REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
November 3, 2026
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SUBJECT
Title
Memorandum of Understanding between Owner Counties and Government Participants for the Use of the Secure Government to Government Portal
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Approve Memorandum of Understanding between Owner Counties and Government Participants, including non-standard terms, for the use of the Secure Government to Government Portal, for the electronic submission of documents for recording, effective upon execution for a term of five years, with the option to extend the term by written agreement for up to one additional year.
2. Authorize the Fire Chief/Fire Warden to execute all necessary documentation related to the Memorandum of Understanding, including Attachment B, and any non-substantive amendments to the Memorandum of Understanding, subject to County Counsel review.
3. Direct the Fire Chief/Fire Warden to transmit the fully executed Memorandum of Understanding and any non-substantive amendments to the Secretary of the Board of Directors within 30 days of execution.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Enhance Readiness for Major Emergency Responses.
FINANCIAL IMPACT
Approval of this Memorandum of Understanding (MOU) will not result in the use of Discretionary General Funding (Net County Cost). Under the MOU, the San Bernardino County Fire Protection District (SBCFPD) is exempt from fees for use, maintenance, and technical support of the Statewide Electronic Courier Universal Recording Environment (SECURE) Government to Government (G2G) Portal.
The San Bernardino County G2G e-Recording requirements provide that the submitting agency is responsible for incidental applicable recording fees or any applicable startup costs, which may be paid by electronic funds transfer or check. Any such costs will be paid from the 2026-27 Fire Hazard Abatement (FHA) Program budget (1062022410).
BACKGROUND INFORMATION
Effective July 1, 2026, responsibility for administration and delivery of the FHA Program transitioned from the San Bernardino County Land Use Services Department (LUS) to SBCFPD. SBCFPD, through the Fire Chief/Fire Warden and designated personnel will perform the operational and enforcement functions of the FHA Program, including inspections, enforcement coordination, abatement oversight, and related fire hazard abatement services.
SBCFPD’s Office of the Fire Marshal is implementing the FHA Program. As part of this process, SBCFPD requires the ability to electronically submit recordable documents, including liens and lien releases, to the San Bernardino County Assessor-Recorder-County Clerk (Recorder). The Fire Hazard Abatement system uses SECURE G2G as the electronic portal for transmitting these documents to the Recorder. SBCFPD must establish its own SECURE G2G account and cannot use an existing account maintained by another County department.
SECURE G2G is a multi-county electronic recording system owned by the Counties of Los Angeles, Orange, Riverside, and San Diego (Owner Counties), with the Orange County Clerk-Recorder acting as the Lead County. The SECURE G2G Portal permits qualifying government agencies to electronically submit recordable documents to participating county recorders. The MOU establishes the requirements, rules, and policies governing a government agency's use of the SECURE G2G Portal.
Government Code section 27279 permits a county recorder to accept digitized or digital images of recordable instruments from qualifying government entities when the requester and addressee for delivery of the recorded images are the same government entity. The MOU relies upon this statutory authority for government-to-government electronic recording.
On April 7, 2020 (Item No. 13), and June 27, 2023 (Item No. 28), the San Bernardino County Board of Supervisors approved a similar MOU template between the Owner Counties and the San Bernardino County Assessor-Recorder-County Clerk for use by County departments and authorized County department directors, or their designees, to execute the template when needed to obtain access to SECURE. Those prior authorizations applied to County departments and did not separately authorize SBCFPD to enter into the MOU. Approval of the MOU will provide SBCFPD with the necessary authority to establish its own SECURE G2G account and electronically submit its recordable documents.
Under the MOU, SBCFPD will be responsible for the accuracy, completeness, and content of documents it submits; maintaining the security of its credentials; notifying the Lead County of security incidents; complying with the individual recording requirements of participating counties; and addressing technical and operational issues associated with its submissions.
Attachment B establishes San Bernardino County-specific operational requirements, including submission deadlines, correction procedures, recording fees, scanning standards, account setup, and monthly billing and reconciliation procedures.
