REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 11, 2025
FROM
DAVID MYERS, Director, Museum
SUBJECT
Title
Non-Financial Memorandum of Understanding with the San Bernadino Valley Water Conservation District for Water Wise Garden at the Redlands Museum
End
RECOMMENDATION
Recommendation
Approve non-financial Memorandum of Understanding, including non-standard terms, with the San Bernardino Valley Water Conservation District for the design, development, and installation of a water wise garden along with interpretative signage on certain premises located at the Redlands Museum, for a five-year term, commencing upon mutual execution.
(Presenter: David Myers, Director, 798-8601)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). San Bernardino Valley Water Conservation District (SBVWCD) shall design, develop, and install a water wise garden at the Redlands Museum at no cost to San Bernardino County Museum (Museum) and Museum shall provide premises at the Redlands Museum for the garden site, pay all water and utility costs, and maintain the garden at no cost to SBVWCD. These garden areas are currently maintained by Museum, so cost increases are not expected.
BACKGROUND INFORMATION
Museum provides county residents access to educational exhibits and programs across two museums and five historic sites. The Redlands Museum campus, which is located on a 6.5-acre property, features exhibits in cultural and natural history within a museum facility, as well as outdoor garden spaces.
To activate and showcase the Redlands campus gardens and create engaging and impactful exhibits promoting water conservation, Museum seeks to enter into a Memorandum of Understanding (MOU) with SBVWCD for SBVWCD to design, develop, and install a water wise garden and interpretative signage.
The MOU is for a term of five years, commencing on mutual execution, provided that the County may terminate the MOU on not less than 30 days prior written notice and SBVWCD may terminate the MOU if, prior to the completion of the water wise garden, it incurs aggregate costs that exceed $200,000; in which case, SBVWCD shall restore the premises to its original condition. The MOU also provides that Museum will provide input on the design of the garden, which will be installed by SBVWCD and open to the public by no later than December 31, 2026.
While the parties negotiated certain contract terms to County standards, as a public entity SBVWCD requires mutual indemnification. The MOU contains the following non-standard term:
1. The County is required to indemnify, defend, and hold harmless SBVWCD and its officers, employees, agents and volunteers from any and all claims and damages arising from the MOU due to the County’s negligence and willful misconduct.
• The County standard contract term does not include any indemnification or defense by the County of the other party.
• Potential Impact: By agreeing to indemnify SBVWCD, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against SBVWCD without such limitations and the County would be responsible to defend and reimburse SBVWCD for costs, expenses, and damages, which could exceed the in-kind consideration of the MOU.
Museum recommends approval of the MOU with SBVWCD, including the non-standard term, to allow the design, development, and installation of a water wise garden along with interpretative signage on certain premises located at the Redlands Museum.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Kaleigh Ragon, Deputy County Counsel, 387-5455) on January 10, 2025; Finance (Elias Duenas, Finance Analyst, 387-4052) on January 19, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on January 21, 2025.