HomeMy WebLinkAbout2007-253
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RESOLUTION NO. 2007-253
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE
DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND SHARPS
COLLECTION SERVICE TO THE CITY.
NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and San Bernardino County Fire Department, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set
forth at length. San Bernardino County Fire Department is selected to provide
household hazardous waste collection service and sharps collection service to the
City; and
SECTION 2. This purchase is exempt from the formal contract procedures of
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18 Code, "Purchases approved by the Mayor and Common Council".
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Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
SECTION 3. Pursuant to this determination the Purchasing Manager is hereby
authorized to issue the purchase order to San Bernardino County Fire Department for
a total amount of $240,551.00. The Purchase Order shall reference this Resolution
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24 household hazardous waste collection services and sharps collection service to the
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No. 2007-
, and shall read, "San Bernardino County Fire Department,
City of San Bernardino" P.O. No.
, not to exceed $240,551.00 and shall
26 incorporate the terms and conditions of the purchase order.
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July 3, 2007
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE
DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND SHARPS
COLLECTION SERVICE TO THE CITY.
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SECTION 4. The authorization to execute the above referenced Agreement is
rescinded if it is not issued within sixty (60) days of the passage of this resolution.
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July 3. 2007
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE
DEPARTMENT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE
FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND SHARPS
COLLECTION SERVICE TO THE CITY.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 16th
day of July
, 2007 by the
9 following vote, to wit:
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:~ SAQA1lb~&;:Lt;~~
22 The foregoing resolution is hereby approved this 1'1 ~
day of July ,2007.
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Council Members: Ayes Nays Abstain Absent
ESTRADA x
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BAXTER x
BRINKER x
DERRY ---L
KELLEY x
JOHNSON x
MCCAMMACK x
~MaYOr
City of San Bernardino
Approved as to form:
July 2, 2007
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO, CALIFORNIA
BOARD GOVERNED COUNTY SERVICE AREAS
AND RECORD OF ACTION
FROM:
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PAT DENNEN, Fire Chief/Fire Warden ('It)-
San Bernardino County Consolidated Fire District ('/1-- ~f So" 8e
o"o9e" ""o~
AGREEMENTS WITH THE CITIES OF MONTCLAIR AND SAN BE~DINO
FOR PARTICIPATION IN THE HOUSEHOLD . HAZARDOUS WASTE
COLLECTION PROGRAM
September 11, 2007
::: SUBJECT:
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( RECOMMENDATION: Acting as the governing body of County Service Area 70, the San
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L' Bernardino County Consolidated Fire District (County Fire):
If
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f 1. Approve Agreement No. 07.789, with the City of Montclair in the approximate annual
amount of $42,064 for participation in the Household Hazardous Waste Collection
Program from July 1,2007 through June 30, 2012.
2. Approve Agreement No. 07-790, with the City of San Bernardino, in the approximate
annual amount of $238,151 for participation in the Household Hazardous Waste
Collection Program from July 1,2007 through June 30, 2012.
BACKGROUND INFORMATION: The California Public Resources Code requires cities and
counties to provide Household Hazardous Waste Collection Programs for the safe collection,
recycling, treatment and disposal of hazardous waste that is generated by households in the city
or county and which should be separated from the solid waste stream.
The County of San Bernardino and the twenty-two cities and two towns within the County have
developed a countywide cooperative program for the management of Household Hazardous
Waste. The. existing Household Hazardous Waste Collection program, which is operated by
County Fire, is responsible for the safe management of hazardous waste. The Cities of Montclair
and San Bernardino, desire to protect the health and welfare of their residents and personnel
through the removal of hazardous waste from homes, so that this waste will pose no danger in
the event of fire. County Fire will provide Household Hazardous Waste management services to
the above-mentioned municipalities and in return will receive approximately $280,215 in annual
revenue during the term of the agreements.
Page 1 of 2
cc: SBCCFD-Wallace w/ Agreement
Contractor c/o Dept wi Agreement
Periculum c/o Risk Management
wi Agreement
Auditor-Acct Pay Mgr wi Agreement
SBCCFD-Manalili wi Agreement
Risk Management
SBCCFD-Dennen
SBCCFD-Brierty
County Counsel-Runyan
SDD
CAO-Thies
File wi Agreement
jll 9/13/2007
Record of Action of the Board of Supervisors
AGREEMENT NO.07-789 & 07-790
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APp,ROVED
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...1!JYE,.
