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HomeMy WebLinkAbout8.2 - 1955 Review of Agreement with Cricket for Cubs Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 17, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Annual Review of the Agreement with Cricket for Cubs Prepared by: Lisa McPherson, Recreation Manager EXECUTIVE SUMMARY: The City Council will review the agreement with Cricket for Cubs regarding the group's usage and operation of the cricket batting cages at Emerald Glen Park since construction in March 2017. The City Council will also consider Staff's proposal for the City to assume operation and maintenance of the facility, as provided for in the agreement. STAFF RECOMMENDATION: Receive the report and approve Staff's proposal to take on operation and maintenance of the cricket batting cages beginning January 1, 2019, and authorize the City Manager to take any action necessary to carry out the intent of the proposal. FINANCIAL IMPACT: Undertaking operation and maintenance of the cricket batting cages will cost the City an estimated $3,700 per year. If the concept is approved, Staff will bring a budget adjustment to the City Council, along with a rental fee proposal and an amendment to the agreement with Cricket for Cubs, at a meeting during the first half of Fiscal Year 2018-19. DESCRIPTION: Background On December 15, 2015, the City Council authorized the City Manager to enter into an Agreement with Cricket for Cubs (CFC) regarding the construction and operation of a cricket batting cage facility at Emerald Glen Park. On September 13, 2016 the City and CFC finalized the agreement (Attachment 1) which allowed CFC to construct two batting cages (one facility) in an area adjacent to Field #1 (Attachment 2). The batting cage facility was completed in late March 2017, and includes: Page 2 of 3 Two nets/cages installed on a concrete pad that is 59 feet long by 28 feet wide surrounded by a chain link structure Artificial turf for the pitch in each of the cages on top of the concrete Safety screens to protect the pitchers Locked gates when not in use As provided for in Section 7C of the agreement (Ownership and Use of Improvements), CFC transferred ownership of the batting cages to the City upon completion. In exchange for constructing the facility, CFC has exclusive use of the facility for its membership for a period of 15 years at no charge. CFC is responsible for maintaining the facility during this period. Additionally, the agreement allows for an annual review of the facility operations after the first year of operation. During this time the City Co uncil can modify or terminate CFC’s exclusivity rights. After discussions with CFC, Staff is recommending that, as allowed under the agreement, the City undertake the operation and maintenance of the batting cages beginning January 2019. This amendment would remove CFC’s exclusivity, and the group would be issued a credit for the improvement costs. This recommendation is discussed further in the last section of this Staff Report. Overview of First Year Mr. Rameshu Immadi, CFC President, provided Staff with the following information regarding the CFC’s batting cage usage beginning during 2017 (April 1 through December 15).  Approximately 175 Dublin youth and 15 Non-Dublin youth utilized the batting cages during the 2017 season. For liability reasons, youth who participated had to become a member of CFC.  The scheduling for batting cage usage was based on Dublin Unified School District’s school neighborhoods (Fallon Middle School, Amador Elementary, John Green Elementary and Kolb Elementary) to assist parents with carpooling. The batting cages were utilized April through October seven days a week and on only Saturdays and Sundays from November through December. Weekday operations ran from 3:30 PM to sunset. Saturday and Sunday operations ran from 8:30 AM to sunset. Two cricket organizations (Dublin Cricket League and San Ramon Cricket Association) were offered access to the batting cages on weekdays from 5:00 to 7:00 PM and on weekends from 6:30 to 8:30 PM. The following are some team highlights from the CFC 2017 season: Fourteen teams in three different age groups participated in the first National Tournament held in the Tri-Valley with cities (Dublin, Pleasanton and San Ramon) providing one field each. The first all-girls team also participated in the National Tournament. During Thanksgiving, U15 National Championships were held at Emerald Glen Community Park on Fields 3 and 4 (cricket pitch). CFC players and parents/guardians volunteered during the Dublin Pride event. The U14 boys CFC team was invited to play a tournament in India and won five out of the eleven games. Page 3 of 3 Recommended Changes Staff met on several occasions with Mr. Immadi to review CFC’s usage of the cages over the first year of the Agreement and how CFC worked with other crick et groups, and to discuss any issues with CFC’s ongoing operation of the facility. Because of the rapid growth of the sport in the greater tri-valley area and the demand for the cages, it became challenging for CFC to schedule usage for other cricket groups while focusing on its own growing membership. Staff believes that it would be in the best interest of the both parties to transition the operation and maintenance of the facility to the City, which can handle usage requests the way it schedules other sports facilities. Because the scheduling of the remainder of 2018 is nearly complete, if the City Council approves this change, Staff would propose an effective date of January 2019. However, the City would likely open for reservations in the fall 2018, similar to the way it accepts advance requests for sports field usage. The following are the key components of the recommendation. 1. CFC would be granted a credit for improvements As stated in the agreement, CFC will be granted a credit equal to the responsible costs to the design and construction of the batting cages. This amount of the credit shall be reduced by 1/15 each year since the acceptance of the facility, and CFC can use the credit to qualify as rental payments for usage. Staff would work with CFC to determine whether one of the cages would be exclusively dedicated to CFC and the other available as a rental, or whether another scenario makes better sense. Staff would need to confirm with CFC the actual construction cost of the facility as a basis for the total credit earned (less the value of the first year of operations). 