2008-096Resolution 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 March
10th, 2008.
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 (arrived at 9:14 PM)
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Paoloni.
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
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 ($10,000.00) between the Town of Wappinger and Town of Wappinger Little
League Association which will provide softball and baseball activities for the boys and girls of
the Town of Wappinger for the 2008 baseball season.
3. Supervisor Christopher Colsey is hereby authorized and directed to sign on behalf
of the Town the Agreement between the Town of Wappinger and Town of Wappinger Little
League Association in substantially the same form as attached hereto, including the attached
Rider to Agreement, copies of which are affixed hereto.
14
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting:
WILLIAM H. BEALE, COUNCILMAN
Voting:
VINCENT F. BETTINA, COUNCILMAN
Voting:
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
Dated: Wappingers Falls, New York
3/10/2008
AYE
AYE
AYE
AYE
AYE
The Resolution is hereby duly declared adopted.
C. MA TERSON, TOWN CLERK
Town of Wappinger
20 MIDDLEBUSH ROAD
WAPPINGER.FALL$,-NY 92590
PURCHASE ORDER & VOUCHER
Department:
Wappinger Little League
CLAIMANT'S
NAMEAND
ADDRESS
Purchase
Order No.
DO NOT WRITE IN THIS BOX
Date Voucher Received
FUND - APPROPRIATION
AMOUNT
A-7145.403
$10,00000
TOTAL
1 $10,000100
ABSTRACT NO.
Due On Receipt RE VENDORS
TERMS
DATES I I INV# Quantity DESCRIPTION OF MATERIALS OR SERVICES
2/29/08 11 1.00 Contract
I 1U certify that the above account in the amount of $ 'UUU.UU
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 satisfied; that taxes, from which the
municipality is exempted, are not included: and that the amount claimed is act due
— J, Aaw—
DATE SIGN RE TITLE
(SPACE BELOW FOR MUNICIPAL USE)
DEPARTMENT APPROVAL APPROVAL FOR PAYMENT
The above services or mater' Is were rendered or This claim is approved paid from the appropriations indicated above
furnished to the municipalit o the dates stateftnd the
charges are correct
CSATE AUTHORIZED OFFICIAL DATE COMPTROLLER
(! ;:i
Town of Wappinger
20 MIDDLEBUSH ROAD
Ire -WAPPINGER FALLS, NY -12590
PURCHASE ORDER'& VOUCHER
Department:
Wappinger Little League
CLAIMANT'S
NAMEAND
ADDRESS
Purchase
Order No.
DO NOT WRITE IN THIS BOX
Date Voucher Received
FUND - APPROPRIATION
AMOUNT
A-7145.403
$10,00000
TOTAL
$10,000 00
ABSTRACT NO.
Due on Receipt RE VENDOR'S
TERMS
DATES INV# Quantity DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT
2/29/08 1.00 Contract $10,00000 $10,00000
• . .mayy �:.
1
TOTAL $10,000.00
I,
cerfify that the above account in the amount of $ 10,000.00
is true and correct; that the items, services, and disbursements charged were rendered to or for the municipality on the dales staled; that no part has been paid or satisfied; that taxes, from which the
municipality Is exempted, are not included: and that the amount claimed is actually due
DATE SIGNATURE
I ? .(SPACE BELOW FOR MUNICIPAL USE)
TITLE
DEPARTMENT APPROVAL APPROVAL FOR PAYMENT
The above services or materials were rendered or This claim is approved paid from the appropriations indicated above
furnished to the municipality on the dates stated and the
charges are correct
DATE AUTHORIZED OFFICIAL I I DATE
COMPTROLLER
AGREEMENT BETWEEICITOWNOF WAPPINGER AND TOWN OF WAPPINGER LITTLE
LEAGUE ASSOC.
AGREEMENT made this day of 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 9 Rowell Lane Wappingers Falls NY 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:
T -Ball Instructional
Little League Minor League
Senior League Challanger
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 ZoaJ 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 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.
6. The Little League shall maintain the standard Little League insurance coverage
to provide for medical expews of participants.
7. The terms ,of this agreement shall be from the date of execution of this
agreement through the completion of the ?,008 Little League season.
8. The town shall pay to the Little League the sum of $ 10,00° 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
M
Christopher Colsey , 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 ,Christopher Colsey
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
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"
Mn
THE TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC.
A Not -For -Profit Corporation
with its principal office located at 9 Rowell Lane,
Wappingers Falls, New York 12590,
hereinafter referred to as the "LITTLE LEAGUE"
TOWN and LITTLE LEAGUE hereby agree to make this 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 responsible or assume any liability for
any 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 Lav §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
forthwith 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
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 executed this Agreement on
this — day of
TOWN OF WAPPINGER
By:
Christopher Colsey
Supervisor
TOWN OF WAPPINGER LITTLE
LEAGUE ASSOCIATION, INC.
By: lAe
,HA RMAN
kLPH HOLT
TOWN OF WAPPINGER
W AAP
RECREATION DEPARTMENT
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-0720
February 29, 2008
MEMO TO:. SUPERVISOR CHRISTOPHER COLSEY
TOWN BOARD
SUPERVISOR
CHRISTOPHER J. COLSEY
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
FROM: RALPH J. HOLT, CHAIRMAN RECREATION
RE: LITTLE LEAGUE CONTRACT FOR 2008
Attached is the agreement,and rider between the Town of Wappinger Little League and
the Town of Wappinger for 2008 which have been signed by President Carol Farrell.
They now have to be approved by the Town Board so we can process their check. We
will send a voucher to them to be signed and will forward it to you when we receive
approval.
.&�akAoz
Ralph.
RJH: eam
Enc: Contract & Rider
Voucher