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2018 Little League Contract SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION,, INC. THIS AGREEMENT made thet"INday ofd ' 018, 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 PO BOX 133, Wappingers Falls, New York 12590, hereinafter referred to as the "WAPPINGER LITTLE LEAGUE". WITNESSETH: WHEREAS, the TOWN and WAPPINGER LITTLE LEAGUE have maintained a long standing relationship in providing baseball and softball programs for the youth of the Town of Wappinger; and WHEREAS,WAPPINGER LITTLE LEAGUE has assisted the TOWN in maintaining the baseball fields and facilities, all of which are located within public recreation lands; and WHEREAS, the baseball fields are open to the general public for use as athletic fields, subject to approval by the Town Board and as administered by the Town of Wappinger Director of Recreation and the Town of Wappinger Recreation Committee; and WHEREAS, the parties desire to enter into this contract to provide the program and program instruction for the youth of the Town of Wappinger; and WHEREAS, the WAPPINGER LITTLE LEAGUE is willing to provide such services. JUN 2 5 2018 TOWN OF WAPP1N(':,ER TOWN 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: 1. Term. The Term of this Agreement shall be one year commencing January 1, 2018. 2. Services Provided. 2.1. The WAPPINGER LITTLE LEAGUE shall provide qualified and responsible management and supervision of the program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 4 and 20. 2.1.1. Prior to June 1, 2018, WAPPINGER LITTLE LEAGUE shall supply the Town Board with a written roster of all participants in the Spring Softball and baseball programs; such roster shall contain the names, addresses, and ages of each participant. Prior to September 15, 201.8,WAPPINGER LITTLE LEAGUE shall supply the Town Board with a roster of the participants in the Fall program; such roster shall contain the names, addresses, and ages of each participant. 2.1.2 The WAPPINGER LITTLE LEAGUE shall verify that all participants actually reside in the TOWN. 2.2. The program shall include: a. Challenger Leagues—Age Group—varied 4 to 20 years old; b. Tee Ball—Age Group - 4 to 6 years old; c. Minor League Baseball—Age Group—7 to 12 years old; d. Little League Baseball & Softball—Age Group -9 to 12 years old; e. Instructional Baseball & Softball—Age Group—6 to 8 years old; f. Junior/Senior League Baseball & Softball—Age Group— 13 to 16 years old; g. Big League Baseball—Age Group— 16 to 18 years old; - 2 - 2.3. Only the Leagues described above are permitted to use Town fields. Such softball and baseball programs shall comport with the rules and regulations of the International Little League. "Travel Teams" are not authorized to use Town fields pursuant to this Agreement. Travel Teams must apply separately to use the fields and pay for the use of the fields and maintenance of facilities pursuant to the Town's "Field Use Permit". 2.4. Assignment of participating youths to specific teams shall be made by the WAPPINGER LITTLE LEAGUE, at its sole discretion, which assignment shall take into consideration the age of the youth and the youth's individual skill level. 2.5. The WAPPINGER LITTLE LEAGUE shall provide all coaches,instructors, and umpiring personnel necessary to provide management, supervision, instruction and safety in the above-referenced leagues, as well as provide the TOWN's youth with a team experience in a formal organized program. It shall be the responsibility of the WAPPINGER LITTLE LEAGUE to perform background checks of all coaches and instructors to provide the appropriate security. WAPPINGER LITTLE LEAGUE shall request proof of background checks conducted by the association of umpires used by the league. 2.6 The WAPPINGER LITTLE LEAGUE shall provide such administrative personnel as necessary to manage a smooth and efficient operation of the program and the above- mentioned Leagues, together with necessary coordination of such program-,-and use of TOWN fields in consultation with the Town of Wappinger Recreation Director and the Chairman of the Town of Wappinger Recreation Committee. 3. Revocable License to Use Town_Sports Field Facilities. 3.1. The TOWN shall provide sports field facilities for the program. - 3 - 3.2 The TOWN grants a revocable permit to WAPPINGER LITTLE LEAGUE to use the Robinson Lane Recreation Facility, the Martz Recreation Field and such other fields as authorized by the Town of Wappinger Board, in consultation with the Town of Wappinger Recreation. Director, Recreation Committee (hereinafter "Committee") and the Chairman of the Committee, in accordance with the Field Use Procedure as adopted by the Town Board. 3.3. No later than April 15,2018, the WAPPINGER LITTLE LEAGUE shall submit a proposed use of the baseball fields necessary to provide the Spring program.No later than August 15,2018, the WAPPINGER LITTLE LEAGUE shall submit a proposed use of the baseball fields necessary to provide the Fall program. "Travel teams" are not included. The schedule of needed baseballfields shall be submitted to the Director of Recreation, who shall review and approve the schedule of use of the fields, or make any necessary modifications thereto. Any changes to the scheduled use of the fields must be approved by the Director of Recreation. 