HomeMy WebLinkAboutItem 8.1 - 2407 Annual Review of Agreement with Cricket for
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STAFF REPORT
CITY COUNCIL
DATE: March 5, 2019
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 receive an annual update on the City agreement with Cricket for
Cubs (CFC) regarding the group's usage and operation of the cricket batting cages at
Emerald Glen Park over the past year.
STAFF RECOMMENDATION:
Receive the report and provide direction, if needed.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
On September 13, 2016, the City and Cricket for Cubs (CFC) entered into an
agreement (Attachment 1) allowing CFC to construct two batting cages (one facility) in
an area adjacent to Field #1 (Attachment 2) at Emerald Glen Park. The batting cage
facility was completed in late March 2017, and includes:
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
At the April 17, 2018 City Council Meeting, Staff presented its first annual review of the
Agreement (Attachment 3). As part of that report, Staff proposed that City take over the
responsibility to operate and maintain the cricket batting cages on January 1, 2019 due
to concerns of access by other groups in using the facility. As part of t hat
recommendation, CFC would have been granted use credit for its improvements.
Page 2 of 3
Approximately 20 speakers addressed the City Council regarding the matter and at the
conclusion of the item, the City Council decided to continue with the exclusivity of use
with Cricket for Cubs and requested continued receipt of its annual review of the
Agreement.
Overview of Second Year of Agreement
Mr. Rameshu Immadi, CFC President, provided Staff with the following information
regarding the CFC’s batting cage usage during 2018.
Approximately 165 Dublin youth and 13 Non-Dublin youth utilized the batting
cages during the 2018 season. Youth who participated had to become a member
of CFC.
The batting cages were utilized March 2018 – December 2018, with anticipated
use year round in 2019 (Jan 2019-Dec 2019).
Cage usage was available to any CFC member player assisted with a
professional coach.
Dedicated cage usage was offered to Dublin youth based on the school they
attended (Amador Elementary, Cottonwood School, Dougherty Elementary,
Fallon Middle School, John Green Elementary, and Kolb Elementary).
• Weekday operations ran from 3:30 PM to sunset. Saturday and Sunday
operations ran from 8:30 AM to sunset.
Over the past year, Staff has received six complaints involving over 30 youth requesting
access to use the cages. Mr. Immadi is aware of all complaints and Staff was not made
aware if any complaints were resolved. The known unresolved complaints are 1) Mr.
Swaroop Antoo (15+ youth from Dublin) reported that his e-mails requesting usage went
unanswered by CFC; 2) Mr. Routra reported their request for fields space also went
unanswered and CFC refused to release p ractice time. The other complaints center
around minimal time allocated for community use and complaints that when the cages
are not in use by the CFC, they are locked preventing use from outside organizations
and residents.
The City Council, pursuant to the Agreement, does have the right to modify at each
anniversary year.
Section 7.C Ownership and Use of Improvements
“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 the term”
Should the City Council wish to modify the Agreement, Staff would need direction on
what modifications they would like to see. Staff would then work on addressing those
modifications as part of amendment to the existing Agreement. Possible modifications
to the agreement could include the following:
Page 3 of 3
• Provide the City a list and scheduled cage use of organizations outside of CFC
that were permitted to use cages, quarterly
• In an effort to allow outside organizations access to cages when they are not in
use by the CFC, install locking mechanisms with code/key access for outside
users scheduled in CFC downtime, or provide CFC staff/volunteer to supervise
cages
• Install City approved sign holder to post the cage schedule, including both
traditional CFC use and outside user group use, (weekly) for public view
• Post the cage schedule on the CFC website for public view
• Upon annual review of the agreement, provide percentage of CFC use versus
permitted outside organization/community use, along with proof of residency for
all permitted users
Alternatively, the City Council could consider Staff recommendations from last year
proposing that City take over the responsibility to operate and maintain the cricket
batting cages.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this report was provided to Cricket for Cubs.
ATTACHMENTS:
1. Agreement with Cricket For Cubs
2. Cricket Cage Location
3. April 17, 2018 City Council Staff Report
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
I "By By
Rameshu Imm-WiRaresdent rstopher 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�/
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
lJ
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
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Proposed Cricket Batting Cage Location at Emerald Glen Park
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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