REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 1, 2026
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
BEAHTA R. DAVIS, Director, Regional Parks Department
SUBJECT
Title
Cooperative Agreement with the Inland Empire Resource Conservation District for the Implementation of the Habitat Restoration Plan for the Santa Ana River Trail Phase III Project
End
RECOMMENDATION(S)
Recommendation
1. Approve Cooperative Agreement, including non-standard terms, with Inland Empire Resource Conservation District, for Implementation of the Habitat Restoration Plan for the Santa Ana River Trail Phase III Project in the San Bernardino and Redlands area, in the amount of $274,837, for the term of September 1, 2026, through August 31, 2033, with two additional one-year extension options by mutual written agreement of the parties.
2. Authorize the Director of the Department of Public Works to sign amendments to extend the term of the cooperative agreement for a maximum of two additional one-year extensions, with no increase in total contract amount, subject to review by County Counsel.
3. Direct the Director of the Department of Public Works to transmit amendments to extend the term to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The total estimated cost for implementation of the Habitat Restoration Plan for the Santa Ana River Trail Phase III Project in the San Bernardino and Redlands area is $274,837, which will be funded entirely by a Transportation Development Act (TDA) Article 3 grant award from the San Bernardino County Transportation Authority (SBCTA). Sufficient appropriation and revenue are included in the Department of Public Works 2026-27 Road Operations budget (6650002000 H13463).
BACKGROUND INFORMATION
On April 24, 2001 (Item No. 067), the San Bernardino County Board of Supervisors (Board) accepted TDA Article 3 grant award funding in the amount of $1,600,000 for implementation of the Santa Ana River Trail Phase III Project (Project), which consists of construction of a 3.8-mile trail segment on the south side of the Santa Ana River, from Waterman Avenue in the City of San Bernardino to California Street in the City of Redlands. In April 2022, SBCTA extended the grant’s deadline for expenditure through the end of 2028. The Board awarded Construction Contract No. 22-998 to H&H General Contractors on October 25, 2022 (Item No. 70), to construct the Project.
Prior to the commencement of construction of the Project, the County was required to obtain State and Federal regulatory permits, including a California Department of Fish and Game Code 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, a Section 404 Permit from the U.S. Army Corps of Engineers, and a Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Control Board. These permits require the County to minimize the Project’s environmental impacts to protected water resources by restoring habitat impacted by construction. To fulfill its obligations, the County prepared a Habitat Restoration Plan (HRP) to restore approximately 1.36 acres along the Santa Ana River.
The HRP aims to support growth of native plants and wildlife, create and improve habitat for special-status species, and reduce non-native and invasive plant populations. Project construction is complete, and implementation of the HRP will begin after approval of the Cooperative Agreement.
In January 2025, the County identified the Inland Empire Resource Conservation District (IERCD), a public agency and special district within the State of California whose purpose is to promote open space preservation, wildland rehabilitation within northwestern Riverside and southwestern San Bernardino counties, as best qualified to implement the County’s Habitat Restoration Plan within the budget allocated for restoration activities. On March 14, 2025, the IERCD Board of Directors authorized and submitted a proposal to the County to implement the HRP for the Project. IERCD is authorized to cooperate and enter into contracts or agreements with the County, pursuant to California Public Resources Code section 9408, in furtherance of the provisions of Division 9 of the California Public Resources Code. This includes efforts to support the protection, conservation, restoration, and enhancement of natural resources, as well as the mitigation of and adaptation to changing environmental conditions and advancing the goals of the County’s Habitat Restoration Plan. Approval of this item will result in an agreement with IERCD to carry out the HRP.
The Cooperative Agreement defines each party’s responsibilities in relation to the implementation and completion of the County’s HRP and will remain in effect through August 31, 2033, unless completed or terminated earlier. The term may be extended by mutual agreement if additional time is needed to obtain final regulatory approval.