3.4. To the extent practicable, the TOWN shall give WAPPINGER LITTLE LEAGUE a priority in scheduling the use of the fields. The Wappinger Recreation Director and/or the Chairman of the Recreation Committee may consult with the Supervisor of Buildings and Grounds of the Town of Wappinger in approving the use of the fields or other facilities authorized herein. The Parties acknowledge that the following individuals have been duly appointed to the following positions for the purpose of implementing this agreement and the Terms and conditions hereunder: Wappinger Recreation Director—Jessica Fulton Chairman of the Recreation Committee—Ralph Holt Supervisor of Buildings and Grounds— Steven Frazier President of Wappinger Little League - Peter McGowan - 4 - Safety Director of Wappinger Little League—Dave Twilley Director of Field Maintenance, Wappinger Little League—James Lamando Town Board Liaison To The Recreation Committee—Michael Kuzmicz Town of Wappinger Supervisor-Dr. Richard L. Thurston Each Party will promptly notify the other party if there is any change in the above identified persons. 3.5. The use of authorized baseball fields and related shall include backstops, fencing, dugouts, restrooms, and food stands all as they presently exist and as they may be maintained from time to time hereafter. 3.6. 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 Supervisor of Buildings and Grounds and as approved by the Town Board, except as hereinafter set forth. The WAPPINGER LITTLE LEAGUE shall promptly notify, in writing, the Supervisor of Buildings and Grounds of any dangerous conditions on any of the facilities licensed hereunder or any needed repairs to the baseball fields or other facilities.Weather and field conditions permitting,the TOWN will provide weekly mowing of the outfields and common areas on a day to be agreed upon by the Supervisor of Buildings &Grounds and WAPPINGER LITTLE LEAGUE President. The TOWN will also provide string trimming of the fences,buildings and bleachers on a bi-weekly basis. The TOWN will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. The TOWN will twice during the period of Monday through Friday throughout the play season clean and supply the restrooms, including the Challenger restroom on days agreed upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER - 5 - LITTLE LEAGUE. The TOWN will also provide an outside contractor to clean and supply the restrooms on weekends during the play season. 3.7. The Town Board, in consultation with the Supervisor of Buildings and Grounds and the Town Supervisor must approve all capital or major improvements requested to be undertaken by WAPPINGER LITTLE LEAGUE on any of the sports fields; the approval shall be in the form of a motion or resolution adopted by the Town Board at any regular or special Town Board Meeting. The request for improvements must identify the type of improvements, design plans, projected cost, and expenses. All such improvements shall be paid for by WAPPINGER LITTLE LEAGUE unless the TOWN expressly agrees otherwise. 3.8. Since Robinson Lane Recreation Facility is a locked-gate Town park, the Town's Supervisor of Buildings and Grounds, after consultation with the Town Supervisor, shall create a list of authorized key holders to open and close the park each day and shall so notify WAPPINGER LITTLE LEAGUE and the Town's Director of Recreation. (See also paragraph 5.4 regarding use of nightlights.) 3.9. The Recreation Director will notify WAPPINGER LITTLE LEAGUE in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WAPPINGER LITTLE LEAGUE. To the extent practicable, the TOWN shall not grant approval to outside users so as to insure there will be no conflicts with the approved schedule of uses for WAPPINGER LITTLE LEAGUE. Both Parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WAPPINGER LITTLE LEAGUE whenever possible or practical. 4. Use of Buildings and Grounds. - 6 - 4.1. During the time that WAPPINGER LITTLE LEAGUE is using the baseball fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable permit to WAPPINGER LITTLE LEAGUE to use existing buildings at the Robinson Lane Recreation Facility for the sole purposes of storage of equipment and the operation of a food and drink concession. No other use of the buildings or the grounds shall be permitted without the expressed consent of the Supervisor of Buildings and Grounds, after consultation with the Town Supervisor. 4.2, The WAPPINGER LITTLE LEAGUE will be responsible for the maintenance and cleanliness of the concession stand and all equipment in connection therewith, and further affirmatively agrees to operate the concession stand and equipment in accordance with the rules of the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 4.3. Any violations of any rule, law, regulation, ordinance or statute by WAPPINGER LITTLE LEAGUE in the operation of the concession stand will be the sole responsibility of WAPPINGER LITTLE LEAGUE and WAPPINGER LITTLE LEAGUE agrees to indemnify and hold harmless the TOWN for any such violations. WAPPINGER LITTLE LEAGUE will repair/correct any violation within 30 days or by the date mandated by the Dutchess County Health Department and any other regulatory agency having jurisdiction over the facility. 