2014-0882014-88
Resolution Authorizing The Execution of the Agreement Between The Town of Wappinger
and the Town of Wappinger Little League Association, Inc.
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 10,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina(Arrived at 7:40PM)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Bettina.
WHEREAS, the Town Board finds that it is in the best interests of the Town to have the
Town of Wappinger Little League Association, Inc. provide a program of softball and baseball
activities for the boys and girls of the community; and
WHEREAS, the Town Supervisor, in consultation with the Chairman of the Recreation
Committee, has negotiated the terms of a proposed Service Agreement with the Town of
Wappinger Little League Association, Inc., a copy of which is attached hereto, made a part
hereof, marked and designated as Exhibit "1"; and
WHEREAS, the Town Board, in accordance with the Town's Procurement Policy, has
determined that the nature of services to be provided by the Town of Wappinger Little League
Association, Inc. are classified as a "sole source"; and
WHEREAS, the Town Board acknowledges the very successful program the Town of
Wappinger Little League Association, Inc. has administered for the last 40 years or so and
wishes to continue having the Town of Wappinger Little League Association, Inc. provide
softball and baseball activities for the boys and girls of the Town of Wappinger.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board Members acknowledge they have reviewed the terms and
conditions of the proposed "Service Agreement" attached as Exhibit "1 ", and they
find the terms contained therein reasonable and consistent with the relationship
the Town has had with the Town of Wappinger Little League Association, Inc.
over the last 40 years or so.
3. The Town Board hereby authorizes the Town Supervisor to execute said Service
Agreement with the Town of Wappinger Little League Association, Inc. in
accordance with the terms and conditions contained therein, which Agreement,
among other provisions, authorizes the Town to pay the sum of Five Thousand
Dollars ($5,000.00) to the Town of Wappinger Little League Association, Inc. to
provide softball and baseball activities for the boys and girls of the community for
the 2014 baseball/softball season.
4. Supervisor Barbara A. Gutzler is hereby authorized and directed to execute the
Service Agreement between the Town of Wappinger and Town of Wappinger
Little League Association, Inc. in substantially the same form as attached hereto,
a copy of which is affixed hereto.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
3/10/2014
The Resolution is hereby duly declared adopted.
P. PAOLONI, TOWN CLERK
SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
THIS AGREEMENT made the _ day of March, ? 014, by and between
TOWN OF WAPPINGER
A Municipal Subdivision,
having its offices at Town Hall,
20 Middlebush Road, Wappingers Falls, New York 12590,
hereinafter referred to as the "TOWN"
and
THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
ANot-For-Profit Corporation,
with its principal offices at
15 Middlebush Road, Wappingers Falls, New York 12590,
hereinafter referred to as the "WAPPINGER LITTLE LEAGUE".
WITNESSETH:
WHEREAS, all of the sports fields owned and maintained by the TOWN are located
within public recreation lands, and, except as authorized by this Agreement, WAPPINGER
LITTLE LEAGUE acknowledges that the ball fields are open to the public for general use
subject to approval by the Town Board; and
WHEREAS, the TOWN wishes to contract with the WAPPINGER LITTLE LEAGUE
to provide a baseball program and baseball instruction for the youth of the Town of Wappinger
as hereinafter specified; and
WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services
upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, and other good and valuable consideration, the TOWN and the
WAPPINGER LITTLE LEAGUE hereby agree as follows:
-1-
1. Recitations. The recitations above set forth are hereby incorporated into this
Agreement as if fully set forth herein.
2. Term. The term of this Agreement shall be from the date of execution hereof
through December 31, 2014.
3. Services Provided.
3.1. The WAPPINGER LITTLE LEAGUE shall provide, management and
supervision of a softball and baseball program for all youth residing within the Town of
Wappinger and the Village of Wappingers Falls between the ages of =1 and 20.
3.2. The baseball program shall include softball or baseball activities in one of
the following Leagues:
Challenger Minor League Baseball
T-Ball Little League Baseball & Softball
Instructional Baseball & Softball Junior/Senior League Baseball & Softball
Big League Baseball
3.3. Assignment of participating youths shall be made by the WAPPINGER
LITTLE LEAGUE which shall make such assignment by taking into consideration the age of the
youth and the youth's individual skill level as determined by the WAPPINGER LITTLE
LEAGUE.
