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CITY OF BULLHEAD CITY COMMUNICATION MEETING DATE: June 15,2021 SUBJECT: Agreement for Beach Safety Services - Colorado River Safety Program DEPT OF ORIGIN: Police DATE SUBMITTED: June 8, 2021 SUBMITTED BY: Robett Trebes, Chief of Police SUMMARY: The past several years has seen an increase in watercraft on the Colorado River within the jurisdiction of the City. A large portion of these watercraft are personal watercraft (PWC) rented from one of 12liveries registered to conduct business within the City. In 2016, 75% of all watercraft accidents in the City jurisdiction involved a rented watercraft. According to Arizona Game and Fish statistics, this portion of the Colorado River was ranked as one of the top three most dangerous waterways in Arizona in 2015 and 2016. In 2016 there were 51 watercraft accidents on this pmtion of the Colorado River with 21 involving injuries and 2 resulting in fatalities. Due to these facts, the Bullhead City Police Depa.ttment (BHCPD) entered a pilot river safety program in 2017 to engage in more prevention activities with a goal to reduce watercraft accidents. The original contract was entered with Contempora.ty Services Corporation (CSC). Program elements included two PWCs staffed with two lifeguards Friday through Sunday every weekend throughout the summer for eight hour shifts during peak hours. CSC personnel adjusted their schedules to provide additional coverage for long holiday weekends. These units worked with educating the public on safety concerns such as no-wake zones; dock avoidance and other related practical and regulatory safety issues; acting as a high visibility deterrent; being eyes and ears for BHCPD patrol boats; and ensuring that personal watercrafts with mechanical issues did not become safety hazards. CSC also provided two lifegua.t·ds to work on two BHCPD patrol boats to assist with patrol operations that did not require a certified officer. This allowed the Police Depa.ttment to save on ovettime expenses of placing a second cettified officer on each boat. The program operated vety well and all police staff and assisting professionals believe the program truly reduced risk in the problem areas on the river. During the 2018 boating season, BHCPD Officers petformed 191 waterways rescues/assists, made 5 Operating Under the Influence atTests, wrote 133 citations and responded to 50 accidents on the Colorado River. During this same period, CSC lifeguards made 2,826 public contacts, perfmmed 383 waterways assists and 313 waterways rescues and responded to 89 medical calls, tln·ee of which were categorized as major medical requiring a high level of care. The Colorado River continues to be busy and congested with City residents and visitors. The collaboration between the Police Department and contracted lifeguards has been very successful and has allowed the Police Department to increase its presence on the River, likely reducing the number of accidents and injuries while keeping ovettime costs down. In addition, the lifeguards have received advanced first aid training and have the ability to offer a higher level of innnediate medical ca.t·e if needed until paramedics can respond. CSC lifeguards have received awards from the Bullhead City Fire Depa.ttment and BHCPD for their lifesaving efforts involving a drowning victim and victim of a serious jet ski accident. The City was preparing for another summer season when it learned in the fall of2018 that CSC was invoking a voluntary tetmination of the contract and would not be offering these valuable services the following summer. As a result, police staff interviewed two potential providers and reconnnended that the City enter a simila.t· contractual arrangement with the new proposed provider, Water Rescue & Safety, LLC, in substantial conformance with the previous program malce-up and cost. The recommended provider was a key player in the provision of the services under the previous contract and had demonstrated the means, skill and experience to continue to provide quality services. BHC-16 (10/2001) Revised (06/13/06) j:\forms\council comm form.doc

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Page 1: CITY OF BULLHEAD CITY ~COUNCIL

=~ ~ CITY OF BULLHEAD CITY

~COUNCIL COMMUNICATION MEETING DATE: June 15,2021 ~

SUBJECT: Agreement for Beach Safety Services - Colorado River Safety Program

DEPT OF ORIGIN: Police DATE SUBMITTED: June 8, 2021

SUBMITTED BY: Robett Trebes, Chief of Police

SUMMARY: The past several years has seen an increase in watercraft on the Colorado River within the jurisdiction of the City. A large portion of these watercraft are personal watercraft (PWC) rented from one of 12liveries registered to conduct business within the City. In 2016, 75% of all watercraft accidents in the City jurisdiction involved a rented watercraft.

