL ASSISTANCE

Training and/or technical assistance (T/TA) is viewed as an important element of monitoring. It is utilized to help prevent non-compliances and to focus attention on correction when non-compliances or systems issues have been identified.

The Grantee will determine, in consultation with delegate agencies and Grantee-operated sites the most appropriate means for T/TA in follow up to any identified findings or deficiencies. This could include a delegate’s direct T/TA funds and/or assistance from the Grantee. All requests for T/TA must be submitted using the ChildPlus T&TA request system. All T&TA requests must be submitted using ChildPlus.

1. DA Directors and management staff use ChildPlus and request T&TA

2. GO Site Managers use Childplus to request Direct Support.

3. The DA Coordinator will review and assign the request to the appropriate PDS Team member(s).

4. Following the training request assignment, the PDS staff communicates to the Delegate Agency director or GO SM or Coordinator to establish a training timeline.

5. PDS that provided Training will update the training information in ChildPlus.

6. PDS that provided technical assistance will complete T&TA summary notes in CP.

7. The status of TTA requests will be reviewed by the DA Coordinator and outcomes shared in PDS meetings and leadership meetings.

8. Following the T/TA, attendees will complete an evaluation for the training.

9. PDS may initiate a T/TA based on monitoring outcome. If PDS initiates a T/TA, #5 and #7 are followed. (See above) Page 56 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

Program Activities Monitoring Process 1302.102 (b) Monitoring Program Performance

PY 2017_18

Random File Selection Update Monitoring (DA- Cord.) Calendar Schedule (DA-Cord) Activities Biweekly (Monthly)

Planning Schedule Monitoring Sharing Activities on MS To GO Site Managers Outlook Calendar and DA Directors (PDS Team & DA- Cord.)

Grantee Monitoring Expected Outcome • 10% (funded enrollment) children files Review Monitoring • 100% Medication Administration Activities • 100% First Aid (PDS Team & DA- • 100% Safe Environment ChildPlus Cord.) • 75% Classroom Observation IMS Ongoing Monitoring & • 100% ADA (Grantee-Wide) every month Full Program Review • Fiscal Annually • Review Activities Review Program Management – 3x a year

Correct Findings (GO/DA) CAP Status CAP Creation & • Follow-up 10 days CAP Creation Item Past Due ChildPlus • 20 Days Resolve non- (PDS Team) IMS complaints Correction Closeout CAP Verification Monitoring events (PDS Team) CAP Status

Weekly Monthly Semi-Annual AdminAdmin Team Admin Team PC and Board

Monitoring Status reports, Admin Team PDS Team DA-Cord. Sends PDS Team Activities Report PDS Team determined by Activities Reports to DA ongoing oversight DADA Directors Directors & SM& PDS Team Reporting (DA-Cord.) DA Directors & data SMTeam Team DA Directors & SM Team SM Team

Page 57 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 EXHIBIT G SUB-RECIPIENT APPEAL PROCEDURES

Riverside County Office of Education Head Start/Early Head Start Appeal Process for Head Start/Early Head Start SUB-RECIPIENT Agencies.

It is the policy of RCOE to comply with all applicable laws and regulations pertaining to Head Start and Early Head Start. The Head Start Reauthorization of 2007 requires all Grantees to provide its SUB-RECIPIENT agencies with written appeal procedures in the event the Grantee rejects an application for its SUB-RECIPIENT agencies, fails to act on an application for continuous funding or terminates a contract for services. This policy does not apply to any contract for services other than that of a SUB-RECIPIENT agency. RCOE desires to treat all SUB-RECIPIENT agencies in a consistent manner in its review of funding applications, on-going monitoring and in the provision of training and technical assistance.

All SUB-RECIPIENT agencies must be afforded the same high quality and consistent review by the Grantee. This written policy provides for that consistency: (1) in making any determination to reject an application for continuation of services of a current SUB-RECIPIENT agency, (2) to fail to act on an application by a current or prospective SUB-RECIPIENT agency, (3) to reject an application for funding from a prospective SUB-RECIPIENT agency or, (4) in terminating a contract for services during the course of a program year with a current Head Start or Early Head Start SUB-RECIPIENT agency.

