Morro Bay City Council
June 11, 2024

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 10
CannonCorp.us
Front-end documents will include the specifications to confirm compliance with State and Federal funding source requirements (i.e. EPA, WIFIA, CSWRCB, CWSRF, USBR, DWR, and IRWM).
• 90% Draft Standard and Special Provisions —draft standard and special provisions as required to complete the design package.
• Typical Details —typical details as required to complete the design package. • List of Specific Items Requiring Additional Consideration. • Legal Counsel Coordination — coordinating with the City’s legal counsel to develop supplementary/special conditions, as necessary, to modify standard general conditions and front-end documents.
• 90% Plans and Specifications Workshop —planning, organizing, and facilitating a workshop to review and discuss the 90% Plans and Specifications, including preparation of a meeting agenda, meeting materials, and meeting minutes.

Task 5B.3 Final Construction/Bid Documents
We will develop final construction/bid documents that incorporate comments received on the 90% Design Package. This will include changes identified during the quality management review into the final construction/bid documents. The intent is to prepare clear, complete, cross-checked bid-ready design documents.

One final review will be completed to confirm compliance with permitting, funding/financing, and other final coordination items. Minimal final revisions will be made to produce a set of final construction/bid documents. These final construction/bid documents will be ready for advertisement.

Task 5B.4 Bid Phase Support Services
We will assist the City during the bid phase of the project as follows:
• 5B.4.1 Distribution of Documents – support distribution of plans and specifications to prospective bidders utilizing the City’s preferred reproduction vendor, ASAP Reprographics.
• 5B.4.2 Responses to Questions and Bid Addenda – assist the City in responding to contractor and supplier technical questions as they relate to the project plans and specifications during bidding and preparing addend, if required (2 anticipated).
• 5B.4.3 Pre-Bid Conference and Bid Opening – attend and facilitate the prebid conference and bid opening conference for the project. We will respond to prospective bidder’s questions from these meetings (2 meetings anticipated).
• 5B.4.4 Bid Evaluation – after the bid opening, review bids and make a recommendation for award of the construction project based on their qualifications and responsiveness to the bid package.

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 11
CannonCorp.us
TASK 6: DESIGN AND CONTRACT DOCUMENTS
Our engineer’s opinion of probable costs will be submittal along with the design packages discussed above (preliminary cost opinion, final cost opinion, final construction/bid documents cost opinion, and an estimated annual operation and maintenance cost). The project costs will be separated into the appropriate bid items to facilitate the City obtaining reimbursement from the WRF Program funding agencies.

Task 6.1 Preliminary Cost Opinion
We will develop a preliminary opinion of probable construction cost (cost opinion) to be submitted as part of the conceptual design report. This preliminary cost opinion will be commensurate with a Class 4 estimate as defined by the Association for the Advancement of Cost Engineering (AACE).

Task 6.2 Final Cost Opinion
We will update the intermediate cost opinion in conjunction with development of the 90% Plans and Specifications. Our final cost opinion will be commensurate with a Class 3 estimate as defined by AACE. In addition, we will prepare an estimate of the annual operations and maintenance costs for the project.

Task 6.3 Bid Cost Opinion
We will update the final cost opinion in conjunction with development of the Final Construction/Bid Documents. Our bid cost opinion will be commensurate with a Class 2 estimate as defined by AACE.

TASK 7: RIGHT-OF-WAY, EASEMENT AND/OR PROPERTY ACQUISITION SUPPORT In the event permanent easements (PE), temporary construction easements (TCE), and/or access rights (right of entry [ROE]) are required, we have included right-of-way, easement, and/or property acquisition support in our proposal as follows. We will conduct easement and property rights research and prepare the schematics, maps, and descriptions necessary to complete notice, appraisal, negotiation, and easement procurement. Negotiations with property owners will be the responsibility of the City. We have added Hamner and Jewell to our team to perform these services and obtain the preliminary title reports described below. We have included a time and materials budget of approximately $15,000 (3 title reports, 1 for each well site at $2,000 per report, plus $9,000 for appraisal/acquisition services). Should the effort exceed this estimate, we will work with the City on an appropriate adjustment to the scope and fee to accommodate the actual work.

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 12
CannonCorp.us
Task 7.1 Preliminary Title Reports
We will assist the project team with determining potential locations where permanent easements, temporary construction easements, and rights of entry will be required for construction and operation of the project. Preliminary Title Reports (PTR) will be obtained to identify existing easements, leases, and other encumbrances that may affect the alignment of the pipelines. We acquire PTRs that will cover affected parcels. PTRs will be reviewed to confirm ownership information and plot exception items to evaluate possible impact on design and ROW acquisition. The intent of this work is to identify potential, significant delays related to easement procurement. PTR fees will be paid by the consultant and reimbursed by the City.

Task 7.2 Plat and Legal Document(s)
We will assist the project team with calculating permanent and temporary easements and prepare proposed ROW and appraisal maps. We will prepare legal descriptions and plats for each negotiated permanent and temporary easement or acquisition. We will assist in negotiations with property owners to secure easements and rights of entry, as necessary.

TASK 8 PERMITTING SUPPORT
Permitting support will include working with the project team to provide coastal development, regulatory agency, environmental, funding/financing agency, and construction permitting support.

Task 8.1 General Permitting Support
We will assist the project team by providing permitting support services for the WRF coastal development, regulatory agency, environmental, and funding agency permitting as well as approval requirements for the construction and operation of the project. Permitting support may include preparation of permit application materials, providing technical project details, participation in meetings, preparation of technical information and exhibits, and responding to requests for information from regulatory agency staff. Permit execution will be the responsibility of the project team. Given the difficulty of estimating scope and fee for this task, we have included a time and materials budget of approximately $23,600. Should the effort exceed this estimate, we will work with the City on an appropriate adjustment to the scope and fee to accommodate the actual work.

Task 8.2 Construction Permitting Support
We will assist the project team in obtaining the construction permits and approvals necessary for the construction and operation of the project. This includes coordination with various agencies, including the State Water Resources

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 13
CannonCorp.us
Control Board, Department of Drinking Water, US Fish and Wildlife Service, Army Corps of Engineers, and SLO County Air Pollution Control District. Construction permitting support may include preparation of permit application materials, participation in meetings, preparation of technical information and exhibits, and responding to requests for information from regulatory agency staff. The permit materials will be collated and submitted to regulatory agencies by the City or the project team. Given the difficulty of estimating scope and fee for this task, we have included a time and materials budget of approximately $23,600. Should the effort exceed this estimate, we will work with the City on an appropriate adjustment to the scope and fee to accommodate the actual work.

TASK 9 ENGINEERING SERVICES DURING CONSTRUCTION
We will provide the following construction engineering support services during construction:

Task 9.1 Preconstruction Job Walk
We will schedule and facilitate a pre-construction job walk for the project team, contractor, and other applicable entities. The purpose of this activity is to review contractor understanding of the project plans, contract requirements, and design intent. (1 site visit anticipated.)
Task 9.2 Contractor Submittals
We will review and approve contractor material submittals for general compliance with the contract documents (60 anticipated).

Task 9.3 Requests of Information
We will review, document, track, and respond to Requests for Information (30 anticipated).

Task 9.4 Requests for Change
We will review, document, track, and respond to Requests for Change (8 anticipated).

Task 9.5 Change Orders
We will review Progress Payments and Change Orders (20 anticipated—12 progress payments and 8 change orders).

Task 9.6 Progress Meetings
We will attend reoccurring construction progress meetings and site visits (12 anticipated -once per month).

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 14
CannonCorp.us
Task 9.7 Record Drawings
We will prepare record drawings following construction from mark ups by the contractor and construction manager. We will prepare record drawings in pdf and .dwg formats (80 sheets anticipated).

TASK 10 PROJECT STARTUP AND CLOSEOUT
Task 10.1 Startup and Closeout
We will provide support services for the startup and closeout of the project as requested. We anticipate three start up sessions—one four hour session for each of the three injection wells.

OPTIONAL TASKS
Optional Task 1 Embarcadero Pipeline/Morro Creek Crossing Design If the abandoned seawater desalination intake pipeline is determined to be unusable for recycled water conveyance, we will prepare a detailed design and provide engineering services during construction for the recycled water pipeline along Embarcadero Road and crossing Morro Creek.

Optional Task 2 FEMA Flood Mapping
A portion of the project scope of work falls within the FEMA 100 and/or 500-year floodplain. We will include a subconsultant (such as Waterways Consulting, Inc.) and staff to provide floodplain inundation modeling and permitting support to construct infrastructure within the Morro Creek floodplain to maintain compliance with the State and Federal funding sources for the project.

Our initial approach will be to evaluate the site with respect to the baseline flood elevations (BFE) shown on the FEMA FIRM map and design finished floor elevations and equipment susceptible to flood damage at least 1-ft above the BFE. Given that the well sites have yet to be determined, we have included a time and materials budget of approximately $40,000 ($10,000 for each well site).

Should the effort exceed this estimate, we will work with the City on an appropriate adjustment to the scope and fee to accommodate the actual work.

Optional Task 3 Outreach Plus Approach
We have estimated the outreach plus approach to be $5,000 per month (based on what we know about the City’s outreach expectations), and we have budgeted for three months. Subtasks may include the following:
• Potable Reuse Strategic Communication: This may include the development of a communications plan, messaging, and materials development that focus specifically on challenges and nuances of potable reuse.

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 15
CannonCorp.us
• Project Outreach Support Services: This may include project outreach activities beyond the called for stakeholder meetings, such as informational materials development, website updates, media relations, events and tours and industry outreach support.