According to Arizona Game and Fish statistics, this portion of the Colorado River was ranked as one of the top three most dangerous waterways in Arizona in 2015 and 2016. In 2016 there were 51 watercraft accidents on this pmtion of the Colorado River with 21 involving injuries and 2 resulting in fatalities.

Due to these facts, the Bullhead City Police Depa.ttment (BHCPD) entered a pilot river safety program in 2017 to engage in more prevention activities with a goal to reduce watercraft accidents. The original contract was entered with Contempora.ty Services Corporation (CSC). Program elements included two PWCs staffed with two lifeguards Friday through Sunday every weekend throughout the summer for eight hour shifts during peak hours. CSC personnel adjusted their schedules to provide additional coverage for long holiday weekends. These units worked with educating the public on safety concerns such as no-wake zones; dock avoidance and other related practical and regulatory safety issues; acting as a high visibility deterrent; being eyes and ears for BHCPD patrol boats; and ensuring that personal watercrafts with mechanical issues did not become safety hazards. CSC also provided two lifegua.t·ds to work on two BHCPD patrol boats to assist with patrol operations that did not require a certified officer. This allowed the Police Depa.ttment to save on ovettime expenses of placing a second cettified officer on each boat. The program operated vety well and all police staff and assisting professionals believe the program truly reduced risk in the problem areas on the river.

During the 2018 boating season, BHCPD Officers petformed 191 waterways rescues/assists, made 5 Operating Under the Influence atTests, wrote 133 citations and responded to 50 accidents on the Colorado River. During this same period, CSC lifeguards made 2,826 public contacts, perfmmed 383 waterways assists and 313 waterways rescues and responded to 89 medical calls, tln·ee of which were categorized as major medical requiring a high level of care. The Colorado River continues to be busy and congested with City residents and visitors. The collaboration between the Police Department and contracted lifeguards has been very successful and has allowed the Police Department to increase its presence on the River, likely reducing the number of accidents and injuries while keeping ovettime costs down. In addition, the lifeguards have received advanced first aid training and have the ability to offer a higher level of innnediate medical ca.t·e if needed until paramedics can respond. CSC lifeguards have received awards from the Bullhead City Fire Depa.ttment and BHCPD for their lifesaving efforts involving a drowning victim and victim of a serious jet ski accident.

The City was preparing for another summer season when it learned in the fall of2018 that CSC was invoking a voluntary tetmination of the contract and would not be offering these valuable services the following summer. As a result, police staff interviewed two potential providers and reconnnended that the City enter a simila.t· contractual arrangement with the new proposed provider, Water Rescue & Safety, LLC, in substantial conformance with the previous program malce-up and cost. The recommended provider was a key player in the provision of the services under the previous contract and had demonstrated the means, skill and experience to continue to provide quality services.

BHC-16 (10/2001) Revised (06/13/06) j:\forms\council comm form.doc

Page 2: CITY OF BULLHEAD CITY ~COUNCIL

@) CITY OF BULLHEAD mv COUNCIL COMMUNICATION MEETING DATE: June 15, 2021

<

SUBJECT: Agreement for Beach Safety Services - Colorado River Safety Program DEPT OF ORIGIN: Police

DATE SUBMITTED: June 8, 2021 SUBMITTED BY: Robert Trebes, Chief of Police

A new contract was entered in March of20 19 and has proven vety successful. Due to the increase of recreational activity and which also resulted in a substantial elongation of the traditional summer season through the end of September, the City entered a temporary agreement for additional services, which it has now detetmined is advisable going for the current summer as well. The additional services consist of adding Mondays to the weekend service as well as extending the services through the last weekend of September.

