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Home My Public Portal About2021.06.24 Youth Football MOU 2021Page 1 of 3 MOU McCall Youth Football Club June 24, 2021 Memorandum of Understanding This Memorandum of Understanding (the “Memorandum”) is made on June 24, 2021 by and between the City of McCall and representatives of the McCall Youth Football Club for the purpose of achieving the various aims and objectives relating to the Recreational Full -Contact Football Program (the “Project”). WHEREAS City of McCall and McCall Youth Football Club desire to enter into an agreement in which City of McCall and McCall Youth Football Club will work together to complete the Project; and WHEREAS City of McCall and McCall Youth Football Club are desirous to enter into a Memorandum of Understanding between them, setting out the working arrangements that each of the partners agree are necessary to complete the Project; PURPOSE The purpose of this Memorandum is to provide the framework for any future binding contract regarding Recreational Full-Contact Football Program between the City of McCall and McCall Youth Football Club. OBLIGATIONS of the PARTNERS The Partners acknowledge that no contractual relationship is created between them by this Memorandum but agree to work together in the true spirt of partnership to ensure that there is a united visible and responsive leadership of the Project and to demonstrate financial, administrative and managerial commitment to the Project by means of the following individual services. COOPERATION The Activities and Services for the Project shall include, but not limited to: a. Services to be rendered by the City of McCall include: I. Project duties shall include, but not limited to collecting Project registration fees set by the McCall Youth Football Club; City of McCall Recreation Scholarship Funds will not be used in lieu for Project participation fee, nor will account credit; II. Advertising Project using youth database contacts owned by the City of McCall; III. Render payments collected, minus 10% for administrative and advertising costs to be kept by City of McCall, to the McCall Youth Football Club; IV. Storage of football gear will be housed with the City of McCall, Recreation Departments equipment. V. Communicating Project participant information with McCall Youth Football Club. b. Services to be rendered by the McCall Youth Football Club include: I. Paying applicable sales and local option taxes on Project fees collected; DocuSign Envelope ID: 15FB56AD-CE9F-4580-BA9E-A56654AF1B50 Page 2 of 3 MOU McCall Youth Football Club June 24, 2021 II. Responsible for purchasing and outfitting Project participants with proper safety equipment, jerseys and whatever else is required for safe participation during the Project; III. Provide the City of McCall with up to date information about Project dates, registration fees and storage needs for equipment; IV. Provide liability insurance for Project participants for the duration of the Project. COMMUNICATION STRATEGY Marketing of the vision and any media or other public relations contact should always be consistent with the aims of the Project and only undertaken with the express agreement of both parties. Where is does not breach any confidentiality protocols, a spirit of open and transparent communication should be adhered to. Coordinated communications should be made with external organization to elicit their support and further the aims of the Project. LIABILITY No liability will arise or be assumed between the Partners as a result of this Memorandum. DISPUTE RESOLUTION In the event of a dispute between the Partners in the negotiati on of the final binding contract relating to the Project, a dispute resolution group will convene consisting of the City of McCall Parks and Recreation Director and member of McCall Youth Football Club board member. The dispute resolution group may receive for consideration any information it thinks fit concerning the dispute. The Partners agree that a decision of the dispute resolution group will be final. In the event the dispute resolution group is unable to make a compromise and reach a final decision, it is understood that neither party is obligated to enter into any binding contract to complete the Project. TERM The arrangements made by the Partners by this Memorandum shall remain in place from June 24, 2021 until December 31, 2021. The term can be extended only by agreement of all the Partners. NOTICE Any notice or communication required or permitted under this Memorandum shall be sufficiently given if delivered in person or by mail, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other. GOVERNING LAW This Memorandum shall be contracted with the laws of the State of Idaho. ASSIGNMENT Neither party may assign or transfer the responsibilities or agreement made herein without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. DocuSign Envelope ID: 15FB56AD-CE9F-4580-BA9E-A56654AF1B50 Page 3 of 3 MOU McCall Youth Football Club June 24, 2021 AMENDMENT This Memorandum may be amended or supplemented in writing, if the writing is signed by the party obligated under this Memorandum. SEVERABILITY If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, constructed and enforced as so limited. UNDERSTANDING It is mutually agreed upon and understood by and among the Partners of the Memorandum that: a. Each Partner will work together in a coordinated fashion for the fulfillment of the Project. b. In no way does this agreement restrict involved Partners from participating in similar agreements with other public or private agencies, organizations and individuals. c. To the extent possible, each Partner will participate in the development of the Project. d. This Memorandum will be effective upon the signature of both Partners. e. Any Partner may terminate its participation in this Memorandum by providing written notice to other Partner. SIGNATORIES This Agreement shall be signed on behalf of City of McCall and McCall Youth Football Club. This Agreement shall be effective as of the date first written above. McCall Youth Football Club City of McCall _____________________________ ___________________________ Board Member Robert Giles, Mayor Attest: ______________________________ BessieJo Wagner, City Clerk DocuSign Envelope ID: 15FB56AD-CE9F-4580-BA9E-A56654AF1B50 July 1, 2021 | 12:08 AM EDT July 1, 2021 | 1:54 PM MDT July 1, 2021 | 1:55 PM MDT