Standards regarding the termination of the SUB-RECIPIENT Agency agreement or the rejection of their refunding application are contained in the Head Start Performance Standards 1303 Subpart C-appeals by current or prospective SUB-RECIPIENT Agencies and in the RCOE SUB-RECIPIENT Agency contract, Section 75.2 Termination of Contract and/or Rejection in Whole or in Part of a Refunding Application.

Note: This appeal procedure does not apply to funding applications of current SUB-RECIPIENT agencies for cost- of-living allowances (COLA), program improvement funds (PIF), quality improvement funds (QI), expansion of services to additional children funding and any other funding that is not part of the original funding or refunding application for Head Start and/or Early Head Start.

Definitions: The following are definitions to be used with this these policies and procedures:

• Day – means the 24 hour period beginning at 12 a.m. local time and continuing for the next 24 hour period. It includes all calendar days unless otherwise expressly noted. • Denial of Refunding – means the refusal of a funding agency to fund an application for a continuation of a Head Start program for a subsequent program year when the decision is based on a determination that the Grantee has improperly conducted its program, or is incapable of doing so properly in the future, or otherwise is in violation of applicable law, regulations, or other policies. • Service of Process – whenever documents are required to be filed or served under the law or regulations, or notice provided per law or regulations, certified mail shall be used with a return receipt requested. Alternatively, any other system may be used that provides proof of the date of receipt of the documents by the addressee. If this regulation is not complied with, and if a party alleges that it failed to receive documents allegedly sent to it, there will be a rebuttable presumption that the document or notices were not sent as required by law or regulation, or as alleged by the party that filed to use the required mode of service. The presumption may be rebutted only by showing supported by a preponderance of evidence that the material was, in fact, submitted in a timely manner • Submittal – means the date of actual receipt or the date the material was served in accordance with law or regulation for providing documents or notices of appeals, and similar matters, to either Grantees, SUB- RECIPIENT agencies, prospective SUB-RECIPIENT agencies, or ACF • Work Day – means any 24 hour period beginning at 12 a.m. local time and continuing for 24 hours. It excludes Saturdays, Sundays, and legal holidays. Any time ending on one of the excluded days shall extend to 5 p.m. of the next full workday.

Page 58 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127

The official address of the SUB-RECIPIENT agency, as identified in the current contract or the last known address of the SUB-RECIPIENT agency as provided by the California Secretary of State will be used as the delivery address. It is the responsibility of the Superintendent to implement these policies and procedures upon recommendation from the Head Start Director. The Head Start Director will review all evidence and issue a recommendation regarding the above potential action(s) to the Superintendent. The RCOE Policy Council will be asked to approve/disapprove the recommendations of the Superintendent. All requirements of this policy will be in accordance with the current Head Start Act, regulations issued by the Office of Head Start and the contract for services between the RCOE Grantee and its respective SUB-RECIPIENT agencies.

Notification to the SUB-RECIPIENT Agency: Upon approval of the Superintendent’s recommendation by the Policy Council, the Superintendent will transmit to the SUB-RECIPIENT agency’s Superintendent a letter announcing RCOE’s acceptance or rejection of the SUB- RECIPIENT Agency’s refunding application in whole or in part or a funding and service area reduction within thirty days of receipt of the SUB-RECIPIENT Agency’s refunding application. A copy of this letter will also be sent to the Head Start/Early Head Start Director of the SUB-RECIPIENT agency. This letter may be transmitted in any means available to RCOE that provides for a signed receipt of the letter; i.e., certified, return receipt by the United States Postal Service; a private courier with signature receipt capabilities, or by a staff member of RCOE who provides the SUB-RECIPIENT agency with a signature receipt. Upon receipt of the signed acceptance by the SUB-RECIPIENT agency, a copy of the acceptance signature will be provided to the SUB-RECIPIENT agency and the original will be delivered to the RCOE Superintendent.