Concurrent with those additional on-the-river services, the police department has identified the need to provide preventive and interactive services beachside to assist patrons that might be in any sort of physical need or distress beachside or in shallow waters. The limited resources of law enforcement of park rangers are not adequate to reasonably address these needs going forward. The same contractor providing the lifeguard services has stepped forward to provide a comprehensive set of services that, shmt of lifeguard qualifications, bridges the gap between the limited City resources available and actual needs on the beach. This is a pilot program schedule to not begin until the new fiscal year on July 1. The total cost of the program for this summer, beginning July 2, 2021 and continuing through September 6, 2021, is $35,840. If these services, do not meet City needs after end of season review, the agreement is scheduled to expire. If successful, the parties may amend the contract and continue the services for the entire summer of 2022.

FISCAL iMPACT: ~-$35,840 from currently authorized police budgets REVIEWED BY: Ar~ V,c,.,.._

Finance department

ATTACHMENTS: Agreement for Beach Safety Services Bullhead City Police Colorado River Safety Program

LEGAL REVIEW: APPROVED AS TO Fomt:;;}trAU£. -(" ) Lirynritt(/·1~

RECOMMENDATION: '-- / "'l Motion to approve the attached AGREEMENT FOR BEACH SAFETY SERVICES BULLHEAD CITY POLICE COLORADO RIVER SAFETY PROGRAM between the City and Water Rescue & Safety, LLC in an amount not to exceed $35,840; and that if deemed desirable, the contract may be extended for the entire summer of 2022 for like rates; and finally, the City Manager is authorized to execute the agreement, make resulting payments, and take all actions consistent with the implementation of the agreement.

APPROVED FOR SUBMITTAL BY: CITY CLERK'S USE ONLY

~ COUNCIL ACTION TAKEN

h'-r- Resolution No. Continued To:

/6L~:tor Ordinance No. Referred To:

Approved Denied

C/ City Manager Other FileNo.

BHC-16 (1012001) Revised (06/13106) j:\forms\council comm fonn.doc

Page 3: CITY OF BULLHEAD CITY ~COUNCIL

AGREEMENT FOR BEACH SAFETY SERVICES BULLHEAD CITY POLICE

COLORADO RIVER SAFETY PROGRAM

This Agreement for Beach Safety Services Bullhead City Police Colorado River Safety Program ("Agreement") is entered into and effective between the City of Bullhead City, an Arizona municipal cmporation ("City"), and Water Rescue & Safety, LLC, a California limited liability company ("Contractor"), effective July 2, 2021.

RECITALS

A. City has undertaken a project for the provision of lifeguard services on the Colorado River in connection with the City's jmisdiction on the Colorado River, and entered an agreement in 2019 with Contractor known as "Agreement for Lifeguard Services Bullhead City Police Colorado River Safety Program" New World Contract No. 2019-00000143, and incorporated by reference herein; and

B. In connection with on-the-river lifeguard services, City desires to retain tbe services of Contractor to separately assist in the safety of citizens utilizing the beaches adjacent to the Colorado River and now engage in a new scope of work for beach safety services in a pilot program beginning July 2, 2021 and continuing tln·ough the end of the Labor Day weekend 2021 (September 6, 2021) ("Services"); and

C. City and Contractor desire to memorialize their agreement with this document and produce the specific work as set forth in the attached Project (Exhibit AI hereto).

AGREEMENT

In consideration of the Recitals, which are confmned as true and conect and incorporated by this reference, the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and Contractor agree as follows:

1. Key Personnel; Sub-contractors.

1.1 Services. Contractor will provide all Services necessary to assme the Project, as outlined in Exhibit AI attached hereto, is completed timely and efficiently consistent within Project requirements, including, but not limited to, working in close interaction and interfacing with City and its designated employees, and working closely with others, including other consultants or contractors, retained by City.

