1 MEMORANDUM OF UNDERSTANDING
Between the County of Riverside
And the City of San Jacinto
FOR SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY SERVICES HAZARD MITIGATION GRANT PROGRAM SUBAPPLICATION, AP-02234, FOR THE BACKUP
GENERATORS FOR DRINKING WATER RESILIENCY MITIGATION PROJECT This Memorandum of Understanding (MOU) is made and entered into as of the ___ day of ______, 2025, by and between the County of Riverside on behalf of its Emergency Management Department (“County”) and City of San Jacinto (“District”) to provide for the Hazard Mitigation Grant Program (“HMGP”).
RECITALS
This MOU is made with reference to the following facts:
Pumping stations are essential components of Riverside County’s potable drinking water and wastewater systems.
These facilities move potable water from lower to higher elevations and maintain system pressure needed to serve residential, commercial, and industrial customers. They also ensure uninterrupted operation of wastewater conveyance and treatment infrastructure.
However, Riverside County is increasingly exposed to wildfires, extreme heat, high winds, and severe weather, all of which frequently result in extended power outages. When utility power is lost, pumping stations immediately lose the ability to move potable water or maintain wastewater operations.
Riverside County submitted a Notice of Intent (“NOI”), PA-3490, to California Office of Emergency Services (“CalOES”) in May 2025 for consideration for award of a HMGP to fund 75% of this mitigation project. The grant is offered under the Federal Emergency Management Agency (“FEMA”) HMGP administered in California by CalOES and administered nationally by the FEMA. The NOI was accepted by CalOES, and the District was authorized to submit a “sub-application.” The sub-application, AP-02234, was successfully submitted to CalOES on September 15, 2025.
The County is qualified to submit the sub-application on behalf of the District as it is the representative party of the HMGP.
During the NOI and sub-application process, the District agreed to (1) maintain the project as represented in Exhibit A, and (2) provide the required 25% Non-Federal local cost share as represented in Exhibit B.
These representations constitute the commitment by the District to both maintain the Project as required by the grant and to provide the local cost share.
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2 In consideration of the promises, terms, conditions and covenants contained herein, the parties to this MOU hereby agree as follows:
1. Recitals Incorporated.
The foregoing recitals are hereby incorporated by reference.
2. Description of the Project.
This Project is focused on mitigating risks from future disasters through implementing a long-term, independent solution to protect the District’s primary conduit for drinking water supplies. Except as otherwise provided herein, the District will implement all aspects of the Project as detailed in the HMGP Grant sub-application as submitted by the County in September of 2025. Additionally, except as otherwise provided herein, the District will assume all responsibilities otherwise imposed on the County as part of the subject HMGP Grant.
3. Local Cost Share.
The District shall be solely responsible for providing the required Non-Federal Share Match Commitment for the subject HMGP Grant, as described in Exhibit B hereto. In no event shall the County be responsible for any portion of the Non-Federal Share (Match) Commitment for the subject HMGP Grant. Prior to the County’s acceptance of the subject HMGP Grant, the District shall provide assurances to the County’s satisfaction that the District possesses sufficient funds to meet its obligation to provide the required Federal Share Match Commitment. Should the District fail to provide sufficient assurances to the County, the County may decline to accept the subject HMGP Grant and terminate this MOU.
4. Maintenance.
The District shall be solely responsible for maintaining the project generators for nineteen (19) years, as required by the HMGP Grant, as described in Exhibit A hereto. In no event shall the County be responsible for maintaining or contributing funding toward the maintenance of the Project.
5. Party Responsibilities.
Subject to the requirements of the HMGP Grant, the County will be the recipient and manager for the Grant.
Responsibilities of the District and the County will be as described in the table below, or as otherwise jointly agreed to by the District and the County through an amendment to this MOU.
Project Element Defined Roles and Responsibilities
Public Coordination and Outreach The District will act as the responsible entity for public coordination and outreach.