5. TOWN Responsibilities. 5.1. The TOWN shall keep the well on the property in working order to provide a potable water supply at Robinson Lane Recreation Facility. The TOWN will pay the cost of the mandatory and routine testing of this public water source performed by CAMO Pollution. The TOWN shall weather and field conditions permitting,provide weekly mowing of the outfields and - 7 - common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WAPPINGER LITTLE LEAGUE President. The TOWN will also provide string trimming of the fences, buildings and bleachers on a bi-weekly basis. The Town will attend to clean up of storm debris including fallen trees or branches as soon as possible following the storm. The TOWN will twice during the period of Monday through Friday throughout the play season clean and supply the restrooms, including the Challenger restroom on days agreed upon by the Supervisor of Buildings & Grounds and President of the WAPPINGER LITTLE LEAGUE. The TOWN will also provide an outside contractor to clean and supply the restrooms on weekends during the play season. 5.2. The parties acknowledge that lights for night games have been installed at the following fields at the Robinson Lane Recreation Facility: Holt Memorial Field Senior League Field 1 Melissa Bisaccia Memorial Field. 5.3 WAPPINGER LITTLE LEAGUE shall only be authorized to utilize the night lights three (3) nights per week, Monday through Friday only, at each of the fields, and at such other times as approved in writing by the Town Supervisor, after consultation with the Supervisor of Buildings and Grounds. These three weekly uses are for WAPPINGER LITTLE LEAGUE and can not be transferred or assigned to other organizations. Under no circumstances shall lights be permitted to operate beyond 11:00 p.m. 5.4. The TOWN shall maintain the night lights and keep them in proper working order and inspected as needed to ensure that the lights are in compliance with International Little League Guidelines for night games. - 8 - 5.5. WAPPINGER LITTLE LEAGUE, shall designate in writing a person or persons whose responsibility it is to turn the night lights off each night WAPPINGER LITTLE LEAGUE uses the lights. 5.6. The TOWN shall pay for all utility charges for all of the sports fields and facilities. The TOWN shall supply porta jobns, garbage removal and make sure bathrooms are in proper working order(except for routine maintenance). 5.6.1. The TOWN shall be responsible for cleaning of the bathrooms at the Robinson Lane Recreation Facility as follows: 5.6.1.1. The TOWN shall provide for cleaning the bathroom facility based on the WAPPINGER LITTLE LEAGUE schedule, as determined by the Supervisor of Buildings and Grounds; such cleaning shall include sweeping the floor, picking up any debris to be found, wiping down and sanitizing by spraying sinks, toilets and partition walls, mopping the floor with sanitizing solution, checking and resupplying toilet paper, paper towels and hand soap as needed, and emptying the garbage. 5.6.1.2. The Supervisor of Buildings and Grounds shall he notified in the event emergency repairs are required and needed for any of the facilities licensed herein. The Supervisor of Buildings and Grounds will provide an emergency phone number at which he or another designated individual can be reached in the event emergency repairs are required. 5.7. The TOWN shall mow and maintain common areas outside of the fields, and shall mow and maintain outfield grass on each of the fields. 5.8. The TOWN shall maintain and keep in structurally and/or mechanically good order the dugouts, backstops, fences, signs,plumbing and electrical services to the parks. - 9 - 5.9. Upon request by WAPPINGER LITTLE LEAGUE, the TOWN, through the Department of Buildings and Grounds, shall trim or remove any trees or ornamental shrubbery that interferes with game playing on any of the fields. 5.10. The TOWN will supply twenty-four (24) tons of clay and one (1) pallet of lime marking chalk for the ball fields at the beginning of the season when field conditions permit. 5.11. The TOWN hereby grants WAPPINGER LITTLE LEAGUE a permit to use, in common with TOWN employees, the lawn mower owned by the TOWN and located at Robinson Lane Recreation Facility for the preparation and maintenance of infield grass on each of the ball fields. 6. WAPPINGER LITTLE LEAGUE Responsibilities, 6.1. WAPPINGER LITTLE LEAGUE shall pay for the cost of a telephone line at the Robinson Lane'Recreation Facility. 6.2. WAPPINGER LITTLE LEAGUE shall be responsible for routine weekly cleaning of the dugouts, and for maintaining all infields on each of the ball fields, including turf maintenance, mowing, seeding, aeration, installation/raking and rolling of clay, application of fertilizer and application of drying agent for clay; WAPPINGER LITTLE LEAGUE shall be responsible for spreading the clay and appropriately marking the ball fields with lines. 