2. The City would operate and maintain the batting cages Annual maintenance of the cages is estimated at $3,700, made up of 20 hours of MCE time, netting and turf repairs, and grou nd maintenance outside the cages. Staff would develop a rental fee, based on fees at comparable facilities and expected usage, for City Council approval in summer 2018 and would begin accepting applications for the 2019 season in November. This fee would also serve as the basis for CFC’s drawdown of credit for the improvements. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report was provided to Cricket for Cubs. ATTACHMENTS: 1. Agreement with Cricket for Cubs 2. Cricket Cages Location AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS REGARDING CONSTRUCTION OF BATTING CAGES ON CITY PROPERTY This Agreement is entered into this _13th_ day of September, 2016 ( "the Effective Date ") between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY" and CRICKET FOR CUBS, a California public benefit corporation, hereinafter known as "CRICKET FOR CUBS ". RECITALS WHEREAS, CRICKET FOR CUBS has requested permission to construct two batting cages ('Improvements ") at Emerald Glen Community Park, a municipally -owned park; and WHEREAS, CRICKET FOR CUBS desires to transfer ownership of such Improvements to CITY and CITY desires to accept the Improvements upon their completion by CRICKET FOR CUBS; and WHEREAS, after transfer of ownership to the CITY, CRICKET FOR CUBS will operate the Improvements on an ongoing basis; and WHEREAS, CRICKET FOR CUBS shall be granted exclusive use of the batting cages in exchange for funding of the construction of the batting cages; and WHEREAS, it appears to be in the public interest to authorize the construction of such Improvements. NOW, THEREFORE, CRICKET FOR CUBS and CITY mutually agree as follows: AGREEMENT Section 1. Term. This Agreement shall terminate 15 years after the Effective Date of this Agreement. Section 2. CITY Rights and Responsibilities. A. CITY agrees and permits CRICKET FOR CUBS to construct two batting cages at Emerald Glen Park located in the City of Dublin at 4201 Central Parkway. The general location of the batting cages shall be in the areas shown on Exhibit A, attached hereto and incorporated herein. B. The plans, specifications, location and manner of work shall be subject to review and prior written approval by the City Engineer. The proposed design is shown on Exhibit B, attached hereto and incorporated herein. C. CITY agrees to oversee the project and be responsible for the following: AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 1 of 12 A. Coordination of permit plan review B. Coordination of layout of batting cages C. Modifications to the irrigation system to accommodate Improvements D. Removal of two trees E. Installation of landscape screening as needed. D. CITY will prepare an estimate of costs and provide such estimate to CRICKET FOR CUBS prior to commencement of construction. Combined cost to CITY for work identified under section "C" is estimated at less than $999. CITY shall maintain responsibility for costs up to $999. Costs in excess of $999 will be borne by CRICKET FOR CUBS. Section 3. CRICKET FOR CUBS Rights and Responsibilities. A. Prior to beginning work, CRICKET FOR CUBS shall submit to the City Engineer plans and specifications identifying the method, timing, and locations of the batting cages. The plans shall be in enough detail to assure that the project will be constructed in a sound manner. Actual construction shall be in accordance with plans approved by the City Engineer or his /her designee. B. CRICKET FOR CUBS shall notify the City Engineer to obtain approval for the dates of construction. C. CRICKET FOR CUBS shall be responsible for taking all safety precautions required by the City Engineer, including any measures necessary to protect adjacent Improvements during construction. D. CRICKET FOR CUBS will provide CITY with all the necessary information in writing to enable CITY to prepare the site for construction of the batting cages. E. CRICKET FOR CUBS shall be responsible for preparing plans and specifications for permit review by the Building Division and Public Works Department to ensure the cages meet all regulations and are designed to maximize the usable life and minimize future repair costs. F. CRICKET FOR CUBS will also be responsible for any permit costs or fees to be paid to any other agency associated with the Improvements. G. CRICKET FOR CUBS shall not provide transportation to users of the batting cages, unless it first has obtained and continuously maintains automobile liability insurance that is approved by CITY. Section 4. No Subleasing. CRICKET FOR CUBS shall not sublease or charge any other party for use of the Improvements during the term of this Agreement. Section 5. Insurance Requirements. Before beginning any work under this Agreement, CRICKET FOR CUBS, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CRICKET FOR CUBS and its agents, representatives, employees, and subcontractors, including both the construction of the Improvements and the ongoing operation of the AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 2 of 12 Improvements after transfer of ownership to the CITY. CRICKET FOR CUBS shall provide proof satisfactory to CITY of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the CITY. CRICKET FOR CUBS shall maintain the insurance policies required by this section throughout the term of this Agreement. CRICKET FOR CUBS shall not allow any subcontractor to commence work on any subcontract until CRICKET FOR CUBS has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to CITY. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the CRICKET FOR CUBS' policy shall be "primary and non - contributory" and will not seek contribution from CITY'S insurance or self- insurance. In the event CRICKET FOR CUBS fails to maintain coverage as required by this Agreement, CITY at its sole discretion may purchase the coverage required and the cost will be paid by CRICKET FOR CUBS. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to CITY of such cancellation, change, or lapse. 5.1 Workers' Compensation. CRICKET FOR CUBS shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by CRICKET FOR CUBS. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, CRICKET FOR CUBS may rely on a self - insurance program to meet those requirements, but only if the program of self - insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the CRICKET FOR CUBS, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. CRICKET FOR CUBS shall notify CITY within 14 days of notification from CRICKET FOR CUBS' insurer if such coverage is suspended, voided or reduced in coverage or in limits. 5.2 Commercial General Insurance. AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 3 of 12 5.2.1 General requirements. CRICKET FOR CUBS, at its own cost and expense, shall maintain commercial general insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement. 5.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 5.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. CITY and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of CRICKET FOR CUBS, including the insured's general supervision of CRICKET FOR CUBS; products and completed operations of CRICKET FOR CUBS; and premises owned, occupied, or used by CRICKET FOR CUBSCRICKET FOR CUBS. The coverage shall contain no special limitations on the scope of protection afforded to CITY or its officers, employees, agents, or volunteers. b. Coverage of all participants, prior to CRICKET FOR CUBS use of the Improvements. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the CITY and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the CITY shall be called upon to contribute to a loss under the coverage. d. Any failure of CRICKET FOR CUBS to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 4 of 12 e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. CRICKET FOR CUBS shall notify CITY within 5 days of notification from CRICKET FOR CUBS' insurer if such coverage is suspended, voided or reduced in coverage or in limits. 5.3 All Policies Requirements. 5.3.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 5.3.2 Verification of coverage. Prior to beginning any work under this Agreement, CRICKET FOR CUBS shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 5.3.3 Subcontractors. CRICKET FOR CUBS agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. In addition, CRICKET FOR CUBS' General Contractor for the Work and all of its subcontractors shall maintain automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Subcontractors hired by CRICKET FOR CUBS agree to be bound to CRICKET FOR CUBS and the CITY in the same manner and to the same extent as CRICKET FOR CUBS is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY. 5.3.4 Variation. The CITY may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the CITY's interests are otherwise fully protected. AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 5 of 12 5.3.5 Deductibles and Self- insured Retentions. All self- insured retentions (SIR) and /or deductibles must be disclosed to the CITY for approval and shall not reduce the limits of liability. Policies containing any self- insured retention provision and /or deductibles shall provide or be endorsed to provide that the SIR and /or deductibles may be satisfied by either the named insured or the CITY. 5.3.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY's own insurance or self- insurance shall be called upon to protect CITY as a named insured. 5.3.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, CRICKET FOR CUBS shall provide written notice to CITY at CRICKET FOR CUBS' earliest possible opportunity and in no case later than five days after CRICKET FOR CUBS is notified of the change in coverage. 5.4 Remedies. In addition to any other remedies CITY may have if CRICKET FOR CUBS fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option exercise any of the following remedies, which are alternatives to other remedies CITY may have and are not the exclusive remedy for CRICKET FOR CUBS' breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order CRICKET FOR CUBS to stop work under this Agreement or withhold any payment that becomes due to CRICKET FOR CUBS hereunder, or both stop work and withhold any payment, until CRICKET FOR CUBS demonstrates compliance with the requirements hereof; and /or Terminate this Agreement. Section 6. Indemnification. To the maximum extent allowed by law, CRICKET FOR CUBS shall indemnify, keep and save harmless the CITY, and CITY Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the CRICKET FOR CUBS or its employees, subcontractors or agents. CRICKET FOR CUBS further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the CITY or any of the other individuals enumerated above in any such action, CRICKET FOR CUBS shall, at its expense, satisfy and AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 6 of 12 discharge the same. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that CRICKET FOR CUBS or any employee, agent, or subcontractor of CRICKET FOR CUBS providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CRICKET FOR CUBS shall indemnify, defend, and hold harmless CITY for the payment of any employee and /or employer contributions for PERS benefits on behalf of CRICKET FOR CUBS or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. CRICKET FOR CUBS /Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. CRICKET FOR CUBS represents and warrants that the Improvements, as fabricated and installed, will be free from any defects in materials and workmanship, and that the Improvements are free and clear of any liens or encumbrances from any source and of any kind of nature whatsoever. Section 7. Ownership and Use of Improvements. A. Ownership of the Improvements and all risk of loss shall remain with CRICKET FOR CUBS until Improvements have been accepted in writing by CITY. If the