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2004-310RESOLUTION NO. 2004-310 RESOLUTION AUTHORIZING THE EXECUTION OF THE CONTRACT BETWEEN THE TOWN OF WAPPINGER AND THE WAPPINGER UNITED SOCCER CLUB 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 13th day of December, 2004, 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 Council Members - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Mr. Bettina and seconded by Mr. Paoloni WHEREAS, the Town Board finds that it is in the best interest of the Town to have the Wappinger United Soccer Club provide supervised soccer activities, training and instruction for the boys and girls of the Town of Wappinger in accordance with the proposed Contract between the Town of Wappinger and the Wappinger United Soccer Club. 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 the written Contract between the Town of Wappinger and Wappinger United Soccer Club in substantially the same form as CADocuments and Settings\GinaNAPPINGER\Local Settings\Temporary Internet Fi1es\0LK1A\SoccerK1.doc attached hereto for the purposes of providing supervised soccer activities, training and instruction for boys and girls in the Town of Wappinger at a cost of $4,000 in accordance with the terms of the Contract. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to sign said Contract with the Wappinger United Soccer Club on behalf of the Town of Wappinger and to make the payment required under the Contract. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Ave ROBERT L. VALDATI, Councilman Voting A3ze VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting AVP MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York December 13, 2004 The Resolution is hereby duly declared adopted. 0C//, GLORIA J O CLERK CADocuments and Settings\GinaNAPPINGEMLocal Settings\Temporary Internet Files\0LK1A\SoccerK1.doc RIDER TO CONTRACT 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 WAPPINGER UNITED SOCCER CLUB A Not -For -Profit Corporation with its principal office located at 9 Robin Lane, Wappingers Falls, New York 12590, hereinafter referred to as the "SOCCER CLUB" TOWN and SOCCER CLUB hereby agree to make this Rider a part of the Contract between the parties with the same full force and effect as if was originally made and printed in this original Contract. It is further agreed between the parties as follows: 16. The SOCCER CLUB 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 SOCCER CLUB, including the loss or destruction of tangible personal property, except, however, the SOCCER CLUB 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. C:\Documents and Settings\Gina. WAPPINGER\Local Settings\Temporary Intemet Fi1es\0LK1A\RIDER - 20041.doc 17. Insurance. A. At all times during the Term, the SOCCER CLUB, at its own cost and expense, shall keep in full force and effect�_(i) a comprehensive general liability insurance policy or policies of standard form in the State of New York, with combined single limit coverage of not less than Three Million ($3,000,000.00) Dollars, (ii) a professional liability insurance policy or policies of standard form in the State of New York, covering itself and each professional it employs or contracts with for the provision of professional services, with limits of not less than One Million ($1,000,000.00) Dollars per occurrence and (iii) the vehicle liability policy required by the agreement shall be written with a minimum coverage of $1,000,000 per occurrence. In addition, there shall by an umbrella policy with combined single limit coverage of not less than $5,000,000. B. SOCCER CLUB shall have TOWN named as Certificate Holder under said insurance policies. C. SOCCER CLUB shall furnish the TOWN with satisfactory proof of all insurance coverages required pursuant to this paragraph on or before the effective date of this Agreement. 18. The SOCCER CLUB shall provide worker's compensation pursuant to General Municipal Law § 108. 