CLARIFICATIONS AND EXCLUSIONS
In addition to the Project Assumptions in Part II.A of the RFP, the following is our list of clarifications and/or specifically excluded services (those items that may accompany a project of this type but are excluded at this time):
• The City will provide timely delivery of all pertinent record information relative to the project.
• Cannon is not responsible and cannot be held accountable for the accuracy of as-builts or record drawings provided by the agencies or utility providers.
• As this proposal has been prepared without the benefit of a current title reports, it is assumed that there is a sufficient amount of available record information to adequately determine the location of the boundaries and encumbrances of the project corridor. Additional work resulting from patent or latent boundary ambiguities, or a lack of available records, may constitute an additional work effort that is not covered within this scope of services.
• Archeological, botanical, and biological services are excluded and are being performed by Others.
• CEQA is assumed to be prepared by the City’s Environmental Consultant. • All data prepared by others and provided to Cannon will be made available in a digital format, compatible with our systems. It is also understood that the information and technical data provided and prepared by others, on the Client’s behalf or Property Owner’s behalf, may be used by Cannon in performing its services and is entitled to rely upon the accuracy and completeness thereof.
• Cannon is not responsible and cannot be held accountable for the accuracy of as-builts or record drawings provided by the agencies or utility providers.
• Landscaping design services are excluded at this time as we need more definition on the actual well sites and City preferences before scoping. • Cannon reserves the right to utilize the overall project funding and will not be held to approved phase or task limits, so long as the overall budget is not exceeded.
• On-site cross-connection surveys and retrofit design for end-users of recycled water (MB High School and Lila Keiser Park) are excluded at this time.

1050 Southwood Drive, San Luis Obispo, CA 93401 240401
T 805.544.7407F 805.544.3863 16
CannonCorp.us
• There will be three bid package submittals: 1. Drilling of the Injection, Monitoring, and Extraction wells; 2. Equipping the injection and extraction wells; and, 3. Constructing the recycled water and potable water pipelines. • Hazardous materials investigation and remediation is excluded. • Public Outreach is included as an optional scope item. • It is assumed that the City will directly pay all necessary permitting and plan check fees with all permitting and plan approval agencies. • Items not specifically identified in the scope of service sections of this proposal are to be excluded and will be considered additional services.

Additional work will be billed on a Time and Materials basis or other mutually acceptable method as an addendum to the original agreement with prior written authorization from City.

Recycled Water Facilities Design and ESDC Support Services Cannon 8 Project Team Description C
Organizational Chart
Survey
🔑 Burl Steude, PLS
Electrical and Automation
Automation
🔑 Jeff Spannbauer, PE
Electrical
🔑 Derek Romer, PE
Structural
🔑 Marshall Pihl, SE
Project Managers
Wells
🔑 Mike Kielborn, PE, LEED AP
Pipelines
🔑 Anthony Severy, PE
QA/QC Engineer
🔑 Gary Roepke, PE
Program Director /
Principal-In-Charge
Main Point of Contact
🔑 Larry Kraemer, PE
City of Morro Bay
Subconsultants
🔑 Mike Markus, PE
🔑 Jim Herberg, PE
Pure Water
Consulting Engineers
(Technical Advisors)
🔑 Judd King, PE, GE
YEH
(Geotechnical)
🔑 Lillian Jewell, DRE
Stephen Myrick, DRE
Hamner Jewell
Associates
(Right-of-Way)
🔑 Sarah Rossetto
Katz & Associates
(Public Outreach)
🔑 Hector Vargas
C-Below
(Potholing)
CCAM
(Aerial Topo)
Project Engineers
🔑 Matt van der Linden, PE
🔑 Tina Kuah, PE
🔑 Foster Campbell, EIT
Maria Murillo Hernandez
Nick Settevendemie
Program Director / Principal-In-Charge
Larry Kraemer, PE brings more than 35 years of civil engineering design experience for municipal projects, including complex water/wastewater systems. Mr. Kraemer previously worked with the Orange County Water and Sanitation Districts as a Senior Engineer on major water resource programs. As Cannon’s Director of Public Infrastructure, he provides oversight of design, resource allocation, construction, planning, contract administration, team/project management, and client sponsorship. Mr. Kraemer is detail-oriented, has astute troubleshooting skills, and takes an innovate approach to design.

As Program Director, Mr. Kraemer provides technical oversight of the design team; conducts meetings with City staff and subconsultants; provides project status updates, invoicing, and budget control; estimates cost and scheduling; and provides multi-agency coordination and public outreach.

Mechanical
Nick Hopkins, PE, LEED
🔑 Key Staff Members

01181.0001/813182.1 B-1

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Boilerplate)

NOT APPLICABLE

01181.0001/813182.1 D-1

EXHIBIT C

SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.

II. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

III. The base fee, contingency, and total agreement amount are as follows:

Base Fee
The base fee for this agreement, not including the contingency, is Three Hundred Fifty-Seven Thousand Nine Hundred and Six Dollars ($357,906). Consultant shall not be compensated for any services satisfactorily rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

Contingency
The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed the total contingency amount of Thirty-Five Thousand Seven Hundred and Ninety ($35,790).

Total Agreement Amount
The total amount for this contract, including the contingency, shall not exceed Three Hundred Ninety-Three Thousand Six Hundred Ninety-Six ($393,696). Any additional work in excess of this amount shall be approved by the City Council.

IV. Consultant shall perform the following tasks at the following rates: See the attached fee estimate on the next page.

FEE ESTIMATE

CITY OF MORRO BAY

EXTRACTION WELL DESIGN AND ESDC SUPPORT SERVICES

MORRO BAY, CA
Geotech
Engineerin
g
Aerial
Topo Potholing Right-of-Way / Property IPR Specialists Public Outreach Reimbursables /Additional Subconsultant Yeh CCAM C-Below H&J PWCE K&A
Hourly Rate
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Cost Cost Cost Cost Cost Cost Cost Hrs Cost

1.1 Project Coordination 8 $2,160 8 $2,048 8 $1,880 8 $920 8 $2,080 8 $1,960 2 $440 2 $360 52 $11,848

1.2 Project Controls 4 $1,080 8 $2,048 4 $940 16 $4,068

1.3 Project Team Meetings 4 $1,080 8 $2,048 8 $920 20 $4,048

1.4 External Agency/Stakeholder Meetings 4 $1,080 8 $2,048 12 $3,128

1.5 Quality Management Plan 4 $1,080 8 $2,048 12 $3,128

1.6 Invoice and Progress Reports 4 $1,080 8 $2,048 8 $920 20 $4,048 28 $7,560 48 $12,288 12 $2,820 24 $2,760 8 $2,080 8 $1,960 2 $440 2 $360 132 $30,268

2.1 Data Collection 2 $540 4 $1,024 4 $940 4 $460 14 $2,964

2.2 Data Review 2 $540 4 $1,024 4 $940 10 $2,504
4 $1,080 8 $2,048 8 $1,880 4 $460 24 $5,468

3.1 Geotechnical Investigations 1 $270 2 $512 2 $470 4 $880 4 $720 $5,000 13 $7,852

3.2 Topographic and Right-of-Way Survey 1 $270 2 $512 2 $470 16 $3,552 6 $1,230 16 $6,080 $1,000 43 $13,114

3.3 Utility Research 1 $270 2 $512 2 $470 4 $796 8 $1,480 4 $460 21 $3,988

3.4 Potholing 1 $270 1 $256 2 $470 4 $796 4 $740 $6,000 12 $8,532

3.5 Base Mapping 1 $270 2 $512 4 $940 24 $4,776 24 $4,440 55 $10,938 5 $1,350 9 $2,304 12 $2,820 32 $6,368 36 $6,660 4 $460 4 $880 4 $720 16 $3,552 6 $1,230 16 $6,080 $5,000 $1,000 $6,000 144 $44,424

4.1 Extraction Well Configuration 2 $540 4 $1,024 8 $1,592 4 $460 8 $2,080 8 $1,960 8 $1,280 4 $880 4 $720 50 $10,536

4.2 Pipeline Alignment and Sizing 2 $540 8 $1,880 16 $3,184 4 $460 30 $6,064

4.3 Equipment Procurement Analysis 2 $540 8 $2,048 4 $460 4 $1,040 4 $980 22 $5,068

4.4 Well Discharge Pump to Waste at Startup Analysis 2 $540 16 $4,096 4 $460 4 $1,040 4 $980 30 $7,116

4.5 Conceptual Design Report 2 $540 8 $2,048 8 $1,880 16 $3,184 16 $1,840 4 $1,040 4 $980 58 $11,512 10 $2,700 36 $9,216 16 $3,760 40 $7,960 32 $3,680 20 $5,200 20 $4,900 8 $1,280 4 $880 4 $720 190 $40,296 5A.1 Coordination with Hydrogeologist/Well-Designer 8 $2,160 16 $4,096 24 $6,256 5A.2 Extraction Well - Well-Drilling Bid Documents 8 $2,160 40 $10,240 8 $920 56 $13,320 5A.3 Bid Phase Support Services5A.3.1 Supporting Distribution of Bid Documents 4 $1,080 4 $1,024 8 $2,104 5A.3.2 Preparing Bid Addenda and Response to Questions 4 $1,080 4 $1,024 8 $2,104 5A.3.3 Facilitating Pre-Bid Conference 4 $1,080 4 $1,024 8 $2,104 5A.3.4 Reviewing Bids for Qualifications/Responsiveness 4 $1,080 4 $1,024 8 $2,104 32 $8,640 72 $18,432 8 $920 112 $27,992
5B.1 60% Plans and Specifications 2 $540 16 $4,096 16 $3,760 40 $7,960 40 $7,400 8 $920 8 $2,080 8 $1,960 32 $5,120 4 $880 12 $2,160 186 $36,876 5B.2 90% Plans and Specifications 2 $540 16 $4,096 16 $3,760 40 $7,960 40 $7,400 8 $920 8 $2,080 8 $1,960 32 $5,120 4 $880 12 $2,160 186 $36,876 5B.3 Final Construction/Bid Documents 2 $540 16 $4,096 16 $3,760 40 $7,960 40 $7,400 8 $920 8 $2,080 8 $1,960 32 $5,120 4 $880 12 $2,160 186 $36,876 5B.4 Bid Phase Support Services5B.4.1 Supporting Distribution of Bid Documents 2 $540 2 $512 4 $1,052 5B.4.2 Preparing Bid Addenda and Response to Questions 2 $540 2 $512 2 $520 2 $490 2 $320 2 $440 12 $2,822 5B.4.3 Facilitating Pre-Bid Conference 2 $540 2 $512 4 $1,052 5B.4.4 Reviewing Bids for Qualifications/Responsiveness 2 $540 2 $512 2 $520 2 $490 2 $320 2 $440 12 $2,822 14 $3,780 56 $14,336 48 $11,280 120 $23,880 120 $22,200 24 $2,760 28 $7,280 28 $6,860 100 $16,000 16 $3,520 36 $6,480 590 $118,376

