2003-123RESOLUTION NO. 2003-123
RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN
THE TOWN OF WAPPINGER AND
THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION
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 the 28th
day of April, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
ABSENT:
Councilmen - Rbb2iDX
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
Robert Valdati
The following Resolution was introduced by Mr. Paoloni and seconded by
WHEREAS, the Town Board finds that it is in the best interest of the Town to have the
Town of Wappinger Little League Association 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; and
WHEREAS, the Town has fully complied with its procurement policy with respect to its
Eight Thousand Dollar ($8,000.00) agreement between the parties and further finds that pursuant
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to Town Code §46-3 (b) (3), the agreement between the parties shall be exempt from the Town
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 Eight
Thousand Dollars ($8,000.00) between the Town of Wappinger and Town of Wappinger Little
League Association which will provide softball and baseball activities for the boys and girls of
the community for the 2003 season.
3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of
the Town said Agreement between the Town of Wappinger and Town of Wappinger Little
League Association in substantially the same form as attached hereto.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Absent
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting
Dated: Wappingers Falls, New York
April 28, 2003
The Resolution is her(
GLORIA J.
Aye
declared adopted.
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; i •
AGREEMENT made this day of P between
the Town of Wappinger (hereinafter "Town") a municipal subdivision, having its offices at
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
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:
T -Ball
Instructional
Little League
Minor League
Senior League
Senior League Division III
Big League
Girl's Softball
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 U 0-1 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 building 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 a 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 tine
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.
b. The Little League shall maintain the standard Little League insurance coverage
to provide for medical expenses of participants.
7. The terms of this agreement shall be from the date of execution of this
agreement through the completion of the ,,2 1 3 Little League season.
8. The town shall pay to the Little League the sum of S d`d7� in
exchange for the programs provided.
9. The Little League shall be solely responsible for any liabilities arising from its
acts in the operation of the programs pursuant to this agreement and shall indemnify and hold
harmless the town for any claims arising from the same.
10. This agreement may not be assigned.
11. The 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, including the Village of Wappingers Falls, who are between the ages of 5 and
18.
12. The Little League shall be solely responsible for the obtaining of financial
support necessary to fulfill its obligations for the sports program under this agreement.
13. Each party, by executing this agreement, represents that the authorization of
the governing body has been obtained to permit such.
14. The Little League represents that it is authorized by its governing instruments
to enter into this agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals
this day of
TOWN OF WAPPINGER
BY:
JOSEPH RUGGIERO, Supervisor
TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
BY:
STATE OF NEW YORK)
)ss.:
COUNTY OF DUTCHESS)
On the day of before me personally came JOSEPH
RUGGIERO, to me known, who, being by me duly sworn, did depose and say that he resides in
Wappingers Falls, New York, that he is the Supervisor of the Town of Wappinger, the 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