1.2 Project Team.

(A) Project Manager. Contractor will designate an employee as Project Manager with sufficient training, Jcuowledge, aud experience to, in the City's opinion, complete the project and handle all aspects of the Project such that the work produced by Contractor is consistent with the applicable standards as detailed herein. The City must approve the designated Project Manager.

(B) Project Team. The Project Manager and all other employees assigned to the project by Contractor will comprise the "Project Team." The Project Manager will have responsibility for and will supervise all other employees assigned to the project by Contractor. Project Team members are subject to City approval.

(C) Discharge, Reassign, Replacement. Contractor will change any of the members of the Project Team at the City's request if an employee's perfonnance does not equal or exceed the level of competence that the City may reasonably expect of a person perfonning those duties or ifthe acts or omissions of that person are detrimental to the development of the Project.

(D) Sub-contractors.

(1) Contractor may engage specific contractors (each a "Sub-contractor") to furnish c01tain service functions.

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(2) Contractor will remain fully responsible for Sub-contractor's services.

(3) Sub-contractors must be approved by the City.

(4) Contractor shall certify by letter that contracts with Sub-contractors have been executed incorporating requn·ements and standards as set forth in this Agreement.

2. Schedule. The Project schedule will be in accordance with Exhibit A I attached hereto. Otherwise, key hours and specific locations of Services will be coordinated between Contactor and City to best facilitate the effective delivery of the Project.

3. Contractor's Work.

3.1 Standard. Contractor must perform Services in accordance with the standards of due diligence, care, and quality prevailing among contractors having substantial experience with the successful furnishing of Services for projects that are equivalent in size, scope, quality, and other criteria, including acting in accordance with the representations made under Contractor's proposal and as identified in this Agreement.

3.2 Licensing. Contractor warrants that:

(A) Contractor and Sub-contractors will hold all appropriate and required licenses, registrations and other approvals necessary for the lawful furnishing of Services ("Approvals"); and

(B) Neither Contractor nor any Sub-contractor has been debarred or otherwise legally excluded from contracting with any federal, state, or local governmental entity ("Debarment"). The City is under no obligation to ascertain or confirm the existence or issuance of any Approvals or Debarments or to examine Contractor's contracting ability. The Contractor must notify City innnediately of any Approvals or Debarment changes during the Agreement's duration and the failure of the Contractor to notify City as required will constitute a material default under this Agreement.

3.3 Compliance. Services will be furnished in compliance with applicable federal, state, county and local statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards and criteria designated by City.

3.4 Coordination; Interaction.

(A) lfthe City requires the coordination of various professional services, Contractor will work in close consultation with City to proactively interact with any other professionals retained by City on the Project ("Coordinating Project Professionals").

(B) Subject to any limitations expressly stated under Section 4, Compensation for the Project, Contractor will meet to review the Project and in-progress work with Coordinating Project Professionals and City as often and for durations as City reasonably considers necessary in order to ensure the timely work delivery and Project completion.

(C) For projects not involving Coordinating Project Professionals, Contractor will proactively interact with any other consultants or contractors when directed by City to obtain or disseminate timely information for the proper execution of the Project.

4. Compensation for the Project.

4.1 Compensation. Contractor's compensation for the Project, including those furnished by its Sub­contractors will not exceed $35,840, and detailed in Exhibit B ("Compensation").

4.2 Change in Scope of Project. The Compensation may be equitably adjusted if the originally contemplated scope of Services as outlined in the Project is significantly modified.

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(A) Adjustments to Compensation require a written amendment to this Agreement and may require City Council approval.

(B) Additional services which are outside the scope of the Project contained in this Agreement may not be perfonned by the Contractor without prior written authorization fi"om the City.

