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2010-1502010-150 Resolution Ratifying 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 April 12, 2010. 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 Ismay Czarniecki Joseph P. Paoloni Vincent F. Bettina 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"; and WHEREAS, the Service Agreement between the Town of Wappinger and the Town of Wappinger Little League Association, Inc. has been amended from the contract of previous years after negotiation conducted by the Town of Wappinger Recreation Supervisor and representatives of the Town of Wappinger Little League Association, Inc.; and WHEREAS, the revised agreement more correctly reflects the duties, rights and obligations of the Town and Town of Wappinger Little League Association, Inc. with respect to the use of the Town's facilities and the services to be provided to the Town by the Town of Wappinger Little League Association, Inc.; and WHEREAS, Supervisor Christopher J. Colsey executed the Service Agreement subject to approval and ratification by the Town Board. 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 confirms its intention to enter into a written Service Agreement with the Town of Wappinger Little League Association, Inc. to provide services and coordination of softball and baseball activities for the boys and girls of the Town of Wappinger for the 2010 baseball season. 3. The Town Board hereby ratifies the action of Supervisor Christopher J. Colsey in executing the revised agreement between the Town of Wappinger and the Town of Wappinger Little League Association, Inc., in the form attached hereto and made part hereof. 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: ABSENT ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 4/12/2010 The Resolution is hereby duly declared adopted. J HN C. MASTERSON, TOWN CLERK SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER LITTLE LEAGUE ASSOCIATION, INC. THIS AGREEMENT made the Ai dayof March, 2010, 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 4 Split Tree Drive; 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 ana 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, 2010. -1- WWappingeATown BoardUttle League\2010 Revised Agreement - Final.doc 3/29/201012:35:27 PM 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:rof participatjug 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 Snorts 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--, 0:\WappingeATown BoardU.ittle League\2010 Revised Agreement - Final.doc 329/201012:35:27 PM 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 afthe R6bins9n.`Lane Recreation Facility for the purpose of storage of equipment and the operation of a f6od 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 basdball/.softball sports program to be provided herein. . y -3- 0:1WappingeATown BoardUttle League\2010 Revised Agreement - Final.doc 3119/201012:35:27 PM 7. 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 sports program shall be provided starting in the month of March 2010 through the completion of the summer/fall program in November 2010, as approved by the Recreation Committee. 8. Medical Insurance Coverage. The WAPPINGER LITTLE LEAGUE shall maintain standard Little League insurance coverage covering the medical expenses for any of the participants in.the baseball/softball-p* rogram.. 9. Fee. 9.1. The TOWN shall pay WAPPINGER LITTLE LEAGUE the sum of Ten Thousand Dollars ($10,000.00) for the administration and oversight of the baseball/softball programs to be provided pursuant to this Agreement. 9.2. The LITTLE LEAGUE shall be solely responsible for providing all additional financial support necessary to provide the baseball/softball programs to be provided hereunder. 10. ' Liability Insurance. 10.1. The WAPPT�ii LITT.Lt"L'EAGUE shall indemnify and hold harmless the TOWN against all claims ori account of injury, loss or damage arising or alleged to arise out of or in connection with the occupancy 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 WAPPINGER 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 -4- o:\Wappingeffown Board\Little Leagu62010 Revised Agreement - Final.doc 3/29/201012:35:27 PM 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 armless 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 h 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 cof ectly 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 WppPINGER LITTLE LEAGUE will not discriminate because of race, color, national origin, ancestry, or religion; the program -5- O:\Wappinger\Town Board\Little League\2010 Revised Agreement - Final.doc 3/29/201012:35:27 PM 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 parry, 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 Wapprnger'ata regular meeting thereof held on the day of , 2010. 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 this day of March, 2010. TO F WAPP7COLS ER By. STOPHER , Supervisor TOWN:PF WA,pPINGER LITTLE LEAGUE ASSOCIATIOON, INC. i By. President ob�w� t,vi�S -6- o:\Wappinger\Town Board\Little League\2010 Revised Agreement - Final.doc 329201012:35:27 PM STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On the ,2q d of March, 2010, before me, the undersigned, personally appeared CHRISTOPHER I 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. 'Notary Public ALBERT P. ROBERTS Notary Public State of New York No.02RO3301620 OunMed in Dutchess mnCounty�� C dseion FaWuwy28, W-0 STATE OF NEW YORK ss: COUNTY OF DUTCHESS ) On the ,'Z ? � of March, 2010;,before me, the undersigned, personally appeared knoyvn to me or proved to me on the basis. of satisfactory evidence to be the anddual 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 P�blic ALBERT P. ROBEM Notary public State of New Yolk No. 02R03301620 Qualified in D� Feed � 2O L/ Commission Exp �j 0:\Wappinger\Town Boardllittle League\2010 Revised Agreement`>Final.doc 3/29/201012:36:41 PM