Permitting The District will act as the entity responsible for acquiring any necessary permitting associated
with the mitigation project. The District will
also provide all necessary documentation
associated with permitting to the County upon
request or requirement associated with this
mitigation project. The County will provide
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3 FEMA with any required documentation it
receives from the District pursuant to any
requirements.
Environmental Review The District will act as the lead agency responsible for ensuring compliance with all
environmental laws and regulations applicable
to the Project (e.g., CEQA, NEPA).
Procurement of Equipment The District will act as the responsible entity for procuring necessary equipment associated with
the mitigation project. All documentation
associated with procurement of equipment will
be held by the District and, upon request or
requirement, the District will provide EMD.
EMD will, in turn, provide necessary
documentation it has received from the District
to FEMA pursuant to any grant requirements.
Engineering The District will act as the responsible entity for preparing Final Engineering drawings and
Plans, Specifications, and Estimates (“PS&E”)
associated with the mitigation project.
Contracting The District will act as the entity responsible for preparing contract documents and advertising
and awarding a contract for construction of the
Project in accordance with the HMGP grant
requirements. The District will ensure that all
provisions of the HMGP grant requirements are
included in the contract documents. In addition,
the District will ensure that the contract
documents include the language requiring that
the County be named as an additional insured
on the District’s insurance policy for the
Project.
Construction The District will act as the responsible entity for construction of the mitigation project, including
acquisition of any right of way (e.g., easements,
temporary construction easements, licenses)
necessary for the Project.
Construction Management The District will act as the responsible entity for construction management.
Grant Management – Reimbursement
Funding
County of Riverside - EMD will act as the
responsible entity associated with Grant
Reimbursement, including receiving and
distributing grant funds. The District will
provide the County with the necessary invoices
and other documentation required for
reimbursement under the HMGP. The County
will, in turn, deliver this information to initiate
reimbursement of funds. Upon receiving
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4 reimbursement funding, the County will
provide the funds to the District
Grant Management – Reporting The County will act as the responsible entity associated with Grant Reporting requirements,
including project closeout. The District will
provide County with all required
documentation pursuant to the grant’s reporting
requirements. District shall maintain auditable
books, records, documents, and other evidence
pertaining to costs and expenses claimed under
this MOU for seven (7) years after the term end
date as required by ADM425: Grants Records
Series of the County of Riverside Departmental
Records Retention Schedule. EMD shall
maintain these records for seven (7) years after
payment has been made or until all pending
county, state, and federal audits, if any, are
completed, whichever is later, as required by
ADM425: Grants Records Series of the County
of Riverside Departmental Records Retention
Schedule.
Cost Share Requirement The District will act as the responsible entity associated with Grant Cost Share Requirement.
The County will submit required
documentation on behalf of the District
pursuant to this requirement.
Responses to Requests for Information
(“RFIs”)
The County will be responsible for responding
to any RFIs associated with the mitigation
project as it pertains to the HMGP. The District
will provide the County with all required
documentation pursuant to the grant’s reporting
requirement.
6. Cost Reimbursement.
The District shall be solely responsible for advance funding the costs of the Project (including any retention amounts withheld by CalOES until final completion of the Project and acceptance by FEMA), subject to reimbursement through the HMGP Grant. In the event any cost reimbursement requests are disallowed following the exhaustion of applicable appeals procedures, the District shall be solely responsible for the disallowed costs.
7. Insurance.
Without limiting or diminishing the District’s obligation to indemnify or hold the County harmless, District shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the County herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, EM-25-101
5 officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
a. Workers' Compensation: If the District has employees as defined by the State of California, the District shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside. Policy shall name the County as Additional Insureds. b. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of District‘s performance of its obligations hereunder. Policy shall name the County as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County as Additional Insureds. c. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then District shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
Policy shall name the County as Additional Insureds.
d. Professional Liability: District shall maintain Professional Liability Insurance providing coverage for the District's performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If District's Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and DISTRICT shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that DISTRICT has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows. Policy shall name the County as Additional Insureds. e. General Insurance Provisions - All lines:
1. Any insurance carrier providing insurance coverage hereunder shall be either admitted or licensed in the State of California and have an AM BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer, such waiver is only valid for that specific insurer and only for one policy term.
