HomeMy Public PortalAbout2018.07.12 McCall Youth Football Club Memorandum of Understanding Memorandum of Understanding
This Memorandum of Understanding (the "Memorandum") is made on July 12, 2018, 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;
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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 negotiation 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 July 12,
2018 until December 31, 2018. 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.
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July 12,2018
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 Yo h Football Club City of McCall
i
/ -
:oar. e Lf.er 41PV Jirie J. Aym., , Mar.r
Attest:
BessieJo Wa: e City Cl:
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July 12,2018