City Council

MINUTES CITY OF HALF MOON BAY CITY COUNCIL TUESDAY, OCTOBER 5, 2021 VIRTUAL VIA ZOOM MEETING (COVID-19 PROTOCOLS) CONVENE REGULAR MEETING / ROLL CALL Mayor Brownstone called the meeting to order at 7:11 p.m. and led the pledge of allegiance. ROLL CALL PRESENT: Councilmembers Penrose, Rarback and Jimenez, Vice Mayor Ruddock, and Mayor Brownstone PUBLIC FORUM The following individuals addressed the Council: • Tim Pond • Shannon Murray • Ralph Litscher • Sarah Bueno • Lizzette Solis Councilmember Penrose requested the Council reconsider the vote on Measure D. PROCLAMATIONS AND PRESENTATIONS NATIONAL INDIGENOUS PEOPLES DAY PROCLAMATION Mayor Brownstone read the proclamation declaring October 11, 2021 as National Indigenous Peoples Day. LGBTQ HISTORY MONTH PROCLAMATION Mayor Brownstone read the proclamation declaring October as LGBTQ History Month. Jenny Walter thanked the Council and invited the community to the upcoming activities.

OCTOBER 5, 2021 City Council Minutes Page 2 of 4 PG&E WILDFIRE SAFETY UPDATE Emergency Services Analyst Stocker discussed the PG&E Wildfire Webinar regarding recent outages and efforts to stop catastrophic wildfires. Deputy City Manager Chidester provided an update on isolated outages. MAYOR’S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE None. REPORT OUT FROM RECENT CLOSED SESSION MEETINGS City Attorney Engberg reported that the Council met on September 30, 2021 and took no reportable action. CITY MANAGER UPDATES TO COUNCIL COASTSIDE RECOVERY City Manager Nisbet provided an update on the Coastside Recovery Initiative including the Recovery Task Force members and its work. 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B OCEAN VIEW PARK PLAYGROUND IMPROVEMENTS (CIP PROJECT 0609) 1.C ACCEPTANCE OF THE PREQUALIFIED LIST OF FIRMS FOR ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR VARIOUS CITY PROJECTS 1.D AMENDMENT OF CITYWIDE TRAFFIC REGULATIONS FOR EMERGENCY ACCESS AND SAFETY ON CHESTERFIELD AVENUE AND PABLO COURT/ARROYO LEON DRIVE 1.E APPROVE CITY’S RESPONSE TO THE JULY 27, 2021 GRAND JURY REPORT ENTITLED “BUILDING GREATER TRUST BETWEEN COMMUNITY & LAW ENFORCEMENT VIA THE RACIAL AND IDENTITY PROFILING ACT” 1.F MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL SKI PATROL FOR VOLUNTEER BIKE PATROL SERVICES 1.G RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB361) MOTION Mayor Brownstone moved and Councilmember Penrose seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously.

OCTOBER 5, 2021 City Council Minutes Page 3 of 4 2. ORDINANCES AND PUBLIC HEARINGS None. 3. RESOLUTION AND STAFF REPORTS 3.A AWARD OF PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE JOHN L. CARTER PARK RENOVATION PROJECT (CIP NO. 611) City Engineer Bozorginia presented the staff report. Jon Hughes expressed enthusiasm in being part of the project. MOTION Councilmember Penrose moved and Councilmember Ruddock seconded a motion to adopt a resolution authorizing the Administrative Services Director to amend the FY 2021-22 Capital Budget by adding $245,000 from the unallocated capital budget to CIP Project No. 611 and authorizing the City Manager to award and execute a professional services agreement with Griffin Structures, Inc., in an amount not to exceed $245,000, for project and construction management services for the John L. Carter Park project. The question was called and the motion carried unanimously. 3.B BUILDING ELECTRIFICATION ORDINANCE STUDY SESSION (CONTINUED) Public Works Director Doughty presented the staff report. The Council discussed the item and asked questions of staff. The following individuals addressed the Council: • Tom Kabat • Krystlyn Giedt • Karen Wang • Bruce Naegel • Adrienne Etherton The Council reviewed the Tables considered during the study session.