5. Billings and Payment.

5.1 Applications.

(A) Contractor will submit an invoice to the City's Finance Department and include a detailed description of services rendered. In addition, invoices must show that the services were performed in cormection with the Bulihead City River Safely Program and the City of Bullhead City Purchase Order Number. Invoices must be submitted at least 15 days prior to the expected pay date to: City of Bullhead City, Attention: Accormts Payable, P.O. Box 22350, Bullhead City, Arizona 86439 or [email protected].

(B) The period covered by the Payment Application may cover a period of 15 days for Services provided.

5.2 Payment. Payment may be subject to or conditioned upon City's receipt of completed work generated by Contractor and its Sub-contractors.

5.3 Review and Withholding. City Representative will timely review and certifY Payment Applications.

(A) If the Payment Application is rejected, the City Representative will issue a written listing of the items not approved for payment.

(B) City may withhold an amount sufficient to pay expenses that City reasonably expects to incur in conecting the deficiency or deficiencies rejected for payment.

(C) If payment is not made within 30 days of an accepted application City agrees to pay one and one-half percent (1 Y,%) interest per month on the balance until paid.

6. Termination. City may terminate this Agreement for cause if Contractor fails to cure any breach of this Agreement within seven days after receipt of written notice specifYing the breach, but within 24 hours after receipt of written notice.

6.1 Contractor will not be entitled to further payment until after City has determined its damages. If City's damages resulting from the breach, as determined by City, are less than the equitable amount due bnt not paid Contractor for Services fumished, City will pay the amount due to Contractor, less City's damages, in accordance witb the provision of Sections 5 and 6 herein.

6.2 If City's direct damages exceed amounts otlmwise due to Contractor, Contractor must pay the difference to City inunediately upon demand; however, Contractor will not be subject to consequential damages of more than $100,000 or the amount of this Agreement, whichever is greater.

7. Conflicts oflnterest. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for cancellation of this Agreement in the event any person who is significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or consultant of any other Party to this Agreement.

8. Insurance.

8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required Insurance"):

(A) Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or providing materials related to this Agreement must procure and maintain the insurance

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coverages described below (collectively referred to herein as the "Contractor's Policies"), until each Party's obligations under this Agreement are completed.

(B) General Liabilitv.

(1) Contractor must at all times relevant hereto cany a commercial general liability policy with a combined single limit of at least $1,000,000 per occunence and $2,000,000 annual aggregate.

(2) Sub-contractors must at all times relevant hereto catTy a general commercial liability policy with a combined single limit of at least $1,000,000 per occurrence.

(3) This commercial general liability insurance must include independent contt·actors' liability, contt·actualliability, broad fmm property coverage, and a separation of insurance provision.

(4) These limits may be met through a combination of primary and excess liability coverage.

(C) Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident for Contt·actor and $1,000,000 per accident for Sub-contt·actors and covering owned, non-owned and hired automobiles.

(D) Workers' Compensation and Employer's Liabilitv. A workers' compensation and employer's liability policy providing at least the minimum benefits required by Arizona law.

(E) Notice of Changes. Contt·actor's Policies must provide for not less than 30 days' advance written notice to City Representative of:

(1) Cancellation or termination of Contt·actor or Sub-contt·actor's Policies; and

(2) Reduction of the coverage limits of any of Contractor or and Sub-contractor's Policies; and

(3) Any other material modification ofContt·actor or Sub-contt·actor's Policies related to this Agreement.

(F) Certificates of Insurance.

(1) Concunent with the execution of the Agreement, Contt·actor must deliver to City Representative certificates of insurance for each of Contractor's Policies, which will con:fum the existence or issuance of Contractor Policies in accordance with the provisions of this section, and copies of the endorsements of Contractor Policies in accordance with the provisions of this section. Contractor is under obligation to obtain and keep record of the same for each Sub-contractor.

(2) City is and will be under no obligation either to ascertain or confnm the existence or issuance of Contractor and Sub-contTactor's Policies, or to examine Contractor and Sub-contractor's Policies, or to infonn Contractor or Sub-contractor in the event that any coverage does not comply with the requirements of this section.