6.1 Preliminary Cost Opinion 1 $270 1 $256 2 $470 4 $796 2 $520 2 $490 2 $320 14 $3,122

6.2 Final Cost Opinion 1 $270 1 $256 1 $235 4 $796 1 $260 1 $245 1 $160 10 $2,222

6.3 Bid Cost Opinion 1 $270 1 $256 1 $235 4 $796 1 $260 1 $245 1 $160 10 $2,222 3 $810 3 $768 4 $940 12 $2,388 4 $1,040 4 $980 4 $640 34 $7,566

7.1 Preliminary Title Reports $5,000 $5,000

7.2 Plat and Legal Description Document(s) 12 $3,120 12 $3,120 12 $3,120 $5,000 12 $8,120

8.1 General Permitting Support 2 $540 4 $1,024 4 $940 4 $796 4 $460 18 $3,760

8.2 Construction Permitting Support 2 $540 4 $1,024 4 $940 4 $796 4 $460 18 $3,760 4 $1,080 8 $2,048 8 $1,880 8 $1,592 8 $920 36 $7,520

9.1 Schedule and facilitate the pre-construction job walk 1 $270 4 $1,024 2 $470 4 $460 11 $2,224

9.2 Review/Respond Contractor Material Submittals 2 $540 16 $4,096 8 $1,880 16 $1,840 16 $4,160 16 $3,920 8 $1,760 8 $1,440 90 $19,636

9.3 Review/Respond RFI's 1 $270 8 $2,048 4 $940 8 $920 4 $1,040 4 $980 4 $880 33 $7,078

9.4 Review/Respond Request for Change 1 $270 12 $3,072 4 $940 8 $920 4 $1,040 4 $980 4 $880 37 $8,102

9.5 Review/Respond Progress Payments and Change Orders 1 $270 16 $4,096 4 $460 2 $520 2 $490 25 $5,836

9.6 Attend Progress Meetings/Site Visits 1 $270 12 $3,072 4 $1,040 4 $980 21 $5,362

9.7 Prepare Record Drawings 1 $270 8 $2,048 8 $1,880 8 $1,592 8 $1,480 2 $230 2 $520 2 $490 8 $1,280 4 $880 4 $720 55 $11,390 8 2,160$ 76 19,456$ 26 6,110$ 8 1,592$ 8 1,480$ 42 4,830$ 32 8,320$ 32 7,840$ 8 $1,280 20 $4,400 12 $2,160 272 $59,628 Task 9 - Engineering Services During ConstructionTask 8 - Permitting Support SubtotalSubtotalSubtotalSubtotal
Task 4 - Conceptual Design Report
$205
SubtotalSubtotalSubtotal
Associate
Surveyor
Two-Man Survey
Crew (PW)
$222 $380
TASKS
Subconsultants
Total Design Engineer
$160
Cannon
Sr. Principal
Structural
Assoc. Structural
Engr.

Project
Technician
Sr. Principal
Automation
Engr.

Sr. Principal
Electrical Engr.

Electrical and Automation Structural/Architectural Surveying Principal In Charge Senior Principal Engineer II Electrical/Automati on Designer Principal Engineer Senior Project Engineer Civil/Mech
Survey PLS/PM
$270
Task 6 - Engineer's Opinion of Probable Construction Cost Subtotal
$220
Task 2 – Data Collection and Review
Subtotal
Task 7 - Right-of-Way, Easement and/or Property Acquisition SupportTask 5A – Design and Contract Documents - Well DrillingTask 1 - Project Management $256 $235 $199 $185 $115 $260 $245 $180
Subtotal
Task 3 – Site Investigations and MappingTask 5B – Design and Contract Documents - Well Equipping and Site Improvements

FEE ESTIMATE

CITY OF MORRO BAY

EXTRACTION WELL DESIGN AND ESDC SUPPORT SERVICES

MORRO BAY, CA
Geotech
Engineerin
g
Aerial
Topo Potholing Right-of-Way / Property IPR Specialists Public Outreach Reimbursables /Additional Subconsultant Yeh CCAM C-Below H&J PWCE K&A
Hourly Rate
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Cost Cost Cost Cost Cost Cost Cost Hrs Cost $205
Associate
Surveyor
Two-Man Survey
Crew (PW)
$222 $380
TASKS
Subconsultants
Total Design Engineer
$160
Cannon
Sr. Principal
Structural
Assoc. Structural
Engr.

Project
Technician
Sr. Principal
Automation
Engr.

Sr. Principal
Electrical Engr.

Electrical and Automation Structural/Architectural Surveying Principal In Charge Senior Principal Engineer II Electrical/Automati on Designer Principal Engineer Senior Project Engineer Civil/Mech
Survey PLS/PM
$270 $256 $235 $199 $185 $115 $260 $245 $220 $180

10.1 Startup and Closeout Activities 8 $2,160 8 $2,048 8 $2,080 8 $1,960 32 $8,248 8 $2,160 8 $2,048 8 $2,080 8 $1,960 32 $8,248
102 $31,320 268 $82,944 86 $31,490 100 $43,780 44 $30,340 122 $16,790 72 $26,000 72 $24,500 20 $19,200 30 $10,120 22 $10,440 28 $6,672 6 $1,230 16 $6,080 $5,000 $1,000 $6,000 $5,000 988 $357,906 Fees are based on Cannon's current Fee Schedule. Staff billing rates are subject to annual increases within the ranges outlined in the Fee Schedule.Cannon's Reimbursable Expenses incurred in connection with this Project may include incidental and out-of-pocket expenses including but not limited to: costs for postage, shipping, overnight courier, reproduction services, plotting, photocopies, parking fees and tolls, meals, travel, mileageTask 10 - Project Startup and Closeout TOTALS:

Subtotal

01181.0001/813182.1 D-1

EXHIBIT D

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:

See the attached preliminary schedule for services on the next page.

