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2026-482026-48 Resolution Authorizing Agreement 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 January 26, 2026. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2026-48 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter 2 ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, the Town of Wappinger has maintained a long-standing relationship with the Wappinger United Soccer Club ("WUSC") and recognizes its role in providing organized soccer programs and instruction for youth residing within the Town of Wappinger and the Village of Wappingers Falls; and WHEREAS, WUSC has historically assisted the Town in the use, care, and maintenance of Town -owned soccer fields located within public recreation lands, while acknowledging that such fields remain open to the general public subject to Town approval and administration by the Town of Wappinger Director of Recreation; and WHEREAS, the Town Board desires to formalize this relationship through a written Service Agreement setting forth the respective duties, responsibilities, insurance requirements, indemnification provisions, and field use permissions for the provision of youth soccer programming; and WHEREAS, the proposed Service Agreement establishes a term commencing January 1, 2026 and ending December 31, 2026, and provides for the administration, oversight, and delivery of youth soccer programs for participants between the ages of 3 and 18; and WHEREAS, the Town Board has reviewed the proposed Service Agreement between the Town of Wappinger and the Wappinger United Soccer Club and finds that the Agreement is in the best interests of the Town and its residents; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts and approves the Service Agreement between the Town of Wappinger and the Wappinger United Soccer Club for the period January 1, 2026 through December 31, 2026, in substantially the form presented to the Town Board; and BE IT FURTHER RESOLVED, that Town Supervisor Joseph D. Cavaccini, or in his absence the duly designated Deputy Supervisor, is hereby authorized and directed to execute the above described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney; and BE IT FURTHER RESOLVED, that a copy of the fully executed Service Agreement shall be filed in the Office of the Town Clerk of the Town of Wappinger; and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. The foregoing was put to a vote which resulted as follows RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Dated: Wappingers Falls, New York 1/26/2026 The Resolution is hereby duly declared Adopted. JOSEPH P. PAOLONI, TOWN CLERK SERVICE AGREEMENT BETWEEN TOWN OF WAPPINGER AND TOWN OF WAPPINGER UNITED SOCCER CLUB THIS AGREEMENT made the day of 2026, 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 WAPPINGER UNITED SOCCER CLUB A Not -For -Profit Corporation, with its principal offices at PO Box 120, Wappingers Falls, New York 12590, hereinafter referred to as the "WUSC". WITNESSETH: WHEREAS, the TOWN has maintained a long-standing relationship with the WUSC and acknowledges the partnership the TOWN has had with WUSC in providing a soccer program for the youth of the Town of Wappinger and the surrounding community; and WHEREAS, the WUSC has provided assistance in maintaining the TOWN'S soccer fields, all of which are located within public recreation lands, and, except as authorized by this Agreement, WUSC acknowledges that the 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 WHEREAS, the parties desire to enter into this contract to provide a soccer program and soccer instruction for the youth of the Town of Wappinger; and WHEREAS, the WUSC is willing to provide such services upon the terms and conditions hereinafter set forth. -1- NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the TOWN and the WUSC hereby agree as follows: 2026. 1. Term. The term of this Agreement shall be January 1, 2026 through December 31, 2. Services Provided. 2.1. The WUSC shall provide qualified and responsible management and supervision of a soccer program for all youth residing within the Town of Wappinger and the Village of Wappingers Falls between the ages of 3 and 18. 2.1.1. Thirty (30) days prior to the start of each season, WUSC shall supply the Town Board with a roster of the participants in the soccer program; such roster shall contain the names, addresses, including township of the residence of each participant. 2.2. The soccer program shall include soccer activities in one of the following Leagues: a) Youth Development Academy (U4 -U8) b) Intramural/Recreational (U9 -U19) c) Travel Program 2.3. Only the Leagues described above are permitted to use Town fields pursuant to this Agreement. "Travel Teams" not under the management of WUSC are not authorized to use Town fields pursuant to this Agreement and must apply for permits to use the fields. -2- 2.4. The assignment of participating youths shall be made by the WUSC, 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 WUSC. 2.5. The WUSC shall provide all supervision, coaches, instructors, and referee personnel necessary to provide management, supervision, instruction, and safety in the above - referenced leagues, as well as provide the youth a team experience in a formal organized program. It shall be the responsibility of the WUSC to perform background checks of all coaches and instructors to provide the appropriate security. WUSC shall request proof of background checks conducted by the association of referees used by the league. 