2024-1372024-137
Resolution Authorizing the Execution of an Agreement Between the Town of Wappinger
and the 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 June 10,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-137
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Q Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
❑
❑
❑
Q
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman Beale.
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 baseball and softball programs of the Town of Wappinger Little
League Association, Inc. are provided at the Robinson Lane Recreation Facilities owned by the
Town of Wappinger; and
WHEREAS, the Town of Wappinger Little League Association, Inc. has assisted the
Town of Wappinger in maintaining the baseball fields and facilities on which its teams play; and
WHEREAS, the Wappingers Challenger League has administered an outstanding
program of baseball activities since 2005 through the hard work and drive of countless
volunteers in the program; and
WHEREAS, the baseball programs of the Wappingers Challenger League are
provided at Inspiration Field at the Robinson Lane Recreation Facilities owned by the Town of
Wappinger; and
WHEREAS, the motto of the Wappingers Challenger League is "Everyone Can
Play!" and the Town Board believes that it is important for the Town to assist with achieving that
goal through providing the necessary improvements to Inspiration Field and financial assistance
for the program;
WHEREAS, the Town Supervisor, in consultation with the Chairman of the
Recreation Committee, the Director of Recreation, and the Supervisor of Buildings and Grounds,
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; 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 Town Board Members acknowledge they have reviewed the terms and
conditions of the proposed "Service Agreement" attached hereto, 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; and
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 amount budgeted for Fiscal Year 2024 for Little League and the Challenger League upon
execution and delivery of the agreement.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
6/10/2024
The Resolution is hereby duly declared Adopted as
Amended. 4
JOSEPH P. PAOLONI, TOWN CLERK
SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
THIS AGREEMENT made the day of 2024, 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, the baseball and softball programs of the WAPPINGER LITTLE LEAGUE
are provided at the Robinson Lane Recreation Facilities owned by the Town of Wappinger; and
WHEREAS, WAPPINGER LITTLE LEAGUE has assisted the TOWN in maintaining the
baseball fields and facilities on which its teams play; and
WHEREAS, the Town Board determines that it is in the best interest of the TOWN to
provide baseball and softball programs for the youth of the community and the parties desire to
enter into this agreement to provide a framework for the programs for the youth of the Town of
Wappinger and the respective obligations of the parties;
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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 and Renewal. The Term of this Agreement shall commence immediately
upon its execution and shall expire upon December 31, 2024. Any future agreements between the
parties shall be under the terms and conditions mutually agreed to by the parties at that time.
2. Services Provided.
2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and
responsible management and supervision of a program for youth between the ages of 4 and 20,
residing within the Town of Wappinger and the Village of Wappingers Falls.
2.1.1. Within 30 days after the start of its Spring and Fall seasons, WAPPINGER
LITTLE LEAGUE shall supply the TOWN 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.
2.3 The WAPPINGER LITTLE LEAGUE shall verify that all participants
actually reside in the TOWN of Wappinger, the Village of Wappingers Falls or otherwise comply
with the geographic residence restrictions established by Little League Baseball, Inc.
ages:
2.4. WAPPINGER LITTLE LEAGUE shall provide programs for the following
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;
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2.5. Such softball and baseball programs shall comport with the rules and
regulations of the Little League Baseball, Inc. ("LL International").
2.6. Assignment of participating youths to specific teams shall be made by
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.
2.7. 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 in accordance with the Rules of LL
International WAPPINGER LITTLE LEAGUE shall provide proof of background checks
conducted to the TOWN.
2.8 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 programs -and use of TOWN
fields in consultation with the Town of Wappinger Recreation Director, and the Supervisor of
Buildings and Grounds.
3. Revocable License to Use Town Snorts Field Facilities.
3.1. The TOWN shall provide sports field facilities for use by WAPPINGER
LITTLE LEAGUE under the terms of this Agreement.
3.2 The TOWN grants a revocable permit to WAPPINGER LITTLE LEAGUE
to use the Robinson Lane Recreation Facility, and such other fields as authorized by the TOWN
in accordance with the Field Use Procedure as adopted by the Town Board.
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3.3. The following fields at the Robinson Lane Complex shall be reserved for
the programs of the WAPPINGER LITTLE LEAGUE during the agreed upon times of operation:
F3, F2 Inst, Ins2, RI, R2,R3, SLI, TI, T2, and Challenger (hereinafter "RESERVED FIELDS").
The WAPPINGER LITTLE LEAGUE shall be permitted to use other fields at the Robinson Lane
Complex as needed with the approval of the TOWN.
