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OYSA/Timbers Relationship History - 2013

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    OYSA/Timbers Relationship History - 2013

    2013
    January
    Chuck was asked to elaborate about the Timber’s breach of the ODP contract. Chuck said that he felt the program had been successful, but the Timbers have failed to make three payments required under the agreement and currently owed us in excess of $18,000. He stated that if the bills don’t get paid, we would need to sever the agreement and re-assume operational responsibility of ODP.
    [ED Report] Timbers’ Partnership– The Timbers have asked to have some of the conditions of the current agreement modified. I met with their representatives last month and did not see any advantage in the changes they requested. They are delinquent in payments to us as required in the agreement and I have sent them a notice of default letter. They have 15 days to correct the default and at that time we will have the opportunity to cancel the relationship and pursue collection through the US Soccer Federation and/or the courts.

    February
    Timbers Update – OYSA has notified the Portland Timbers that they are in breach of the agreement as they have failed to make three payments in excess of $ 18,500; in fact they have failed to make another $5,000 payment that was due in January. More than fifteen days have passed since the notification and we now have the right to terminate the agreement.
    [ED Report] Timbers’ Partnership – The Timbers responded to our notice of breach of contract by asserting that, in their view, we are in breach of contract for laying our previous Technical Director off. There is, of course, nothing in the agreement that obligated us to keep our previous Technical Director employed nor that would require them to increase his FTE with them if he were to be let go. There is no legal or rational reason for them to maintain such a position, but they have. They certainly owe us the approximately $23,500 that the contract specifies. They have suggested three remedies and we are considering options at this time.

    March
    Timbers Update –The breach of contract issue has not been resolved. Staff is discussing other options with the Timbers Staff. Matt and Chuck will be meeting with the Timbers Staff next week and will report back to the board.
    [ED Report] Timbers’ Partnership–I have had conversations with representatives of the Timbers and legal counsel about the ODP agreement. I have been told that Gavin want to make sure that OYSA receiv es “something in return” for modifying the agreement according to his request. He has asked to speak with the Board about an “improved partnership” with us. Matt wants to meet with Gavin first and we are in the process of scheduling that meeting.

    April
    Timbers Update– The Board discussed the opportunity to further partner with the Timbers. A motion was made and accepted to move forward with negotiations.
    [no ED Report]

    May
    Timbers Update–The Board discussed the pending Timbers partnership. Matt and Chuck have met again with the Timbers and it appears it will work out. It was suggested that an attorney who specializes in nonprofit issues review any agreement to assure there are no terms that would jeopardize our nonprofit or 501 (c)(3) status.
    [ED Report] Timbers’ Partnership – I submitted a proposal to the Timbers that outlines programmatic and economic elements of a closer, more collaborative relationship that could unite soccer in the state. The proposal was received well and Matt and I met with Gavin to discuss a few changes. At this time it looks like the new relationship is going to work for both of us. In fact, I think it is going to move forward sooner than expected. With some economizing measures to our budget I believe it will provide us with a sustainable business model, increase our membership and greatly, if not entirely, unite youth soccer in Oregon.

    June
    Timbers Update
    o Chuck informed the Board that the Memorandum of Understanding (MOU) with the Portland Timbers has been fully executed.
    o OYSA hired an attorney that specia lizes in non-profit law to review the MOU prior to its execution. He revised the document to assure that OYSA’s 501c3 status is protected.
    o The MOU is a one year agreement with the intent to develop a 10 year agreement during this 1st year.
    o Chuck shared the major points in the MOU with the Board.
    o The Board discussed the possible risks associated with the Timbers affiliation and while the benefits to youth soccer and the association outweigh the risks, it was suggested that some contingency planning would be prudent.
    [ED Report] Timbers’ Partnership – I drafted a Memorandum of Understanding (MOU) outlining the general provisions of a proposed affiliation between our two organizations. An attorney who specializes in nonprofit as well as tax compliance issues reviewed the document and made a number of changes to help ensure the MOU does not jeopardize our nonprofit or tax exempt status. Matt and I signed the MOU and sent it to the Timbers for their signature. They have said the MOU is fine, but we have not yet received a signed copy back from them. Timbers’ representatives met with the Oregon Premier Council (OPC) the week of May 20th and shared their plan to affiliate with OYSA with or without the OPC. A delegation of the OPC met with Timber’s representatives the following week to further discuss the details of the changed relationship and the OPC met June 5th to consider their options. It is my understanding that the coaches of the OPC are meeting with their club boards and will hopefully have a definitive response to the Timbers on Monday, June 10th.
    Last edited by Slow Xavi; 08-11-2014, 12:35 AM.

    #2
    Notes on History

    Another thread mentioned that the Timbers/OYSA agreement is in the OYSA minutes; I haven't found it so far, but thought it would be helpful to document the history. Started with 1st half of 2013 (last full complete year); will add 2nd half, 2012 and 2014 later. Sources for all of the following can be found here.