2.6 The WUSC shall provide such administrative personnel as necessary to provide for the smooth and efficient operation of the above-mentioned Leagues, together with necessary coordination of such programs and use of TOWN fields as approved by the Town of Wappinger Recreation Director. 3. Revocable License to Use Town Sports Field Facilities. 3.1. The TOWN hereby grants a revocable license to WUSC to use the Airport Park Soccer Complex, the Rockingham Park Soccer Complex, Castle Point Park, the Tyler Adams Soccer Pitch at Martz Field, and such other fields as authorized by the Town of Wappinger Town Board, in consultation with the Town of Wappinger Recreation Director, in accordance with the Field Use Procedure as adopted by the Town Board. 3.2. Thirty (30) days prior to the start of each season, WUSC shall submit a proposed use of the soccer fields necessary to provide the soccer program for the League specified in 2.2 above. The schedule of needed soccer fields shall be submitted to the Recreation Director who shall review and approve the schedule of use of the fields or make any necessary modifications -3- thereto. Any changes to the scheduled use of the fields must be approved by the Recreation Director. 3.3. To the extent practicable, the TOWN shall give WUSC a priority in scheduling the use of the soccer fields. The Wappinger Recreation Director 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 Recreation Director will notify WUSC in the event there is any request to use any of the park facilities that may conflict with the approved schedule of uses by WUSC. To the extent practicable, the TOWN shall not grant approval to outside users to insure there will be no conflicts with the approved schedule of uses for WUSC. Both parties agree to cooperate to maximize use of the facilities with other users, with a preference given to WUSC whenever possible or practical. 3.4. The TOWN authorizes WUSC to use portable lighting on the fields until 8:00 p.m. The TOWN shall not be responsible for supplying or maintaining portable lighting for use by WUSC. 3.5. 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 WUSC 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 soccer fields or other facilities. Weather and field conditions permitting, the TOWN will provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and WUSC 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. 3.6. The Town Board, in consultation with the Supervisor of Buildings and Grounds, must approve all capital or major improvements requested to be undertaken by WUSC 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 and any design plans, projected cost, and expenses. All such improvements shall be paid for by WUSC unless the TOWN expressly agrees otherwise. 3.7. Since Airport Park Soccer Complex, the Rockingham Park Soccer Complex, Castle Point Park, and the Tyler Adams Soccer Pitch at Martz Field are locked -gate Town parks, 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 WUSC and the Town's Director of Recreation. 3.8 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: Town of Wappinger Supervisor — Joseph D. Cavaccini Fourth Ward Councilman — Al Casella Wappinger Recreation Director — Jessica Fulton Supervisor of Buildings and Grounds — Sal Messale President of WUSC Meghann Hardesty Each Party will promptly notify the other party if there is any change in the above identified persons. -5- 4. Use of Buildings and Grounds. 4.1. During the time that WUSC is using the fields in accordance with the approved schedule of use, the TOWN hereby grants a revocable permit to WUSC to use existing buildings at the Airport Park Soccer Complex for the 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 WUSC 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 WUSC in the operation of the concession stand will be the sole responsibility of WUSC and WUSC agrees to indemnify and hold harmless the TOWN for any such violations. WUSC 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 supply general and routine maintenance to the parks' buildings, structures, and grounds, except for those items specifically designated as WUSC responsibilities in paragraph 6 following. 5.2. The TOWN shall supply porta johns and garbage removal. 5.3. The Supervisor of Buildings and Grounds shall be 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. 