3.4. To the extent practicable, the TOWN shall give WAPPINGER LITTLE
LEAGUE priority in scheduling the use of the fields. The Wappinger Recreation Director 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 TOWN reserves the right to permit third
parties to use the RESERVED FIELDS at such times that do not interfere with the schedule of
WAPPINGER LITTLE LEAGUE.
3.5. 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 WAPPINGER
LITTLE LEAGUE's use of the fields. 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.
3.6. The use of authorized baseball fields and related facilities shall include
backstops, fencing, dugouts, restrooms, common areas, and food stands all as they presently exist
and as they may be maintained from time -to -time hereafter.
3.7. In order to avoid any uncertainty about unauthorized users of the fields, the
Warriors and the Voo Doo Dolls are authorized users of the fields.
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4. Town Maintenance of Facility.
4.1. The TOWN shall be responsible for the maintenance and repair of the fields
and such custodial services as may be deemed necessary by the Supervisor of Buildings and
Grounds, except as hereinafter set forth.
4.2. The TOWN will clean and supply the restrooms, including the Challenger
restrooms, twice a week during normal working hours throughout the play season, on days agreed
upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER LITTLE
LEAGUE. The TOWN will also provide either: (1) an outside contractor or (2) employees from
the TOWN's Building and Grounds Department to clean and supply the restrooms on weekends
during the play season as needed. Such cleaning shall include sweeping the floor, picking debris,
cleaning sinks, toilets, and partition walls, mopping the floor, checking and resupplying toilet
paper, paper towels and hand soap as needed, and emptying the garbage.
4.3. 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.
4.4. 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.
4.5. 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
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hereunder or any needed repairs to the baseball fields or other facilities. 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.
4.7. 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.
4.8. 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.
4.9. 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.
4.10. 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.
4.11. The TOWN shall pay for the cost of WI -FI at the Robinson Lane Recreation
Facility.
5. Use of Concession Stand & Storage Buildings.
5.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball
fields, 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
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grounds shall be permitted without the expressed consent of the Supervisor of Buildings and
Grounds, after consultation with the Town Supervisor.
5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the
maintenance and cleanliness of the concession stand and all equipment in connection therewith,
including all life safety equipment such as the AED and the fire suppression system, 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.
5.3. 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.
6. Use of Lights.
6.1. The parties acknowledge that lights for night games have been installed at
the following fields at the Robinson Lane Recreation Facility:
a. Holt Memorial Field
b. Senior League Field 1
C. Melissa Bisaccia Memorial Field.
6.2. 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
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LEAGUE and cannot be transferred or assigned to other organizations. Under no circumstances
shall lights be permitted to operate beyond 11:00 p.m.
6.3. The TOWN shall maintain the night lights and keep them in proper working
order and inspected as needed to ensure that the lights comply with International Little League
Guidelines for night games.
6.4. WAPPINGER LITTLE LEAGUE acknowledges that the WAPPINGER
LITTLE LEAGUE is responsible for shutting down the lights after its use. The TOWN is
responsible of shutting down the lights after use by any third party using the facilities.
6.5. The TOWN shall pay for all utility charges for the sports fields and
facilities.
7. WAPPINGER LITTLE LEAGUE Responsibilities.
7.1. Intentionally omitted.
7.2. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly
cleaning of the dugouts, and for maintaining all infields on each of the RESERVED FIELDS,
including turf maintenance, mowing, seeding, aeration, installation/raking and rolling of clay,
application of fertilizer and application of drying agent for clay.
7.3. WAPPINGER LITTLE LEAGUE shall be responsible for spreading the
clay and appropriately marking the ball fields with lines.
7.4. WAPPINGER LITTLE LEAGUE will be responsible for properly
measuring all base line distances; pitcher mound distances and any other measurements on the
RESERVED FIELDS pursuant to the guidelines and regulations set forth by the International Little
League.
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7.5. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any
additional clay over the twenty-four (24) tons to be supplied by the TOWN.
7.6. WAPPINGER LITTLE LEAGUE will supply all other needed equipment,
including tractors, mowers, chalk liners, etc., necessary to maintain the RESERVED FIELDS in
suitable condition, for play, in accordance with International Little League Rules except for that
certain lawn mower (Brand/Model) supplied by the Town.
7.7. WAPPINGER LITTLE LEAGUE shall also supply fuel and other
maintenance items for all lawn mowers used by it.
7.8. 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.
