2018 Little League Contract SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION,, INC.
THIS AGREEMENT made thet"INday ofd ' 018, 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.
A Not-For-Profit Corporation,
with its principal offices at
PO BOX 133, Wappingers Falls, New York 12590,
hereinafter referred to as the "WAPPINGER LITTLE LEAGUE".
WITNESSETH:
WHEREAS, the TOWN and WAPPINGER LITTLE LEAGUE have maintained a long
standing relationship in providing baseball and softball programs for the youth of the Town of
Wappinger; and
WHEREAS,WAPPINGER LITTLE LEAGUE has assisted the TOWN in maintaining the
baseball fields and facilities, all of which are located within public recreation lands; and
WHEREAS, the baseball fields are open to the general public for use as athletic fields,
subject to approval by the Town Board and as administered by the Town of Wappinger Director
of Recreation and the Town of Wappinger Recreation Committee; and
WHEREAS, the parties desire to enter into this contract to provide the program and
program instruction for the youth of the Town of Wappinger; and
WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services.
JUN 2 5 2018
TOWN OF WAPP1N(':,ER
TOWN
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. Term. The Term of this Agreement shall be one year commencing January 1,
2018.
2. Services Provided.
2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and
responsible management and supervision of the program for all youth residing within the Town of
Wappinger and the Village of Wappingers Falls between the ages of 4 and 20.
2.1.1. Prior to June 1, 2018, WAPPINGER LITTLE LEAGUE shall
supply the Town Board with a written roster of all participants in the Spring Softball and baseball
programs; such roster shall contain the names, addresses, and ages of each participant. Prior to
September 15, 201.8,WAPPINGER LITTLE LEAGUE shall supply the Town Board with a roster
of the participants in the Fall program; such roster shall contain the names, addresses, and ages of
each participant.
2.1.2 The WAPPINGER LITTLE LEAGUE shall verify that all participants
actually reside in the TOWN.
2.2. The program shall include:
a. Challenger Leagues—Age Group—varied 4 to 20 years old;
b. Tee Ball—Age Group - 4 to 6 years old;
c. Minor League Baseball—Age Group—7 to 12 years old;
d. Little League Baseball & Softball—Age Group -9 to 12 years old;
e. Instructional Baseball & Softball—Age Group—6 to 8 years old;
f. Junior/Senior League Baseball & Softball—Age Group— 13 to 16 years old;
g. Big League Baseball—Age Group— 16 to 18 years old;
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2.3. Only the Leagues described above are permitted to use Town fields. Such
softball and baseball programs shall comport with the rules and regulations of the International
Little League. "Travel Teams" are not authorized to use Town fields pursuant to this Agreement.
Travel Teams must apply separately to use the fields and pay for the use of the fields and
maintenance of facilities pursuant to the Town's "Field Use Permit".
2.4. Assignment of participating youths to specific teams shall be made by the
WAPPINGER LITTLE LEAGUE, at its sole discretion, which assignment shall take into
consideration the age of the youth and the youth's individual skill level.
2.5. The WAPPINGER LITTLE LEAGUE shall provide all coaches,instructors,
and umpiring personnel necessary to provide management, supervision, instruction and safety in
the above-referenced leagues, as well as provide the TOWN's youth with a team experience in a
formal organized program. It shall be the responsibility of the WAPPINGER LITTLE LEAGUE
to perform background checks of all coaches and instructors to provide the appropriate security.
WAPPINGER LITTLE LEAGUE shall request proof of background checks conducted by the
association of umpires used by the league.
2.6 The WAPPINGER LITTLE LEAGUE shall provide such administrative
personnel as necessary to manage a smooth and efficient operation of the program and the above-
mentioned Leagues, together with necessary coordination of such program-,-and use of TOWN
fields in consultation with the Town of Wappinger Recreation Director and the Chairman of the
Town of Wappinger Recreation Committee.
3. Revocable License to Use Town_Sports Field Facilities.
3.1. The TOWN shall provide sports field facilities for the program.
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3.2 The TOWN grants a revocable permit 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 Board, in consultation with the Town of Wappinger
Recreation. Director, Recreation Committee (hereinafter "Committee") and the Chairman of the
Committee, in accordance with the Field Use Procedure as adopted by the Town Board.
