SAFE CLEAN WATER PROGRAM DRAFT Transfer Agreement Webinar March 31 and April 2, 2020
Welcome THANK YOU! Orientation Logistics • Please keep phones/microphones on mute • Questions can be submitted at any time by typing in the chat window Agenda 1) Safe, Clean Water Program Transfer Agreement Context 2) Transfer Agreement Overview 3) Draft Regional Program Transfer Agreement i. Exhibits A, B, and D 4) Draft Municipal Program Transfer Agreement i. Exhibits A and B 5) Template Exhibits in Common 6) Upcoming Schedule and Milestones 2
SCW Program Goals Section 18.04 of the Code summarized below: A. Improve water quality investment, not < 110% of the DAC population B. Increase drought preparedness ratio in each watershed area C. Improve public health K. For the Regional Program infrastructure funds, D. Leverage other funding sources provide municipalities w/ benefits in proportion E. Invest in multi-benefit infrastructure to the funds generated F. Prioritize Nature-Based Solutions L. Implement an iterative planning and evaluation G. Provide a spectrum of project sizes process H. Encourage innovation and adoption of new M. Promote green jobs and career pathways technologies N. Ensure ongoing operations and maintenance for I. Invest in independent scientific research Projects J. Provide DAC Benefits, including Regional Program 3
Essence of the Safe, Clean Water Program Good Education & Asset Collaboration Equity Stewards of Community Management Public Funds Engagement ❖ Accountability ❖ Developed & implemented ❖ Funding for operation ❖ Dedicated investments into ❖ Public & School Education ❖ Transparency ❖ Workforce Training with diverse stakeholders and maintenance Disadvantaged Communities ❖ Unique dedicated ❖ Reporting & Auditing ❖ Collaboration with other ❖ Investments for long- ❖ Watershed Coordinators ❖ Comprehensive tax funding for multi-benefit programs term sustainability and build inclusion and connect ❖ Community engagement relief options stormwater projects resiliency communities with resources ❖ Comprehensive and diverse ❖ Emphasis on Nature- ❖ Technical Assistance throughout project stages governance committees Based Solutions 4
Program Overview and Funding Distribution 10% Regional Program Special Parcel tax (50% = $142.5M annually) • 2.5 cents per square foot of 50% 40% 50% impermeable area Municipal Program • Watershed-based projects (40% = $114M annually) • Local & Regional Projects FCD Program (10% = $28.5M annually) *Actual revenues are anticipated to be lower following incorporation of any approved credits, Total Program: Approx. $285M annually* appeals, income-based tax reductions, and low- income senior exemptions. 5
Regional Program WATERSHED AREA ANNUAL RETURN* Central Santa Monica Bay $17.8 Million Lower Los Angeles River $12.8 Million Lower San Gabriel River $16.7 Million North Santa Monica Bay $1.8 Million 50% Program revenue Rio Hondo $11.5 Million Santa Clara River $6.0 Million South Santa Monica Bay $18.4 Million Upper Los Angeles River $38.6 Million Upper San Gabriel River $18.9 Million *Actual revenues are anticipated to be lower following incorporation of any approved credits, appeals, income-based tax reductions, and low-income senior exemptions. 6
Regional Program Funding Allocations Not less than 85%: Infrastructure Program • Implementation of Infrastructure Program • Transfer Agreement for qualified Project Developers Up to 10% Technical Resources Program >85% Infrastructure Program • District to provide Technical Assistance Teams Regional Program and Watershed Coordinator contracts. 50% (~$142.5M) • No Transfer Agreements for this sub-program Technical Resources Program ≤10% Up to 5%: Scientific Studies Program ≤5% Scientific Studies Program • Eligible scientific and other activities with a 100% nexus to increasing stormwater capture or reducing stormwater urban runoff pollution • Agency with primary responsibility will execute Transfer Agreement 7
Stormwater Investment Plans FY 2020- FY 2021- FY 2022- FY 2023- FY 2024- 2021 2022 2023 2024 2025 • 1-year funding recommendation Budget Projection Projection Projection Projection PROJECT – FEASIBILITY STUDY DEVELOPMENT (with projected recommendations next 4 TECHNICAL RESOURCES PROGRAM (up to 10%) Feasibility Studies/Concepts years) Watershed Coordinators Technical Assistance Team/Feasibility Study Technical Assistance Team/Feasibility Study PROJECT – POST-FEASIBILITY STUDY INFRASTRUCTURE PROGRAM • WASCs will annually verify project schedule, (not less than 85%) Design/Permits/CEQA Budget Project budget, scope, and benefits are consistent Project Project with initial proposal Right of Way Acquisition Budget Project Project Project Construction • Transfer Agreement will include amounts Project Project Project approved in the SIP for the first year O&M Project Project Project NON-PROJECT ACTIVITIES • Addendum will be executed for subsequent SCIENTIFIC STUDIES PROGRAM (Up to 5%) Special Studies approved SIP funding allocations Project Project Monitoring Project 8 TOTAL =
