2009-1592009-159
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 April 13,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Maureen McCarthy
Joseph P. Paoloni
Vincent F. Bettina
The following Resolution was introduced by Councilwoman McCarthy 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 softball and baseball activities for
the boys and girls of the community in accordance with the proposed Agreement between the
Town of Wappinger and Town of Wappinger Little League Association, Inc.; and
WHEREAS, the Town has fully complied with its procurement policy with respect to its
Ten Thousand Dollar ($10,000.00) agreement between the parties and further finds that pursuant
to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town's
procurement policy and may be properly classified as one of the "sole source situations".
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 hereby agrees to enter into a written Agreement for Ten
Thousand Dollars ($10,000.00) with the Town of Wappinger Little League
Association, Inc. which will provide softball and baseball activities for the boys
and girls of the Town of Wappinger for the 2009 baseball season.
3. Supervisor Christopher J. Colsey is hereby authorized and directed to sign on
behalf of the Town the Agreement between the Town of Wappinger and Town of
Wappinger Little League Association, Inc. in substantially the same form as
attached hereto, including the attached Rider to Agreement, copies of which are
affixed hereto.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/13/2009
The Resolution is hereby duly declared adopted.
\ - A L — ('191 �"
OHN . MASTERSON, TOWN CLERK
RECEIVED%
APR � 6 200 `,
701AIKI GLERV
AGREEMENT BETWEEN
TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE
ASSOCIATION, INC.
AGREEMENT made this day of A-Pri I , 2009 between
the Town of Wappinger (hereinafter "Town") a municipal su division, having its offices at
20 Middlebush Road, Wappingers Falls, New York and the Town of Wappinger Little League
(hereinafter referred to as "Little League"), a Not -For -Profit Corporation with its Principle offices
at 4 Split Tree Drive, Wappingers Falls New York 12590.
WHEREAS the TOWN wishes to contract with the Little League for providing of
services hereafter defined, and
WHEREAS the LITTLE LEAGUE is willing to provide said services in exchange
for consideration hereafter defined,
NOW, THEREFORE, it is agreed between the parties as follows:
1. The LITTLE LEAGUE shall provide for all youths within the Town of
Wappinger, including the Village of Wappingers Falls, between the ages of 5 and 18 the
opportunity to participate in either 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
Assignment of such teams shall be made by the LITTLE LEAGUE which shall
take into consideration the age of the applicant and the applicant's skill level (if applicable).
2. The LITTLE LEAGUE shall provide all coaches, instructors, and umpiring
personnel necessary to provide both instruction and team experience to each youth. The LITTLE
LEAGUE shall also undertake all administrative acts necessary for the operation of such leagues.
3. The TOWN shall provide adequate facilities in support of the sports program
herein set forth during those times described in various schedules of the LITTLE LEAGUE
previously established and distributed for the 2009 season. This includes sports and recreational
fields with backstops, fencing, dugouts, restrooms, all as they presently exist and as they may be
improved. This also includes the continuation of repairs, maintenance, and custodial services.
The TOWN shall also make available to the LITTLE LEAGUE its buildings at the
Robinson Lane Facility for the purpose of storage of equipment and the operation of a concession.
The LITTLE LEAGUE will be responsible for the cleanliness of the concession stand and must
keep it in such state as to meet Dutchess County Health requirements. The TOWN shall continue
to pay the cost of electricity, water and telephone.
4. The LITTLE LEAGUE shall provide all sporting equipment necessary for the
implementation of the sports program. The Town shall provide the chalk dust needed to line fields.
5. The sports program shall be provided to the youth of the TOWN, inclusive of the
Village of Wappingers Falls, beginning in the month of March through the completion of
Summer/Fall Program in November.
municipal corporation described in and which executed the foregoing instrument, that he knows
the seal of said municipal corporation, that the seal affixed to said instrument is such corporation
seal, that it was so affixed by order of the board of trustees of said corporation, and that he signed
his name thereto by like order.
Notary Public
RIDER TO AGREEMENT
Between
TOWN OF WAPPINGER
A Municipal Corporation,
With offices located at 20 Middlebush Road,
Wappingers Falls, New York 12590,
Hereinafter referred to as the "TOWN"
and
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION INC.
A Not -For -Profit Corporation
With its principal office located at 4 Split Tree Drive,
Wappingers Falls, New York 12590,
Hereinafter referred to as the "LITTLE LEAGUE"
TOWN and LITTLE LEAGUE hereby agree to make this a Rider a part of the
Agreement between the parties with the same full force and effect as if was originally made
and printed in this original Agreement.
It is further agreed between the parties as follows:
15. The 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
LITTLE LEAGUE, including the loss or destruction of tangible personal property,
except, however, the LITTLE LEAGUE shall not be responsible or assume any liability for
acts of negligence committed by or on behalf of the TOWN, its agents, servants and
employees.
16. The LITTLE LEAGUE shall provide worker's compensation pursuant to
General Municipal Law § 108.
17. 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
forthworth be physically amended to make such insertions or corrections.
18. Town Supervisor or his duly designated Deputy Supervisor is authorized
to execute this Agreement pursuant to the Resolution adopted by the Town Board of the
Town of Wappinger at a regular meeting thereof held on
2009.
19. 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 seals
this 6-Fk- day of 2009.
TOW OF APPIN R
By:
Christopher Colse
Supervisor
TOWN OF WAPPINGER LITTLE
LEAGU ASSOCIATION, NC.
By: /�-1'►'�J
Gary . Mensching i\
President
ACKNOWLEDMENTS
STATE OF NEW YORK
ss:
COUNTY OF DUTCHESS
On April 16, 2009, before me, the undersigned, personally appeared Christopher J. Colsey 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 be half of which the individual acted,
executed the instrument.
STATE OF NEW YORK
COUNTY OF DUTCHESS
Notary Pu lic
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County
Commission Expires Feb. 28, 20 L_
ss:
On April 16, 2009, before me, the undersigned, personally appeared Gary E. Menching 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 be half of which the individual acted,
executed the instrument.
i
r.
NOTARY PUBLIC, State PR06 oR New York
Commission Expires Feb. 2, 20 County10
of
fjotoft/ .
March 23, 2009
Mr. Christopher Colsey
Supervisor
Town of Wappinger
Town Hall
20 Middlebush Rd.
Wappingers Falls NY 12590
Dear Supervisor Colsey:
Attached is the "Agreement Between the Town of Wappinger and Town of Wappinger Little
League Association, Inc." for review and approval of the Town Board. The wording remains
unchanged except where underlined.
Very truly yours,
46?A
Ga lGlenschin
rY g
President
Town of Wappinger Little League
P.O. Box 133 9 Wappingers Falls, NY 12590
SUPERVISOR
CHRISTOPHER J. COLSEY
TOWN OF W"PINGER
SUPERVISOR'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845)297-2744
FAX: (845) 297-4558
To: Albert Roberts, Esq.
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
From: Christopher Colsey, Supervisor
Date: March 23, 2009
Subject: Development of Town Board Resolution
Town of Wappinger Little League
Attached find a proposed contract, as delivered by Gary Mensching, between the Town
of Wappinger and Little League.
Please review such and craft a resolution for the April 13 agenda authorizing the
Supervisor to execute such accordingly. Should a concern arise, please address such
directly with the league president.
T you.
Christopher 2tervisor
Town of Wappinger