Recycled Water Facilities Design and ESDC Support Services Cannon 48 Project Schedule / Work Plan G ID Task Name Duration Start Finish Predecessors 1 City of Morro Bay - Recycled Water Facilities Design and ESDC 588 days Mon 6/24/24 Wed 9/23/26 2 ***GSI Phase 4, Task 1 - Specs for Injection and Monitoring Well Locations***90 days Mon 6/24/24 Fri 10/25/24 36FF 3 ***Biological Survey (Kevin Merk)*** 90 days Mon 6/24/24 Fri 10/25/24 36FF 4 ***Archeologic Survey (Far Western)*** 90 days Mon 6/24/24 Fri 10/25/24 36FF 5 ***City Determination of Extraction Well Location*** 90 days Mon 6/24/24 Fri 10/25/24 36FF 6 ***City Determination of Two Additional Injection Well Locations*** 90 days Mon 6/24/24 Fri 10/25/24 36FF 7 ***Notice to Proceed for Design Services*** 0 days Mon 6/24/24 Mon 6/24/24 8 Task 1 Project Management 311 days Mon 6/24/24 Mon 9/1/25 9 1.1 Project Coordination 311 days Mon 6/24/24 Mon 9/1/25 7 10 1.2 Project Controls 311 days Mon 6/24/24 Mon 9/1/25 7 11 1.3 Project Team Meetings 311 days Mon 6/24/24 Mon 9/1/25 7 12 1.4 External Agency/Stakeholder Meetings 311 days Mon 6/24/24 Mon 9/1/25 7 13 1.5 Quality Management Plan 311 days Mon 6/24/24 Mon 9/1/25 7 14 1.6 Invoice and Progress Reports 311 days Mon 6/24/24 Mon 9/1/25 7 15 Task 2 Data Collection and Review 91 days Mon 6/24/24 Mon 10/28/24 16 2.1 Data Collection 30 days Mon 6/24/24 Fri 8/2/24 7 17 2.2 Data Review 20 days Mon 7/8/24 Fri 8/2/24 16FF
18 ***City to Provide Well Siting Recommendations*** 1 day Mon 10/28/24Mon 10/28/245,6 19 Task 3 Site Investigations and Mapping 151 days Mon 6/24/24 Mon 1/20/25 20 3.1 Geotechnical Investigations 80 days Mon 8/5/24 Fri 11/22/24 21 3.1.1 Initial Geotech Constraints Analysis 10 days Mon 8/5/24 Fri 8/16/24 16 22 3.1.2 Field Investigation 20 days Mon 10/28/24Fri 11/22/24 38 23 3.2 Topographic and Right-of-Way Survey 110 days Mon 6/24/24 Fri 11/22/24 24 3.2.1 Aerial Mapping and Record Data Boundary Research 20 days Mon 6/24/24 Fri 7/19/24 7 25 3.2.2 Field Survey 20 days Mon 10/28/24Fri 11/22/24 35 26 3.3 Utility Research 30 days Mon 6/24/24 Fri 8/2/24 7 27 3.4 Potholing 20 days Tue 12/24/24 Mon 1/20/25 40
28 3.5 Base Mapping 30 days Mon 6/24/24 Fri 8/2/24 26FF,24FF 29 Task 4 Conceptual Design Report 60 days Mon 8/5/24 Fri 10/25/24 30 4.1 Injection/Extraction Well Configuration 40 days Mon 8/5/24 Fri 9/27/24 16,17FF 31 4.2 Pipeline Alignment and Sizing 40 days Mon 8/5/24 Fri 9/27/24 16,17FF 32 4.3 Seawater Desalination Pipeline Rehabilitation 40 days Mon 8/5/24 Fri 9/27/24 16,17FF 33 4.4 Equipment Procurement Analysis 40 days Mon 8/5/24 Fri 9/27/24 16,17FF 34 4.5 Backflush Alternatives Analysis 40 days Mon 8/5/24 Fri 9/27/24 16,17FF 35 4.6 Conceptual Design Report 60 days Mon 8/5/24 Fri 10/25/24 36 4.6.1 DRAFT CDR 40 days Mon 8/5/24 Fri 9/27/24 30FF,31FF,32FF,33FF,34FF 37 ***City Review and Comment*** 15 days Mon 9/30/24 Fri 10/18/24 36 38 4.6.2 FINAL CDR 5 days Mon 10/21/24Fri 10/25/24 37
39 Task 5 Design and Contract Documents 221 days Tue 10/29/24 Tue 9/2/25 40 5.1 60% Plans and Specifications 40 days Tue 10/29/24 Mon 12/23/2425FF,38,22FF,18 41 ***City Review and Comment*** 15 days Tue 12/24/24 Mon 1/13/25 40 42 5.2 90% Plans and Specifications 40 days Tue 1/14/25 Mon 3/10/25 41 43 ***City Review and Comment*** 15 days Tue 3/11/25 Mon 3/31/25 42 44 5.3 Final Construction/Bid Documents 40 days Tue 4/1/25 Mon 5/26/25 43 45 ***City to Advertize for Bidding*** 10 days Tue 5/27/25 Mon 6/9/25 44 46 5.4 Bid Phase Support Services 61 days Tue 6/10/25 Tue 9/2/25 47 5.4.1 Supporting Distribution of Bid Documents 60 days Tue 6/10/25 Mon 9/1/25 45 48 5.4.2 Preparing Bid Addenda and Response to Questions 60 days Tue 6/10/25 Mon 9/1/25 45 49 5.4 3 Facilitating Pre-Bid Conference 60 days Tue 6/10/25 Mon 9/1/25 45 50 5.4.4 Reviewing Bids for Qualifications/Responsiveness 60 days Tue 6/10/25 Mon 9/1/25 45 51 ***City Awards Construction Contract*** 1 day Tue 9/2/25 Tue 9/2/25 50 52 Task 6 - Engineer's Opinion of Probable Construction Cost 166 days Mon 10/7/24 Mon 5/26/25 53 6.1 Preliminary Cost Opinion 15 days Mon 10/7/24 Fri 10/25/24 35FF 54 6.2 Intermediate Cost Opinion 15 days Tue 12/3/24 Mon 12/23/2440FF 55 6.3 Final Cost Opinion 15 days Tue 2/18/25 Mon 3/10/25 42FF 56 6.4 Bid Cost Opinion 15 days Tue 5/6/25 Mon 5/26/25 44FF 57 Task 7 Right-of-Way, Easement and/or Property Acquisition Support 1 day Mon 6/24/24 Mon 6/24/24 58 7.1 Preliminary Title Reports 1 day Mon 6/24/24 Mon 6/24/24 59 7.2 Plat and Legal Description Document(s) 1 day Mon 6/24/24 Mon 6/24/24 60 Task 8 Permitting Support 1 day Mon 6/24/24 Mon 6/24/24 61 8.1 General Permitting Support 1 day Mon 6/24/24 Mon 6/24/24 62 8.2 Construction Permitting Support 1 day Mon 6/24/24 Mon 6/24/24 63 Task 9 Engineering Services During Construction 276 days Wed 9/3/25 Wed 9/23/26 64 ***City Issues Notice to Proceed Construction*** 1 day Wed 9/3/25 Wed 9/3/25 51 65 9.1 Schedule and facilitate the pre-construction job walk 1 day Wed 9/3/25 Wed 9/3/25 64SS 66 9.2 Review/Respond Contractor Material Submittals 260 days Thu 9/4/25 Wed 9/2/26 64 67 9.3 Review/Respond RFI's 260 days Thu 9/4/25 Wed 9/2/26 64 68 9.4 Review/Respond Request for Change 260 days Thu 9/4/25 Wed 9/2/26 64 69 9.5 Review/Respond Progress Payments and Change Orders 260 days Thu 9/4/25 Wed 9/2/26 64 70 9.6 Attend Progress Meetings/Site Visits 260 days Thu 9/4/25 Wed 9/2/26 64 71 9.7 Prepare Record Drawings 20 days Thu 8/27/26 Wed 9/23/26 73FF 72 Task 10 Project Startup and Closeout 15 days Thu 9/3/26 Wed 9/23/26 73 10.1 Startup and Closeout Activities 15 days Thu 9/3/26 Wed 9/23/26 70 6/24
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City of Morro Bay

RECYCLED WATER FACILITIES DESIGN AND ESDC

PRELIMINARY SCHEDULE

Project: 240401_Preliminary Sche
Date: Tue 4/23/24

Prepared By: __AW________ Dept Review: ________
City Manager Review: __YK _ City Attorney Review: CFN
Staff Report
TO: Honorable Mayor and City Council DATE: June 6, 2024 FROM: Amy Watkins, Police Chief
SUBJECT: San Luis Obispo County Regional Special Weapons and Tactics Team Memorandum of Understanding

RECOMMENDED ACTION
Adopt Resolution No. 33-24 Authorizing the Chief of Police to sign an updated Memorandum of Understanding for the city’s participation in the San Luis Obispo County Regional Special Weapons and Tactics Team (Regional SWAT Team).

ALTERNATIVES
The Council may choose not to adopt Resolution No. 33-24 and provide direction as deemed appropriate by a majority of the Council.

FISCAL IMPACT
Expenses to support the Police Department SWAT Team members and equipment are included in the annual Police Department budget. The Morro Bay Pollice Department annual regional SWAT team contribution is $7,000.

There are no additional fiscal impacts associated with the signing of the updated agreement.

DISCUSSION
Since 2008, the Cities of Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo along with California Polytechnic State University San Luis Obispo and California State Parks have operated a Regional SWAT Team under a previously signed agreement. The SWAT Team utilizes special tactics and equipment to manage and resolve critical incidents involving armed or barricaded suspects, hostages, and high-risk warrant services or incidents that are high risk and so hazardous, complex, or unusual they may exceed the capabilities of first responders or investigative units in their respective jurisdictions.

In January 2024, the Regional SWAT Team Governing Board, which is made up of the head law enforcement officer of the respective participating agencies reviewed the previous agreement and prepared a new Memorandum of Understanding (MOU) with updated information. The MOU updates included additional language in the categories under Purpose, Term, Agency Responsibilities, AGENDA NO: 7.d
MEETING DATE: June 11, 2024

Agency Budgeting, and Indemnification. The MOU has been reviewed by each agency’s legal counsel as to form. The term of the MOU will be until June 30, 2029; however, the MOU allows the participating agencies to automatically renew the MOU for three successive five-year increments as long as there are no substantive changes needed.

ATTACHMENT

1. Resolution No. 33-24

2. San Luis Obispo County Regional SWAT Team MOU

RESOLUTION NO. 33-24

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING TO PARTICIPATE IN THE SAN LUIS OBISPO REGIONAL SPECIAL

WEAPONS AND TACTICS TEAM (REGIONAL SWAT TEAM)

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Cities of Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, along with the California Polytechnic State University San Luis Obispo (Cal Poly) and California State Parks have operated a Regional SWAT Team under a previously signed written agreement; and
WHEREAS, the participating agencies chief law enforcement officer has reviewed and prepared a new Memorandum of Understanding (MOU) modernizing the language in several sections, including but not limited to, the Purpose, Term, Agency Responsibilities, Agency Budgeting and Indemnification; and
WHEREAS, the mou has been reviewed by the participating agencies legal counsels, who have approved the MOU as to form.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows:

1. Authorize the Chief of Police to sign the referenced Memorandum of Understanding for the City to participate in the San Luis Obispo Regional Special Weapons and Tactics Team (Regional SWAT Team), which is attached to the June 11, 2024 City Council agenda report for this resolution and is incorporated herein by this reference.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of June 2024 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
______________________________

CARLA WIXOM, MAYOR
ATTEST:
______________________________

DANA SWANSON, CITY CLERK

MEMORANDUM OF UNDERSTANDING

BETWEEN THE ARROYO GRANDE POLICE DEPARTMENT,

THE GROVER BEACH POLICE DEPARTMENT,

THE MORRO BAY POLICE DEPARTMENT,

THE PASO ROBLES POLICE DEPARTMENT,

THE PISMO BEACH POLICE DEPARTMENT,

THE CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN LUIS OBISPO POLICE

DEPARTMENT, AND

CALIFORNIA STATE PARKS

REGARDING IMPLEMENTATION AND DEPLOYMENT OF A JOINT REGIONAL

LAW ENFORCEMENT SPECIAL WEAPONS & TACTICS TEAM
I. PARTIES
The parties of this Memorandum of Understanding (“MOU”) dated this _____ day of ____________, 20___, are the Arroyo Grande Police Department, Grover Beach Police Department, Morro Bay Police Department, Paso Robles Police Department, Pismo Beach Police Department, San Luis Obispo Police Department, California Polytechnic State University San Luis Obispo Police Department and the State of California, through its Department of Parks and Recreation (“State Parks”) (hereinafter referred to individually as a “Participating Agency” and collectively as “Participating Agencies”).

II. AUTHORITY
This MOU shall be executed on behalf of each Participating Agency by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each Participating Agency. This MOU shall be deemed effective upon the last date of execution by the last authorized representative. This MOU may be executed in counterparts and be valid as if each authorized representative had signed the original document.

III. NAME OF JOINT ORGANIZATION
The name of the team shall be the San Luis Obispo County Regional Special Weapons and Tactics Team (“Regional SWAT Team”).

IV. PURPOSE
The Participating Agencies named in this MOU are in close geographic proximity within San Luis Obispo County and share similar needs for police response to high risk and critical incidents.