7.9. The Town Board, in consultation with the Supervisor of Buildings and
Grounds, must approve all construction or installations requested to be undertaken by
WAPPINGER LITTLE LEAGUE on any of the sports fields. WAPPINGER LITTLE LEAGUE
shall promptly notify the TOWN of its intentions to construct or install any improvements, and
WAPPINGER LITTLE LEAGUE agrees that it will not perform any such construction unless and
until it receives written approval from the TOWN. The request for improvements must identify
the type of improvements and any design plans, projected cost, and expenses. All such
improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly
agrees otherwise. The parties agree that any permanent improvements or fixtures constructed by
WAPPINGER LITTLE LEAGUE on the property are the property of the TOWN.
8. Ownership. This Agreement shall not create any ownership or other legal
interest in WAPPINGER LITTLE LEAGUE regarding the TOWN's property, facilities, or
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accommodations. Conversely, this Agreement shall not create any ownership or other legal
interest in the TOWN regarding to the youth sports programs as offered by the WAPPINGER
LITTLE LEAGUE or any advertisements, programming, equipment, or clientele of such.
10. 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, and
such other equipment to maintain the fields as required by the International Little League Rules.
11. 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 2024 through the completion of the summer/fall
program in November 2024, as approved by the Recreation Department.
12. Medical Insurance Coverage and Iniury Notification.
12.1. 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.
12.2. WAPPINGER LITTLE LEAGUE shall notify the Recreation Director and
the Town Supervisor in writing, via email or regular mail, within two (2) business days of any
injury that occurs. Injury includes injuries to players, staff, parents, spectators, visitors, invitees,
and guests. The injury shall be reported by any form approved and required by Little League
International, or on a form approved by the Recreation Director. The Town shall be provided with
a copy of any forms that the WAPPINGER LITTLE LEAGUE is required to file related to the
injury to WAPPINGER LITTLE LEAGUE International, its insurance carrier, or any other entity.
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13. Liability Insurance.
13.1. 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 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, which
includes the expenses of legal counsel.
13.2. In addition, WAPPINGER LITTLE LEAGUE shall obtain and maintain a
comprehensive general liability policy from an insurance company with an A.M. Best's Rating of
"A" or better which shall include liability coverage for bodily injury and death in an amount of no
less than $1,000,000 per occurrence and for property damage in an amount of no less than
$1,000,000. WAPPINGER LITTLE LEAGUE shall provide to the Wappinger Town Clerk, with
a copy to the Wappinger Town Attorney, simultaneously with a copy of this Agreement as signed
by WAPPINGER LITTLE LEAGUE, a certificate of insurance and declarations page from each
policy, in form satisfactory to the Town Attorney, (i) evidencing the foregoing coverage; (ii)
naming the Town of Wappinger as a certificate holder; and (iii) containing the following clause:
"This insurance policy shall not be amended, nor shall it expire or be cancelled, unless written
notice of same is delivered to the Town Clerk of the Town of Wappinger at the Wappinger Town
Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, by certified mail, return receipt
requested, at least thirty (30) business days prior to such amendment, expiration or cancellation."
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.
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14. 1. The WAPPINGER LITTLE LEAGUE shall save, indemnify, and hold
harmless the TOWN and its agents, servants, and employees from and against all claims, damages,
losses, and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense,
settlement, or satisfaction thereof (including legal expenses), arising out of or resulting from any
and all claims, damages, disease, death, or injury arising from this Agreement.
14.2. The WAPPINGER LITTLE LEAGUE shall save, indemnify, and hold
harmless the TOWN and its agents, servants, and employees from and against all claims, damages,
losses and expenses, plus accrued interest, and all expenses incurred by the TOWN in the defense,
settlement, or satisfaction thereof (including legal expenses), in connection with the occupancy or
use by the WAPPINGER LITTLE LEAGUE of the Town of Wappinger Recreation Fields
including the loss or destruction of tangible personal property.
14.3. Notwithstanding the foregoing, 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. Financial 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 by WAPPINGER LITTLE LEAGUE at
Robinson Lane Recreation Facility no later than January 31" of each year hereafter.
17. Fee for Administration of Program.
17.1. Subsequent to the signature of this Agreement, the TOWN shall make a
one-time payment to WAPPINGER LITTLE LEAGUE of Ten Thousand Five Hundred
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($10,500.00) for the administration and oversight of the 2024 programs to be provided pursuant to L Commented [BL1 ]- which one is correct?