3.3. No later than April 15,2018, the WAPPINGER LITTLE LEAGUE shall
submit a proposed use of the baseball fields necessary to provide the Spring program.No later than
August 15,2018, the WAPPINGER LITTLE LEAGUE shall submit a proposed use of the baseball
fields necessary to provide the Fall program. "Travel teams" are not included. The schedule of
needed baseballfields shall be submitted to the Director of Recreation, who shall review and
approve the schedule of use of the fields, or make any necessary modifications thereto. Any
changes to the scheduled use of the fields must be approved by the Director of Recreation.
3.4. To the extent practicable, the TOWN shall give WAPPINGER LITTLE
LEAGUE a priority in scheduling the use of the fields. The Wappinger Recreation Director and/or
the Chairman of the Recreation Committee may consult with the Supervisor of Buildings and
Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized
herein. The Parties acknowledge that the following individuals have been duly appointed to the
following positions for the purpose of implementing this agreement and the Terms and conditions
hereunder:
Wappinger Recreation Director—Jessica Fulton
Chairman of the Recreation Committee—Ralph Holt
Supervisor of Buildings and Grounds— Steven Frazier
President of Wappinger Little League - Peter McGowan
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Safety Director of Wappinger Little League—Dave Twilley
Director of Field Maintenance, Wappinger Little League—James Lamando
Town Board Liaison To The Recreation Committee—Michael Kuzmicz
Town of Wappinger Supervisor-Dr. Richard L. Thurston
Each Party will promptly notify the other party if there is any change in the above identified
persons.
3.5. The use of authorized baseball fields and related shall include backstops,
fencing, dugouts, restrooms, and food stands all as they presently exist and as they may be
maintained from time to time hereafter.
3.6. 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 Supervisor of
Buildings and Grounds and as approved by the Town Board, except as hereinafter set forth. The
WAPPINGER LITTLE LEAGUE shall promptly notify, in writing, the Supervisor of Buildings
and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed
repairs to the baseball fields or other facilities.Weather and field conditions permitting,the TOWN
will provide weekly mowing of the outfields and common areas on a day to be agreed upon by the
Supervisor of Buildings &Grounds and WAPPINGER LITTLE LEAGUE President. The TOWN
will also provide string trimming of the fences,buildings and bleachers on a bi-weekly basis. The
TOWN will attend to clean up of storm debris including fallen trees or branches as soon as possible
following the storm. The TOWN will twice during the period of Monday through Friday
throughout the play season clean and supply the restrooms, including the Challenger restroom on
days agreed upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER
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LITTLE LEAGUE. The TOWN will also provide an outside contractor to clean and supply the
restrooms on weekends during the play season.
3.7. The Town Board, in consultation with the Supervisor of Buildings and
Grounds and the Town Supervisor must approve all capital or major improvements requested 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, design
plans, projected cost, and expenses. All such improvements shall be paid for by WAPPINGER
LITTLE LEAGUE unless the TOWN expressly agrees otherwise.
3.8. Since Robinson Lane Recreation Facility is a locked-gate Town park, the
Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall
create a list of authorized key holders to open and close the park each day and shall so notify
WAPPINGER LITTLE LEAGUE and the Town's Director of Recreation. (See also paragraph 5.4
regarding use of nightlights.)
3.9. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in
the event there is any request to use any of the park facilities that may conflict with the approved
schedule of uses by WAPPINGER LITTLE LEAGUE. To the extent practicable, the TOWN shall
not grant approval to outside users so as to insure there will be no conflicts with the approved
schedule of uses for WAPPINGER LITTLE LEAGUE. Both Parties agree to cooperate to
maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE
LEAGUE whenever possible or practical.
4. Use of Buildings and Grounds.
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4.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball
fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable
permit to WAPPINGER LITTLE LEAGUE to use existing buildings at the Robinson Lane
Recreation Facility for the sole purposes of storage of equipment and the operation of a food and
drink concession. No other use of the buildings or the grounds shall be permitted without the
expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town
Supervisor.
