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.
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.
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