2. The District must declare its insurance self-insured retention for each coverage required herein.
If any such self-insured retention exceed $500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before the commencement of operations under this EM-25-101
6 Agreement. Upon notification of self-insured retention unacceptable to the County, and at the election of the County's Risk Manager, District’s carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
3. District shall cause District‘s insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If District’s insurance carrier(s) policies do not meet the minimum notice requirement found herein, District shall cause District’s insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement.
4. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. District shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
5. It is understood and agreed to by the parties hereto that the District’sinsurance shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retention's or selfinsured programs shall not be construed as contributory.
6. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work; or, the term of this Agreement, including any extensions thereof, exceeds five (5) years; the County reserves the right to adjust the types of insurance and the monetary limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried by the District has become inadequate.
7. District shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
8. The insurance requirements contained in this Agreement may be met with a program(s) of selfinsurance acceptable to the County.
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7 9. District agrees to notify County of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement
8. Hold Harmless Indemnification.
a. District shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of District, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of District, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. District shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions. b. With respect to any action or claim subject to indemnification herein by District, District shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes District’s indemnification to Indemnitees as set forth herein.
c. District’s obligation hereunder shall be satisfied when District has provided to County the appropriate form of dismissal relieving County from any liability for the action or claim involved. d. The specified insurance limits required in this Agreement shall in no way limit or circumscribe District’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims. e. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the DISTRICT from indemnifying the Indemnitees to the fullest extent allowed by law.
9. Notices.
Any notice permitted or required pursuant to this MOU shall be in writing, delivered to the appropriate persons listed below. Notices may be delivered by mail, electronic mail, or other electronic means. In the event that a Party is unresponsive to a notice delivered by electronic means the notice will be delivered personally or shall be deemed to be given fifteen (15) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed to the persons listed below, or at such other address as either Party may from time to time specify to the other Party in writing. Notices shall be transmitted so that they are received within the specified deadlines.
TO THE COUNTY:
Emergency Management Department
TO THE DISTRICT:
General Manager
EM-25-101
8 County of Riverside Emergency
Management Department
450 East Alessandro Blvd.
Riverside, CA 92508
__________________________
__________________________
__________________________
10. Resolution of Disputes.
If a dispute arises relating to this MOU, the Parties shall first attempt to resolve it through informal discussions involving both Parties. Either Party may convene such discussions by written notice, and each Party shall reasonably accommodate the other Party with respect to scheduling. If the dispute is not resolved in this manner within thirty (30) days from the date one Party first contacts the other to commence informal discussions hereunder, either Party may submit the matter to mediation by providing written notice to the other Party. The cost of such mediation shall be borne equally by the Parties.
11. Governing Law.
This MOU must be construed according to its fair meaning and as if prepared by both Parties. This MOU must be construed in accordance with the laws of the State of California. Any action or proceeding seeking any relief under or with respect to this MOU shall be brought in the Superior Court of the State of California for the County of Riverside.
12. Counterparts.
This MOU may be executed in one or more counterparts, each of which shall be deemed an original.
13. Effective Date.
This MOU shall be effective upon execution by both Parties, and the term of this MOU shall be in effect for forty-eight (48) months.
14. Contract Administrator.
The County officer or employee with responsibility for administering this MOU is Emergency Management Department (“EMD”).
15. Termination.
This MOU may be terminated without cause by either party by giving thirty (30) days’ written notification to the other party. In the event District or County elects to abandon, indefinitely postpone, or terminate this MOU, County shall make payment for all services provided by District up to the date that written notice was given in a prorated amount.