4.2, The WAPPINGER LITTLE LEAGUE will be responsible for the
maintenance and cleanliness of the concession stand and all equipment in connection therewith,
and further affirmatively agrees to operate the concession stand and equipment in accordance with
the rules of the Dutchess County Health Department and any other regulatory agency having
jurisdiction over the facility.
4.3. Any violations of any rule, law, regulation, ordinance or statute by
WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the sole
responsibility of WAPPINGER LITTLE LEAGUE and WAPPINGER LITTLE LEAGUE agrees
to indemnify and hold harmless the TOWN for any such violations. WAPPINGER LITTLE
LEAGUE will repair/correct any violation within 30 days or by the date mandated by the Dutchess
County Health Department and any other regulatory agency having jurisdiction over the facility.
5. TOWN Responsibilities.
5.1. The TOWN shall keep the well on the property in working order to provide
a potable water supply at Robinson Lane Recreation Facility. The TOWN will pay the cost of the
mandatory and routine testing of this public water source performed by CAMO Pollution. The
TOWN shall weather and field conditions permitting,provide weekly mowing of the outfields and
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common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and
WAPPINGER LITTLE LEAGUE President. The TOWN will also provide string trimming of the
fences, buildings and bleachers on a bi-weekly basis. The Town will attend to clean up of storm
debris including fallen trees or branches as soon as possible following the storm. The TOWN will
twice during the period of Monday through Friday throughout the play season clean and supply
the restrooms, including the Challenger restroom on days agreed upon by the Supervisor of
Buildings & Grounds and President of the WAPPINGER LITTLE LEAGUE. The TOWN will
also provide an outside contractor to clean and supply the restrooms on weekends during the play
season.
5.2. The parties acknowledge that lights for night games have been installed at
the following fields at the Robinson Lane Recreation Facility:
Holt Memorial Field
Senior League Field 1
Melissa Bisaccia Memorial Field.
5.3 WAPPINGER LITTLE LEAGUE shall only be authorized to utilize the night
lights three (3) nights per week, Monday through Friday only, at each of the fields, and at such
other times as approved in writing by the Town Supervisor, after consultation with the Supervisor
of Buildings and Grounds. These three weekly uses are for WAPPINGER LITTLE LEAGUE and
can not be transferred or assigned to other organizations. Under no circumstances shall lights be
permitted to operate beyond 11:00 p.m.
5.4. The TOWN shall maintain the night lights and keep them in proper
working order and inspected as needed to ensure that the lights are in compliance with International
Little League Guidelines for night games.
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5.5. WAPPINGER LITTLE LEAGUE, shall designate in writing a person or
persons whose responsibility it is to turn the night lights off each night WAPPINGER LITTLE
LEAGUE uses the lights.
5.6. The TOWN shall pay for all utility charges for all of the sports fields and
facilities. The TOWN shall supply porta jobns, garbage removal and make sure bathrooms are in
proper working order(except for routine maintenance).
5.6.1. The TOWN shall be responsible for cleaning of the bathrooms at the
Robinson Lane Recreation Facility as follows:
5.6.1.1. The TOWN shall provide for cleaning the bathroom facility
based on the WAPPINGER LITTLE LEAGUE schedule, as determined by the Supervisor of
Buildings and Grounds; such cleaning shall include sweeping the floor, picking up any debris to
be found, wiping down and sanitizing by spraying sinks, toilets and partition walls, mopping the
floor with sanitizing solution, checking and resupplying toilet paper, paper towels and hand soap
as needed, and emptying the garbage.
5.6.1.2. The Supervisor of Buildings and Grounds shall he notified
in the event emergency repairs are required and needed for any of the facilities licensed herein.
The Supervisor of Buildings and Grounds will provide an emergency phone number at which he
or another designated individual can be reached in the event emergency repairs are required.
5.7. The TOWN shall mow and maintain common areas outside of the fields,
and shall mow and maintain outfield grass on each of the fields.
5.8. The TOWN shall maintain and keep in structurally and/or mechanically
good order the dugouts, backstops, fences, signs,plumbing and electrical services to the parks.
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5.9. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through
the Department of Buildings and Grounds, shall trim or remove any trees or ornamental shrubbery
that interferes with game playing on any of the fields.