OCTOBER 5, 2021 City Council Minutes Page 4 of 4 COMMISSION / COMMITTEE UPDATES Deputy City Manager Chidester summarized the Joint Parks and Recreation Commission / Bike and Pedestrian Advisory Committee meeting and announced the Public Art Policy would be considered by the Commission on October 27, 2021. CITY COUNCIL REPORTS / ITEMS Mayor Brownstone discussed the recent meeting regarding College of San Mateo resources and access in the city. Vice Mayor Ruddock announced the One Shoreline Climate Resilience Forum on October 14, 2021. MOTION Councilmember Penrose moved and Vice Mayor Ruddock seconded a motion that the Council revisit the Measure D permits for Accessory Dwelling Units. The Council concurred to bring the matter back on October 2, 2021. ADJOURNMENT Mayor Brownstone adjourned the meeting at 9:37 p.m. Respectfully Submitted: Approved: Jessica Blair, City Clerk Robert Brownstone, Mayor

CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, OCTOBER 5, 2021 REMOTE PARTICIPATION (SEE NEXT PAGE) Robert Brownstone, Mayor Debbie Ruddock, Vice Mayor Joaquin Jimenez, Councilmember Deborah Penrose, Councilmember Harvey Rarback, Councilmember 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/

SPECIAL REMOTE PARTICIPATION PROTOCOLS This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669-900-9128, using Webinar ID 995-8894-7925. CALL TO ORDER / ROLL CALL PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS NATIONAL INDIGENOUS PEOPLES DAY PROCLAMATION LGBTQ HISTORY MONTH PROCLAMATION PG&E WILDFIRE SAFETY UDPATE MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL COASTSIDE RECOVERY INITIATIVE UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B OCEAN VIEW PARK PLAYGROUND IMPROVEMENTS (CIP PROJECT NO. 0609) Staff Recommendation: Adopt a resolution awarding a construction contract in the amount of $130,519.55 with Miracle Playsystems, Inc. for the purchase and installation of playground equipment and rubberized play surfaces at Ocean View Park and Oak Park. STAFF REPORT RESOLUTION ATTACHMENT 1

ATTACHMENT 2 1.C ACCEPTANCE OF THE PREQUALIFIED LIST OF FIRMS FOR ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR VARIOUS CITY PROJECTS Staff Recommendation: Adopt a resolution accepting Consolidated Engineering Laboratories, RES Engineers Inc., Apex Testing Laboratories Inc., Inspection Services, Inc., Twinning, and Bay Area Geotechnical Group (BAGG Engineers) as the prequalified firms to provide On-Call Material Testing and Special Inspection Services for various capital projects. STAFF REPORT RESOLUTION 1.D AMENDMENT OF CITYWIDE TRAFFIC REGULATIONS FOR EMERGENCY ACCESS AND SAFETY ON CHESTERFIELD AVENUE AND PABLO COURT/ARROYO LEON DRIVE Staff Recommendation: Adopt a resolution amending Resolution No. C-05-11 (Citywide Traffic Regulations) to incorporate a fire lane/turnaround on Chesterfield Avenue east of St. James Avenue and a red-curb at the intersection of Pablo Court and Arroyo Leon Drive. STAFF REPORT RESOLUTION ATTACHMENT 1 1.E APPROVE CITY'S RESPONSE TO THE JUL 27,2021 GRAND JURY REPORT ENTITLED "BUILDING GREATER TRUST BETWEEN COMMUNITY & LAW ENFORCEMENT VIA THE RACIAL AND IDENTITY PROFILING ACT" Staff Recommendation: By motion, authorize the Mayor to sign and submit a letter of response to the July 27, 2021 Grand Jury Report titled “Building Greater Trust between the Community & Law Enforcement via the Racial and Identity Profiling Act.” STAFF REPORT ATTACHMENT 1 ATTACHMENT 2

1.F MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL SKI PATROL FOR VOLUNTEER BIKE PATROL SERVICES Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with National Ski Patrol, Inc. for Volunteer Bike Patrol Services on the California Coastal Trail. STAFF REPORT RESOLUTION ATTACHMENT 1 1.G RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) Staff Recommendation: In accordance with Assembly Bill 361, adopt a resolution to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. STAFF REPORT RESOLUTION ATTACHMENT 2 2. ORDINANCES AND PUBLIC HEARINGS 3. RESOLUTIONS AND STAFF REPORTS 3.A AWARD OF PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE JOHN L. CARTER PARK RENOVATION PROJECT (CIP NO. 611) Staff Recommendation: Adopt a resolution authorizing the Administrative Services Director to amend the FY 2021-22 Capital Budget by adding $245,000 from the unallocated capital budget to CIP Project No. 611 and authorizing the City Manager to award and execute a professional services agreement with Griffin Structures, Inc., in an amount not to exceed $245,000, for project and construction management services for the John L. Carter Park Project. STAFF REPORT RESOLUTION

3.B BUILDING ELECTRIFICATION ORDINANCE STUDY SESSION (CONTINUED) Staff Recommendation: Conduct follow-up study session on the Draft Building Electrification Ordinance and provide policy direction to staff regarding potential revisions to the April Draft Building Electrification Ordinance. STAFF REPORT COMMISSION / COMMITTEE UPDATES CITY COUNCIL REPORTS / ITEMS ADJOURNMENT

CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, OCTOBER 5, 2021 REMOTE PARTICIPATION (SEE NEXT PAGE) Robert Brownstone, Mayor Debbie Ruddock, Vice Mayor Joaquin Jimenez, Councilmember Deborah Penrose, Councilmember Harvey Rarback, Councilmember 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/ 1

SPECIAL REMOTE PARTICIPATION PROTOCOLS This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669-900-9128, using Webinar ID 995-8894-7925. CALL TO ORDER / ROLL CALL PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS NATIONAL INDIGENOUS PEOPLES DAY PROCLAMATION LGBTQ HISTORY MONTH PROCLAMATION PG&E WILDFIRE SAFETY UDPATE MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL COASTSIDE RECOVERY INITIATIVE UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B OCEAN VIEW PARK PLAYGROUND IMPROVEMENTS (CIP PROJECT NO. 0609) Staff Recommendation: Adopt a resolution awarding a construction contract in the amount of $130,519.55 with Miracle Playsystems, Inc. for the purchase and installation of playground equipment and rubberized play surfaces at Ocean View Park and Oak Park. STAFF REPORT RESOLUTION ATTACHMENT 1 2

ATTACHMENT 2 1.C ACCEPTANCE OF THE PREQUALIFIED LIST OF FIRMS FOR ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR VARIOUS CITY PROJECTS Staff Recommendation: Adopt a resolution accepting Consolidated Engineering Laboratories, RES Engineers Inc., Apex Testing Laboratories Inc., Inspection Services, Inc., Twinning, and Bay Area Geotechnical Group (BAGG Engineers) as the prequalified firms to provide On-Call Material Testing and Special Inspection Services for various capital projects. STAFF REPORT RESOLUTION 1.D AMENDMENT OF CITYWIDE TRAFFIC REGULATIONS FOR EMERGENCY ACCESS AND SAFETY ON CHESTERFIELD AVENUE AND PABLO COURT/ARROYO LEON DRIVE Staff Recommendation: Adopt a resolution amending Resolution No. C-05-11 (Citywide Traffic Regulations) to incorporate a fire lane/turnaround on Chesterfield Avenue east of St. James Avenue and a red-curb at the intersection of Pablo Court and Arroyo Leon Drive. STAFF REPORT RESOLUTION ATTACHMENT 1 1.E APPROVE CITY'S RESPONSE TO THE JUL 27,2021 GRAND JURY REPORT ENTITLED "BUILDING GREATER TRUST BETWEEN COMMUNITY & LAW ENFORCEMENT VIA THE RACIAL AND IDENTITY PROFILING ACT" Staff Recommendation: By motion, authorize the Mayor to sign and submit a letter of response to the July 27, 2021 Grand Jury Report titled “Building Greater Trust between the Community & Law Enforcement via the Racial and Identity Profiling Act.” STAFF REPORT ATTACHMENT 1 ATTACHMENT 2 3

1.F MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL SKI PATROL FOR VOLUNTEER BIKE PATROL SERVICES Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with National Ski Patrol, Inc. for Volunteer Bike Patrol Services on the California Coastal Trail. STAFF REPORT RESOLUTION ATTACHMENT 1 1.G RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) Staff Recommendation: In accordance with Assembly Bill 361, adopt a resolution to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. STAFF REPORT RESOLUTION ATTACHMENT 2 2. ORDINANCES AND PUBLIC HEARINGS 3. RESOLUTIONS AND STAFF REPORTS 3.A AWARD OF PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION MANAGEMENT OF THE JOHN L. CARTER PARK RENOVATION PROJECT (CIP NO. 611) Staff Recommendation: Adopt a resolution authorizing the Administrative Services Director to amend the FY 2021-22 Capital Budget by adding $245,000 from the unallocated capital budget to CIP Project No. 611 and authorizing the City Manager to award and execute a professional services agreement with Griffin Structures, Inc., in an amount not to exceed $245,000, for project and construction management services for the John L. Carter Park Project. STAFF REPORT RESOLUTION 4

3.B BUILDING ELECTRIFICATION ORDINANCE STUDY SESSION (CONTINUED) Staff Recommendation: Conduct follow-up study session on the Draft Building Electrification Ordinance and provide policy direction to staff regarding potential revisions to the April Draft Building Electrification Ordinance. STAFF REPORT COMMISSION / COMMITTEE UPDATES CITY COUNCIL REPORTS / ITEMS ADJOURNMENT 5