. --------
Co
-
Commented [JF2R7]: 10,500
this Agreement and as agreed upon in the 2024 TOWN budget. __ ---------
Commented [BL3R7]:Iedrtedthis
17.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing
all additional financial support necessary to provide the Programs.
17.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility
by the WAPPINGER LITTLE LEAGUE for one additional tournament in the year 2024. 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.
19. Termination of Agreement.
19.1. The TOWN reserves the right to periodically review the performance of
WAPPINGER LITTLE LEAGUE to evaluate compliance with the terms of this Agreement.
19.2. Either parry may terminate the Agreement for breach of this Agreement
upon thirty (30) days written notice to the breaching parry. If the breaching parry does not cure
the breach prior to the date of termination, then the other parry may terminate the Agreement. If
the breaching parry attempts to diligently cure the breach, to the extent such breach cannot be
reasonably cured within thirty (30) days, the other parry may grant additional time to cure as it
deems appropriate, but is under no obligation to do so.
19.3. This Agreement maybe terminated by either parry giving notice of its intent
to terminate the Agreement on or before October 15th of any year, which termination shall be
effective as of January 1st immediately following.
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19.4. If WAPPINGER LITTLE LEAGUE shall dissolve, become insolvent, or
otherwise be unable to fulfill the terms of this Agreement, or abandon the use of the fields and
facilities, this Agreement shall terminate, and WAPPINGER LITTLE LEAGUE shall have no
further rights hereunder. Discontinuation of use of all or part of the Premises for maintenance,
repair, or rehabilitation purposes of the grounds shall not be deemed as an abandonment. If
WAPPINGER LITTLE LEAGUE changes the character of its operation significantly from that of
a non-profit corporation, then this Agreement shall terminate and WAPPINGER LITTLE
LEAGUE shall have no further rights hereunder.
20. Non -Discrimination. The WAPPINGER LITTLE LEAGUE will not
discriminate because of race, color, language, 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 4 and 20.
21. 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. Nothing contained in this Agreement is intended to create a
partnership or joint venture between WAPPINGER LITTLE LEAGUE and the TOWN, and no
agent of WAPPINGER LITTLE LEAGUE shall be the agent of the TOWN. WAPPINGER
LITTLE LEAGUE covenants that it will not take any action in the name of, or by holding itself
out as the agent of, the TOWN.
22. Non -Assignment, This Agreement may not be delegated, assigned, sub -let, or
transferred.
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23. Appointments. 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:
a. Town of Wappinger Supervisor- Joseph D. Cavaccini
b. Town Board Liaison to the Recreation — Al Casella
C. Wappinger Recreation Director — Jessica Fulton
d. Supervisor of Buildings and Grounds — Steven Frazier
e. President of Wappinger Little League — Jeff Tomlins
f. Safety Director of Wappinger Little League — Tina Sassano
g. Director of Field Maintenance, Wappinger Little League — Michael Kotash
Each Party will promptly notify the other party if there is any change in the above identified
persons.
24. 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
Day of , 2024.
25. Counterparts and Duplicate Originals. The parties hereby agree that this
Agreement may be executed by facsimile or scanned signatures transmitted by electronic mail
and/or in one or more counterparts, each of which when so executed and delivered shall be deemed
an original, but all of which taken together shall constitute the same original. At least one duplicate
original will be permanently filed in the Office of the Town Clerk of the Town of Wappinger.
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26. Notices. All notices, communications, invoices, bills, and reports required
under the Contract shall be personally delivered or mailed to the respective parties by certified
mail, return receipt requested, to the addresses shown below, unless and until either party is
otherwise notified in writing by the other party of a change in address. Mailed notices shall be
deemed communicated as of five (5) days after mailing regular mail.
If intended for TOWN, to: If intended for WAPPINGER LITTLE LEAGUE, to:
20 Middlebush Road PO Box 133
Wappingers Falls, New York 12590 Wappingers Falls, New York 12590
Attn: Jessica Fulton Attn: Jeff Tomlins
27. Integration. The parties agree that this Agreement, along with any attachments,
constitutes the entire understanding between the parties and supersedes all prior negotiations,
agreements, and understandings, whether oral or written.
28. Severability. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, or conditions of this Agreement are for any reason held to be
invalid, void, or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions of this Agreement shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated.
29. Choice of Law and Venue. This Agreement shall be governed by the laws of the
State of New York, and any action to enforce the terms of this Agreement shall take place in the
Dutchess County Supreme Court.
30. Waivers. The failure by one party to require performance of any provision of
this Agreement shall not affect that party's right to require performance at any time thereafter, nor
shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent
breach or default or a waiver of the provision itself.