    Posting so interested adults can work through these issues with the best facts in hand. In all cases above are direct quotes except that I am only posting stuff that is Timbers related (summary of stuff was in new/old business section usually, detail was usually in ED report); [] indicates my comments, not what was in the original minutes.

    This was mind-numbing; if someone wants to help feel free to, but as Dragnet says "just the facts ma'am". Also please let me know if any errors.
    Last edited by Slow Xavi; 08-11-2014, 12:34 AM.

    Comment


      #3
      Shortly after the OYSA/Timbers Merger, BSC sent this press release out to parents:

      http://www.bscportland.com/images/OPLOYSALetter.pdf

      They started out with a neutral stance, not fully committing to either.

      On Dec 5th, Mike Smith released this statement regarding BSC committing to OYSA.

      Dear Presidents, Coaches & Parents,
      Hopefully you all had a wonderful Thanksgiving. I wanted to send you another positive weekly update from the Timbers & Thorns. What an incredible season and hats off to the Timbers and of course, our newly announced MLS Coach of the Year, Caleb Porter. Click here for the full article.
      http://www.portlandtimbers.com/news/...mls-coach-year .
      Well, we are getting closer to the Winter League registration deadline (December 9) and we have had many more clubs and teams signing up for our leagues, thank you! I am sure you heard the PA announcements and saw the ads on the Jumbotron screen for Timbers & Thorns leagues at the Western Conference final game.
      Two more big competitive clubs have committed teams this week to the PTT Leagues. BSC Portland adds significant prowess to the league. They have had progressive expansion over the past couple of years into both Hood River and Newberg and are committing all their teams in the club to the Timbers & Thorns Leagues. In addition, Northeast United (NEU), another Portland Club who has done a great job with player development & carved their niche in NE Portland and beyond. They are committing the majority of their teams to the Timbers and Thorns Leagues.
      For those of you that have teams in the Winter League, the deadline for registration is December 9. By Friday December 13, we will have the preliminary tentative bracket divisions and we will send these out via email for you to review. The final placements will be discussed and verified at the League Seeding meeting, which will be at the stadium at 1pm on Monday December 16. Mark the date in your calendars!
      For those of you entering teams in the Spring League, we understand that many of your teams have to get additional player cards that the club did not budget for. To help ease this transition, we have decided that for every team from a club registered for the Timbers-OYSA Spring Leagues, we will return 10% of the league registration fee as a club credit. We hope that this helps teams and clubs make the best decisions for them. To qualify for this credit, we simply ask that you register your teams with OYSA on or before December 31, a week earlier than the regular Spring League deadline.
      In other news, we are really enjoy discussing how best to move the game forward. In the coaching arena, we have now scheduled three National Coaching opportunities for coaches here in our territory for 2014. We will offer a US Soccer National C License, a US Soccer National Youth License as well as an NSCAA Advanced National Diploma around the MLS All-Star Game being hosted here in Portland. We also hope to offer another NSCAA course and also schedule an ‘A’ License renewal course here in Portland too and are awaiting confirmation from US Soccer on that.
      To help develop our referees, we have also helped set up and market referee classes last week in Salem and Eugene. We will offer another opportunity to take the entry level referee class on the east side of Portland in the coming weeks. Please watch for more details on these additional classes at a later date. Clearly we need more referees to stay involved in the game and so please circulate this amusing video to the parents and coaches in your club http://www.youtube.com/watch?v=ezZ2ZRfSsLY to provide a little perspective from the referee’s point of view.
      Enjoy your week and get your teams signed up if you have not already. Please let us know how we can helping and supporting your youth club or association in any of the five key groups listed in the previous email.
      Best wishes,
      Mike
      Mike Smith
      Portland Timbers Youth Sporting Director
      Portland Timbers
      P: 503.553.5574
      F: 503.553.5450
      msmith@portlandtimbers.com
      JELD-WEN Field | 1844 SW Morrison St | Portland, OR 97205


      What caused the quick change of heart? Well, on Mar 7th it was announced the Scot Thompson of BSC would be an Assistant Coach for the Thorns.

      http://www.oregonlive.com/portland-t..._coaching.html

      Comment


        #4
        Originally posted by Slow Xavi View Post
        Another thread mentioned that the Timbers/OYSA agreement is in the OYSA minutes; I haven't found it so far, but thought it would be helpful to document the history. Started with 1st half of 2013 (last full complete year); will add 2nd half, 2012 and 2014 later. Sources for all of the following can be found here.

        Posting so interested adults can work through these issues with the best facts in hand. In all cases above are direct quotes except that I am only posting stuff that is Timbers related (summary of stuff was in new/old business section usually, detail was usually in ED report); [] indicates my comments, not what was in the original minutes.

        This was mind-numbing; if someone wants to help feel free to, but as Dragnet says "just the facts ma'am". Also please let me know if any errors.
        There really is not much in 2012, as far as OYSA minutes etc...I didn't have time to go through 2014 yet...

        Comment


          #5
          Originally posted by Unregistered View Post
          There really is not much in 2012, as far as OYSA minutes etc...I didn't have time to go through 2014 yet...
          Thank you. Will get 2h 2013 up later today. All I saw in 2012 was some history on the ODP relationship.