The Participating Agencies of this MOU will select respective personnel for joint membership in the Regional SWAT Team. The Regional SWAT Team may operate and

have jurisdiction in each of the Cities or jurisdictions of each Participating Agency in order to provide their respective communities with effective and efficient delivery of key public safety services in response to critical incidents including, but not limited to, hostage situations, barricaded subjects, high-risk warrant services, high-risk apprehension, dignitary protection, terrorist events, and special assignments or other incidents that exceed the routine capability of the Participating Agencies first responders and investigative resources. This MOU shall allow for the combination of personnel onto the Regional SWAT Team to ensure delivery of these key services at the highest level possible for the Participating Agencies.

The Participating Agencies recognize that response to critical incidents can be enhanced and efficiency increased by combining police personnel with such specialized training and expertise into a Regional SWAT Team that is available for response to any of the Participating Agencies and in accordance with the terms and conditions set forth herein.

V. TERM, RENEWAL, AND TERMINATION OF THE AGREEMENT
a. The term of the MOU will be from ___ June, 2024 to June 30, 2029. b. To accommodate the operational needs of the Participating Agencies, upon agreement of all parties, this MOU may be renewed for three (3) successive five (5) year periods. c. Any Participating Agency may withdraw from this MOU at any time, without cause, upon giving all parties written notice thereof.
d. If one (1) or more Participating Agencies terminate their participation in the Regional SWAT Team, but the Regional SWAT Team continues to exist, the Participating Agency(ies) terminating participation shall be deemed to have waived any right or title to any property jointly funded by the Regional SWAT Team or share in the proceeds at the time of disbandment.
e. If the Governing Board determines that a Participating Agency is not in compliance with this MOU or the policies and procedures established for the Regional SWAT Team, the Governing Board, by majority vote of all Participating Agency Police Chiefs, may remove the Participating Agency from the Regional SWAT Team and from the obligation of this MOU. A designee vote, or proxy vote, is not valid for this action. As used herein, the term “Police Chiefs or Chiefs” shall also be deemed to mean a Superintendent of State Parks. f. The Regional SWAT Team may be disbanded by a majority vote of the Governing Board. Any vote for termination shall only occur when the Police Chief of each Participating Agency is present at the meeting in which such a vote is taken. g. Upon termination of this MOU, or the removal of a Participating Agency from this MOU, each Participating Agency shall retain sole ownership of the equipment purchased and provided to its participating SWAT team members.

h. Upon disbanding of the Regional SWAT Team, any assets acquired with grant funds from the Department of Homeland Security (DHS) shall be turned over to the San Luis Obispo County Office of Emergency Services, the grant administrator for San Luis Obispo County.
i. Upon disbanding of the Regional SWAT Team, any assets acquired with joint funds of the SWAT team’s Participating Agencies still operating at the time of the disbanding, shall be equally divided among the Participating Agencies at the asset’s fair market value upon termination.
j. If two or more Participating Agencies desire an asset, the final decision shall be made by arbitration as follows:
i. The Participating Agencies interested in the asset shall select one (1) person (Arbitrator) to determine which agency will receive the asset. If the Participating Agencies cannot agree to an Arbitrator, the Chiefs of the Participating Agencies participating in the Regional SWAT Team at the time of disbandment shall meet to determine who the Arbitrator will be. The arbitrator may be any person not employed by the Participating Agencies that desire the asset. ii. During a meeting with the Arbitrator, each Participating Agency interested in the asset shall be permitted to make an oral or written presentation to the Arbitrator in such support of its position.
iii. At the conclusion of the presentation, the Arbitrator shall determine which Participating Agency is to receive the asset. The decision of the Arbitrator shall be final and shall not be subject to appeal or review.

VI. GOVERNANCE
A Regional SWAT Team Governing Board comprised of the Chiefs of the Participating Agencies, shall provide oversight of the Regional SWAT Team, including but not limited to, adoption and modification of policies and operating procedures, selection of command staff, compliance with this MOU and fiscal management. The Governing Board will meet monthly or as needed. The presence of five (5) Governing Board members, or their designee, constitutes a quorum.

A presiding officer, known as the Chair, shall, at all times, be a Police Chief from a Municipal agency within San Luis Obispo County. The Chair shall have at least one year of experience as a Police Chief in San Luis Obispo County and must have previously served as a Vice Chair prior to ascending to the Chair position.

The subsequent presiding officer, known as the Vice Chair, shall take office in January of each year. The Vice Chair will act as the Chair in the absence of the Chair for any meetings. The Vice Chair shall be appointed to their role based on a geographical accession plan beginning with the South County agencies and ascending to the North

County agencies. The Vice Chair will ascend to the Chair position after the term of the presiding officer has concluded, or in the instance of the presiding officer vacating the Chair. The Vice Chair will complete the term of the vacating Chair and then start their annual term the following January.

Each member of the Governing Board shall have an equal vote and voice on all Board decisions. All Governing Board decisions shall be made by a majority vote of the Governing Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Governing Board members, or their designees, must be present at each meeting for any actions taken to be valid.

VII. NOTICES
Notices and communications between the Participating Agencies shall be sufficiently given if sent by first-class mail, e-mail, personal delivery, or facsimile transmission, to the Chief of Police of the Participating Agencies. The Chair shall provide no less than fortyeight (48) hours’ notice of all meetings to all members of the Governing Board; provided, however, that in emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Governing Board members to resolve any issues related to such emergency.

VIII. SWAT TEAM COMMAND STRUCTURE
a. Personnel and Selection. The Regional SWAT Team shall consist of employees from the Participating Agencies assigned as tactical officers, tactical supervisors and commanders, crisis negotiators, and support personnel. The Regional SWAT Team configuration may be comprised of as many sub-teams or reserve teams as needed for a particular incident. The appointment of the Regional SWAT Commander and Tactical Commander(s) will be made by the Governing Board.
b. Incident Commander. The Participating Agency where an incident occurs shall be in overall command and control of the incident and shall designate an Incident Commander from their command level.
c. SWAT Commander. The Regional SWAT Commander will serve as part of the Incident Command staff in all jurisdictions and will directly oversee the Regional SWAT Team tactical command and the operational control of the Regional SWAT Team. The Regional SWAT Commander and the Tactical Commander are responsible for the actual deployment of the SWAT Team, tactical decision making and tactical resolution of the incident, with approval of the Incident Commander.
d. Command and Control of Staff. While engaging in any Regional SWAT Team activity, it is understood that the collaborative effort of the Regional SWAT Team entails respect for the established chain of command within the team. However, it is imperative to maintain the integrity of personnel within the respective city jurisdiction where the SWAT activity is happening. Therefore, jurisdictional control over personnel, outside of the

Regional SWAT Team, including peace officers, civilian employees, community service officers, or volunteers, shall remain under the authority of the City Incident Commander or their designated representative and in Unified Command with the Regional SWAT Team. This ensures seamless coordination between the SWAT team and the Incident Commander, facilitating efficient operations.

IX. REQUESTS FOR SWAT TEAM ACTIVATION
To request Regional SWAT Team activation, the Participating Agency command staff shall contact the San Luis Obispo Police Department Dispatch Center and request to speak to the Regional SWAT Team Commander. Should the SWAT Team Commander be unavailable, the request will then be made to the Tactical Commander, or if unavailable, finally to the Assistant Tactical Commander(s). When it is agreed that activation will occur, the San Luis Obispo Police Department Dispatch Center will begin the call-out procedures starting with the Regional SWAT Team leadership. If contact cannot be made with the Regional SWAT Team Commander, Tactical Commander, or Assistant Tactical Commander(s) then there will be no call-out of the Regional SWAT Team.

X. PARTICIPATING AGENCY RESPONSIBILITIES
a. Participating Agency Staffing. The Participating Agencies will assign and maintain personnel for the Regional SWAT Team sufficient to provide appropriate joint coverage for critical incidents in any of the Participating Agencies’ jurisdictions, but no fewer than one sworn peace officer, assigned and trained as a SWAT Team Operator. Each Participating Agency will respond to requests for Regional SWAT Team services in all participating jurisdictions as promptly and fully as practical, based on established response criteria and so long as the Participating Agency is in good standing. Good standing means the Participating Agency has met their financial and personnel obligations to the Regional SWAT Team and that participating team members have attended mandatory training and are properly equipped. Participating Agencies not in good standing may petition the Governing Board for a majority vote for consideration of a temporary financial offset to maintain SWAT services in the amount of $12,000 annually or $1000 monthly (prorated) until the Participating Agency is able to meet the minimum personnel contribution. The Chiefs of each Participating Agency may accept or decline the services of the Regional SWAT Team or may withdraw their employees from any Regional SWAT Team response for any legitimate reason. i. Public Information and Media Requests. Any release of public information in response to a public information request will be made in compliance with the California Public Records Act (CPRA). Each agency will be responsible for responding or coordinating a response to CPRA requests they receive. Information in possession of one agency may not necessarily be in the possession of the other agency, making it necessary for each to be responsible for requests received by said agency. The law

enforcement agency having primary jurisdiction over the location to which the Regional SWAT Team responds during any specific critical incident or other event will be responsible for overall media relations for the duration of that event, including providing a Public Information Officer / Spokesperson at the scene of the incident if necessary; although that agency may request assistance of personnel from another Participating Agency for the purpose of media relations if needed.
ii. Detective and Investigative Support. The agency of primary jurisdiction in which the SWAT incident is occurring, will provide at least one (1) sworn peace officer assigned to Criminal Investigations or comparable position with like responsibilities to serve as an investigative resource in procuring search and/or arrest warrants, evaluating criminal charges, and when necessary, liaising with command and/or and the District Attorney’s Office on criminal charges.
iii. Personnel Qualifications. The Governing Board shall establish uniform minimum qualifications and appropriate selection processes for Regional SWAT Team members, including the SWAT Commander and Tactical Commander positions. Each Participating Agency may establish additional minimum qualifications for their personnel to be considered for the Regional SWAT Team.
b. Policies, Procedures, Guidelines and Regulations. The Participating Agencies agree that their employees will adhere to the policies, procedures, guidelines, and regulations of the Regional SWAT Team. Personnel assigned to the Regional SWAT Team shall be deemed to be continuing under the employment of their respective agency and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon them as Peace Officers and Support Staff employees in their own jurisdiction. Actions taken by individual personnel from the Participating Agencies shall be subject to the policies and procedures of their respective agency, to include the appropriate Use of Force policies. In the event any personnel from a Participating Agency should be ordered by the agency of jurisdiction's incident commander or SWAT command personnel to engage in an action, or refrain from engaging in an action, that the Participating Agency's personnel believes would result in violation of their agency's policies and procedures, this fact shall immediately be brought to the attention of the incident commander or the SWAT command personnel unless such notification risks immediate loss of life or damage to property. Should the incident commander or the SWAT command personnel order the Participating Agency personnel to engage in such action, or to refrain from engaging in an action, notwithstanding such notification, the agency of jurisdiction shall hold harmless, defend and indemnify the Participating Agency and its officials, employees and agents against any and all claims arising out of such action or failure to act.
c. AB 481 Reporting. In compliance with AB 481, codified in Government Code sections 7070 through 7075, all Participating Agencies shall list the Regional SWAT Team’s

potential use of “military equipment” in their jurisdiction during their annual reporting to their respective governing body. Each Participating Agency should also report the use and replacement of the military equipment used by their respective members. d. Administrative Investigations. Any administrative investigation of a Regional SWAT Team member shall be conducted by the Participating Agency employing the Regional SWAT Team member. Any administrative action resulting from such an investigation shall be at the discretion of the Regional SWAT Team member’s employing agency.