Page 1 of 2 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: October 5, 2021 TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: John Doughty, Public Works Director Todd Seeley, Public Works Superintendent TITLE: OCEAN VIEW PARK PLAYGROUND IMPROVEMENTS (CIP PROJECT NO. 0609) ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution awarding a construction contract in the amount of $130,519.55 with Miracle Playsystems, Inc. for the purchase and installation of playground equipment and rubberized play surfaces at Ocean View Park and Oak Park. FISCAL IMPACT: The Fiscal Year 2021-22 Capital Budget includes $310,000 toward construction of parks and playground improvements. The proposed improvements were included in the list of Program related improvements and there are sufficient funds available. STRATEGIC ELEMENT: This recommendation supports the Infrastructure and Environment, Healthy Communities and Public Safety Elements of the Strategic Plan. BACKGROUND: Ocean View Park is one of the most utilized public parks in Half Moon Bay. For many years, the community has indicated a desire to see the restroom facilities improved. As part of the 2018- 19 Capital Budget, the City Council prioritized design and anticipated construction of new restrooms for the park. This project was completed in 2020. As part of this project, several sets of swings had to be removed to facilitate the large construction equipment necessary to construct the new restroom facilities. The play equipment was scheduled to be replaced as part of the FY 2019-20 CIP in the late spring but was put on hold when the COVID-19 Pandemic significantly impacted City revenues resulting in extensive budget cuts, including cancellation of most non-essential programs and projects. For the FY 2020-21 budget, staffing, program, and project expenditures were kept at reduced levels, and funding for parks projects remained on-hold. 6

Page 2 of 2 Because of the heavy usage at Ocean View Park, staff felt it was necessary to address the lack of equipment at this park since Council approved funding for parks improvements and upgrades as part of the FY2021-22 CIP. Community feedback along with discussions with licensed playground safety inspectors was incorporated into a revised plan that included replacing the removed playground equipment with newer equipment that better fit the character and needs of the neighborhood, along with adding accessible swings that can be accessed and used by all. DISCUSSION: The proposed project has many unique features which will be beneficial to the community and the users of Ocean View and Oak Parks. In addition to replacing the swings at Ocean View Park that were removed as part of the restroom construction, a Lillie Swing will be added along with an Inclusive Whirl and two therapeutic swings. The Inclusive Whirl is designed for children in wheelchairs to be able to enjoy the park in a way not previously available to them as a wheelchair can be rolled directly onto the feature. This feature can also be used by other children and will be the first inclusive playground feature in Half Moon Bay. The proposed work also allows staff to address various other pieces of small equipment. Some of the smaller pieces of play equipment at Ocean View have outlived their useful life and need to be replaced. This project will address those pieces of equipment. As part of this project, Miracle Playsystems will also be resurfacing the rubberized playground surface at Oak Park. The play structure at Oak Park is still in relatively good shape, and no safety issues have been identified over numerous site visits. However, the rubber surface under the play structure at that park has deteriorated and needs replacement. Since rubberized surfaces will also be installed at Ocean View Park, the same crew from Miracle Playsystems will be able to do the work without incurring any additional mobilization costs. This project was bid through Sourcewell, a government agency and service cooperative based in Minnesota. Through this cooperative, this City was able to secure the best pricing possible for the proposed equipment without the need to solicit for formal bids. This was done in accordance with the City’s purchasing policy. While this Capital Project amount falls within the City Manager signing authority, it was determined that bringing the item forward to the City Council agenda would provide the community and Council information on a critical element of Parks Master Plan implementation. ATTACHMENTS: 1. Resolution 2. Project Bid from Miracle Playsytems 3. Sourcewell Cooperative Contract 7

Resolution No. C-2021-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT TO MIRACLE PLAYSYSTEMS OF ALAMO, CALIFORNIA FOR OCEAN VIEW PARK PLAYGROUND IMPROVEMENTS IN THE AMOUNT OF $130,519.55 WHEREAS, the City of Half Moon Bay owns and maintains Ocean View Park; and WHEREAS, the swing sets were removed from the park in 2019 to facilitate construction of a new restroom facility; and WHEREAS, the swings were not replaced due to financial constraints the City faced as a result of Covid-19; and WHEREAS, staff has evaluated new play equipment and received funding for this project through the FY2021-22 Capital Improvement Budget WHEREAS, the department has solicited a bid through the Sourcewell government cooperative program which provides the lowest possible pricing to qualified governmental agencies. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby awards a construction contract to MIRACLE PLAYSTSTEMS for Ocean View Park Playground Improvements and Oak Park rubberized surface replacement and authorizes the City Manager to execute the contract. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 5th day of October 2021 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Robert Brownstone, Mayor 8

010521-LTS Rev. 10/2020 1 Solicitation Number: RFP #010521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 9

010521-LTS Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonableDocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 10

010521-LTS Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricingDocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 11

010521-LTS Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 12

010521-LTS Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Partic