6.3. WAPPINGER LITTLE LEAGUE will be responsible for properly measuring all base line distances; pitcher mound distances and any other measurements pursuant to the guidelines and regulations set forth by the International Little League 6.4. WAPPINGER LITTLE LEAGUE shall be responsible for procuring any additional clay over the twenty-four(24) tons to be supplied by the TOWN. - 10 - 6.5. WAPPINGER LITTLE LEAGUE will supply all other needed equipment, including tractors, mowers, chalk liners, etc., necessary to maintain the sports fields in suitable condition, for play, in accordance with International Little League Rules; WAPPINGER LITTLE LEAGUE shall also supply fuel and other maintenance items for all lawn mowers used by it. 6.6. WAPPINGER LITTLE LEAGUE will pay for all improvements it deems necessary outside of the TOWN responsibilities as previously defined, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. 7. Equipment. The WAPPINGER LITTLE LEAGUE shall provide all sporting equipment necessary for the implementation of Program to be provided herein, including,but not limited to,bases,balls, insurance,uniforms,league fees,players' equipment,pitching mound, etc., and such other equipment to maintain the fields as required by the International Little League Rules. 8. Availability. The baseball/softball sports program herein provided shall be made available to all youth of the TOWN, inclusive of the Village of Wappingers Falls. The Program shall be provided starting in the month of March 2018 through the completion of the summer/fall program in November 2018, as approved by the Recreation Department. 9. Medical Insurance Coverage. 9.1 The WAPPINGER LITTLE LEAGUE shall provide all medical/injury insurance equal to or greater than the standard International Little League insurance coverage covering the medical expenses for any of the participants in the baseball/softball program. 10. Liability Insurance. 10.1. The WAPPINGER LITTLE LEAGUE shall indemnify and hold harmless the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of - 11 - or in connection with the occupancy or use of the Town of Wappinger Recreation Fields; including all expenses incurred by the TOWN in the defense, settlement or satisfaction thereof including expenses of legal counsel. 10.2. In addition, the WAPPi.NGER LITTLE LEAGUE agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WAPPINGER LITTLE LEAGUE as a named insured written with an 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. Financial Disclosure. The WAPPINGER LITTLE LEAGUE will furnish to the Town Board a profit and loss statement for the WAPPINGER LITTLE LEAGUE and show - 12 - distribution of funds from any non-profit tournaments run by WAPPINGER LITTLE LEAGUE at Robinson Lane Recreation Facility no later than January 31`t of each year hereafter. 14. Fee for Administration of Program. 14.1. Subsequent to the signature of this Agreement, the TOWN shall make a one-time payment to WAPPINGER LITTLE LEAGUE of Six Thousand Dollars ($6,000.00) for the administration and oversight of the 2018 programs to be provided pursuant to this Agreement and as agreed upon in the 2018 TOWN budget. 14.2. WAPPINGER LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the Programs. 14.3. The TOWN will authorize the use of the Robinson Lane Recreation Facility by the WAPPINGER LITTLE LEAGUE for one additional tournament in the year 2018. All proceeds from the tournament will be paid to WAPPINGER LITTLE LEAGUE and will be used. to financially subsidize the baseball program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Robinson Lane Recreation Facility for this tournament, except, however, in the event the night lights are used, the TOWN shall be paid $250.00 per field for the use of such lights. 15. Non-Discrimination. The WAPPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion. WAPPINGER LITTLE LEAGUE will commit to being a safe and civil environment for all players coaches, staff, volunteers, umpires, and patrons, free from harassment, intimidation, or bullying. The program 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 20. - 13 - 16. 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. 17, Non-Assignment. This Agreement may not be delegated,assigned,or transferred. 18. Authorization. Each Party, 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 30"' day of May, 2018. 19. Duplicate Originals. This instrument shall be executed in four (4) counterparts with at least one duplicate original peni-iariently filed in the Office of the Town Clerk of the Town of Wappinger. IN WITNESSETH THEREOF, the parties have set their hands and seal this� �Ilday of June, 2018. B 7W F -PPINGER y. .... DR. RICHXRD L. THURSTON, Supervisor TOWN OF WAPPINGER LITTL LEAGUF� 0q, T INC I �V�5 By: PETER MC 'WAN, President - 14 - STATE OF NEW YORK } ss: COUNTY OF DUTCHESS ) �H On the 7 day ofS+��,�, 2018,before me, the undersigned, personally appeared DR. RICHARD L. THURSTON 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MjMA"M6VACM OMOW Vak STATE OF NEW YORK } } ss: COUNTY OF DUTCHESS ) On the ? day ofx!L-f,2018, before me, the undersigned, personally appeared PETER MCGOWAN 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 dV Nerr aowiWia Oak*CM k' Nw„ot� rw g . - 15 -