SUB-RECIPIENT Agency Request for Appeal: Within 10 work days of receipt of the letter to reject in whole or in part, the SUB-RECIPIENT agency must submit its written request for an appeal no later than 5:00 p.m. on that 10th day. The request and all supporting documentation must be submitted by the SUB-RECIPIENT agency by this deadline. No further documentation may be submitted by the SUB-RECIPIENT agency after the deadline.

RCOE response to SUB-RECIPIENT Appeal Request: Per Head Start regulations, within twenty (20) days (including weekends and holidays) RCOE will review the appeal and issue a decision. This review will take place via an appeals panel as follows:

The Riverside County Office of Education will establish a 3-member Appeal Panel. (Note: there are no federal regulations requiring that RCOE establish and use an appeals panel. RCOE may, at its own discretion and announcement to its SUB-RECIPIENT agencies, revise these policies and procedures to make a determination upon submission of documents only.)

The appeal panel will be individuals knowledgeable about Head Start/Early Head Start programs, regulations and legal contracts/grants. It is recommended that at least one (1) member of the Appeal Panel be an attorney with arbitration or negotiation experience. Immediately upon receipt of an appeal, the Grantee will prepare its written response. Copies of both the SUB-RECIPIENT agency’s written appeal materials and the Grantee’s response will be copied for delivery to the Appeal Panel and sent via courier/FEDEX for delivery to their respective office/home no later than 5:00 p.m. on the seventh (7th) day following receipt of the appeal by the SUB-RECIPIENT agency.

The Grantee will also deliver via courier to the Superintendent or Executive Director of the SUB-RECIPIENT Agency a written response indicating receipt of the appeal, as well as the RCOE Appeals Protocol. No further documentation may be submitted by either party to the Appeal Panel prior to, on the day of, or after the appeal meeting. The meeting will be held no later than 24 hours prior to the deadline for the Grantee to make a final decision on the appeal and to respond to the SUB-RECIPIENT agency.

Page 59 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 During the appeal meeting, the SUB-RECIPIENT agency requesting the appeal and the Grantee may have up to four (4) representatives to present their respective cases.

Pending clarification from the Office of Head Start: No more than one (1) of these four (4) individuals may be an attorney-at-law who is serving as the legal representative of the organization. If an attorney is retained by either the Grantee or the SUB-RECIPIENT agency, no Head Start or Early Head Start funds may be used to secure the services of the attorney. This is a violation of the Head Start Act and is grounds for immediate disallowance of all expenses paid to the attorney or his/her law firm.

The SUB-RECIPIENT agency and the Grantee will be limited to 30 minutes each to present their case to the Appeal Panel. The Appeal Panel will hear the SUB-RECIPIENT agency’s and RCOE’s presentation separately and without representation from the other party present. The Appeal Panel, consisting of both RCOE representatives and individuals from outside RCOE and knowledgeable about the Head Start and/or Early Head Start programs, will convene at 10:00 a.m. for introductions and to establish the appeal procedure rules (10:00 a.m. – 10:30 a.m.).

A RCOE staff representative or RCOE consultant will be present (from 10:00 a.m. to 12:30 p.m.) to assist the Appeal Panel with logistical support but will not participate in the discussions with either agency and will not sit in on the deliberations.

The SUB-RECIPIENT agency will present its case to the Appeal Panel (10:30 a.m. to 11:00 a.m.). The Appeal Panel may ask questions of the SUB-RECIPIENT agency (11:00 a.m. to 11:15 a.m.). The Grantee will present its case to the Appeal Panel (11:15 a.m. to 11:45 a.m.). The Appeal Panel may ask questions of the Grantee (11:45 a.m. to 12:00 noon). The Appeal Panel may request to ask follow-up questions of either party. The questions will be asked separately from either party (12:00 noon to 12:30 p.m.). All comments and materials will become part of the official record of the Appeal. The Appeal presentations and question periods will be tape-recorded.