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31. Amendments. This Agreement may only be amended by a written
document duly executed by both parties.
32. Headings. The headings and numbering of the different sections of this
Agreement are inserted for convenience only and are not to control or affect the meaning,
construction or effect of any provision.
IN WITNESSETH THEREOF, the parties have set their hands and seal this day of
2024.
TOWN OF WAPPINGER
By:
JOSEPH D. CAVACCINI, Supervisor
TOWN OF WAPPINGER LITTLE
LEAGUE ASSOCIATION, INC.
LIA
JEFF TOMLINS, President
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ADDENDUM TO
SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
for
"Wappingers Challenger League Service Agreement"
THIS AGREEMENT made the day of 2024, 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".
For
The Wappingers Challenger League
WITNESSETH:
.WHEREAS the Wappingers Challenger League has administered an outstanding program ..-- Formatted: Font: Bold
of baseball activities since 2005 through the hard work and drive of Bettina Briccetti, her family
and countless volunteers in the program; and
WHEREAS the baseball programs of the Wappingers Challenger League are provided at ..-- Formatted: Font: Bold
Inspiration Field at the Robinson Lane Recreation Facilities owned by the Town of Wappingers
and
.WHEREAS the.motto.of the Wappingers Challenger League is "Everyone Can Play! Formatted: Font: Bold
and the Town Board believes that it is important for the Town to assist with achieving that goal
through providing the necessary improvements to Inspiration Field and financial assistance for the
program,
-1-
,WHEREAS the Town Board finds that it is m the best interests of the Town to provide -„---- Formatted: Font: Bold
all children with intellectual and physical disabilities an opportunity to play our national pastime,
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, on behalf of the Mt
..1,2.4...i&e—ri Cha.11enoereaoou�hereby agree as follows: �.,rDeleted: w�PZNGExs CHALLENGER LEAGUE
1. Addendum and Term. This addendum shall supplement the Agreement
nfered between the Town of Wappinger and fhe ➢'aywn ay Wappinger Little League Asayerar.frayra Deleted. mtaed into
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Inc. and the term of this Addendum shall commence immediately upon its execution and shall
expire upon December 31, 2024. This addendum shall govern the services provided by the
Challenger Division,;, and where there is a conflict between this addendum and the original
agreement, this addendum shall control.
2. Services Provided.
2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and
responsible management and supervision of a Little League Challenger program for youth between
the ages of and 29; residing within the Town of Wappinger and the Village of Wappingers Falls __feommented [e��l: Agate, what are the
Deleted -2
2.2. Such softball and baseball programs shall comport with the rules and
regulations of the Little League Baseball, Inc. and its Little League Challenger Division as
applicable.
2.3. Assignment of participating youth to specific teams shall be made by
WAPPINGER LITTLE LEAGUE, at its sole discretion,
3. Fee for Administration of Program.
3.1. Subsequent to the signature of this Addendum by all parties, the TOWN
shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Three Thousand Dollars
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($3,000.00) for the administration and oversight of the Little League Challenger programs to be
provided pursuant to this Agreement and as agreed upon in the 2024 TOWN budget.
3.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing
all additional financial support necessary to provide the Programs.
4. Non -Assignment. This Addendum may not be delegated, assigned, sip b i�t,,,,_or
transferred.
5. 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
day of ........ 2024.
6. t`r�,�ant ial ;ts ��aci,,,,,;lll3�a glia a t , Q kxx m ls„ ➢lie gar.rtle's Ilerel.r agree that thus
Jnry be execgted I fl c'si rifle or scanned slotidigres frarnzrrnfie l lry c1u e r..0 t.]Je rri,ar;J.]
aJ l/u r itJJJ r trce ounfcrw➢zo exec arid dcliv rc zlullIc d ctn
,, ; ;,, ,-„
1, i2tj rt. r;l,, bout ulJ;,,, l v Vncl?;,f rkctJ f cfli r zli; rll a JJzf;Jfoufc f➢t ,,,;z rJn a r,J„ nJ rl ;;f;;,lc r zf on; lou flit car:f:e
IN WITNESSETH THEREOF, the parties have set their hands and seal this day of
2024.
TOWN OF WAPPINGER
Deleted: 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.
By: — Formatted: Underline
JOSEPH D. CAVACCINI, Supervisor
TOWN OF WAPPINGER LITTLE
LEAGUE ASSOCIATION, INC.
By: _
JEFF TOMLINS,
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Formatted: Underline
Deleted: ¶