HomeMy Public PortalAbout2019.08.22 MOU Rotary Club Memorandum of Understanding
This Memorandum of Understanding (the "Memorandum") is made on August 22, 2019, by and
between the City of McCall and representatives of the McCall Rotary Club for the purpose of
achieving the various aims and objectives relating to the annual McCall Ball Event(the"Project").
WHEREAS City of McCall and McCall Rotary Club desire to enter into an agreement in which
City of McCall and McCall Rotary Club will work together to complete the Project; and
WHEREAS City of McCall and McCall Rotary 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 the annual McCall Ball event between the City of McCall and McCall Rotary Club.
McCall Ball is 3-person softball-type game played with a waffle ball and oversized bat. The event
is set up in a tournament-like setting with teams made-up of no more than 4 people. The event
will be held at Gold Glove park in mid-August.
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 Rotary 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 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 Rotary Club;
IV. Communicating Project participant information with McCall Rotary Club.
b. Services to be rendered by the McCall Rotary Club include:
I. Paying applicable sales and local option taxes on Project fees collected;
II. Responsible for purchasing and outfitting Project participants with proper safety
equipment, and whatever else is required for safe participation during the Project;
Page 1 of 3
MOU McCall Rotary Club
August 22,2019
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 Rotary 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 1,
2019 until December 31, 2019. 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.
Page 2 of 3
MOU McCall Rotary Club
August 22,2019
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 Rotary Club. This
Agreement shall be effective as of the date first written above.
McCall Rotary Club City of McCall
Board Member clue J. Aymon, .yor
Attest:
��I//I�.Lli��Ji(
Bessi o igner, Ci lerk
Page3of3
MOU McCall Rotary Club
C4l1U4 aa,aofa