          Comment


            #6
            Originally posted by Slow Xavi View Post
            Thank you. Will get 2h 2013 up later today. All I saw in 2012 was some history on the ODP relationship.
            Later in 2013 OYSA started leaving out all the details from their minutes. Everything became a "verbal" presentation from Mike Smith...

            Comment


              #7
              Gavin and the Timbers pulled the same breach of contract BS when the OPL paid them $60,000 and the Timbers did not meet one deliverable outlined in the contract.

              Unethical and illegal behavior at the Timbers.

              Comment


                #8
                Originally posted by Unregistered View Post
                Gavin and the Timbers pulled the same breach of contract BS when the OPL paid them $60,000 and the Timbers did not meet one deliverable outlined in the contract.

                Unethical and illegal behavior at the Timbers.
                Actually I think you have the OPL situation backwards. OPL claimed breach of contract and tried to get out of paying the Timbers $50,000. They still complain about it to this day.

                That being said one of the weaknesses of all of the OPL folks, including Gavin and the Timbers folks is their unwillingness to write anything down.

                Comment


                  #9
                  Originally posted by Unregistered View Post
                  Actually I think you have the OPL situation backwards. OPL claimed breach of contract and tried to get out of paying the Timbers $50,000. They still complain about it to this day.

                  That being said one of the weaknesses of all of the OPL folks, including Gavin and the Timbers folks is their unwillingness to write anything down.
                  OPL paid. Timbers have never, and will never, deliver the coaching curriculum. The same curriculum that was a big selling feature for the whole "TA" alliance when it first started. Look over here, we're going to have an official Timbers curriculum. Too bad the Timbers have NO clue about youth soccer except for how to milk it for as much money as possible.

                  Comment


                    #10
                    Originally posted by Unregistered View Post
                    OPL paid. Timbers have never, and will never, deliver the coaching curriculum. The same curriculum that was a big selling feature for the whole "TA" alliance when it first started. Look over here, we're going to have an official Timbers curriculum. Too bad the Timbers have NO clue about youth soccer except for how to milk it for as much money as possible.
                    They won't deliver it to OPL. That is for sure. OYSA has already been receiving curricular help. The problem with OPL is they want a curriculum to be a published document handed to them that they can sell as their own. A curriculum can also be shared as a process of teaching...

                    Comment


                      #11
                      Originally posted by Unregistered View Post
                      Actually I think you have the OPL situation backwards. OPL claimed breach of contract and tried to get out of paying the Timbers $50,000. They still complain about it to this day.

                      That being said one of the weaknesses of all of the OPL folks, including Gavin and the Timbers folks is their unwillingness to write anything down.
                      Wrong. The OPL paid all $60,000 to the Timbers. It was Gavin claiming breach of contract because there was 1 coach who was not encouraging his players to try out for the DA.

                      The Timbers did not deliver on a single contractually and paid for item in the contract. Sounds like they are already doing the same to OYSA.

                      Comment


                        #12
                        Originally posted by Unregistered View Post
                        They won't deliver it to OPL. That is for sure. OYSA has already been receiving curricular help. The problem with OPL is they want a curriculum to be a published document handed to them that they can sell as their own. A curriculum can also be shared as a process of teaching...
                        So what you are saying is that it doesn't, and never will, exist. No big surprise there although I was looking forward to reading it. I can see the title now "Send it! The Kick and Chase Philosophy of Soccer".

                        Comment


                          #13
                          Originally posted by Unregistered View Post
                          They won't deliver it to OPL. That is for sure. OYSA has already been receiving curricular help. The problem with OPL is they want a curriculum to be a published document handed to them that they can sell as their own. A curriculum can also be shared as a process of teaching...
                          Of course. Why deliver what you've been paid for? But the TA members are starting to learn the hard way what that's like...

                          Comment


                            #14
                            Originally posted by Unregistered View Post
                            Gavin and the Timbers pulled the same breach of contract BS when the OPL paid them $60,000 and the Timbers did not meet one deliverable outlined in the contract.

                            Unethical and illegal behavior at the Timbers.
                            The reason why OYSA agreed to farm out ODP to the Timbers was because Gavin was going to help OYSA get back together with OPL.

                            Once Gavin (Timbers) got the $60,000 from OPL, getting OYSA and OPL together was no longer a big deal. Timbers got the money either way.

                            Comment


                              #15
                              Originally posted by Unregistered View Post
                              The reason why OYSA agreed to farm out ODP to the Timbers was because Gavin was going to help OYSA get back together with OPL.

                              Once Gavin (Timbers) got the $60,000 from OPL, getting OYSA and OPL together was no longer a big deal. Timbers got the money either way.
                              You guys act like $60k is a big deal to the Timbers. The Timbers annual salary for players is almost $4,000,000(That may be low because they signed Ridgewell since these numbers were published). That doesn't include coaches, trainers, office staff, stadium rental etc..

                              Comment

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