19. Each and every provision required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract 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 Contract shall forthwith be physically amended to make such insertions or corrections. C:\Documents and Settings\Gina. WAPPINGER\Local Settings\Temporary Internet Files\OLKIA\RIDER - 20041.doc Comment: with an insurance company or insurance companies authorized to do business in the State of New York, a policy or policies of insurance for the following coverage and amounts: GENERAL LIABILITY* $500,000 per occurrence $1,000,000 General Aggregate MALPRACTICE LLABILITY* $500,00 per occurrence $1,000,000 General Aggregate CONTRACTUAL LIABILITY Included in the above shall be coverage for the SOCCER CLUB's liability under the indernnification provisions of this Agreement. AUTOMOBILE LIABILITY* To cover owned, hired and non -owned automobiles. $1,000,000 liability $150,000 personal injury protection EXCESS LIABILITY $2,000,000 above the foregoing limits. *All limits shown are combined single limits. In the above policies, the Town shall be named as an additional insured. The SOCCER CLUB will furnish Certificates of insurance for the foregoing coverages and amounts, with a directive to the insurance companies to give the Town ten (10) days prior written days notice if such policy or policies are to be cancelled. 20. Town Supervisor is authorized to execute this Contract pursuant to the Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on .2004. 21. 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 W appinger. IN WITNESSETH THEREOF, the parties have executed this Contract on this _ day of , 2004. TOWN OF WAPPINGER By: JOSEPH RUGGIERO Supervisor WAPPINGER UNITED SOCCER CLUB IM STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On , 2004, before me, the undersigned, personally appeared JOSEPH RUGGIERO 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 C:\Documents and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLKIA\RIDER - 20041.doc STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ). On , 2004, before me, the undersigned, personally appeared 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 CADocuments and Settings\GinaMAPPINGER\Local Settings\Temporary Internet Files\OLKIA\RIDER - 20041.doc CHAIRMAN RALPH HOLT MEMO TO FROM: TOWN OF WAPPINGER RECREATION COMMITTEE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-0720 JOSEPH RUGGIERO, SUPERVISOR RALPH J. HOLT, CHAIRMAN 2004 SOCCER CONTRACT November 9, 2004 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Attached is the 2004 contract for the Wappinger United Soccer Club and the signed voucher for their 2004 funds which has been signed by their treasurer Bob Hannon. Also attached is the copy of a letter that was received from Mr. Hannon on October 27th. We did not discuss what action he should take to acquire their 2003 funds. (;� al-�A f4yLtLV R.J.H. Mbr Enc.: Voucher Contract Letter TOWN OF WAPPINGER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER F- 7 CLAIMANT'S Wappinger United Soccer Club NAME AND c/o Bob Hannon, Treasurer ADDRESS 9 Robin Lane LWappingers Falls, N.Y. 12590 TERMS Purchase Order No. DO NOT WRITE IN THIS BOX Date Voucher Received QUANTITY DESCRIPTION OF MATERIALS OR SERVICES FUND - APPROPRIATION AMOUNT UNIT PRICE A-7145.4 Payment pursuant to contract with Town for year 2004 TOTAL 4,000 00 TOTAL ABSTRACT NO. VENDOR'S RERNO. DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT Payment pursuant to contract with Town for year 2004 TOTAL 1. d A:A%yo �� �O f aD certify that the above account in the amount of $ is true and correct; that the items, services, and disbursements charged were rendered to or for the municipality on the dates stated; that no part has been paid or sell tried: that taxes, from which the municipality is exempted, are not included; and that the amount claimedisactually due DATE SIGNATURE TITLE BELOW FOR MUNICIPAL DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER Contract for the 2004-2005 Soccer Season Agreement made this 2nd day of November, 2004 between The Town of Wappinger (hereinafter referred to as "Town"), a municipal subdivision having its offices at Wappinger Town Hall, Middlebush Road, Wappingers Falls, NY 12590 and Wappinger United Soccer Club (hereinafter referred to as "WUSC"), a not-for-profit corporation with its principal offices at 9 Robin Lane, Wappingers Falls, NY 12590. Whereas the Town wishes to contract with WUSC for providing serviceshereinafter defined, and whereas WUSC is \filling to provide said services in exchange for consideration hereinafter defined; therefore, it is agreed between the parties as follows: 11. WUSC shall provide for all youths within, but not limited to, the Town of Wappinger bem,een the ages of 4 and 19, the opportunity to participate in either intramural (instructional /recreational) or travel team (competitive and highly skilled) soccer activities in one of the following categories: Intramural: Under 5 Mixed Under 6 Mixed Under 7 Boys and Girls Under 8 Boys and Girls Under 10 Boys and Girls Under 12 Boys and Girls Under 14 Boys and Girls Under 16 Mixed Under 19 Mixed