Mudcats fee covers only part of season lifeguard cost; council to revisit pool agreement

Tiffany presented the proposed 2026 facility-use agreement for the Mudcats swim team and told council the team’s current fee does not cover projected lifeguard and operational costs. "If we take the dates that they've given us in their agreement, the cost just for the lifeguards for this coming season would be about $4,737," Tiffany said. The council was told the team paid $2,500 last year and received a $500 refund at the last meeting; staff currently anticipates collecting $2,000 this year under the plan discussed.

City counsel (Carrie) said the prior contract language about which party pays lifeguards has been historically ambiguous and, in her view, past practice would make a court unlikely to enforce a position that placed the lifeguard cost solely on the Mudcats. "In my opinion ... if the contract were presented to a court, the court would say ... we're not going to enforce that contract in a way that would say that the Mudcats would be responsible for the lifeguard cost because it had never been interpreted that way," counsel said.

Councilors and staff discussed options including a phased fee increase (a multi-year step plan), requiring Mudcats to procure certified volunteer lifeguards with indemnification (after vetting insurance and training), sharing pool space or shifting practice times to allow more public swim, and clarifying the contract to specify responsibilities going forward. Staff noted Red Cross (or equivalent) lifeguard certification and insurance coverage would be needed if non-city personnel were to serve, and added that the city typically wants a staff presence for facility oversight.

Council did not adopt a new agreement at the workshop and directed staff to work with the Mudcats and legal counsel to bring a clarified, enforceable contract and options for phased fee adjustments back to the next workshop.