(3) Contt·actor's failure to secure and maintain Contractor Policies and to assure Sub­contractor policies as required will constitute a material default under the Agreement.

(G) Policies. Except with respect to workers' compensation and employer's liability coverages, City must be named and properly endorsed as an additional insured on all liability policies required by this section.

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(I) The coverage extended to additional insureds must be primmy and must not contribute with any insurance or self-insurance policies or programs maintained by the additional insureds.

(2) All insurance policies obtained pursuant to this section must be with companies legally authorized to do business in the State of Arizona and reasonably acceptable to all Parties.

8.2 Sub-contractors.

(A) Contractor must also cause its Sub-contractors to obtain and maintain the Required Insurance.

(B) Upon request by Contractor, City may consider waiving these insurance requirements for a specific Sub-contractor if City is satisfied the amounts required are not commercially available to the Sub-contractor and the insurance the Sub-contractor does have is appropriate for the Sub­contTactor's wodc under this Agreement.

(C) Contractor and Sub-contractor must provide to the City proof of Sub-contractor's Required Insurance whenever requested.

8.3 Indemnification.

(A) To the fullest extent pennitted by law, Contractor must defend, indenmif)', and hold harmless City and its elected officials, officers, employees and agents (each, an "lndenmified Party," collectively, the 11lndemnified Parties 11

), for, from, and against any and all claims, demands, actions, damages, judgments, settlements, personal injury (including siclmess, disease, death, and bodily harm), property damage (including loss of use), infringement, govemmental action and all other losses and expenses, including reasonable attorneys1 fees and litigation expenses (each, a uDemand or Expense 11

; collectively, nnemands or Expenses 11) asserted by a third-party

(i.e. a person or entity other than City or Contractor) and that arises out of or results from the breach ofthis Agreement by the Contractor or the Contractor's negligent actions, errors or omissions (including any Sub-contractor or other person or fmn employed by Contractor), whether sustained before or after completion of the Project

(B) Contractor is not required to indemnifY any Indemnified Parties for, fi'om, or against any Demand or Expense resulting from the Indemnified Party's sole negligence or other fault solely attributable to the Indemnified Party.

9. Immigration Law Compliance. Contractor wanants, to the extent applicable under A.R.S. § 41-4401, that it has registered with and will continue to participate in theE-Verify program established by the United States Depmiment of Homeland Security and Social Secmity Administt·ation or any successor program; that it wanants compliance with all federal immigration laws and understands that any breach of this wananty subjects Contt·actor to penalties, including tmmination ofthis Agreement; and finally, understands that City has the right to inspect the papers of the Contractor or any of its employees participating in this Agreement to ensme compliance with this paragraph.

10. Notices.

10.1 A notice, request or other communication that is required or permitted under this Agreement (each a "Notice") will be effective only if the Notice is in writing, and delivered in person or by private express ovemight delivety service (delivery charges prepaid), cettified or registered mail (retmn receipt requested). The burden of proof of the place and time of delivery is upon the Party giving the Notice. Digitalized signatures and copies of signatures will have the same effect as original signattu·es. Notice will be deemed to have been delivered to the person to whom it is addressed as of the date of receipt, if:

(A) Received on a business day, or before 5:00p.m. Arizona time, at the address for Notices identified for the Party in this Agreement by U.S. Mail, hand delivety, or ovemight courier on or before 5:00 p.m. Arizona time; or

(B) As of the next business day after receipt, if received after 5:00p.m. Arizona time.

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10.2 Representatives.

(A) Contractor. Contractor's representative (the "Contractor's Representative") authorized to act on Contractor's behalf with respect to the Project, and his or her address for Notice delivery is:

Water Rescue & Safety, LLC Vice-President, Program Operations 11702 Wembley Road Los Alamitos, Califomia 90720

(B) Citv. City's representative ("City's Representative") authorized to act on City's behalf, and his or her address for Notice delivery is:

City of Bullhead City Robert Trebes, Chief of Police 1255 Marina Boulevard Bullhead City, Arizona 86442

With required copies to:

City Manager City of Bullhead City 23 55 Trane Road Bullhead City, Arizona 86442

(C) Concurrent Notices.

