TRI VALLEY MASTERS - THE AQUATIC CENTRAL RENTAL AGREEMENT

4 activities. (Public Swimming Pools and Spas California Association of Environmental Health Administrators, Revised July 1, 2018). ii) Should Masters not be able to provide sufficient Masters lifeguard-certified staff for their practices or swim meets, Masters can request City to provide lifeguard services for an additional cost at the Staff Rate shown in Exhibit A. If Masters requests and the city provides lifeguard services for a Masters practice, section 7.b.iii through 7.b.v are not applicable as the City takes on these responsibilities. iii) When City lifeguards are not utilized, TVM must provide lifeguards with valid American Red Cross Lifeguard certifications. City’s Recreation Supervisor may reasonably request such certifications. iv) At least two (2) Masters lifeguard-certified staff shall be on the pool deck while TVMers are present. At no time shall any TVMers be in the pool or on the pool deck without at least two (2) Masters lifeguard-certified staff present. v) Each pool in use by Masters must have lifeguard certified staff who are dedicated to surveilling each pool and who can clearly see all areas of the pool in use. vi) Masters shall not hold practices for times Masters does not have sufficient lifeguard coverage in all areas of pools in use. 8) Masters Coaches. New Masters coaches must contact City’s Recreation Supervisor to set up a New Coach Orientation to be familiarized with the location of emergency rescue equipment and facility emergency response protocols at the DBAC. 9) Termination. This Agreement may be terminated as follows: (1) by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within seven (7) days of receipt of written notice of default; or (2) by the City at its discretion, provided the City delivers written notice. The City shall endeavor to provide written notice to the Masters ninety (90) days prior to termination. 10) Indemnification and Hold Harmless. Masters agrees to defend, indemnify, and hold harmless the City of Pleasanton, its officers, employees, agents, and volunteers from and against any and all claims, losses, liability, and damages, including injury or death, or from damage to property arising out of or in any way connected with use of the DBAC by the Masters and TVMers. a) City shall not be liable for any Masters debts, lost revenues, or lost profits in any way connected with the use of the DBAC by Masters, or City’s cancellation of Masters use of the DBAC as provided in Section 1.b), above. Docusign Envelope ID: 657CBD25-0BAD-46A3-BCBC-DBEC7767C063