5.4. The TOWN shall mow and maintain the length of the grass on the soccer fields. The TOWN shall, weather and field conditions permitting, provide weekly mowing of the fields and common areas on a day to be agreed upon by the Supervisor of Buildings & Grounds and the WUSC 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. 5.5. The TOWN shall maintain and keep in structurally and/or mechanically good order the fences, signs, and electrical services to the parks. 5.6. Upon request by WUSC, 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. 5.7. The TOWN will reimburse WUSC for up to three thousand ($3,000) dollars worth of marking paint and chalk upon the submission of the receipts to the Town of Wappinger Comptroller. 6. WAPPINGER UNITED SOCCER CLUB'S Responsibilities. 6.1. WUSC will be responsible for measuring and marking all field lines, locating goals and any other field configurations pursuant to the guidelines and regulations for the game of soccer. 6.2. WUSC will pay for any improvements it deems necessary outside of the TOWN responsibilities, subject to Town Board approval, in consultation with the Supervisor of Buildings and Grounds. -7- 7. Equipment. The WUSC shall provide all sporting equipment necessary for the implementation of the soccer program or shall require the participants to provide their own equipment, including, but not limited to, balls, insurance, uniforms, league fees, players' equipment, goals, etc., and such other equipment to maintain the fields as required for the game of soccer. The Town shall not be responsible for providing any soccer equipment under this agreement. 8. Availability. The soccer 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 2026 through December 2026, as approved by the Recreation Department. 9. Medical Insurance Coverage. 9.1 The WUSC shall provide medical/injury insurance equal to or greater than the standard insurance coverage covering the medical expenses for any of the participants in the soccer program. 9.2 The WUSC shall notify the recreation director and the Town Supervisor in writing, via email or regular mail, within 2 business days of any injury that occurs. Injury includes injuries to players, staff, parents, spectators, visitors, invitees, and guests. The injury shall be reported by any form approved and required by Eastern New York Youth Soccer Association, East Hudson Youth Soccer League or other governing organization, or on a form approved by the Recreation Director. The Town shall be provided with a copy of any forms that the WUSC is required to file related to the injury to its governing organization, insurance carrier, or any other entity. 10. Liability Insurance. 10.1. The WUSC shall indemnify and hold harmless the TOWN from all claims on account of injury, loss or damage arising or alleged to arise out of 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 WUSC agrees to provide to the TOWN, a certificate of insurance, which indicates a current Commercial General Liability policy is in force with the WUSC 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 WUSC 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 WUSC, including the loss or destruction of tangible personal property, except, however, the WUSC 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 WUSC shall provide Worker's Compensation coverage as required by General Municipal Law § 108. 13. Financial Disclosure. The WUSC will furnish to the Town Board a profit and loss statement for the WUSC and show distribution of funds from any non-profit tournaments and camps run by WUSC on TOWN property no later than January 31st of each year hereafter. 14. Fee for Administration of Program. 14.1. The TOWN shall pay WUSC the sum of Five Thousand Dollars ($5,000.00) for the administration and oversight of the soccer program to be provided pursuant to this Agreement. 14.2. WUSC shall be solely responsible for providing all additional financial support necessary to provide the soccer programs to be provided hereunder. 14.3. The TOWN will authorize the use of the Airport Park Soccer Complex by the WUSC for one summer camp program. All proceeds from the camp will be paid to WUSC and will be used to financially subsidize the soccer program authorized by this Agreement. The TOWN shall not charge any fee for the use of the Airport Park Soccer Complex for this camp. 15. Non -Discrimination. The WUSC will not discriminate because of race, color, national origin, ancestry, or religion. WUSC will commit to being a safe and civil environment for all players, coaches, staff, volunteers, referees, 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 3 and 18. 16. Independent Contractor. The parties hereby agree that WUSC 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 assigned. 18. 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 -10- Agreement pursuant to a Resolution adopted by the Town Board of the Town of Wappinger at a regular meeting thereof held on the day of , 2026. 19. 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 2026. TOWN OF WAPPINGER JOSEPH D. CAVACCINI, Supervisor WAPPINGER UNITED SOCCER CLUB, INC. By: MEGHAN HARDESTY, President -11-