The Appeal Panel will deliberate and arrive at a decision and notify the Grantee, in writing, no later than 5:00 p.m. or by 12:00 noon the following day in order for the Appeal Panel’s decision to be presented to the SUB-RECIPIENT agency as well as the Grantee by 5:00 p.m. of the day when the decision must be presented to the SUB-RECIPIENT agency. Refer to the flowchart for specific days for when the decision must be presented to both parties.

The Appeal Panel will have RCOE clerical assistance or access to a private office, a computer and a printer for preparation of their findings. The Appeal Panel findings will be addressed to: Superintendent, RCOE, official administrative office address of RCOE. The Grantee will send the findings of the Appeal Panel to the Superintendent of the SUB-RECIPIENT agency or Board Chairperson of a non-profit organization. NOTE: The rules for the conduct of the appeal meeting will be established by the Appeal Panel and will not be subject to any judicial rules that may apply in a court of law.

Appeal Panel Protocols • On the morning of the appeal, the appeal panel will have thirty (30) minutes to conduct introductions, conduct panel business and select a panel chairperson. • The charge for the appeal panel is to thoroughly review the appeal documentation provided by both parties, listen objectively to the presentations and responses to all questions, and render a well thought out and documented decision. Please see 45 Code of Federal Regulations 1303, attached, for the requirements of both the SUB- RECIPIENT agency in submitting an appeal and the requirements for RCOE’s response to the appeal. • The appeal panel will hear the presentations of both parties, ask questions, if necessary, and then take a lunch break from 1:00 – 2:00. Lunch will be provided by RCOE. • After the lunch break, the appeal panel will begin deliberations. The only time limit for deliberations is based on the need to provide the SUB-RECIPIENT agency with official notification of the appeal panel’s decision which is by 5:00 p.m., of the following day. A conservative estimate for delivering the panel’s decision to the SUB- Page 60 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 RECIPIENT agency is approximately five (5) hours. Therefore, all deliberations and a signed letter to the SUB- RECIPIENT agency with the appeal Panel’s decision would dictate a finish time of not later than 12:00 noon of the day after the Appeal Panel hears from each party. • The decision letter must be prepared with all three (3) Appeal Panel member’s signatures. The signed decision letter will be given to the Superintendent for delivery to the Superintendent or Executive Director of the SUB- RECIPIENT agency. • All Appeal Panel members have a single vote. A vote of 2 out of 3 panel members constitutes adoption of the recommendation to either (1) uphold RCOE’ decision in terminating its Contract for Delegation of Operation of Head Start with the SUB-RECIPIENT agency or funding and service area reductions effective the date that RCOE established, or (2) grant the SUB-RECIPIENT agency’s appeal and reverse RCOE’ decision. • A time clock will be available for the panel to time all presentations and “questions and answers (Q&A)” sessions. • If any member of the Appeal Panel must excuse themselves during a presentation or a Q&A session, the time clock will be stopped and the presentation and/or Q&A session will be halted until the return of the panel member. No further presentation or Q&A may continue without all three (3) appeal panel members present. • A tape recording of the presentation and Q&A sessions will be made to assist the Appeal Panel during their deliberations. The tape recording will be used to review presentation material or answers to questions. Upon conclusion of the RCOE appeal process and after the Appeal Panel has rendered its decision, the tape recording will be held by RCOE’ General Counsel until the conclusion of all applicable appeals, including any appeal to the Administration for Children and Families (ACF). Upon conclusion of all appeals, the tape recording will be destroyed. • The appeal panel must provide the reason for its decision, citing any documentation, as necessary.

Notes: (1) If a SUB-RECIPIENT agency’s operating funds are exhausted before its appeal has been decided, the Grantee will furnish sufficient funds for the maintenance of the SUB-RECIPIENT agency’s current level of operations until a final administrative decision has been reached.

(2) There are no Federal regulations requiring the RCOE Grantee to conduct a hearing for the SUB-RECIPIENT agency to present its appeal. The Grantee may, at its own discretion and announcement to its SUB-RECIPIENT agencies, revise these policies and procedures to make a determination upon submission of documents only.

