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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 21, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Memorandum of Understanding (MOU) with County of San Bernardino for Street Maintenance and Repairs
and Flood Control Facilities Maintenance and Repairs
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California,
1. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Street Maintenance and Repairs; and
2. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Flood Control Facilities Maintenance and Repairs
Executive Summary
The proposed Memoranda of Understanding (MOUs) between the City of San Bernardino and the County of San Bernardino establish a collaborative and cost- effective framework for conducting maintenance and repairs on shared streets, highways, and flood control facilities within the City. These agreements, effective for a term of five years through February 28, 2030, cap project costs at $60,000 per project for flood control work and $45,000 per project for street maintenance, with annual limits of $100,000 per party. The MOUs ensure a streamlined process for allocating responsibilities and reducing financial risks associated with independent maintenance efforts, ensuring a continued cooperative approach to managing the City's critical infrastructure.
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Background
The County of San Bernardino and the City of San Bernardino share jurisdiction over several streets, and there are multiple County flood control facilities within the City’s boundaries. These streets, flood control facilities, and associated infrastructure require occasional maintenance and repairs. Entering into a Memorandum of Understanding (MOU) between the County and the City provides a more efficient and cost-effective approach to managing these maintenance needs compared to each jurisdiction conducting repairs separately. By working together, both agencies can minimize disruptions to the public and nearby businesses or residents. While a previous MOU for these purposes was in place from September 2019 through September 2024, it was never utilized. However, extending the agreement remains crucial to ensure the City is prepared to handle future maintenance requirements and to avoid potentially higher costs from managing major repairs independently.
Discussion
The proposed MOUs between the County of San Bernardino and the City of San Bernardino establishes a collaborative framework for the maintenance and emergency repair of shared streets, flood control facilities, and related infrastructure within the City’s boundaries. By partnering with the County, the City can address maintenance needs more efficiently, reducing overall costs and minimizing disruptions to residents and businesses. The agreement enables both agencies to share the responsibility for routine and emergency repairs, ensuring a coordinated approach that reduces the strain on City resources while keeping public infrastructure in good condition.
The agreements set forth clear guidelines for financial responsibility, project approval, and scope of work. Key provisions include:
Street Maintenance and Repairs:
oEach project shall not exceed $45,000.
oThe annual cost for all projects shall not exceed $100,000 per party. oWork includes street paving, striping, grading, drainage facility repairs, and emergency storm cleanup.
Flood Control Facilities Maintenance and Repairs:
oEach project shall not exceed $60,000.
oThe annual cost for all projects shall not exceed $100,000 per party. oWork includes flood control channel maintenance, culvert repair, storm debris removal, and emergency flood response.
When maintenance or repairs are needed, the requesting agency—either the City or the County—must first submit a formal Notice to Proceed outlining the specific location, the scope of work, an estimated schedule, and any special service requirements. The Notice to Proceed ensures that both agencies agree on the details of the project before any work begins.
Once a Notice to Proceed is submitted, the receiving agency reviews the request and prepares a cost estimate based on approved labor and equipment rates, material 2 0
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costs, and any depreciation and maintenance expenses associated with using heavy machinery. If requested, this estimate is provided to the requesting agency for review before work begins. Once approved, the performing agency—whether it is the City or the County—schedules and executes the work using its own labor force or contractors. If the work requires access to another agency’s jurisdiction, the performing agency must obtain a no-cost permit from the requesting agency to ensure proper coordination.
After completing the work, the performing agency submits a detailed invoice to the requesting agency, including a line-item breakdown of labor, materials, and equipment costs. The requesting agency is then required to reimburse the performing agency within 60 days of receiving the invoice. Cost controls are built into the agreement, with each individual project capped at $45,000 for street maintenance and $60,000 for flood control work, while the total amount spent per agency per year cannot exceed $100,000 unless additional approvals are granted. Both agencies must comply with state labor laws, prevailing wage requirements, and environmental regulations such as CEQA, and any contractors performing work must carry adequate insurance coverage that names the City or County as an additional insured.
In the case of emergency work, such as flood response or urgent road repairs, the same process applies but can be expedited as necessary. Emergency requests follow the same Notice to Proceed and cost estimation procedures but can be approved immediately to ensure work begins without delay. While the cost caps still apply, additional emergency funding can be secured if required. Once emergency work amounts are agreed upon, staff will return to council to have the repairs approved by Council based on the City’s purchasing guidelines.
Although the MOUs set forth a structure for maintenance and emergency repair coordination between the City and County, staff are not recommending the adoption of any funding as part of this action. These MOUs are strictly collaborative agreements that enable future work if and when the need arises.
There are several reasons for this approach:
First, while similar MOUs were in place from 2019 through 2024, they were never utilized. Allocating funds without a demonstrated need would not be a prudent use of City resources and could unnecessarily tie up limited budget capacity that may be better applied to active, critical priorities.
Second, depending on the nature of a future repair or maintenance project, different funding sources may be more appropriate, such as Gas Tax, Measure I, or Road Maintenance and Rehabilitation Account (RMRA) funds. Prematurely identifying a funding source could limit the City's flexibility and risk misalignment with eligibility requirements or available fund balances. In some cases, such as maintenance-related work, funding may not qualify under the City’s Development Impact Fee (DIF) Nexus Study.
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Third, the MOUs themselves require a formal Notice to Proceed for any work to begin, and if the work is not an emergency, staff will return to City Council to request funding approval on a case-by-case basis. This process ensures fiscal transparency, consistency with the City’s procurement policies, and proper oversight.
Lastly, in the event of an emergency, the City’s Municipal Code allows for emergency procurement and funding procedures. Public Works can identify the most appropriate source of funds at that time, including disaster recovery funds if a declared emergency qualifies for state or federal reimbursement—and proceed accordingly under established emergency provisions.
This approach maintains flexibility, protects limited resources, and ensures that any future funding allocations are made with clear justification and in full alignment with project scope, fund eligibility, and Council direction. 2021-2025 Strategic Targets and Goals
Approval of this MOU order aligns with Key Target No.1: Increased Financial & Operational Capacity by ensuring cost-effective and efficient maintenance of shared streets and flood control facilities. This partnership allows the City to address necessary repairs proactively, preserving infrastructure, reducing long-term costs, and minimizing disruptions to residents and businesses.
Fiscal Impact
There is no impact to the general fund with this action. There is no funding source identified at this time. All funding will be secured on an as-needed basis through contract task orders that will be approved by the council based on purchasing guidelines.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California,
1. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Street Maintenance and Repairs; and
2. Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Flood Control Facilities Maintenance and Repairs
Attachments
Attachment 1 - Memorandum of Understanding (MOU) with the County of San Bernardino for Street Maintenance and Repairs
Attachment 2 - Memorandum of Understanding (MOU) with the County of San Bernardino for Flood Control Facilities Maintenance and Repairs Attachment 3 - City of San Bernardino Cooperative Agreement Area Map 2 0
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Ward:
All Wards
Synopsis of Previous Council Actions:
September 4, 2019 Resolution No. 2019-280 of the Mayor and City Council of the City of San Bernardino, California, approving the
Memorandum of Understanding (MOU) with the County of
San Bernardino for (1) Street Maintenance and Repairs
and (2) Flood Control Facilities Maintenance and Repairs.