Because the TDA Article 3 grant funds must be expended by the end of 2028 and SBCTA will not extend that deadline, the County will pay IERCD the $274,837 Restoration Fee in full after execution of the Cooperative Agreement. Payment does not constitute completion or acceptance of IERCD’s work. IERCD remains contractually obligated to complete the required restoration, monitoring, and related activities through the Cooperative Agreement term.
The County retains the right to review, audit, and monitor IERCD’s performance and records. Either party may also cancel the Cooperative Agreement upon 30 days’ written notice. If cancelled, IERCD may retain costs already incurred but must refund any unused portion of the Restoration Fee. These provisions allow the County to meet the grant expenditure deadline while retaining oversight and contractual remedies if IERCD does not perform.
The Cooperative Agreement also includes terms that differ from the standard County contract and omit certain County standard language. The non-standard and missing terms include the following:
1. Both IERCD and the County are required to mutually indemnify each other against any damage or liability occurring by reason of any acts or omissions on the part of the other party under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of each other under this Cooperative Agreement. In the event that IERCD or County is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Cooperative Agreement, IERCD and County shall indemnify the other to the extent of its comparative fault.
• The County standard contract requires contracting parties to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors, or omissions of any person. The County standard contract also does not include any mutual indemnification to a contractor, vendor, or other contracting party.
• Potential Impact: By agreeing to indemnify IERCD 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 the County without such limitations and County would be responsible to defend and reimburse IERCD for costs, expenses, and damages, which could exceed the total contract amount.
2. The Cooperative Agreement imposes insurance obligations on the County.
• The Standard County contract does not include any insurance requirements for the County.
• Potential Impact: The County must be mindful of the insurance obligations and ensure that it maintains all the necessary insurance policies or programs of self-insurance required under the Cooperative Agreement or risk being in breach of the Cooperative Agreement terms.
The Department recommends approving the Cooperative Agreement, with non-standard terms, in order to procure the necessary services to implement and complete the County’s HRP, in compliance with state and federal permit requirements for the Project. The Agreement will utilize $274,837 in remaining funds from the previously awarded TDA Article 3 grant; all HRP implementation activities are grant eligible, and the Cooperative Agreement’s payment provisions are consistent with the grant’s extended deadline for expenditure.
Following Board approval of this item, implementation of the HRP is anticipated to begin in the Fall of 2026, with initial restoration work to complete in the Spring of 2027, followed by five years of progress reporting and an additional year to obtain sign-off by the above-referenced State and Federal regulatory agency staff that Project restoration requirements have been met.
The Project is consistent with the County and Chief Executive Officer's goals and objectives. The Project advances the Countywide Vision by enhancing recreational opportunities that complement the County's natural resources while promoting the health, well-being, and quality of life of county residents. In addition, the Project fosters strategic partnerships through a mutually beneficial Cooperative Agreement with a State Conservation District to implement required restoration services in a cost-effective and efficient manner, supporting long-term environmental stewardship and regulatory compliance.
PROCUREMENT
In January 2025, the County identified IERCD as qualified to implement the County’s HRP under a cooperative agreement pursuant to California Public Resources Code section 9408, in furtherance of the provisions of Division 9 of the California Public Resources Code. IERCD is an independent special district whose mission is to support the conservation and management of environmental resources in the Inland Empire and who have the resources and expertise to implement the HRP in a responsible and cost-effective manner.
On March14, 2025, the IERCD Board of Directors authorized and submitted a proposal to the County to implement the HRP for the Project. Approval of this item will result in a cooperative agreement with IERCD to carry out the HRP with a term effective September 1, 2026, through August 31, 2033. Purchasing supports the non-competitive procurement with IERCD for implementation of the HRP for the Project based on government mandate.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on August 26, 2026; Purchasing (Michael Reyna, Lead Buyer, 387-2233) on August 3, 2026; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on July 29, 2026; and County Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020) on August 14, 2026.