Improvements are in substantial accordance with the plans and specifications and this Agreement, the City Engineer accept the Improvements and, upon such acceptance, shall notify CRICKET FOR CUBS of such acceptance. CITY shall only accept the Improvements at 100% completion. Upon acceptance by the CITY, the Improvements become a permanent CITY asset. B. Final inspection of the improvements by CITY shall take place within five (5) working days after written request by CRICKET FOR CUBS. C. Except as otherwise provided herein, CITY agrees to allow during the term of this Agreement CRICKET FOR CUBS the exclusive use for its membership of the batting cages at no charge in exchange for its construction of the Improvements. Notwithstanding the foregoing, CRICKET FOR CUBS shall take reasonable steps to make the Improvements available to other cricket groups during periods when it is not using the Improvements, with priority being given to Dublin residents. The CITY Council shall have the right to review, and modify, this subsection at the conclusion of the first year following CITY's acceptance of the Improvements, and each anniversary year thereafter throughout the term. During any such review, the CITY Council may elect to terminate CRICKET FOR CUBS' exclusivity right, in which case CRICKET FOR CUBS will be relieved of maintenance responsibility under section 7.G below and will provide CRICKET FOR CUBS a credit equal to the reasonable costs it actually incurred to design and construct the Improvements, which costs shall be documented and approved by CITY, in its sole discretion, in conjunction with its acceptance of the Improvements. The amount of the credit provided shall be reduced by 1/15 for every year since the acceptance of the Improvements. CRICKET FOR CUBS may use the credit to satisfy any payments that would otherwise be due to CITY for use of the Improvements under City regulations. AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 7 of 12 D. In order to ensure the availability of the Improvements to all Dublin youth, CRICKET FOR CUBS agrees to accept any interested Dublin youth as a member of CRICKET FOR CUBS on the same terms as other members and to only terminate such memberships for cause. E. Hours of operation of the facility will be no sooner than 8 am and no later than 30 minutes before sundown or 9 p.m., whichever is earlier. F. Signage shall be posted on the cages regarding the hours of operation, and signage related to the "Pausing for Pedestrians" walking in the area will also be posted and followed by players, coaches and others using the facility. G. Maintenance of the facilities located within the fenced perimeter will be solely the responsibility of CRICKET FOR CUBS. H. In the event that this Agreement is terminated in the event of breach or the property is disposed of by CITY, CRICKET FOR CUBS shall remove, at the CITY's discretion, the Improvements, or any portion thereof, and restore the property to at least as good a condition as existed prior to the installation of said Improvements, normal wear and tear excepted. Section B. Termination of Agreement or Exclusivity by City. In the event of default, the CITY may give 30 days' written notice to CRICKET FOR CUBS' of its intent to terminate this Agreement or to terminate CRICKET FOR CUBS' exclusive right to the Improvements. It will be considered a default if CRICKET FOR CUBS: a. Fails to satisfy any obligation under the terms of this Agreement, or b. Disregards or violate the laws or regulations of the City of Dublin, including but not limited to its failure to abide by Dublin Municipal Code section 5.100, pertaining to permitted uses in City public parks Should CRICKET FOR CUBS fail to cure any such default within the 30 day period, CITY may elect to terminate the Agreement. If termination occurs CRICKET FOR CUBS would maintain priority booking of the facility to a level comparable to the amortized cost of construction of the cages until such time as that amount has been expended as defined in Section 7 Item C of the agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the date first written. CRICKET FOR CUBS CITY OF DUBLIN i7 I " By By Rameshu Imm-WiRaresdent istopher L. Foss, City anager AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 8 of 12 Attest: By 4� 6 Caroline P. Soto, City Clerk Approved as to Form By 2 John akker, City Attorney 2596566.1 AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 9 of 12 EXHIBIT A - LOCATION The proposed location for the cages, in a turf area just to the north of Soccer Field #1, has no conflicts with underground utilities; however two trees need to be transplanted to another area. Additionally, there will need to be minor modifications made to the irrigation heads in that area of the turf. As proposed, the Improvements would include: • installation of a concrete pad that is 50 feet long by 28 -feet wide; • a chain link structure that is feet 50 feet long by 28 -feet wide by 12 -feet high; • two cages would be installed on the concrete pad; • artificial turf would be installed for the pitch in each of the cages, on top of the concrete; • safety screens would be installed in the cages to protect the pitcher; • the cages would have gates that could be locked when not in use; and • a shed located inside of one of the cages for equipment storage. AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 10 of 12 k C F� R�€ ^n� s�R ?�6 lJ F � AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 11 of 12 EXHIBIT B - DESIGN 2616934.1 2657288.2 AGREEMENT BETWEEN CITY OF DUBLIN AND CRICKET FOR CUBS September 2016 REGARDING CONSTRUCTION AND OPERATION OF BATTING CAGES ON CITY PROPERTY Page 12 of 12 m GG) D m m o� zm G) z 0 O� �m �m c m nz q c-) O z D O Z n 0 0 O c m �Dm7 Z Z 00 z n O n c7 0o m _ n z Oi G) ;U 0 C) A C G7 W m� U) O z 0 v O v m -0 'o w co CD LD � O N 6) r,ry „M�1 riy ti ndlln I�il;mlt 1:1.1 Iln h. ',,IM April 17, 2018 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the April 17, 2018, City Council meeting agenda packet. Item 8.2 From:Adhi Sivathanu To:Linda Smith Subject:Regarding Agenda Item 8.2 - 4/17 Date:Monday, April 16, 2018 8:18:30 PM Dear Assistant City Manager  Linda  Smith, My  name  is  Adhi  Sivathanu  and I am a  Dublin  resident living  at 7836, Kelly  Canyon  Pl, Dublin. I am writing  to you  regarding the  agenda  item  8.2 in  tomorrow’s  city  council meeting to review  the agreement  with  Cricket For Cubs for  the  batting cages at Emerald Glen.  