Investigatory findings which may impact the fitness for duty of a Regional SWAT Team member will be promptly reported to the Governing Board consistent with the Peace Officer’s Procedural Bill of Rights and Penal Code 832.7. The Participating Agency shall always retain the discretion to remove the member from the Regional SWAT Team.

XI. BUDGET, EQUIPMENT, AND TRAINING
a. Participating Agency Budget. Each Participating Agency shall financially contribute annually for consumable Regional SWAT Team supplies, training and equipment used during a Regional SWAT Team training or deployments.
i. The Governing Board may appoint the finance department of a municipal Participating Agency (City) to manage the finances of the Regional SWAT Team. Before appointing the finance department of a particular City, the Governing Board shall consult with the finance department and obtain its approval. The duty of managing the finances for the Regional SWAT Team may be rotated to other municipal Participating Agencies at the discretion of the Governing Board. A budget report should be made available at the request of the Governing Board for annual review. It is recommended that each Participating Agency maintain an independent budget tracking system to track funds expended by its participating Regional SWAT Team members.
ii. As required by this agreement, the Participating Agencies acknowledge and agree that funding under this MOU will be made from funds available to the Participating Agencies. Funding for the participation in, and expenditures paid or incurred for the execution of, this MOU have been made, or will be made in successive years, as provided, and approved through the respective annual budgets approved by the Participating Agencies governing bodies or at the Agency Head’s discretion, as applicable to each respective Participating Agency’s own policies and procedures.
iii. Each Participating Agency shall deposit an annual contribution of five thousand dollars ($5,000.00) to the Regional SWAT Team account, no later than September 1st of each year of the MOU. The City whose finance department has agreed to act as the financial

manager for the Regional SWAT Team and appointed to this role by the Governing Board shall receive an annual administrative fee as set by the Governing Board and agreed upon by the financial manager City. When applicable, the financial manager City will collect the administrative fee as of September 1st of each year or after the last city has paid their annual contribution, whichever occurs later. Invoicing will occur no later than August 1st of each year of the MOU, with net 30 days to deposit funds. Financial reporting and expenditures against the Regional SWAT Team account will be in accordance with policies established by the Regional SWAT Team Governing Board.
b. Personnel Costs. Participating Agencies will be responsible for all personnel costs and obligations associated with the staff members they assign to the Regional SWAT Team, including costs associated with salary and benefits, overtime, training, and workers’ compensation. Each Participating Agency will be responsible for their respective personnel costs during each Regional SWAT Team activation, scheduled training, briefings and team meetings.
c. Equipment. Each Participating Agency will be responsible for the costs of all necessary individual tactical equipment and weapon(s) issued to the Regional SWAT Team members from that Participating Agency for use during Regional SWAT training and deployment.
d. Joint Capital Expenditures. The Governing Board must approve all joint capital expenditures for the Regional SWAT Team.
e. Participation in Training. Participating Agencies agree that Regional SWAT Team abilities are highly perishable and specialized. For this reason, each Participating Agency will attempt to accommodate the team members in attending the training to the best of that agency’s ability. Routine failure to attend scheduled training may result in a Participating Agency’s team member being removed or suspended from the Regional SWAT Team.

XII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
a. Each Participating Agency is an independent entity, and this MOU does not create a separate legal entity. Each Participating Agency shall, always, remain an independent entity solely responsible for all acts of its employees or agents, including any negligent acts or omissions.
b. Each Participating Agency shall consider any request and deployment of the Regional SWAT Team a request for assistance by the requesting law enforcement agency. It is the intent of the Participating Agencies to provide services of the Regional SWAT Team without the threat of being subject to liability to one another and to fully

cooperate in the defense of any claims or lawsuits arising out of or connected with the Regional SWAT Team actions that are brought against the jurisdictions. c. Each Participating Agency that assigns employees to the Regional SWAT Team pursuant to this MOU or deploys personnel with the Regional SWAT Team for limited or special purposes shall retain full financial responsibility for its own employees, for all vehicles and other equipment owned, leased, or used by its own employees, and for any injury or liability claims, including workers’ compensation claims, made by its own employees. Each Participating Agency shall defend, indemnify and hold harmless each and every other Participating Agency and their officers and employees from and against any and all liability, losses, claims or damages whatsoever, resulting from the acts or omissions of the indemnifying Participating Agency or its officers or employees related to participation on the Regional SWAT Team or from any defects in vehicles or other equipment owned or leased by the indemnifying Participating Agency and used by the Regional SWAT Team.
d. In the event of concurrent or shared negligence of a City, its officer and/or employees, and any other party to this MOU, its officers, employees, and/or agents then the liability for any and all claims for injuries or damages to persons and/or property which arise out of any incident or event in which a party has used the Regional SWAT Team under the terms and conditions of this MOU, shall be apportioned by the parties under the California doctrine of comparative negligence as established presently, or may be altered hereafter. If the parties fail to agree on the apportionment, then the apportionment shall be established by an arbitrator mutually selected by the parties signatory to this MOU, or by the Court.
e. Insurance. Each Participating Agency shall always maintain in full force during the performance of this MOU, a policy, or policies of insurance (or self-insurance covering same) and in the minimum limits of liability as stated herein. i. Comprehensive general liability, on an “occurrence” basis, including but not limited to premises, personal injuries, products, advertising injury, and completed operations for combined single limit of not less than $1,000,000 per occurrence. If the general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Comprehensive automobile liability, including but not limited to property damage, bodily injury, and personal injuries for combined single limit of not less than $1,000,000 per occurrence.
iii. Worker’s Compensation as required by law.

XIII. MODIFICATIONS
This MOU may be modified, amended, or altered by agreement of all Participating Agencies and such alteration, amendment, or modification shall be effective when reduced to writing and approved by the Police Chiefs of the Participating Agencies.

XIV. RECORDS RETENTION
Each Participating Agency shall maintain employee training records related to their team members assigned to the Regional SWAT Team. The Regional SWAT Team SWAT Commander will be responsible for ensuring the training records for Regional SWAT Team in accordance with the Regional SWAT Team Policy Manual.

XV. IMPLEMENTATION GUIDELINES
The Chiefs of the Participating Agencies shall jointly promulgate this MOU, as approved by their Participating Agency Attorney as to form.

XVI. SEVERABILITY
If any part, paragraph, section, or provision of this MOU is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this MOU.

XVII. WAIVER
Any waiver of any terms and conditions hereof must be in writing and signed by the Participating Agencies hereto. A waiver of any of the terms and conditions hereof shall not be construed as a waiver of any other terms or conditions in this MOU.

IN WITNESS WHEREOF, this MOU is executed by the following agencies:

By signing below, the signor certifies that they have the authority to sign this MOU on behalf of their Participating Agency, and the Participating Agency agrees to the terms of this MOU.
________________________________ _______________________________ Michael Martinez, Date John Peters, Date
Chief of Police Chief of Police
City of Arroyo Grande City of Grover Beach

________________________________ _______________________________ Amy Watkins Date Damian Nord Date
Chief of Police Chief of Police
City of Morro Bay City of Paso Robles
________________________________ _______________________________ Jeff Smith Date Rick Scott Date
Chief of Police Chief of Police
City of Pismo Beach City of San Luis Obispo
_______________________________ _______________________________ George Hughes Date Dan Falat Date
Chief of Police Superintendent
California Polytechnic State University California State Parks Police Department

Participating Agencies
San Luis Obispo County Regional Special Weapons and Tactics Team (Regional SWAT)
As of March 1, 2024
City of Arroyo Grande Police Department
City of Grover Beach Police Department
City of Morro Bay Police Department
City of Paso Robles Police Department
City of Pismo Beach Police Department
City of San Luis Obispo Police Department
California Polytechnic State University Police Department California State Parks

Prepared By: ___AD_____ Dept Review: _gk___
City Manager Review: _YK___ City Attorney Review: ___
Staff Report
TO: Honorable Mayor and City Council DATE: June 6, 2024 FROM: Cindy Cecil, SE/CE – City Engineer
Austin Della, Senior Civil Engineer
SUBJECT: Morro Bay Parking Lot Rehabilitation Notice of Completion

RECOMMENDED ACTION

1. Accept the work as performed by Ramsey Asphalt and Construction; and

2. Authorize issuance and recording of the Notice of Completion; and

3. Authorize the reallocation of the unspent funds to the Pavement Management Program.

BACKGROUND
The Morro Bay Parking Lot Rehabilitation project had a total budget of $311,867.48 put together with the following project budgets:
 Repave Police Annex project for $71,490 in FY 2021/22;  Lila Kaiser Parking Lot Rehabilitation and ADA Upgrades budgeted at $120,000 in FY 2022/23;  Lila Kaiser Parking Lot Rehabilitation and ADA Upgrades budgeted at an additional $80,000 in FY 2023/24; and
 A reallocation of $40,377.48 remaining fund balance from FY 2023/24 LRSP Implementation project.

