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2011-0752011-75 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 February 14, 2011. 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 Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. 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 Service 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 the Service Agreement between the Town of Wappinger Little League Association, Inc., and the Town of Wappinger 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 a "sole source". 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) with the Town of Wappinger Little League Association, Inc. which will provide softball and baseball activities for the boys and girls of the community for the 2011 baseball/softball season. 3. Supervisor Christopher J. Colsey is hereby authorized and directed to execute the Agreement between the Town of Wappinger and Town of Wappinger Little League Association, Inc., in substantially the same form as attached 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: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 2/14/2011 The Resolution is hereby duly declared adopted. T'-' C 9� JyffN C. MASTERSON, TOWN CLERK SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the & day of February, 2011, 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 15 Middle Bush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". WITNESSETH: WHEREAS, the TOWN wishes to contract with the WAPPINGER LITTLE LEAGUE to provide a baseball program and baseball instruction for the youth of the Town of Wappinger as hereinafter defined; and WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services upon the terms and conditions hereinafter set forth. 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: Recitations. The recitations above set forth are hereby incorporated into this Agreement as if fully set forth herein. 2. Term. The term of this Agreement shall be from the date of execution hereof through December 31, 2011. - 1 - \\tow01\Supervisor\Chris\2011 Little League Agreement.doc 3. Services Provided. 3.1. The WAPPINGER LITTLE LEAGUE shall provide a softball and baseball program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 5 and 18. 3.2. The baseball program shall include 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 3.3. Assignment of participating youths shall be made by the WAPPINGER LITTLE LEAGUE which shall make such assignment by taking into consideration the age of the youth and the youth's individual skill level as determined by the WAPPINGER LITTLE LEAGUE. 3.4. The WAPPINGER LITTLE LEAGUE shall provide all supervision, coaches, instructors, and umpiring personnel necessary to provide instruction in both baseball and softball as well as team experience in a formal organized baseball experience. The WAPPINGER LITTLE LEAGUE shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above mentioned Leagues. 4. License to Use Town Sports Field Facilities. 4.1. The TOWN shall provide adequate sports field facilities for the baseball/softball sports program herein set forth; specifically, the TOWN hereby grants a license to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Field, the Pye Lane Recreation Field and such other fields as authorized by the Town of Wappinger Recreation -2- \\tow01\Supervisor\Chris\2011 Little League Agreement.doe Committee (hereafter "Recreation Committee") upon consultation with the Town Board. The WAPPINGER LITTLE LEAGUE shall provide a schedule of its use of the aforementioned Recreation Fields which shall be approved by the Recreation Committee. The sports facilities provided by the TOWN shall include backstops, fencing, dugouts, restrooms, all as they presently exist and as they may be maintained from time to time hereafter. 4.2. 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 Recreation Committee, except as hereinafter set forth. The WAPPINGER LITTLE LEAGUE shall promptly notify the Recreation Committee of any dangerous conditions or any needed repairs on said sports fields. 5. Use of Buildings. 5.1. The TOWN shall also grant to the WAPPINGER LITTLE LEAGUE a license to use existing buildings at the Robinson Lane Recreation Facility for the purpose of storage of equipment and the operation of a food and drink concession. 5.2. The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession and further affirmatively agrees to operate the concession stand in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5.3. The TOWN shall pay the cost of electricity, water and telephone at any of the fields authorized for use by the Town Board. The TOWN shall also pay for chalk dust as needed to line the baseball diamonds. 6. Equipment. The LITTLE LEAGUE shall provide all sporting equipment necessary for the implementation of the baseball/softball sports program to be provided herein. -3- \\tow01\Supervisor\Chris\20l l Little League Agreement.doc 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. Mandatory Provision. 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 forthwith be physically amended to make such insertions or corrections. 14. Non -Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion; the program -5- \\tow01\Supervisor\Chris\2011 Little League Agreement.doc 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 18. 15. 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. 16. Non -Assignment. This Agreement may not be assigned. 17. Authorization. Each party, by execution of this Agreement, 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 14th day of February, 2011. 18. 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. IN WITNESSETH THEREOF, the parties have set their hands and seal thisC� day of February, 2011. TOOF WAPPING OF CHRISTOPHE COLSEnSuvrvisor TOWN OF WAPPINGER LITTLE LEAGU C TION, By: President M \\tow01\Supervisor\Chris\201 I Little League Agreement.doc Eli STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the A day of February, 2011, 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 behalf of which the individual acted, executed the instrument. i ALBERT F RO^Et'-CS NOTARY FUBt If , Sta1e of flew York flucii`r':ed ir' Britt eb' 2B o20tY Commis.,ion Exr STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) 2�y Ontt e of February, 2011, before me, the undersigned, personally appeared 111) < 19 '"o 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. -7- \\tow01\Supervisor\Chris\2011 Little League Agreement.doc MINE � MIA Un M PFRT P. ROSFRTS NOTARY PURLic. Sfpt or New York 0op!ifie0, in Dnfch�ss Cotin'iy Commission Ex,t1ires Feb. 28, 20