My  son  is  a  7th  grader and has been playing this game  since he  was  a  5th  grader. While  we are very happy  that the  city  has a batting cage to practice at Emerald Glen but  it’s unfortunate that I have to become a  member  of  a particular club/s  managed  by  set  of  same  individuals – SRCA, Dublin  League all managed  by same  set of  people.  They  have a  monopoly in  having  exclusive  access to the  cage put in  a  public  park , This  I find  unreasonable.   My  son  is  a  member of  CFC (Cricket  For Cubs) and started  a  cricket  club  in  his middle  school.  However, he  does not have access to the  batting cages because he  is  not a  member of  SRCA  or Dublin  League cricket  clubs.  Joining these  clubs  are an expensive proposition. I don’t  see why the  city  would  choose  to grant exclusivity to one  organization  when  there are others willing  to offer  their services in  the  region. A monopoly has never  been  good  for any market. I read the  staff report  attached  to the  agenda  and I fail  to comprehend  how  175 Dublin  kids (and  only  15 non  Dublin  kids) have used the  cages. My  son, who  plays for his elementary/middle/high  school team, has not utilized the  nets even  for a  single day  in  the  last  year. I keep  hearing that the  school teams  will  have access to the  nets but the  kids  just end up  practicing  on the  school blacktop or the adjacent fields. The city  should  look  closely into this misrepresentation of  facts. As  you  review the  agreement  with  Cricket For Cubs, please consider revoking any exclusivity clause while  coming  up with a  plan to make the  nets available equitably  to all eligible groups. Also, as the popularity  of  the  sport  is  growing in  the  region the  city  needs  to urgently  consider  building  more such facilities  to cater to the  rising  demand. Sincerely, Adhi From:Venki Subramanian To:Chris Foss Cc:Lisa McPherson; Linda Smith Subject:Agenda item 8.2: Annual review of Cricket For Cubs agreement Date:Monday, April 16, 2018 10:23:42 PM Attachments:Agenda Item regarding Emerald Glen Nets.pdf Chris, I am writing to you as a Dublin resident living in the Silvera Ranch community and also as a Director representing East Bay Youth Cricket Association (EYCA). I read the staff report that will be presented tomorrow. Having been closely associated withcricket in Dublin as well as around the Bay Area, I wanted to highlight a few pointsthat I think are important. Please find attached a document that details these points. Please feel free to reach out to me for any clarifications. Thanks. VenkiDirector, East Bay Youth Cricket Association510-579-3054 This is regarding the review of the Agreement with Cricket For Cubs that is on the agenda for the meeting tomorrow, April 17. As you get ready to present your recommendation please ensure the following: - The Emerald Glen batting cages should be available to ALL Dublin residents regardless of their affiliation with Cricket For Cubs. - Rather than giving CFC exclusive access to one lane, allocate a certain block of scheduled hours for CFC with the remaining hours available to other Dublin residents/groups. The allocation of hours to CFC should be such that other groups have equitable access on weekdays and weekends. - Recognize that CFC/SRCA/DCL are the same organization and city staff treat them as such when determining equitable access to the batting cages. I would like to bring to your attention a few items from the staff report: - CFC claims that 175 Dublin and 15 Non-Dublin youth used the batting cages without providing specifics of the number of hours this was made available to them. This information is blatantly false. More non-Dublin residents (San Ramon and Pleasanton) used the nets. Also, off the 175 kids, many used the nets not more than 2 days in the last year. - The claim that scheduling was done based on DUSD school boundaries is also false. The “school” teams were given access for no more than 3-4 days in the entire year. - The majority of the usage was reserved for two cricket organizations – Dublin Cricket League and San Ramon Cricket Association. But CFC, SRCA and DCL are shadow organizations of each other. The board members of CFC are also in the management team of DCL and SRCA. See below: Cricket For Cubs BOD (https://www.cricketforcubs.org/board-of-directors) Below is the list of contacts provided by SRCA and DCL for a local youth cricket league: - CFC claims that it is making the nets available to local competitive teams but these teams are SRCA and DCL. No other academy/club/organization has access to the nets. Also the majority of the membership in SRCA/DCL are San Ramon residents. - SRCA and DCL are different names for the same organization. There is a single registration for both organization. o For DCL registration, go to https://www.dublincricketleague.com/ and click on register now o For SRCA registration, go to http://www.srcausa.com/enrollment.html and follow the link for new registrations Both the above links take you to the same registration page https://docs.google.com/forms/d/e/1FAIpQLSej8gXQDu8KeIx2mpPbWtiRMW2z1WeY2gl7yeztxeAmQGshlw /viewform - CFC claims that it will make nets available to Dublin school kids. A few things to note here: o These are a group of kids from the same school playing under the school banner. Regular kids playing competitive cricket but are not part of school clubs don’t get access to the nets (even if they register with CFC). o The “school” teams play recreational cricket with tennis balls. While this is great to promote the sport, a net facility is not required for recreational cricket, especially when it is a limited resource. o Dublin kids that play competitive cricket and are not members of SRCA/DCL will not get access to the nets for competitive practice. o CFC mentioned that