On January 23, 2024, City Council awarded a contract for Morro Bay Parking Lot Rehabilitation to Ramsey Asphalt and Construction in the amount of $236,788.62. City Council also approved a 10% contingency of $23,678.00 and $5,000.00 for Inspection, for a total construction amount of $265,466.62.

On May 24, 2024, work was completed and accepted by City staff when the final punch list items were addressed. The final cost for construction was $229,726.45. Less concrete and asphalt was used than anticipated, bringing the final cost to $7,062.17 less than the approved contract amount. With design/other costs limited to $46,409.70, the total spent on the project was $281,136.15, leaving $35,731.33 in unspent funds.

DISCUSSION
City Council approval is now requested to accept the work and authorize staff to file a Notice of Completion for the work and reallocate the remaining funds to the Pavement Management Program capital project.

The remaining funds from the original allocation to this project amount to $35,731.33. City Staff proposes to reallocate these funds to the Pavement Management Program capital project.

ATTACHMENTS

1. Notice of Completion

2. Pre-Construction and Post-Construction Photos
AGENDA NO: 7.e
MEETING DATE: June 11, 2024

When recorded mail to:

City of Morro Bay – City Engineer
595 Harbor Street
Morro Bay, Ca. 93442-1957

NOTICE OF CONTRACT COMPLETION

CITY OF MORRO BAY
595 Harbor Street
MORRO BAY, CA 93442
TEL: (805) 772-6261
Date: Thursday, June 06, 2024
To: Ramsey Asphalt and Construction
From: Public Works Department – Engineering Division

1. NO FEE PER GOVT CODE SECTION 6103.

2. Contract No: MB2022-MA01-MORRO BAY PARKING LOT REHABILITATION Dated: May 31, 2024
For: Rehabilitation of Morro Bay Parking Lots

3. Contractor: Ramsey Asphalt and Construction
1244 W. Main Street
Santa Maria, CA 93458

4. Location and Description of Work:

Location – Morro Bay, CA
Description – This project consists of pavement rehabilitation at both Lila Keiser and PD Annex parking lot, as well as concrete flatwork and ADA upgrades at Lila Keiser Park.

5. Commenced Work On: 03/29/2024
Contract Completed On: 05/24/2024
Total Days: 39 Working Days
Contract Days Allowed: 60 Working Days

6. That the interest or estate stated in Item 4 herein is owned by the City of Morro Bay.

7. Final Amount: $ 229,726.45
Signed: _____________________________________
Cindy Cecil, SE/CE, City Engineer

The undersigned hereby deposes and says:

That she is the City Clerk of the City of Morro Bay, County of San Luis Obispo, California; that she has read the foregoing Notice and knows the contents thereof and that the same is true of her own knowledge.

I declare the foregoing to be true under penalty of perjury.

Executed at Morro Bay, California, this _________ day of _________________, 20___ _________________________________________
Dana Swanson, City Clerk

Lila Keiser Park

PD Annex Parking

Prepared By: J Burlingame Dept Review:_ _gk_____
City Manager Review: __YK________ City Attorney Review: ___LNL____ Staff Report
TO: Honorable Mayor and City Council DATE: June 5, 2024 FROM: Janeen Burlingame, Management Analyst
SUBJECT: Public Hearing to Report on Delinquent Solid Waste Collection Accounts and Adopt Resolution No. 34-24 Authorizing San Luis Obispo County Assessor to Assess Amounts Due on Delinquent Solid Waste Collection Accounts as Tax Liens Against the Properties

RECOMMENDED ACTION
Conduct a public hearing to receive the report on delinquent solid waste collection fees, hear any objections or protests to the report, authorize the addition of the City’s 2% administration fee to the delinquent fees, and adopt Resolution No. 34-24 authorizing the San Luis Obispo County Tax Assessor to assess amounts due on delinquent solid waste collection accounts as tax liens against the properties. Pursuant to California Health and Safety Code Section 5473, this Resolution should be adopted by a two-thirds vote of the members of the City Council.

FISCAL IMPACT
The City will receive the 10% franchise fee per the Garbage, Recycling, & Green Waste Agreement on all liens paid in addition to a 2% administrative fee for costs associated with the processing of the liens with the San Luis Obispo County Assessor. Revenue to be received by the City (just for the collection of delinquent accounts, administrative fee thereon, and attendant franchise fee revenue remittable from the hauler on such delinquencies) will be $201.37.

BACKGROUND
Per the Garbage, Recycling, & Green Waste Agreement, between the City and Waste Connections (operating as Morro Bay Garbage Service), the City Council establishes solid waste collection fees and Morro Bay Garbage Service (MBGS) bills for and collects these fees from residential and commercial customers.

Morro Bay Municipal Code (MBMC) Sections 8.16.170 and 8.16.375 establish all places and premises in the City in or on which solid waste is created, accumulated, or produced must use the solid waste collection and disposal service provided by the City's franchisee, MBGS.

MBMC Section 8.16.170 also states, for the purposes of establishing responsibility for the payment of fees and charges, the person who has applied for water service within the City is responsible for paying for the solid waste service. In addition, the owner of the property that is furnished solid waste service, if different from that water customer, is jointly responsible for the payment of all solid waste rates, charges, and fees, including penalties. Any unpaid obligations shall run with the land and lead to delinquency for the property involved.

MBMC Section 8.16.385 addresses delinquent solid waste accounts held by the City’s franchisee, AGENDA NO: 8.a
MEETING DATE: June 11, 2024

2 and defines the methodology related to collecting those debts including the preparation of a list of property owners whose accounts are more than 120 days past due, sending a certified letter to the property owner requesting payment within 45 calendar days, and presenting to the City a list of property owners that have failed to make the requested payment by the due date.

Government Code §38790.1 states any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Government Code §25831. Additionally, Health and Safety Code §5473 states a two-thirds majority vote of the City Council would be needed to have delinquent charges collected on the tax roll. These code sections detail other procedural requirements, including at least once a year the preparation of, and filing with the City, a report on delinquent fees describing each real property parcel receiving solid waste collection services and the charges for each parcel; the City fixing a time, date, and place for hearing the report and any objections or protests to said report; and mailing a notice of the hearing to property owners listed on the report 10 days prior to the date of the hearing.

After conducting the public hearing to receive the report on delinquent solid waste collection fees and any objections or protests of the property owners liable for the delinquent solid waste fees, the City Council is then requested to confirm the delinquent fees presented in the report, authorize adding to those delinquent fees the City’s 2% administration fee, and authorize the San Luis Obispo County Assessor to assess those amounts due on the delinquent accounts with the City’s administration fee as liens against the property.

Should the City Council authorize the County Assessor to assess the delinquent solid waste and City administration fees as tax liens against the properties, staff will prepare a Direct Charge/Special Assessment packet and submit those charges to the Assessor for the upcoming 2023-24 tax roll year.

As part of this packet preparation, staff will confirm with MBGS whether any of the delinquent fees were paid in between the time the City was provided the final lien list from MBGS and this public hearing. Any property that has paid its delinquent fees during that time will be removed from the list of properties with delinquent charges in the Direct Charge/Special Assessment packet. The County Assessor will collect the assessed lien amounts added to the tax roll and remit them to the City after taxes are paid to the Assessor.

DISCUSSION
MBGS has taken the actions prescribed within the MBMC Section 8.16.385 to collect delinquent solid waste collection accounts and on May 6, 2024 submitted to the City a list of delinquent solid waste collection accounts that did not pay by the due date after being properly noticed so that City staff could report these delinquent fees to the City Council and request authorization of the San Luis Obispo County Assessor to assess such amounts due as tax liens against the properties.

The properties listed in the report submitted to the City were Assessor Parcel Numbers (APN):

3 Per the Government Code and Health and Safety Code, on May 30, 2024, staff sent letters by certified mail notifying the property owners for the APNs listed above of the City Council public hearing date, time, and location, to receive the report of delinquent solid waste fees as well as any objections or protests to said report. On June 5, City staff confirmed with MBGS that the delinquent fee owed for APN 006-201-027 had been paid and could be removed from the final lien list, and that all other properties on the final list submitted to the City remained unpaid.

The amounts reported to the City do not include the 2% administration fee assessed by the City for costs associated with the processing of the liens with the San Luis Obispo County Assessor. With the addition of the administration fee, the total fees staff recommends the City Council authorize the San Luis Obispo County Assessor to assess as tax liens against the properties below is as follows:

CONCLUSION
MBGS has gone through the process outlined in the MBMC and submitted the final list of property owners that failed to make the requested payment by the due date. In addition, City staff has gone through the process outlined in the Government Code by setting a hearing date to report to the City Council on delinquent solid waste fees, presenting to Council this report on delinquent fees, and notifying the affected property owners of the date, time, and location of the public hearing not less than 10 days prior to the hearing date.

Staff recommends the City Council conduct a public hearing to receive the report on delinquent solid waste collection fees, hear any objections or protests to the report, authorize the addition of the City’s 2% administration fee to the delinquent fees, and adopt Resolution No. 34-24 authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent solid waste collection accounts as tax liens against the properties.