City Attomey City of Bullhead City 2355 Trane Road Bullhead City, Arizona 86442

(1) All notices to the City must also be given concunently to City Manager and City Attomey.

(2) A notice will not be deemed to have been received by City's Representative until the time that it has also been received by City Manager and City Attomey.

(D) Changes. Contractor or City may change its representative or infmmation on Notice, by giving Notice ofthe change in accordance with this section at least ten days prior to the change.

11. Entire Agreement; Survival; Miscellaneous.

11.1 Integration. This Agreement contains, except as stated below, the entire agreement between City and Contractor and supersedes all prior conversations and negotiations between the Pariies regarding the Project or this Agreement.

(A) Neither Pariy has made any representations, wananties or agreements as to any matters concerning the Agreement1s subject matter.

(B) Representations, statements, conditions, or warranties not contained in this Agreement will not be binding on the Pariies.

11.2 Interpretation.

(A) The Pariies fairly negotiated the Agreement's provisions to the extent they believed necessary and with the legal representation they deemed appropriate.

(B) The Pariies are of equal bargaining position and this Agreement must be construed equally between the Pariies without consideration of which ofthe Pariies may have drafted this Agreement.

(C) The Agreement will be interpreted in accordance with the laws of the State of Arizona.

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11.3 Survival. Except as specifically provided otherwise in this Agreement each waiTanty, representation, indemnification and hold harmless provision, insurance requirement, and every other right, remedy and responsibility of a Party, will survive completion of the Project, or the earlier teJmination ofthis Agreement.

11.4 Amendment. No amendment to this Agreement will be binding unless in writing and executed by the Par1ies. Electronic signature blocks do not constitute execution for pmposes of this Agreement. Any amendment may be subject to City Council approval.

11.5 Remedies. All rights and remedies provided in this Agreement are CU111ulative and the exercise of any one or more right or remedy will not affect any other rights or remedies under this Agreement or applicable law.

11.6 Severability. If any provision of this Agreement is voided or found unenforceable, that determination will not affect the validity of the other provisions, and the voided or unenforceable provision will be refmmed to conform to applicable law.

11.7 Counterparts. This Agreement may be executed in counterpm1s, and all counterparts will together comprise one instrument.

11.8 Employment Offerings. City understands the time and expense Contractor incurs to recruit and train employees and City, therefore, agrees not to solicit, offer to hire, or hire, Contractor's employees (defined as anyone employed by Contractor during this Agreement or within one (1) year prior to such solicitation, offering or hiring, whichever is longer) either during the term of this Agreement or for a period of one (1) year thereafter, without first obtaining the written consent of Contractor. The Par1ies agree that it would be difficult and impractical to calculate the damage sustained by Contractor and its operations as a result of violation of this section. Therefore, if the City violates this section, City agrees to pay Contractor five­thousand dollars ($5,000), and the reasonable costs and attmney's fees to collect those liquidated damages if suit is filed.

12. Term. The initial term of this Agreement commences upon July 2, 2021 and continues tin·ough September 6, 2021. This Agreement may be extended by mutual agreement of the pm1ies for the same type of services for the summer of2022 by written mnendment to this Agreement.

13. Exhibits. The following exhibits are incorporated by this reference.

Exhibit A and Al Exhibit B

Project Compensation

[signatures on following page]

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The Parties enter into this Agreement effective as of the date listed above.