nets will be available to the community from 3:00pm – 4:30 pm and after 7:15pm. However, even during the “community time”, the nets have to be shared with players from SRCA/DCL, effectively giving Dublin community players no more than 15 minutes of access. - If CFC is given exclusive access to one lane, the priority for the second lane should be given to Dublin residents/groups rather than CFC and its shadow organizations. - EYCA, a Dublin registered organization, has the same number of Dublin residents in its membership as SRCA/DCL. EYCA players are also registered members of CFC but have never been given access to the nets. Below is a timeline of requests from EYCA to CFC for access to the nets: o Mr. Ramesh Immadi reached out in March 2017 asking if we wanted to use the nets for our Dublin kids and we responded saying we wanted some time assigned to us o We didn’t hear back from Mr. Immadi until we reached out to him again on April 4, 2017 and he responded on April 6, 2017 saying “At this moment we are working on finalizing the membership documents and other details. Will reach out to you once we have these documents ready for distribution.” o After following up again, we got a response on April 18, 2017 that they were still working on the documents. During this time SRCA/DCL were using the nets without signing any membership agreement with CFC o Follow up again on May 1, 2017 and we got the following response – “Attorney who was working on the documents is out of country due to the family emergency and will keep you posted once we are ready to share the documents.” o Follow up again on May 11, 20017. Mr. Immadi responded as follows – “We will be busy with school tournament for next couple of weekends. Please expect the details in the first week of June.” o Finally met with CFC on June 2 during which time they put forth CFC put forth the following demands for EYCA to get access: 1. EYCA will need to sponsor one school at $5000/year for every 3 hour slot. EYCA will not be able to get any time slots on Saturday or Sunday. The only available slot given was Wednesday from 4:30-7:30. 2. EYCA will have to provide a roster of players that plan to use the Emerald Glen nets including their street address 3. All players using the Emerald Glen nets will need to sign a liability waiver 4. CFC will need be included as an additional insured on EYCA's policy 5. EYCA players will have to prioritize participating in the local Dublin league games organized by CFC over other games organized by EYCA 6. EYCA will have to prioritize participation in regional tournaments organized by CFC over other tournaments. 7. EYCA will participate in Dublin community events such as Splatter, Dublin Pride, etc. 8. EYCA will make our facilities in other cities available to CFC in accordance with our bylaws and as per our own terms and conditions. o EYCA was willing to accept most of these conditions and sent an email on August 31, 2017 requesting a follow up meeting to discuss items 1, 5 and 6. We were even willing to pay $5,000 (even though CFC’s agreement with the city prohibits them from subleasing the nets). CFC’s response – “We are heading to LA for the 3 game series there and followed up with the yearly fund raiser on 9/16. Appreciate if you can wait until then.” o Haven’t heard from Mr. Immadi or anyone from CFC since. I urge you to take the above factors into consideration as you review this agenda item tomorrow. The final decision should ensure that: - The Emerald Glen cages is available for ALL Dublin residents regardless of club affiliation. - There is equitable allocation of hours to all eligible groups on weekdays and weekends while recognizing shadow organizations that are trying to take unfair advantage of the rules. From: Cricket For Cubs Sent: Tuesday, April 17, 2018 4:06 PM To: David Haubert Cc: Shailesh Vyas ; Chris Foss ; Linda Smith Subject: Fwd: Fw: Fwd: Agenda item 8.2 in today's meeting Hi David, Thanks for forwarding the below note to me. FYI - I had a quick chat with the parent to understand few things including who told him that cages are dedicated to one club and below is the summary of the discussion. 1) Rahul Vyas who is the resident of San Ramon was told by non CFC related person saying it is only dedicated to one organization. 2) Rahul Vyas parent was not aware of the process and procedure to request the cages. 2) Parent did not had much time to talk as he is at work and he is supposed to call me back, I am going to get into details to see how we can help his son. Shailesh, Please call me @ 925 351 8365 and we will be more than happy to help your son. Thanks, Ramesh From:Shailesh Vyas To:Linda Smith Subject:Agenda item 8.2 in today"s City Council meeting Date:Tuesday, April 17, 2018 4:22:19 AM Respected Vice City Manager, My name is Shailesh Vyas and I am a Tri-Valley resident living at 1720 Blakesley Drive, San Ramon. This is regarding the agenda item 8.2 in tomorrow’s city council meeting to review the agreement with Cricket For Cubs for the batting cages at Emerald Glen. My son, Rahul Vyas is playing competitive cricket for EYCA Club. EYCA one of the pioneer to offer cricket in Bay Area. EYCA is a non-profit making club started offering cricket coaching in the Tri-valley back since 2011. EYCA kids were practicing on cricket grounds in San Ramon and Dublin area since 2011 to 2016. Last two years my wife and I have to take my son to Fremont or Milpitas for his practice sessions on weekdays and weekend. I came to know that there are cricket batting cages in Dublin. When I inquired about practicing there, I was told those cages are dedicated to only one cricket club. I want to know why the granted exclusivity rights to one organization. A monopoly has never been good for any market. My son, who also plays for his middle school team, has not utilized the nets even for a single time since they are built. I keep hearing that the school teams will have access to the nets but my son always end up practicing on school blacktop and baseball grounds which are not safe for game of cricket. I urge that the City should look closely into this matter. Every week, we have to drive our son for a cricket