3.4. The WAPPINGER LITTLE LEAGUE shall provide all supervision,
coaches, instructors, and umpiring personnel necessary to provide management, supervision and
instruction in both baseball and softball, as well as expose the youth to a team experience in a
formal organized baseball program. The WAPPINGER LITTLE LEAGUE shall provide such
administrative personnel as necessary to provide for the smooth and efficient operation of the
above mentioned Leagues, together with necessary coordination of such programs with the Town
Board and the Town of Wappinger Recreation Committee.
-2-
4. License to Use Town Sports Field Facilities.
4.1. The TOWN shall provide adequate sports field facilities for the
baseball/softball sports program herein set forth; specifically, the TOWN hereby grants a license
to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, the Martz
Recreation Field and such other fields as authorized by the Town of Wappinger Recreation
Committee (hereafter "Recreation Committee") upon consultation with the Town Board. The
WAPPINGER LITTLE LEAGUE shall provide a schedule of its intended use of the
aforementioned Recreation Fields which must be reviewed and approved by the Chairman of the
Recreation Committee (at present Ralph Holt) and Director of Recreation (at present position is
vacant; appointment pending). To the extent practicable, the TOWN shall give WAPPINGER
LITTLE LEAGUE priority in scheduling fields. Scheduling the use of fields shall be coordinated
with the Chairman of the Recreation Committee, Wappinger Recreation Director, President of
WAPPINGER LITTLE LEAGUE (at present Christopher Schoen), Safety Director of
WAPPINGER LITTLE LEAGUE (at present Peter Sassano); and WAPPINGER LITTLE
LEAGUE Director of Field Maintenance (at present Scott Defines). The TOWN and
WAPPINGER LITTLE LEAGUE will promptly notify the other party if there is any change in
the above identified parties.
4.2. The sports facilities provided by the TOWN shall include backstops,
fencing, dugouts, restrooms, all as they presently exist and as they may be maintained from time
to time hereafter.
4.3. The TOWN shall be responsible for all maintenance and repairs of the
fields and such custodial services as may be deemed necessary by the Town of Wappinger
Recreation Committee and as approved by the Town Board, except as hereinafter set forth. The
-3-
WAPPINGER LITTLE LEAGUE shall promptly notify the Recreation Committee of any
dangerous conditions or any needed repairs on said sports fields.
4.4. The Town Board, in consultation with the Recreation Committee, must
approve all capital or major improvements to be undertaken by WAPPINGER LITTLE
LEAGUE on any of the sports fields; the approval shall be in the form of a motion or resolution
adopted by the Town Board at any regular or special Town Board Meeting. The request for
improvements must identify the type of improvements and any design plans. All such
improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN
expressly agrees otherwise.
4.5. Since Robinson Lane Recreation Facility is a locked=gate Town park, the
Town Board, or the Supervisor. shill designate. authorized personnel to -open and close the park
each day.
4.6. The Recreation Committee will notify WAPPINGER LITTLE LEAGUE
of any request to use any park facilities prior to the TOWN granting approval to outside users so
as to insure no conflicts with the WAPPINGER LITTLE LEAGUE schedule. Both parties agree
to cooperate to maximize use of the facilities with other users, with a preference given to
WAPPINGER LITTLE LEAGUE whenever possible.
5. Use of Buildings.
5.1. The TOWN shall also grant to the WAPPINGER LITTLE LEAGUE a
license to use existing buildings at the Robinson Lane Recreation Facility for the purpose of
storage of equipment and the operation of a food and drink concession.
5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the
maintenance and cleanliness of the concession stand and further affirmatively agrees to operate
-4-
the concession stand in accordance with the rules of the Dutchess County Health Department and
any other regulatory agency having jurisdiction over the facility.
6. TOWN Responsibilities.
6.1. The TOWN -shall pay for the cost of a potable water supply at Robinson
Lane Recreation Facility and shall supply general and routine maintenance to the parks'
buildings, structures and grounds, except for those items specifically designated as
WAPPINGER LITTLE LEAGUE responsibilities in paragraph 7 following.
6.2. The parties acknowledge that lights for night games have been constructed
at the following fields at the Robinson Lane Recreation Facility:
Holt Memorial Field
Senior League Field 1
Melissa Bisaccia Memorial Field.