[SIGNATURES ON FOLLOWING PAGE]
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9 The foregoing MOU is hereby consented to and authorized by the County and the District.
Authorized Signature for EMD Authorized Signature for District Printed Name of Person Signing:
Dan Bates
Printed Name of Person Signing:
Robert A. Johnson
Title:
Director, Emergency Management Department
Title:
City Manager
Address:
450 E Alessandro Blvd. Riverside, CA 92508
Address:
595 S. San Jacinto Ave. San Jacinto, CA 92583
Date Signed: Date Signed:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Minh C. Tran Craig Hayes
County Counsel BB&K City of San Jacinto
By: ___________________ By: ___________________
Melissa R. Cushman
Supervising Deputy County Counsel
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10 EXHIBIT A
HMGP SUB-APPLICATION MAINENTANCE COMMITMENT LETTER
This letter serves as [Name]’s commitment to perform all necessary maintenance for the full useful life of the project, which is estimated at 19 years upon completion. The County of Riverside – Emergency Management Department will not be responsible for any maintenance and/or repairs required during this period.
Entity responsible for the maintenance: (Example: City of Townsville) Number of years of maintenance: Nineteen (19) years
(Example: 20 years)
Annual maintenance amount: $
(Example: $100,000.00)
Past maintenance tasks involved:
(Example: inspection, cleaning, checking for leaks, electrical inspections, operability checks)
Future maintenance tasks involved: Inspection, Operability checks (Example: inspection, cleaning, operability checks, electrical inspections) Future maintenance schedule: Annually
(Example: inspection and cleaning annually, checking for leaks weekly, electrical checks quarterly, operability checks monthly) Future cost of maintenance: $
(Example: $1,900,000.00
Source of future maintenance funds:
(Example: operating fund)
Project building/facility/area:
Project: Facility: Address: City:
1. PS-02864 Artesia 679 Artesia St, San Jacinto, CA San Jacinto
2. PS-02867 Lake Park 1200 Lak Park Dr, San Jacinto, CA San Jacinto
3. PS-02869 Mistletoe 213 N Mistletoe Ave, San Jacinto, CA San Jacinto
4. PS-02871 Cottonwood 1199 W Cottonwood Ave, San Jacinto, CA San Jacinto
5. PS-02874 Savory 642 Savory Ln, San Jacinto, CA San Jacinto
6. PS-02875 Bissel 270 Bissel Pl, San Jacinto, CA San Jacinto
7. 8.
9. 10.
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11 EXHIBIT B
HMGP SUB-APPLICATION MATCH COMMITMENT
Re: Generator Project Funding Match Commitment Letter
Dear Emergency Management Department:
As part of the Hazard Mitigation Grant Program process, a local funding match of at least 25% is required. This letter serves as The Water District’s commitment to meet the local match fund requirements for the Hazard Mitigation Grant Program.
SOURCE OF NONFEDERAL FUNDS:LOCAL
AGENCY
FUNDING
OTHER
AGENCY
FUNDING
PRIVATE NONPROFIT
FUNDING
STATE
AGENCY
FUNDING
NAME OF FUNDING
SOURCE: Net Cost
FUNDS AVAILABILITY
DATE: Date: Date of Execution
PROVIDE EXACT MONTH/DATE/YEAR OF AVAILABILITY OF FUNDS
FEDERAL SHARE
AMOUNT REQUESTED: $1,160,000
MUST MATCH $ AMOUNT PROVIDED IN SUBAPPLICATION
LOCAL SHARE AMOUNT
MATCH: $290,000
MUST EQUAL A MINIMUM OF THE 25% NON-FEDERAL SHARE
REQUESTED
FUNDING TYPE: Administration, Cash, Consulting Fees, Engineering Fees, Force Account Labor, Agency Personnel
EXAMPLES: ADMINISTRATION, CASH, CONSULTING FEES,
ENGINEERING FEES, FORCE ACCOUNT LABOR, AGENCY PERSONNEL, PROGRAM INCOME, ETC.