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Bernalillo approves four-year maintenance-and-repair MOU with ESCAFCA
Summary
The Town of Bernalillo approved a Memorandum of Understanding with the Eastern Sandoval County Arroyo Flood Control Authority (ESCAFCA) authorizing the town to perform maintenance and repair work on ESCAFCA stormwater facilities, reimbursed at actual cost, with a term not to exceed four years and a 60-day termination clause.
The Town of Bernalillo governing body approved a Memorandum of Understanding (MOU) with the Eastern Sandoval County Arroyo Flood Control Authority (ESCAFCA) to formalize how the town will perform maintenance and repair services on ESCAFCA stormwater facilities.
According to the MOU text presented to the council, ESCAFCA will inspect its facilities and categorize needed work as critical, urgent or routine and submit inspection reports that may request cost estimates. The town may perform work with in‑house staff or contractors (examples listed include sediment and trash removal, vegetation control, minor concrete repair, Vactor services and erosion control). ESCAFCA will reimburse the town for actual costs; ESCAFCA may also seek work from other sources if desired.
The agreement sets a term of up to four years, allows termination on 60 days' written notice, requires both parties to comply with the State Procurement Code and the Office of State Auditor rules for procurement and states that liabilities are subject to the immunities and limitations of the New Mexico Tort Claims Act (NMSA 1978, §41‑4‑1 et seq.).
Councilor Prairie moved to approve the MOU and Councilor Jaramillo seconded; the motion carried unanimously. The minutes record the MOU’s primary operational provisions and procedural steps for inspection requests, cost estimates and invoicing; no separate procurement or budget appropriation is recorded in the minutes beyond the general reimbursement language.
The town identified the Public Works Director (or designee) as its point of contact; ESCAFCA’s point of contact is the Executive Engineer, his designee or a specific board member. The council’s approval authorizes staff to proceed under the MOU’s terms and to invoice ESCAFCA as described.