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CALENDAR)
ORS
RDIN.O
SECOND AYE
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MOllON
BY
ITEM 067
FAS
"'- New Vendor COde SC Dept. Contract Number
t- Change CFD A 07-790
Cancel
District County Service Area 70, Consolidated Fire Dept. Orgn. Contractor's Uc:ense No.
pistrict
District Contract Representative Telephone Total Contract Amount
lonle Wallace 382-5401 Approximately $238,151 per year
Contract Type
o Revenue o Encumbered o Unencumbered 0 Other.
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Ortginal Amount Amendment Amount
July 1, 2007 June 30, 2012
Fund Dept. Organization Appr. ObjJRev Source GRCIPROJ/JOB No. Amount
SKX 106 160 , 9800 .
Fund Dept. Organization Appr. ObjlRev Source GRClPROJ/JOB No. Amount
, ,
Fund Dept. Organization Appr. ObjlRev Source GRCIPROJ/JOB No. Amount
,
Project Name Estimated Payment Total by Fiscal Year
Household Hazardous
Waste Agreement FY Amount lID FY Amount liD
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FOR COUNTY USE ONL Y
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District
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between County Service Area 70, hereinafter called the
County, and
Name
Address
City of San Bernardino
hereinafter called City
300 North D Street
San Bernardino, CA 92318-0001
Telephone FederallD No. or Social Security No.
(909) 938-5549 956000772
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination, other teims and conditions, and attach plans. specifications, and addenda, if any.)
Audltor/Control/er-Recorder Use Onl
[J Contract Dalabese [J EAS
Input Date I(eyed By
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2007-253
FOR CITIES WITHOUT A COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE
AGREEMENT
IT IS HEREBY AGREED TO AS FOLLOWS:
This Agreement is made and entered into between the San Bemardino County Service Area 70 Consolidated Fire District,
hereinafter referred to as "County' and the City of San Bemardino hereinafter referred to as the "City".
RECITALS:
WHEREAS, the Califomia Public Resources Code requires cities and counties to prepare a Household Hazardous Waste
Element which identifies a program for the. safe collection, recycling, treatment and disposal of hazardous wastes which are
generated by households in. the city or county and which should be separated from the solid waste stream; and,
WHEREAS, the County of San Bernardino and each of the cities in the County have developed Household Hazardous Waste
Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste;
and,
WHEREAS, the existing Household Hazardous Waste program operated by the County is consistent with the adopted HHWE;
and,
WHEREAS, the County Fire Department, Division of Hazardous Materials, is a division of the County responsible for the safe
management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous
waste from homes so that such materials will pose no danger in event of fire, will prevent potential environmental degradation
and will conserve resources through recycling.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City shall publicize to its residents the need to properly, reducE!, recycle, store, transport and dispose of
Household Hazardous Waste and inform its residents of the availability of nearby Collection Facilities for the safe
management of household hazardous waste.
2. Indemnification - City agrees to indemnify, defend (with counsel approved by County) and hold harmless the County
and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability
arising out of City's obligations under this Agreement. .
3. In the event, the County and/or the City is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the Agreement, the County and/or City shall indemnify the other
to the extent of its comparative fault.
4. Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid
to an employee, the County or City agree that any alleged negligence of the employee shall not be construed against
the employer of that employee.
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2007-253
5. City shall maintain adequate self-insurance to fulfill their obligations under the indemnification paragraphs, paragraphs
2 through 4, above. Upon request, City will provide proof of its self-insurance to the County.
RESPONSIBilITIES AND DUTIES OF THE COUNTY
6. The County will continue to operate a comprehensive Household Hazardous Waste Program for the safe collection,
recycling, treatment and disposal of household hazardous waste including electronic waste and fluorescent tubes that
are currently banned from municipal solid waste landfills. The County program shall be based on a Central
Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the
public in a cost-effective manner. The County will also collect "Home-generated Sharps" from the City's residents.
Home-generated Sharps are defined as hypodermic needles, pen needles, intravenous needles, lancets and other
devices that are used to penetrate the skin for the delivery of medication derived from a household
7. County shall provide an annual report to the City, that shall includes the amounts and types of waste collected,
participation by jurisdiction, and final disposition of the waste.
B. County shall compile and provide to the Califomia Integrated Waste Management Board, the Department of Toxic
Substances Control, and the Certified Unified Program Agency, the City's Annual Form 303 Report. The County will
provide a copy of the report to the City.
9. In addition to the normal operating hours of the County's San Bemardino Household Hazardous Waste Collection
Facility, the County will also operate the Facility, currently located at 2824 East W. Street, San Bernardino, California,
92415, on one Saturday per year for the City. County shall coordinate with the City to determine the date and time of
this "Saturday" collection date.