practice for 200 miles. Even on the weekdays, because practice can't be held locally; we have to commute for more than 3 hours for the practice of 2 hours. It takes 5 hours of time in weekday and it affects our son's homework and health. I fail to understand why my son’s club, which is a Dublin registered organization, can't even get a few hours of access every week. As you review the agreement with Cricket For Cubs, please consider revoking any exclusivity clause while coming up with a plan to make the nets available equally to all eligible groups. Also, as the popularity of the cricket is growing in the region the city should consider building more such facilities to cater to the rising demand. Regards, Shailesh Vyas From:Arya Venkatesh To:City Council Cc:Chris Foss; Linda Smith Subject:Agenda item 8.2 in today"s council meeting Date:Tuesday, April 17, 2018 7:42:01 AM Respected Mayor, Vice Mayor and Council Members, My name is Arya Venkatesh and I am student at Dublin High School. I am writing to you regarding agenda item 8.2 in today's city council meeting to review the agreement with Cricket For Cubs for the batting cages at Emerald Glen. I have been playing competitive cricket for the last 7 years and I am a team member of a national championship winning club. My next goal is to be selected for the USA under 19 team and I hope to eventually represent the US in the Cricket World Cup. To achieve that goal I realize that I have to practice 4-5 days a week and so I have been going to Fremont to the only practice facility that my club has access to. To keep up with my academic work and not let my grades slip, I have had to stay up past mid night on several days to complete my homework assignments. Even though the city owns a batting cage very close to my house, I have not been able to practice there, either as part of my high school team or my club. I have several friends who play for SRCA and they have been utilizing these cages for practice pretty much every day of the week for the last year. As a student who will be going to 10 th grade I am worried how I will be able to keep up with academic commitments while pursuing my dream of playing for the US Cricket team. One of my close friends who has been playing competitive cricket has already dropped out because he was wasting time on commuting and could not manage his academic workload. I don’t want this to happen to me since playing cricket is my passion and dream and I enjoy it very much. As you review the contract with Cricket For Cubs, I urge you to find a solution where I can get access to the batting cages a few days a week to practice with my club without having to spend hours sitting in Bay Area traffic. I could really use the time saved on commuting to catch up on my sleep or work on improving my grades. Thank you for your consideration. Sincerely, Arya Venkatesh From: Jegadheesa Murugesan Sent: Tuesday, April 17, 2018 11:07 AM To: City Council; Chris Foss; Linda Smith Subject: Agenda Item 8.2 - 4/17/2018 Dear City Council and Staff, This is in regards to the Agenda Item 8.2 today (4/17/2018). Cricket in the Bay Area has grown leaps and bounds and there are hunderds of kids playing cricket in the bay area and there are many clubs actively supporting and coaching the kids. I appreciate the support of the Council and Staff for supporting Cricket in adding a pitch and emerald glen and the batting cages. When the Batting cages agenda was brought to the council last year i spoke and mentioned a city facility should be available to its residents first and it has to be shared equally with all the clubs. Having Exclusivety in any form/shape will lead to monoply and misuse and that is exactly what happened over the past year. I am happy to see that City is taking over the facility scheduling and maintenance. But, i am concerned about the exclusive access again for one lane given to one club. Our city rental policies for other sports are fair and our parks rental policies are great. I sincerely hope the Council recommends the staff to make sure the residents are given priority and all the clubs are given equal and fair access. Thanks for your support on the beautiful sport. Regards Jega From: Hitendra Mishra Sent: Tuesday, April 17, 2018 2:21 PM To: Chris Foss; City Council Subject: Regarding agenda item 8.2(cricket) Respected Mayor Haubert, members of the city council and Mr. Foss, I write to you to bring attention to and commend the city staff for their excellent work on Agenda 8.2 to address the ongoing unfairness of allocation of cricket lanes at Emerald Glen. Cricket is a sport that is near and dear to the hearts of many South East Asian immigrants. We grew up playing it. You didn’t need anything more than a bat and ball to go out and have fun. It was joyful, wonderful, liberating and democratic. It’s always been a gentleman’s game and imbibed values in me that is still hold dear. I want every kid growing up here to get a chance to learn those values. What has happened over the last year with the CFC/SRCA/DCL(they’re the same organization for all practical purposes) hogging all the time in the batting cages is the complete antithesis of what cricket and fairness stands for. It’s time to address that fairly, squarely and with courage and conviction. While I thank CFC for building the cages and am completely supportive of he city giving them 1/15 credit towards their rental every year, they absolutely should not get exclusive access to one of the lanes. The city staff does a tremendous and fair job with regards to allocation of time across all other sports facilities. We have to let them do the same here without playing favorites. With the explosive growth of the community here, it is absolutely unfair that a tiny portion of the population gets exclusive access to 50% of the facility. I hope you do the right things and help all Dublin kids get the opportunity to experience the love and passion we feel for cricket without any biases. Thanks, Hitendra Mishra P.S.: I’m out of town unfortunately and will not be able to make the meeting today. Thanks for spending the time to take care of our city’s issues From: Clint Copeland Sent: Tuesday, April 17, 2018 2:42 PM To: David Haubert Cc: City Council ; Chris Foss ; Linda Smith Subject: Cricket For Cubs - Dublin Cricket Cages To Mayor David Haubert and City of Dublin Council Members, I am writing in response to the fabrication of lies (manipulation of facts) and rumors that are being disseminated within the cricket community in regards to access and usage of the cricket nets at Emerald Glen Park along with the school cricket programs. I am a former cricket coach of SRCA (San Ramon Cricket Association), CFC (Cricket For Cubs), EYCA (East Bay Youth Cricket Association), DCL (Dublin Cricket League and CCA (California Cricket Association). I have had the honor and privilege to work with kids from all organizations and I am APPALLED by the POLI-TRICKS being played by adults in all organizations. I have been made aware of the following comments to name a couple: 1: CFC does not have or conducts school programs. 2: Individuals from other clubs are not given access to the cricket cages. A brief history of the organization(s): EYCA was the initial organization that assisted kids in the San Ramon Area via programs at Windemere Ranch Middle school and I served as the coach, driving from San Jose, California, however EYCA never invested funds to develop and promote cricket locally but focused in the Fremont Area where they have their FULL access to their newly developed cricket nets. I have personally been asked for input in developing nets in Fremont, Hayward and Union City but NEVER San Ramon although approval was received to develop facilities in San Ramon...I have visited several facilities with EYCA's President (Gopaul Samant) and Vice-President (Venkatesh Subramanian) to determine feasibility but focus was never placed on the Tri-Valley communities although we had at least 20 kids participating in the EYCA program. Given the lack of support from EYCA. Tri-Valley parents who were driving to Fremont on weekends and some weekdays, invested in starting CFC and created opportunities for local kids in all tri-valley cities. I was asked for input from CFC for nets in Dublin and provided information as requested and as a result we have a facility for the kids in Dublin. Additionally, I have personally, based on funding by CFC, developed portable nets for use at Windemere Ranch Middle School while Dublin Cages were being evaluated. CFC started the school program within which EYCA's president (recently relocated to Dublin) kids also participates with the cricket program (John Greene Elementary). CFC partnered with the City of Dublin to develop the cricket nets and facility. 1: CFC does not have or conducts school programs: I have personally be involved in coaching kids from Harvest Park at school site, Hart Middle School at school site, John Greene at Tedfair Field Park, Amador Valley Community at Cages, Hidden Hills at School Site while my partner Coach Dashrath, has assisted at Kolb Community, Fallon Community, Dougherty community at cages along with parent volunteers at Windemere Ranch Middle School at school site , Iron Horse Middle School at school site. CFC has and continues to offer programs in Dublin, Pleasanton, San Ramon and surrounding areas. As a result of the success of these programs and the support from the city being received, EYCA is attempting to tarnish the credibility of CFC, SRCA and DCL. 2: Individuals from other clubs are not given access to the cricket cages. I have personally been at practices where kids from ALL organizations came to the nets to practice along with both Coach Dashrath and I providing some coaching support to the kids, irrespective to the organization in which they have membership. Both Coach Dashrath and I, have personally stayed after practices at Emerald Glen Park Cricket Cages to work with Arya Venkatesh (EYCA), Vishvesh Jagdeesh (EYCA) , Suson Rutra (CCA) , Harshdeep Singh (BACA), Pratham Kataria (BACA), Vansh Amara (CCA), Vatsul Waghela and Ishani Waghela to name a few because of our history coaching and or playing against these kids. I have also been there when Arya Venkatesh's dad, Venki practiced with him at the cages. On one occasion when Arya and his dad came to practice, John Greene Elementary school team was already practicing at the facility in preparation for the second annual school tournament and they resorted to practicing on the grass area. I am truly disappointed to not be able to attend the meeting in person to bear witness with my own eyes to adults fabricating lies and misrepresenting information to their kids in an attempt to promote their agenda. I am so disappointed because in the end, the kids are the ones who suffers. To that end, I am hoping that these (primarily two organizations) learn to get along and allow the status quo to exist in the two communities which will allow for the growth and development of cricket within the Bay Area. Additionally, if EYCA is focused on creating a footprint in the Tri-valley, can there be additional efforts conducted to create additional cricket nets for kids in the community and allow EYCA to co-fund with the City of Dublin. CFC also went as far as gaining permission to use baseball batting cages in Pleasanton and San Ramon to support the development of our youth in cricket. IMHO: East Bay Cricket Association needs to stop trying to expand it's base on the efforts or at the expense of the parents in the Tr-Valley area and continue their focus on the East Bay where they have focused their "EYCA" funding. The NEPOTISM, that exists within the cricket community needs to STOP and adults need to stop promoting their own personal agendas through their kids. It was perfect for the kids of Dublin and surrounding areas to travel to Fremont to practice without support or investment in the Tri-Valley area under Arya's dad leadership as Vice- President and President of EYCA, but now he wants exclusivity to the efforts and hard work of those same parents, with whom EYCA, did not support in the promotion and development of the cricket within the Tri-valley area. How ironic is this? I am available to discuss via phone with anyone and everyone if needed!!! With Cricket Best, Clint Copeland 408-802-7277