Travel (as warranted): Under 8 Mixed Under 9 Boys and Girls Under 10 Boys and Girls Under 11 Boys and Girls Under 12 Boys and Girls Under 13 Boys and Girls Under 14 Boys and Girls Under 15 Boys and Girls Under 16 Boys and Girls Under 19 Boys and Girls Assignment of such teams shall be made by WUSC which shall take into consideration the age of the participant, skill level, etc. 2. WUSC shall provide all coaches, instructors, and referee personnel necessary to provide both instruction and game experience for each youth player. WUSC shall also undertake all administrative acts necessary for the operation of such activities, teams, and club. 3. The Town shall provide adequate facilities in support of the soccer program herein set forth during those tithes described in various schedules of WUSC including soccer fields with goal posts and nets, corner flags, balls, restrooms, equipment storage facilities, all as they presently exist, as they may be provided and as they may be improved. This also includes the continuation of repairs, maintenance, grass mowing, and custodial services. 4. WUSC shall provide each intramural youth player with a complete soccer uniform consisting of soccer jersey, shorts, and socks, each jersey shall be numbered and bear the WUSC logo and team sponsor identification (if applicable). 5. The soccer program defined herein shall be provided beginning in the month of January and ending in the month of December as follows: (Fall season: September through November "Winter program: indoor d�yring the months ofD,gmber, January, February and March (based on availability of adequate indoorfacilitiesZ- RAVEL ON Spring season: April through June. :6. WUSC shall procure liability insurance coverage in the amount of five million dollars for players, coaches, administrators, managers and facilities. T WUSC shall procure medical insurance coverage to provide for medical expenses of participants in accordance with the policies and practices of the United States Youth Soccer Association (USYSA)/ United States Soccer Federation (USSF) / Eastern New York Youth Soccer Association (ENYYSA) which are the appropriate governing bodies for soccer in this country and state. 8. The terms of this agreement shall be from the date of execution of this agreement through the last day of December. 9. The Town shall pay WUSC the sum of $4000.00 in exchange for the p;ograms provided. 10. WUSC shall be solely responsible for any liabilities arising from its acts in the operation of the programs persuant to this agreement and shall indemnify and hold harmless The Town for any claims arising from the same. 11. This agreement may not be assigned. 12. WUSC shall not discriminate against any participant because of race, color, national origin, ancestry, religion, political beliefs, or place of residence. The program shall be open, but not limited, to all youths residing in the Town of Wappinger and who are between the ages of 4 and 19. 13. WUSC shall be solely responsible for obtaining additional financial support necessary to fulfill its obligations for the soccer program defined in this agreement. 14. Each party, by executing this agreement, represents that the authorization of the governing body has been obtained to permit such. 4 S. WUSC represents that it is authorized by its governing instruments to enter into this agreement. TOWN OF WAPPINGER By: Joseph Ruggiero, Supervisor WAPPINGER UNITED SOCCER CLUB Qamw_�- By: James Purdy, President SOCCER CLUB Ms. Peggy Rowe Town of Wappinger Recreation 20 Middlebush Road Wappingers Falls, NY 12590 Dear Ms. Rowe, Wappingers United Soccer Club P. O. Box 120 Wappingers Falls, NY 12590 October 27, 2004 Enclosed please find the completed contract information as requested from the Wappinger United Soccer Club. Our club policy prevents us from providing a list of children's names and addresses to anyone or any organization, but I can tell you that we have 1,102 children currently participating in our club's activities. Of these, 191 are playing in our more competitive travel program that runs year round. The rest are participating in our intramural league which has both fall and spring seasons. Our registrar has offered to meet with a representative from the Town if they would like to audit our enrollment to verify the demographics. Please feel free to contact me and I'll help to arrange the meeting if necessary. I look forward to hearing from you. Cc: P. Kennedy, J. Purdy u,,;t� I CA, 0 L Sinccerely inZ Bob Hannon Treasurer, WUSC Cou�4 a t O I 'aoi 1 oy JT WAAa-lg— (3. (