10. The County will assist the City in staffing an educational booth at the annual Route 66 Rendezvous event, conceming
used oil and filter and Household Hazardous Waste rnanagement.
11. County will provide, upon the City's request, Hazardous Material Management Training to City staff.
12. County will provide a site for the City's Sharps Collection Consolidation Point, will sign-in and track participants, and
will provide a quarterly report of the Sharps Prograrn usage to the City. The City's Sharps Collection Consolidation
Point will be located at the Household Hazardous Waste Collection Facility currently located at 2824 East W. Street,
San Bernardino, California, 92415. In the event that the County relocates the San Bernardino Household Hazardous
Waste Collection Facility, the City's Sharps Collection Consolidation Point, will also be relocated.
13. County will pick up sharps from City residents who are unable to transport their full sharps containers to the
consolidation point located at the designated Household Hazardous Waste Collection Facility. This service will be
provided on an appointment basis. In addition, to the consideration identified below, County shall continue to charge
City $20.00 per pick-up, that will be invoiced to the City on a quarterly basis.
14. Indemnification - County agrees to indemnify and tlold harmless the City, its officers, employees, agents, volunteers
from any and all claims, actions or losses, damages, and/or liability resulting from the County's negligent acts or
omissions which arise from the County's performance of its obligations under this Agreement.
15. In the event the County and/or the City is found to be comparatively at fault for any claim, action, loss or damage
which results from their respective obligations under the agreement, the County and/or City shall indemnify the other
to the extent of its comparative fault.
16. Furthermore, if the County or City attempts to seek recovery from the other for Workers' Compensation benefits paid
to an employee, the County and City agree that any alleged negligence of the employee shall not be construed
against the employer of that employee.
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2UU7-253
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17. Insurance - The County is a self-insured public entity. Upon request, the County will provide a 'Certificate of Self-
Insurance" to the City.
CONSIDERATION
18. In consideration for the services provided, City shall pay the County each quarter, fiscal year 2007/2008 through fiscal
year 201112012, (payment due on: July 15, October 15, January 15, and April 15), an amount calculated by the
following equation: A = (P) (F) (.25) where:
A = amount owed each quarter
P = the population of the City for that year
as estimated by the State of Califomia
Department of Finance
F = per capita value as shown below
.25 provides the quarterly payment amount and
2007/2008-A = (P) (F = 1.18) (.25)
200812009- A = (P) (F = 1.21) (.25)
200912010- A = (P) (F = 1.24) (.25)
201012011- A = (P) (F = 1.27) (.25)
201112012- A = (P) (F = 1.30) (.25)
TERM AND TERMINATION
19. This Agreement shall be effective July 1, 2007 and shall remain in effect through June 30, 2012 but may be renewed
for specified periods, unless, otherwise terminated or amended.
20. Notwithstanding the foregoing, either party may terminate this contract at any time upon 90 days prior written notice to
the other party.
GENERAL TERMS AND CONDITIONS
21. ReDresentation of the Countv. In the performance of the Agreement, City, its agents and employees, shall act in an
independent capacity and not as officers, employees, or agents of the County of San Bemardino.
22. Chanoe of Address. City shall notify the County in writing of any change in mailing address within ten (10) business
days of the change.
23. Aoreement Assionabilitv. Without the prior written consent of the County, the agreement is not assignable by City,
either in whole or in part.
24. Aoreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the
Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and
approved by the required persons of both City and County.
25. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants, requirements
or conditions of this agreement shall be a material breach of this agreement
In the event of a non-cured breach, County may, at ~s sole discretion and in addition to immediate termination and any
other remedies available at law, in equity, or otherwise specified in this Contract
A. Afford City thereafter a time period within which to cure the breach, which period shall be established at sole
discretion of County; and/or,
B. Terminate this Contract.
26. Attomev Fees and Costs. If any legal action is instituted to enforce any party's rights hereunder, each party shall bear
~s own costs and attomeys' fees, regardless of who is the prevailing party. This paragraph shall not apply to those
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2007-253
costs and attorneys' fees directly arising from a third-party legal action against a party hereto and payable under
INDEMNIFICATION paragraphs.
27. Venue and Govemina Law. The venue of any action or claim brought by any party to this Agreement will be the
Central District Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would
allow them to request or demand a change of venue. If any aelion or claim concerning this Agreement is brought by
any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District
Court of San Bemardino County. This contract shall be govemed by the laws of the State of Califomia.
28. Notification. In the event of a problem or potential problem that will impact the level of performance under this
Agreement, the City shall notify the County within one (1) working day, in writing and by telephone.
