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
Acceptance of Donation of Asphalt Grindings from the California Department of Transportation
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Ratify the acceptance of a donation of approximately 850 tons of asphalt grindings, from the California Department of Transportation, for placement at Fire Station 305, located at 8331 Caliente Road, in Hesperia, valued at approximately $8,500.
2. Ratify Fire Chief/Fire Warden's execution of non-financial Agreement [Caltrans Material Disposal Agreement No. 25-1003266 (08-0F633)], including non-standard terms, between Griffith Company and San Bernardino County Fire Protection District, for placement of the asphalt grindings on District-owned property at Fire Station 305.
(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.
Foster Sustainable Development Through Strategic Partnerships.
Provide for the Safety, Health and Social Service Needs of County Residents.
Enhance Readiness for Major Emergency Responses.
FINANCIAL IMPACT
Approval of the recommended actions will not result in the use of Discretionary General Funding (Net County Cost). The approximately 850 tons of asphalt grindings, donated by the California Department of Transportation (Caltrans), have an estimated value of $8,500 and were received at no cost for use at San Bernardino County Fire Protection District (SBCFPD) Fire Station 305, located at 8331 Caliente Road in Hesperia.
BACKGROUND INFORMATION
SBCFPD operates Fire Station 305, located at 8331 Caliente Road in Hesperia. As part of a Caltrans roadway project in the Hesperia area, Griffith Company, a contractor working for Caltrans, had approximately 850 tons of asphalt grindings available for placement. On August 26, 2026, Caltrans contacted SBCFPD staff regarding the opportunity to receive the material as a donation, which has an estimated value of approximately $8,500. To allow the material to be placed at Fire Station 305, SBCFPD was required to execute Caltrans' standard Material Disposal Agreement No. 25-1003266 (08-0F633) (Agreement) with Griffith Company before delivery.
Because the material was available on a time-sensitive basis, the Fire Chief executed the Agreement and accepted the asphalt grindings on September 10, 2026, following County Counsel review. Although the estimated value of the donation is below $10,000, County Policy 06-01 Standard Practice requires Board of Directors (Board) approval when acceptance of a donation may result in future liabilities. The Agreement includes potential liability associated with the placement of the material on SBCFPD property. Therefore, SBCFPD is requesting that the Board ratify the Fire Chief’s execution of the Agreement and acceptance of the donation.
The Agreement contains certain non-standard terms, including provisions relating to regulatory compliance, indemnification, insurance, and the release of Caltrans from certain obligations. These provisions and their potential impacts are described below:
1. Regulatory Compliance. The Agreement requires SBCFPD and Griffith Company to comply with Caltrans Standard Specifications section 5-1.20 and to obtain all permits, licenses, agreements, certifications, and clearances required for the transportation and placement of the asphalt grindings. The Agreement also requires compliance with applicable local, state, and federal environmental requirements.
• County Standard: County contracts generally require the contractor to comply with applicable laws, regulations, permits, and licensing requirements associated with its performance, rather than imposing those obligations jointly on the County and contractor.
• Potential Impact: SBCFPD assumes responsibility for ensuring that requirements applicable to its property and the placement of the material are satisfied and could incur costs or liability if additional permits, approvals, or corrective measures are required.
2. Indemnification. The Agreement requires Griffith Company to indemnify, defend, protect, and hold harmless Caltrans from claims, injuries, environmental impacts, or litigation arising from the excavation, removal, transportation, deposition, or final condition of the property. The Agreement does not provide comparable indemnification protecting SBCFPD as the property owner.
• County Standard: The contractor indemnifies, defends, and holds harmless the County and its officers, employees, and agents in accordance with County Policy 11-07. County Policy 11-05 identifies contractor indemnification of the County/District as the standard term.
• Potential Impact: SBCFPD could be responsible for claims, damages, environmental impacts, or other costs affecting its property that are not covered by Griffith Company’s indemnification obligation to Caltrans.
3. Insurance. The Agreement does not require Griffith Company to maintain the County’s standard insurance coverage or name SBCFPD as an additional insured.
• County Standard: County Policy requires insurance provisions to mirror the requirements of County Policy 11-07 Standard Practice.
• Potential Impact: SBCFPD does not receive the protections ordinarily provided through the County’s standard insurance requirements, including contractual evidence that sufficient insurance is maintained to respond to claims arising from the contractor’s activities.
4. Release of Caltrans. The Agreement provides that Griffith Company is not authorized to make representations or agreements on behalf of Caltrans and releases Caltrans from obligations to SBCFPD arising from representations or agreements made by Griffith Company under this Agreement or any prior agreement between Griffith Company and SBCFPD.
• County Standard: County contracts generally preserve the County’s contractual rights and remedies against the contracting parties and do not release another party from obligations arising from the transaction.
• Potential Impact: The provision may limit SBCFPD’s ability to seek recourse from Caltrans for representations, commitments, or obligations undertaken by Griffith Company in connection with the placement of the material.
SBCFPD recommends approval and ratification of the acceptance of the donation of the asphalt grindings and the associated Agreement because the approximately 850 tons of material were provided at no cost to Fire Station 305.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on October 22, 2026; Risk Management (Rebecca Suarez, Director, 386-8723) on October 1, 2026; and County Finance and Administration (Matthew Dalton, Administrative Analyst, 387-5005) on October 2, 2026.