SBCFPD is requesting a delegation of authority as this will allow SBCFPD to proceed to execute all necessary documentation related to the MOU, any non-substantive amendments, and accept the associated operational obligations, subject to County Counsel review. This will allow SBCFPD to electronically submit recordable documents directly to the Recorder in accordance with applicable statutory and recording requirements.
The MOU contains terms that differ from the standard County contract. The non-standard terms include the following:
1. The Owner Counties and Partner Counties limit their liability to SBCFPD for damages arising from use of the SECURE G2G Portal (Section 12).
• The County standard contract does not permit a contractor to limit its liability in the performance of the contract.
• Potential Impact: The Owner Counties and Partner Counties disclaim liability for damages arising from transmitted information, security breaches or fraud, software or equipment failures, delays or power failures, restrictions or termination of SBCFPD’s access to the SECURE G2G Portal, and claims concerning electronic transactions. The MOU also generally excludes special, incidental, exemplary, and consequential damages. As a result, SBCFPD may have limited contractual recourse for losses arising from use or interruption of the SECURE G2G Portal and may be financially responsible for losses that would otherwise be recoverable under the County standard contract.
2. SBCFPD is required to indemnify, defend, and hold harmless the Owner Counties for certain claims arising from SBCFPD's performance under the MOU (Section 13).
• The County standard contract does not require the County to indemnify or defend a contractor. For agreements with other government entities, County Policy 11-05 permits mutual comparative-fault indemnification.
• Potential Impact: SBCFPD is required to defend and indemnify the Owner Counties against claims arising from SBCFPD's acts or omissions under the MOU, except to the extent caused by the sole negligence or willful misconduct of the Owner Counties, and against claims involving fraud arising from SBCFPD's electronic recording transactions. SBCFPD could therefore be responsible for defense costs, attorney's fees, expenses, and damages that are not subject to a stated monetary cap and could exceed the amounts paid under the MOU.
3. The Owner Counties may suspend SBCFPD's access to the SECURE G2G Portal or immediately terminate the MOU under certain circumstances (Sections 11 and 14).
• The County standard contract reserves the County's right to terminate a contract for convenience upon 30 days' notice.
• Potential Impact: Although SBCFPD may terminate the MOU upon 30 calendar days' written notice, the Owner Counties may suspend SBCFPD's access or immediately terminate the MOU for default or when they determine termination is necessary under the circumstances identified in the MOU. Suspension or termination could interrupt SBCFPD's ability to electronically record documents through SECURE and require SBCFPD to use an alternative recording process.
4. Venue for disputes arising under the MOU is exclusively in Orange County (Section 16).
• The County standard contract requires California governing law and venue in San Bernardino County.
• Potential Impact: Although the MOU is governed by California law, any legal action to enforce or interpret the MOU must be brought in Orange County. Litigating outside San Bernardino County may result in additional costs and administrative burdens to SBCFPD.
5. The MOU does not include the County’s standard insurance requirements.
• County Standard: County Policy 11-05 requires insurance terms to mirror the insurance provisions in County Policy 11-07 Standard Practice, unless Risk Management approves a revision to the standard insurance requirements.
• Potential Impact: The MOU does not require the Owner Counties to maintain specified insurance coverage, limits, or equivalent self-insurance. As a result, SBCFPD has no contractual assurance of specified coverage for claims or losses arising under the MOU, which may limit available financial protection for losses associated with use of the SECURE G2G Portal.
SBCFPD recommends approval of the MOU, including the non-standard terms, because participation in SECURE G2G will allow SBCFPD to use the existing multi-county electronic recording system utilized by the San Bernardino County Recorder and will facilitate the electronic recording of liens, lien releases, and other recordable documents generated through SBCFPD's Fire Hazard Abatement program.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on October 28, 2026; Risk Management (Rebecca Suarez, Director, 386-8723) on September 18, 2026; and County Finance and Administration (Matthew Dalton, Administrative Analyst, 387-5005) on October 1, 2026.