Municipal Program Responsibilities under the Municipal Program • Prioritize Water Quality projects; Multi-Benefit Projects are encouraged • Prepare annual plan for how SCW Program funds will be used in the ensuing fiscal year • Comply with all reporting and audit requirements 40% Program • Engage with Stakeholders in the planning process • Comply with all Transfer Agreement requirements revenue Maintenance Effort Provides local control to • Up to 30% may be used to pay for costs and expenses incurred related to maximize flexibility to the continuation or maintenance of applicable Programs/Projects address local issues implemented prior to November 6, 2018. 9
Transfer Agreement Overview Regional Program Transfer Agreement • Agreement between Project Developer and District • Infrastructure Projects or Scientific Studies in an approved Stormwater Investment Plan (SIP) • Renewed annually via addendum after subsequent SIP approval Municipal Program Transfer Agreement • Agreement between City and District • City's Annual Plan due • Initial term is 3 to 5 years, with subsequent 3-year terms 10
Important Dates 50% 40% Regional TA Exhibits Municipal TA Exhibits • • Detailed Scope of Work will be due 30-days Annual expenditure plans will be due 45- from execution days from execution and then April 1 each • Audit reports due 6 months after a 3-year subsequent year • period and at the completion of a project Audit reports due 6 months after each 3- • Progress reports due quarterly, 45-days after year period • close of each quarter Progress reports are due annually, 45-days after close of Fiscal Year BLUE FONT- Regional TA ORANGE FONT – Municipal TA 11
Description of TA Exhibits 50% 40% Regional TA Exhibits Municipal TA Exhibits A – Scope of Work A – Annual Plan Contents B – General Terms and Conditions B – General Terms And Conditions C – Special Conditions C- Special Conditions D – Addendum to Agreement D – Nature-based Solutions E – Nature-Based Solutions (Best Management Practices) E – Operations And Maintenance Guidance (Best Management Practices) F – Operations and Maintenance Guidance Document Document BLUE FONT- Regional TA ORANGE FONT – Municipal TA GREEN FONT – Regional and Municipal TA 12
Regional TA Exhibit A: Scope of Work Project Developer will provide (30-days after execution) the following: 50% 1. Budget Plan 2. Compliance with SCW Program Goals 3. Estimated Reasonable Cost 4. Description and Scope of Work 5. Operations and Maintenance Plan and tactics for incorporating workforce elements 6. Post-Construction Monitoring 7. Sustainability Rating 8. Stakeholder and Community Outreach/Engagement Plan 13
Regional TA Exhibit A-8: Engagement Stakeholder and Community Outreach/Engagement Plan for Regional Program Infrastructure Projects: 50% • Outreach activities provide information to residents about upcoming meetings or engagement activities • Engagement activities solicit, address and seek input from community members • Opportunities to highlight workforce elements of Projects Infrastructure Program Required Activity 1 Required Activity 2 Project Funds Up to $2 M Outreach or Engagement Up to $10 M Outreach Engagement Over $10 M Outreach 2 Engagements 14
Regional TA Exhibit B: General Terms and Conditions Project Developer will comply with the provisions in Exhibit B including but not limited to the following: 50% 1. Audit and Recordkeeping 2. Accounting and Deposit of Funds 3. Reporting 4. Lapsed Funds provision 5. Requirements Related to Contractors 6. Final Inspection and Certification of Registered Professional 7. Continuous Use of Funded Activity 15
Regional TA Exhibit D: Addendum to Agreement Project Developer will execute an addendum: 50% 1. Executed annually for subsequent Fiscal Year funds 2. Contingent on approval of subsequent SIP 3. Addendum contains reference to original Agreement 4. Budget Plan for the next disbursement will be required 5. Signatory page to be completed 16
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