WAPPINGER LITTLE LEAGUE shall be authorized to utilize the night lights a minimum of
three (3) nights per week at each of the aforementioned fields, and at such other times as
approved by the Chairman of the Recreation Committee and the Director of Recreation. Under
no circumstances shall lights be permitted to operate beyond_ l l :00 p.m. on any given dates. The
TOWN shall arrange for a timer on the lights which will be set to :turn off promptly at 11:00 p.m.
daily.
6.3. The TOWN shall maintain the night lights and keep them in proper
working order and inspected as needed to insure that the lights are in compliance with
International Little League Guidelines for night games.
6.4. The TOWN shall develop a new security protocol for the use of night
lights and WAPPINGER LITTLE LEAGUE agrees to cooperate with the TOWN and comply
with the adopted security protocol.
-5-
6.5. The TOWN shall pay for all utility charges to any of the sports fields and
facilities, including the cost of electricity at the concession stand at the Robinson Lane
Recreation Facility. The TOWN shall supply ports johns, garbage removal and make sure
bathrooms are in proper working order (except for routine maintenance). The TOWN shall be
responsible for cleaning of the bathrooms at the Robinson Lane Recreation Facility as follows:
a. the TOWN shall provide for a daily sweep, quick mop and emptying of
trash cans on a daily basis and shall provide for a thorough cleaning at
least once per week; and
b. the TOWN shall designate, in writing, a person or business who will
provide emergency repairs to the bathrooms as needed.
6.6. The TOWN shall mow and maintain common areas outside of designated
ball fields, and shall mow and maintain outfield grass on each of the ball fields.
6.7. The TOWN shall maintain and keep in structurally good order the
dugouts, backstops, fences, signs, plumbing and electrical services to the parks.
6.8. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN shall trim
or remove any trees or ornamental shrubbery that interferes with game playing on any of the
fields.
6.9. The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of
lime marking chalk for the ball fields.
6.10. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a license and
permission to use, in common with TOWN employees, the lawn mower owned by the TOWN
and located at Robinson Lane Recreation Facility for the preparation and maintenance of infield
grass on each of the ball fields.
-6-
7. WAPPINGER LITTLE LEAGUE Responsibilities.
7.1. Prior to the start ~f the baseball/softball season, WAPPINGER LTTTLE
LEAGUE shall supply the .Town Board with a roster ~ontain~g the names, addresses, including
township, of the residents of each participant.
7.2: WAPPINGER LITTLE LEAGUE shall be responsible for the cost of a
telephone line at the Robinson Lane Recreation Facility.
7.3. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly
cleaning of the dugouts, and for maintaining all infields on each of the ball fields, including turf
maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of
fertilizer and application of drying agent for clay, as needed.
7.4. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any
additional clay over the twenty-four (24) tons to be supplied by the TOWN.
7.5. WAPPINGER LITTLE LEAGUE will supply all other needed equipment,
including tractors, mowers, chalk liners, etc., necessary to maintain the sports fields in suitable
condition, for play, in accordance with International Little League Rules; WAPPINGER LITTLE
LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it.
7.6 The Director of Recreation (at present position is vacant; appointment
pending) shall designate someone in writing to turn the night lights off each night; the designated
person shall also be responsible for turning off the lights for any other users of the field
authorized to have night games at the Robinson Lane Recreation Facility. The Director of
Recreation (at present position is vacant; appointment pending) shall also designate someone to
close the Robinson Lane Recreation Facility each day during the baseball season.
-7-
7.7. WAPPINGER LITTLE LEAGUE will pay for any improvements it deems
necessary outside of the TOWN responsibilities, subject to Town Board approval.
8. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting
equipment necessary for the implementation of the baseball/softball sports program to be
provided herein, including, but not limited to, bases, balls, insurance, uniforms, league fees,
players' equipment, pitching mound, etc., and such other equipment to maintain the fields as
required by the International Little League Rules.
9. Availability. The baseball/softball sports program herein provided shall be made
available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The sports
program shall be provided starting in the month of March 2014 through the completion of the
summer/fall program in November 2014, as approved by the Recreation Committee.