5.10. The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of
lime marking chalk for the ball fields at the beginning of the season when field conditions permit.
5.11. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a permit 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. WAPPINGER LITTLE LEAGUE Responsibilities,
6.1. WAPPINGER LITTLE LEAGUE shall pay for the cost of a telephone line
at the Robinson Lane'Recreation Facility.
6.2. 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; WAPPINGER LITTLE LEAGUE shall be
responsible for spreading the clay and appropriately marking the ball fields with lines.
6.3. WAPPINGER LITTLE LEAGUE will be responsible for properly
measuring all base line distances; pitcher mound distances and any other measurements pursuant
to the guidelines and regulations set forth by the International Little League
6.4. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any
additional clay over the twenty-four(24) tons to be supplied by the TOWN.
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6.5. 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.
6.6. WAPPINGER LITTLE LEAGUE will pay for all improvements it deems
necessary outside of the TOWN responsibilities as previously defined, subject to Town Board
approval, in consultation with the Supervisor of Buildings and Grounds.
7. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting
equipment necessary for the implementation of 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.
8. 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 Program
shall be provided starting in the month of March 2018 through the completion of the summer/fall
program in November 2018, as approved by the Recreation Department.
9. Medical Insurance Coverage.
9.1 The WAPPINGER LITTLE LEAGUE shall provide all medical/injury
insurance equal to or greater than the standard International Little League insurance coverage
covering the medical expenses for any of the participants in the baseball/softball program.
10. Liability Insurance.
10.1. The WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless
the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of
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or in connection with the occupancy or use 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.
10.2. In addition, the WAPPi.NGER 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.
10.3. No approval is granted or implied unless and until all requirements as
outlined above have been submitted to,received and accepted by the TOWN.
11. 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.
12. Worker's Compensation. The WAPPINGER LITTLE LEAGUE shall provide
Worker's Compensation coverage as required by General Municipal Law §108
13. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the
Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show
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distribution of funds from any non-profit tournaments run by WAPPINGER LITTLE LEAGUE at
Robinson Lane Recreation Facility no later than January 31`t of each year hereafter.
14. Fee for Administration of Program.
14.1. Subsequent to the signature of this Agreement, the TOWN shall make a
one-time payment to WAPPINGER LITTLE LEAGUE of Six Thousand Dollars ($6,000.00) for
the administration and oversight of the 2018 programs to be provided pursuant to this Agreement
and as agreed upon in the 2018 TOWN budget.
14.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing
all additional financial support necessary to provide the Programs.
14.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility
by the WAPPINGER LITTLE LEAGUE for one additional tournament in the year 2018. 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 for the use of the Robinson Lane 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.
15. Non-Discrimination. The WAPPINGER LITTLE LEAGUE will not
discriminate because of race, color, national origin, ancestry, or religion. WAPPINGER LITTLE
LEAGUE will commit to being a safe and civil environment for all players coaches, staff,
volunteers, umpires, and patrons, free from harassment, intimidation, or bullying. 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 20.
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16. 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.
17, Non-Assignment. This Agreement may not be delegated,assigned,or transferred.
18. Authorization. Each Party, represents that it has duly obtained the authorization
of its governing body to enter into this Agreement. The Town Supervisor or his 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
30"' day of May, 2018.
19. Duplicate Originals. This instrument shall be executed in four (4) counterparts
with at least one duplicate original peni-iariently 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� �Ilday of
June, 2018.
B 7W F -PPINGER
y. ....
DR. RICHXRD L. THURSTON, Supervisor
TOWN OF WAPPINGER LITTL
LEAGUF� 0q, T INC
I
�V�5
By:
PETER MC 'WAN, President
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STATE OF NEW YORK }
ss:
COUNTY OF DUTCHESS )
�H
On the 7 day ofS+��,�, 2018,before me, the undersigned, personally appeared DR.
RICHARD L. THURSTON 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
MjMA"M6VACM
OMOW Vak
STATE OF NEW YORK }
} ss:
COUNTY OF DUTCHESS )
On the ? day ofx!L-f,2018, before me, the undersigned, personally appeared PETER
MCGOWAN 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
dV Nerr aowiWia Oak*CM
k'
Nw„ot� rw
g .
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