29. Former Countv Officials. City agrees to provide or has already provided information on former San Bernardino
County administrative officials (as defined below) who are employed by or represent City. The information provided
includes a list of former County administrative officials who terminated COUNTY employment within the last five years
and who are now officers, principals, partners, associates or members of the business. The information also Includes
the employment with or representation of City. For purposes of this provision, .County administrative official. is
defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of
such officer's staff, County department or group head, assistant department or group head, or an employee in the
Exempt Group, Management Unit, or Safety Management Unit.
30. Inaccuracies or MisreDresentations. If in the course of or the administration of this Agreement County determines that
City has made a material misstatement or misrepresentation or that materially inaccurate information has been
provided to the County, this Agreement may be immediately terminated. If the Agreement is terminated according to
this provision, the County is entitled to pursue any available legal remedies.
31. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver
thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of
any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such
party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any
default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further
exercise of such right or of any further default.
32. Severabilitv. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances
shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other
circumstances shall nevertheless be valid.
33. Notices and ReDorts. Any notices shall be addressed to the respective parties as set forth below:
COUNTY:
lonie Wallace
Supervising Environmental Health Specialist
Household Hazardous Waste Program
2824 East .W street
San Bemardino, CA 92415-0799
CITY: Linda Ceballos, Environmental Projects Manager
City of San Bemardino
300 North D Street
San Bernardino, CA 92318-0001
34. Entire Aareement.
A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with
respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and
supersedes any and all prior and contemporaneous agreements and understandings.
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2007-253
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind
their respective institutions to the terms and conditions set forth in this document
IN WITNESS WHEREOF, the Board of Supervisors has caused this Agreement to be subscribed to by the Clerk thereof, and
City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written,
:smc'~~ ..
Paul Biane, Chairman, Board of Supervisors
mardino
IBUon, oompeny. contractor, etc.)
Dated:
SEP 1 1 2007
By ~
Name ~eAzed ~J~~ m blue ink)
(Print or type neme of person signing oontract)
Title G~~p~~
Dated: '6- C)a:; _0 ~
Address 6.00 N.l> ~-k.<~
SIGNED AIIlD CER
DOCUMENT HA
CHAIRMAN OF
. Q1...1QO
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County Counsel (Scott Runyan, D~
Date <Gr ~ Z ~
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R~vtewed by Contract Compliance
Date
Oate
3'-~ ?-07
APPROV'''''''' >>,<, ,"',' """"",'
KJl.P rsJ;t.. fl. -.~.' ;.;.:t:.;:*h.\:.:,;;..~
James F. Pe!1i;'::Hc,
City AttOrF.;>lY
-~-:-.; ,
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~7- c253
COUNTY OF SAN BERNAROINO
PUBLIC ANO SUPPORT
SERVICES GROUP
COUNTY FIRE DEPARTMENT
PAT A. DENNEN
Fire Chief
County Fire Warden
157 West Filth Street, Second Floor. San Bernardino, CA 92415-0451 . (909) 387-5974
Fax (909) 387-5542
SUBJECT:
RECEIVED
APR 17 2008 !
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San Bernardino City Fire
HHW AGREEMENT NO. 07-790 - NOTICE THAT SAN c.)
BERNARDINO COUNTY FIRE PROTECTION DISTRICT IS THE ;:..,
NEW CONTRACTING PARTY UNDER THE AGREEMENT L_
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April 15,2008
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CITY OF SAN BERNARDINO
300 NORTH D STREET
SAN BERNARDINO, CA 92318-0001
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Please be advised that the San Bernardino County Consolidated Fire District ("District")
is undergoing reorganization and effective July 1,2008 shall be known and referred to as
"San Bernardino County Fire Protection District." This reorganization will not have any
impact on the terms of Agreement No. 07-790 currently in place. All rights and
obligations of the District shall be assumed by the San Bernardino County Fire Protection
District, as its successor-in-interest. After July I, 2008, any notices, correspondence, or
related documents should be addressed to the San Bernardino County Fire Protection
District and can be submitted to the same address as before located at:
157 West Fifth Street, Second Floor
San Bernardino, CA 92415-0451
We suggest you attach this notice to Agreement No. 07-790 between the City of San
Bernardino and the District. If you should have any questions regarding the
reorganization, please do not hesitate to contact me at (909) 387-5948.
Sincerely,
J2~lfaJ~
DANN URL
Deputy . e Chief
DRW:llm
cc: Pat Dennen, Fire Chief/Fire Warden
Carol Montag, Division Manager Fiscal Services
Ionie Wallace, HHW Supervisor