(3) There are a number of Federal regulations that require appeals and notices to be “in writing” or “written”. Below is a partial listing of those Federal regulations: 1303.20(b), 1303.20(c), 1303.20(d), 1303.20(e)(1), 1303.21(a), 1303.21(c), 1303.21(d), 1303.21(h), 1303.22(c), 1303.23(a), and 1303.23(b). Other references to “in writing” or “written” are in the form of “submit documentation” or “copies of”. It is strongly recommended that all “notices” be “in writing”.

SUB-RECIPIENT Agency response to RCOE’s decision of their appeal: Per Head Start regulations, any current or prospective SUB-RECIPIENT agency that is dissatisfied with the decision of RCOE rendered under Sec. 1303.20 may appeal to the responsible HHS, ACF, Region IX official whose decision is final and not appealable to the Director, Office of Head Start. Such an appeal must be in writing and must be submitted within 10 work days after receipt of RCOE’s final decision, and it must fully set forth the grounds for the appeal and be accompanied by all documentation that the current or prospective SUB-RECIPIENT agency believes is relevant and supportive of this position, including all written material or documentation submitted to the grantee under the procedures set forth in Sec. 1303.20, as well as a copy of any decision rendered by the grantee. A copy of the appeal and all material filed with the responsible HHS official must be simultaneously served on the grantee. (b) In providing the information required by paragraph (a) of this section, SUB-RECIPIENT agencies must set forth:

Page 61 of 63 Agreement Number C1006239 Fiscal Year 2017 – 2018 Entity Identifier 012 FAIN Number 9CH9127 (1) Whether, when and how the grantee advised the SUB-RECIPIENT agency of alleged defects and deficiencies in the SUB-RECIPIENT agency's application or in the operation of its program prior to the grantee's rejection or termination notice; (2) Whether the grantee provided the SUB-RECIPIENT agency reasonable opportunity to correct the defects and deficiencies, the details of the opportunity that was given and whether or not the grantee provided or provided for technical advice, consultation, or assistance to the current SUB-RECIPIENT agency concerning the correction of the defects and deficiencies; (3) What steps or measures, if any, were undertaken by the SUB-RECIPIENT agency to correct any defects or deficiencies; (4) When and how the grantee notified the SUB-RECIPIENT agency of its decision; (5) Whether the grantee told the SUB-RECIPIENT agency the reasons for its decision and, if so, how such reasons were communicated to the SUB-RECIPIENT agency and what they were; (6) If it is the SUB-RECIPIENT agency's position that the grantee acted arbitrarily or capriciously, the reasons why the SUB-RECIPIENT agency takes this position; and (7) Any other facts and circumstances which the SUB-RECIPIENT agency believes supports its appeal. (c) The grantee may submit a written response to the appeal of a prospective SUB-RECIPIENT agency. It may also submit additional information which it believes is relevant and supportive of its position. (d) In the case of an appeal by a SUB-RECIPIENT agency, the grantee must submit a written statement to the responsible HHS official responding to the items specified in paragraph (b) of this section. The grantee must include information that explains why it acted properly in arriving at its decision or in failing to act, and any other facts and circumstances which the grantee believes supports its position. (e) (1) the responsible HHS official may meet informally with the current or prospective SUB- RECIPIENT agency if such official determines that such a meeting would be beneficial to the proper resolution of the appeal. Such meetings may be conducted by conference call. (2) An informal meeting must be requested by the current or prospective SUB-RECIPIENT agency at the time of the appeal. In addition, the grantee may request an informal meeting with the responsible HHS official. If none of the parties requests an informal meeting, the responsible HHS official may hold such a meeting if he or she believes it would be beneficial for a proper resolution of the dispute. Both the grantee and the current or prospective SUB-RECIPIENT agency may attend any informal meeting concerning the appeal. If a party wishes to oppose a request for a meeting it must serve its opposition on the responsible HHS official and any other party within five work days of its receipt of the request. (f) A grantee's response to appeals by current or prospective SUB-RECIPIENT agencies must be submitted to the responsible HHS official within ten work days of receipt of the materials served on it by the current or prospective SUB-RECIPIENT agency in accordance with paragraph (a) of this section. The grantee must serve a copy of its response on the current or prospective SUB-RECIPIENT agency. (g) The responsible HHS official shall notify the current or prospective SUB-RECIPIENT agency and the Grantee whether or not an informal meeting will be held. If an informal meeting is held, it must be held within ten work days after the notice by the responsible HHS official is mailed. The responsible HHS official must designate either the Regional Office or the place where the current or prospective SUB-RECIPIENT agency or grantee is located for holding the informal meeting. (h) If an informal meeting is not held, each party shall have an opportunity to reply in writing to the written statement submitted by the other party. The written reply must be submitted to the responsible HHS official within five work days after the notification required by paragraph (g) of this section. If a meeting is not to be held, notice of that fact shall be served on the parties within five work days of the receipt of a timely response to such a request or the expiration of the time for submitting a response to such a request. (i) In deciding an appeal under this section, the responsible HHS official will arrive at his or her decision by considering: (1) The material submitted in writing and the information presented at any informal meeting; (2) The application of the current or prospective SUB-RECIPIENT agency; (3) His or her knowledge of the grantee's program as well as any evaluations of his or her staff about the grantee's program and current or prospective SUB-RECIPIENT agency's application and prior performance; and (4) Any other evidence deemed relevant by the responsible HHS official.