10. Medical Insurance Coverage. The WAPPINGER LITTLE LEAGUE shall
maintain standard Little League insurance coverage covering the medical expenses for any of the
participants in the baseball/softball program.
11. Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town
Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show distribution
of funds from any non-profit tournaments run at Robinson Lane Recreation Facility no later than
January 31St of each year hereafter.
12. Fee.
12.1. The TOWN shall pay WAPPINGER LITTLE LEAGUE the sum of Five
Thousand Dollars ($5,000.00) for the administration and oversight of the baseball/softball
programs to be provided pursuant to this Agreement.
-8-
12.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for
providing all additional financial support necessary to provide the baseball/softball programs to
be provided hereunder.
12.3. The TOWN will authorize the use of the Robinson Lane Recreation
Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament. All proceeds
from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used to
financially subsidize the baseball program authorized by this Agreement. The TOWN shall. not
charge any fee far the use of the Robinson Lana. Recreation Facility for this tournament, except,
however, in the event the night lights are used, the TOWN shall be paid '$250.00 per field for the
use of such lights.
13. Liability Insurance.
13.1. The WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless
the TOWN against all claims on account of injury, loss or damage arising or alleged to arise out
of or in connection with the occupancy of the Town of Wappinger Recreation Fields; including
all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including
expenses of legal counsel.
13.2. In addition, the WAPPINGER LITTLE LEAGUE agrees to provide to the
TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy
is in force with the WAPPINGER LITTLE LEAGUE as a named insured written with an
insurance company with an A. M. Best's rating of "A" or better. The occurrence limit must
indicate a limit not less than $1,000,000. The TOWN shall be named as an additional insured
and/or certificate holder on a primary, non-contributory basis.
-9-
13.3. No approval is granted or implied unless and until all requirements as
outlined above have been submitted to, received and accepted by the TOWN.
14. Indemnification. The WAPPINGER LITTLE LEAGUE will save, indemnify
and hold harmless the TOWN and its agents, servants and employees from against all claims,
damages, losses and expenses including attorney's fees arising out of or resulting from any
claims, damages, disease, death or injury to any participants in the program conducted by the
WAPPINGER LITTLE LEAGUE, including the loss or destruction of tangible personal
property, except, however, the WAPPINGER LITTLE LEAGUE shall not responsible or assume
any liability for any acts of negligence committed by or on behalf of the TOWN, its agents,
servants and employees.
15. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide
Worker's Compensation coverage as required by General Municipal Law § 108.
16. Mandatory Provision. Each and every provision required by law to be
inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall. be read
and enforced as though it were included herein and in the event any such provision is not
inserted or is not correctly inserted, then, upon the application of either party, this Agreement
shall forthwith be physically amended to make such insertions or corrections.
17. Non-Discrimination. The WAPPINGER LITTLE LEAGUE will not
discriminate because of race, color, national origin, ancestry, or religion; the program shall be
open to all youths who have a permanent residence within the Town of Wappinger, including the
Village of Wappingers Falls, who are between the ages of 5 and 18.
-10-
18. Independent Contractor. The parties hereby agree that WAPPINGER
LITTLE LEAGUE is hereby deemed an "independent contractor" and shall not be considered an
employee or agent of the Town of Wappinger.
19. Non-Assignment. This Agreement may not be assigned.
20. Authorization. Each party, by execution of this Agreement, represents that
it has duly obtained the authorization of its governing body to enter into this Agreement. The
Town Supervisor or her duly designated Deputy Supervisor is hereby authorized to execute this
Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a
regular meeting thereof held on the >day of
2014.
21. Duplicate Originals. This instrument shall be executed in four (4) counterparts
with at least one duplicate original permanently filed in the Office of the Town Clerk of the
Town of Wappinger.
IN WITNESSETH THEREOF, the parties have set their hands and seal this _ day of
March, 2014.
TOWN OF WAPPINGER
By:
BARBARA A. GUTZLER, Supervisor
TOWN OF WAPPINGER LITTLE
LEAGUE ASSOCIATION, INC.
By:
CHRISTOPHER SCHOEN, President
-11-
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of March, 201:4, before me, the undersigned, personally appeared
BARBARA A. GUTZLER known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of March, 2014, before me, the undersigned, personally appeared
CHRISTOPHER SCHOEN known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and .that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
-12-