City of Bullhead City

Toby Cotter City Manager

ATTEST:

Susan Stein, City Clerk

APPROVED AS TO FORM:

Garnet K. Emery, City Attomey

Date

(SEAL)

8

Water Rescue & Safety

Duran Reid Co-President

Trevor Taylor Co-President

Date

Date

Page 11: CITY OF BULLHEAD CITY ~COUNCIL

EXHIBIT A

Beach Safety Services Colorado River Safety Program

PROJECT

See attached Exhibit Al

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EXHIBIT A1

WRS Beach Safety: Scope Of Practice

The Beach Safety team is an integral part of the WRS team and Public Safety departments at large, and are designed to alleviate public safety and emergency resources in the cities' riverside beach and park areas. The Beach Safety team will be responsible for the general safety of beach & park goers' at the city's Community Park area. The team will patrol the beach, grass, and launch ramp areas by foot, being an extra set of eyes and identif'ying Hazards, Emergencies, Disputes, unsafe behavior, and will work in coordinating the appropriate Emergency Response teams. They will also be able to identif'y emergency situations in the near and offshore areas and coordinate the appropriate water response.

The Beach Safety team will Report to the Beach Operations Manager and may coordinate with the WRS team as well as other emergency and public safety teams. Beach Safety may provide Basic Medical Care until advanced medical care arrives, only within their certif'ying agencies' Scope of Practice. The team will work to manage their respective areas during hours of high volume. One Safety personnel will be assigned specifically to the launch ramp area during key hours. All safety personnel will be responsible for effectively communicating with the public helping provide them with a welcoming and safe experience.

Key Roles & Responsibilities

e Patrol the beach, park, and launch ramp areas by foot • Communicate effectively with the public and answer any questions they may have e Jdentif'y key Hazard areas and mitigate risk according to best practices • Quickly and effectively analyze emergency situations in the beach, park, and launch ramp areas and take

appropriate course of action • Effectively communicate directions and information via Radio Transmission • Facilitate a PD response when necessary • Activate an EMS Response when necessaty o Identify near-shore and offshore emergencies and activate an emergency water response • Provide emergency medical care within the scope of practice until higher level EMS provider anives at scene " Assist Emergency Responders to manage the scene dming an emergency situation • Manage the launch ramp areas during an emergency and ensure Responders have access " Manage the launch ramp area dming key launch times or whenever a high volume of boaters • Participate in training, classes and drills in emergency response and beach/park management

Beach Safety Qualifications & Skills

e Highschool Diploma or equivalent • Current driver's license e At least 17 years of age at time of start date e CPR & First Aid Certification I EMR BLS certification (desirable) e Generally in good physical condition and can stand and walk for long periods of time in extreme weather

conditions

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EXHIBIT Al -Continued

Beach Safety Services Colorado River Safety Program

Contractor's Beach Safety Team consists of five individuals possessing the preceding listed qualifications and skills with one team member providing overall management and operations response coordination.

Days of operations will be each Friday, Saturday and Sunday during the term of the Agreement.

Hours of beach safety operations will be mutually determined as operationally necessaty by City officials and Contractor.

Key hours of operations will be determined by designated City officials.

Besides the team member assigned to the launch ramp, other team members will provide continuous roving patrol of the entire beach front area fi·om the north to the south end of Community Park unless othmwise re-directed by the operations manager by direction of City officials.

Team members will not engage in any words or actions that implies law enforcement authority. Unlawful conduct or continued lack of cooperation of park patrons after reasonable requests of team members must be repmted to City officials.

Written activity reports will be provided of each days' activities and submitted as coordinated with City officials.

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EXHIBITB

Beach Safety Services Colorado River Safety Program

COMPENSATION AND SCHEDULE

METHOD OF COMPENSATION

Sections Five and Six of this Agreement control method of payment unless otherwise stated below.

NOT-TO-EXCEED AMOUNT

The total amount of compensation paid to Contractor for full completion of all Services required by the Project during the term of the Project must not exceed $35,840 for all Services whatsoever, including pre-services coordination, travel, lodging and food. Contractor is not guaranteed this amount but is contingent upon the positions and hours being worked and as may be amended by contingencies authorized throughout the Project.

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