ATTACHMENTS

1. Resolution No. 34-24

2. Lien List Report from MBGS

RESOLUTION NO. 34-24

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR

TO ASSESS AMOUNTS DUE ON DELINQUENT

SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS

TAX LIENS AGAINST THE PROPERTIES
PURSUANT TO GOVERNMENT CODE SECTIONS 38790.1 AND 25828

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Government Code section 38790.1 states “any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties;” and
WHEREAS, Government Code section 25831 states that at least once a year, a report shall be prepared of delinquent fees, and the City shall fix a time, date, and place for hearing the report and any objections or protests to the report; and WHEREAS, the City send by certified mail notice of the hearing to the landowners listed on the report not less than 10 days prior to the date of the hearing; and WHEREAS, at the hearing, the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees and may make revisions or corrections to the report as it deems just; and
WHEREAS, Sections 8.16.170 and 8.16.375 of the Morro Bay Municipal Code (MBMC) establish all places and premises in the City in or on which solid waste is created, accumulated or produced must use the solid waste collection and disposal service provided by the City's franchisee and the franchisee is responsible for collecting fees for the service; and WHEREAS, Subsections 8.16.170 C. and D. of the MBMC states, for the purposes of establishing responsibility for the payment of fees and charges, the customer, who has applied for water service within the City and the owner of the property, which is furnished solid waste service, if different from that customer, shall jointly be responsible for the payment of all rates, charges and fees including penalties and unpaid obligations shall run with the land and shall lead to delinquency for the property involved; and
WHEREAS, Section 8.16.385 of the MBMC further provides a method by which the franchisee may take actions to collect fees from the owners of properties involved in delinquent solid waste collection and disposal accounts which includes requesting the City to file a tax lien; and
WHEREAS, the franchisee, Morro Bay Garbage Service, has taken the actions required within the MBMC to collect fees from delinquent accounts as certified by franchisee and incorporated herein, and has provided the required list of debtors whose account is still delinquent; and
WHEREAS, City staff has taken actions required within the Government Code and Health and Safety Code sections 5470 et seq. to prepare a report on delinquent solid waste fees, set a hearing date for the City Council to hear the report and any objections or protests to said report,

and sent by certified mail notice of the hearing to the landowners listed on the report not less than 10 days prior to the date of the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, pursuant to Government Code Sections 38790.1 and 25831, Government Code Sections 5470 et seq., and MBMC Section 8.16.385:

1. After conducting the public hearing to hear the report of delinquent solid waste collection fees and any objections or protests of landowners liable on the report on delinquent solid waste fees, the delinquent fees as reported below are confirmed:

2. The San Luis Obispo County Assessor is hereby authorized to assess the amounts due on delinquent accounts, as established and certified by the franchisee Morro Bay Garbage Service as liens against the properties listed below with the additional 2% City administration fee added:

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11
th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
_________________________
CARLA WIXOM, Mayor
ATTEST:
___________________________
DANA SWANSON, City Clerk

1 Janeen Burlingame
From: Amber Castro <[email protected]>
Sent: Monday, May 6, 2024 11:50 AM
To: Janeen Burlingame
Subject: Final File for Tax Lien
Attachments: Morro Bay tax lien- 05-06-2024 FINAL.xls
CAUTION: This is an external email. Please take care when clicking links or opening attachments.

Janeen,
Attached is the final file for the tax lien customers.

Thank you,
Amber C.

Collections Administrator
San Luis Garbage
South County Sanitary
Mission Country Disposal
Morro Bay Garbage
Coastal Rolloff
4388 Old Santa Fe Rd
Office: 805-783-4495
Fax: 805-543-0620
Go mobile and never forget your collection day again! Download our mobile app for your Android device or iPhone.

Click the icon below:

Attachment 2

Cust No. Customer Name C_PHO Parcel No. Service Address Bill Name Bill Address Bill City 120 FC TOTAL 065-061-024 363.47 55.83 419.30
068-249-030 283.39 50.49 333.88
066-152-003 227.32 55.00 282.32
066-201-027 252.24 45.00 297.24
066-081-015 184.10 55.00 239.10
068-249-030 116.22 55.00 171.22
068-257-003 57.62 55.00 112.62
065-059-019 99.64 20.00 119.64
1,584.00 391.32 1,975.32

Prepared By: __RH/EC___ Dept Review: ______
City Manager Review: ________ City Attorney Review: ________ Staff Report
TO: Honorable Mayor and City Council DATE: June 3, 2024 FROM: Rachael Hendricks, Human Resources/Risk Manager
Emily Conrad, Finance Director
SUBJECT: Amendment No. 8 to Contract Services Agreement with Aleshire & Wynder, LLP for City Attorney Services

RECOMMENDED ACTION
Approve Amendment No. 8 to the contract services agreement with Aleshire & Wynder, LLP for city attorney services.

FISCAL IMPACT
The FY 2024-25 anticipated budget for legal services supports the proposed amendment.

BACKGROUND
Aleshire & Wynder, LLP (A&W) is a full-service public agency law firm with over sixty attorneys and offices spanning from the San Francisco Bay Area to San Diego. A&W provides a comprehensive array of legal services to the City, including but not limited to labor and employment, real property development, environmental law, public finance, torts, public safety, refuse and recycling, negotiations, real estate, land use and zoning, complex litigation, franchises, water law, constitutional law, appeals, and election law.

Over ten years ago, in March 2014 the City Council entered into a contract services agreement with the law firm of A&W to provide contract city attorney services. The contract services agreement was amended in December 2014 to remove the title of interim, was amended on June 9, 2015, to reduce evaluations to once annually, and was further amended effective January 1, 2019, to appoint A&W partner Chris F. Neumeyer as City Attorney. The contract does not automatically adjust rates based on the CPI or for a cost-of-living adjustment (COLA). Since retaining A&W in 2014, the Council has adjusted the A&W contract for rate increases only four times over the last ten years.

DISCUSSION
The benefits of the contract with Aleshire & Wynder, LLP lies in the ten years of experience the firm has worked with the City of Morro Bay and the range of legal services the firm offers. This model provides comprehensive legal support tailored to the City's diverse needs and is likely more costeffective than maintaining an in-house attorney. By outsourcing legal services, the City avoids the substantial overhead costs associated with employing full-time legal staff and can instead benefit AGENDA NO: 9.a
MEETING DATE: June 11, 2024

from competitive hourly rates, particularly as Aleshire & Wynder's rates are significantly below the market average in San Luis Obispo County. This approach enables the City to manage legal expenses efficiently while ensuring high-quality legal representation.

A&W currently offers services to Morro Bay at hourly rates significantly below market in San Luis Obispo County. Specifically, the rates for special legal services are 27% below market, and the rates for general legal services are 16% below market. These rates are the lowest among the six of the seven cities in the county with a contract city attorney.

Amendment No. 8 proposes to adjust the special legal services hourly rate to 16% below market and the general legal services rate to 5% below market through an 11% market adjustment for hourly legal rates. Additionally, the amendment provides a 4% COLA for the hourly rates, aligning with the COLAs for the City’s represented and unrepresented employees. The amended hourly rates effective July 1, 2024, will be:

First 50 hours of general services $219.00/hour
Hours over 50 for general services $242.00/hour
Special services $294.00/hour
Insurance defense $201.00/hour
Private party reimbursement $322.00/hour
Paralegals/Law Clerks $167.00/hour
Document Clerks $92.00/hour
For context, the average special services rate in the County for FY 2023-24 is $326/hour and with a 4% COLA is $339/hour. The average general services rate in the County for FY 2023-24 is $232/hour and with a 4% COLA is $241/hour.

CONCLUSION
Council is asked to approve Amendment No. 8 to the contract services agreement with Aleshire & Wynder, LLP for city attorney services.

ATTACHMENT

1. Amendment No. 8 to Contract Services Agreement with Aleshire & Wynder, LLP

CITY OF MORRO BAY
AMENDMENT NO. 8 TO CONTRACT SERVICES AGREEMENT

ALESHIRE & WYNDER, LLP
City Attorney Services
This Amendment No. 8 is made and entered into by and between the CITY OF MORRO BAY, a California municipal corporation, hereinafter referred to as “City,” and ALESHIRE & WYNDER, LLP, a California limited liability partnership, hereinafter referred to as “A&W.”
WHEREAS, on March 1, 2014, the parties entered into a contract services agreement (Agreement) for the interim provision of city attorney legal services, which was amended December 9, 2014 to delete the references to interim, amended June 9, 2015 to reduce evaluations to once annually, and further amended effective January 1, 2019 to appoint A&W partner Chris F. Neumeyer as City Attorney; and WHEREAS, the Agreement does not automatically adjust rates based on the CPI or for a cost of living adjustment, and since retaining A&W in 2014 the Council has amended the Agreement only four times over the last ten years to provide for a compensation increase; and
WHEREAS, hourly rates for which A&W services Morro Bay are the lowest in San Luis Obispo County for the six of the seven cities in the county who have a contract city attorney; and
WHEREAS, hourly rates for which A&W services Morro Bay are currently 27% below market for the special legal services hourly rate and 16% below market for the general legal services hourly rate; and
WHEREAS, City desires to provide an 11% market adjustment increase to hourly rates for legal services, bringing the special services rate to 16% below market and the general services rate to 5% below market; and
WHEREAS, consistent generally with cost of living adjustments (COLAs) that will be provided to City’s represented and unrepresented employees, City also desires to provide a cost of living adjustment to A&W through a 4% COLA to hourly rates; NOW THEREFORE, in consideration of the foregoing, City and A&W mutually agree as follows:

1. As of July 1, 2024, and thereafter, Section 5 of the Agreement is amended to modify hourly rates for legal services as follows:

First 50 hours of general services $219.00/hour

Hours over 50 for general services $242.00/hour
Special services $294.00/hour
Insurance defense $201.00/hour
Private party reimbursement $322.00/hour
Paralegals/Law Clerks $167.00/hour
Document Clerks $92.00/hour

2. Except as expressly set forth herein, all terms and conditions of the Agreement, as amended to date, shall remain in full force and effect.

3. This Amendment No. 8 to the Agreement shall be effective on June 30, 2024.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 8 to the Agreement as of the last date affixed below.

CITY OF MORRO BAY, a California municipal
corporation
Dated:_____________, 2024 By_______________________________ Carla Wixom,
Mayor
ATTEST:

By________________________________
Dana Swanson,
City Clerk
ALESHIRE & WYNDER, LLP, a California limited
liability partnership
Dated:____________, 2024 By_______________________________ Chris F. Neumeyer,
Partner