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HHS Decision on appeal in favor of grantee: Per Head Start regulations (Sec. 1303.22 Decision on appeal in favor of grantee.) (a) If the responsible HHS official finds in favor of the grantee, the appeal will be dismissed unless there is cause to remand the matter back to the grantee. (b) The grantee's decision will be sustained unless it is determined by the responsible HHS official that the grantee acted arbitrarily, capriciously, or otherwise contrary to law, regulation, or other applicable requirements. (c) The decision will be made within ten workdays after the informal meeting. The decision, including a statement of the reasons therefore, will be in writing, and will be served on the parties within five workdays from the date of the decision by the responsible HHS official. (d) If the decision is made on the basis of written materials only, the decision will be made within five workdays of the receipt of the materials. The decision will be served on the parties no more than five days after it is made.

HHS Decision on appeal in favor of the current or prospective SUB-RECIPIENT agency (Sec. 1303.23 Decision on appeal in favor of the current or prospective SUB-RECIPIENT agency.) (a) The responsible HHS official will remand the rejection of an application or termination of an agreement to the grantee for prompt reconsideration and decision if the responsible HHS official's decision does not sustain the grantee's decision, and if there are issues which require further development before a final decision can be made. The grantee's reconsideration and decision must be made in accordance with all applicable requirements of this part as well as other relevant regulations, statutory provisions, and program issuances. The grantee must issue its decision on remand in writing to both the current or prospective SUB- RECIPIENT agency and the responsible HHS official within 15 workdays after the date of receipt of the remand. (b) If the current or prospective SUB-RECIPIENT agency is dissatisfied with the grantee's decision on remand, it may appeal to the responsible HHS official within five workdays of its receipt of that decision. Any such appeal must comply with the requirements of Sec. 1303.21 of this part. (c) If the responsible HHS official finds that the grantee's decision on remand is incorrect or if the grantee fails to issue its decision within 15 work days, the responsible HHS official will entertain an application by the current or prospective SUB-RECIPIENT agency for a direct grant. (1) If such an application is approved, there will be a commensurate reduction in the level of funding of the grantee and whatever other action is deemed appropriate in the circumstances. Such reduction in funding shall not be considered a termination or denial of refunding and may not be appealed under this part. (2) If such an application is not approved, the responsible HHS official will take whatever action he or she deems appropriate under the circumstances. (d) If, without fault on the part of a SUB-RECIPIENT agency, its operating funds are exhausted before its appeal has been decided, the grantee will furnish sufficient funds for the maintenance of the SUB- RECIPIENT agency's current level of operations until a final administrative decision has been reached. (e) If the responsible HHS official sustains the decision of the grantee following remand, he or she shall notify the parties of the fact within 15 work days of the receipt of final submittal of documents, or of the conclusion of any meeting between the official and the parties, whichever is later.

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