Miami Community Facilities Authority Packet (MCFA)

MCFA PURCHASE ORDERS PRESENTED VENDOR DESCRIPTION TOTAL ALLEN SIGN E. GRANDSTAND MCFA BANNER REPAIR $ 306.00 DISH HD RECEIVER $ 253.23 SODEXO NEO VS. TRINITY VALLEY $ 1,240.42 SODEXO NEO VS. KILGORE $ 1,240.42 SODEXO NEO VS TYLER $ 1,240.42 4280.49  MCFA PURCHASE ORDERS PRESENTED VENDOR DESCRIPTION TOTAL JK MEDIA MCFA BOARD $ 3,950.00 NEO ATHLETICS BOOSTER PAYMENT $ 7,900.00 SODEXO NEO VS CISCO $ 1,240.42 $ 13,090.42 THE MIAMI COMMUNITY FACILITIES AUTHORITY (MCFA) MET IN REGULAR SESSION FEBRUARY 24, 2021, AT THE MIAMI CIVIC CENTER BANQUET ROOM AT 5:15PM WITH THE FOLLOWING MEMBERS PRESENT: Kyle Stafford, Chairman Bo Reese, Trust Manager Jeremy Hogan, Trustee/Secretary/Treasurer Ben Loring, Trust Attorney Bless Parker, Trustee Melissa Moore, City Clerk Mark Folks, Trustee/Vice Chairman (Absent) Dustin Grover, Trustee Stacey Satterwhite, Trustee (Absent) Bill Osborn, Trustee The agenda for the meeting was displayed in the main lobby of the Miami Civic Center and by posting on www.miamiokla.net starting at 3:30PM on February 23, 2021, pursuant to 25 O.S §311(9) (a) and (b). THE TRUST MAY DISCUSS, CONSIDER, VOTE ON, AND/OR MAKE RECOMMENDATION TO THE CITY COUNCIL ON ANY ITEM LISTED IN THIS AGENDA: Call to Order Chairman Stafford called the meeting to order at 5:21PM. Invocation Mike Addington gave the invocation. Pledge of Allegiance Chairman Stafford led the pledge of allegiance. Approve Minutes: December 09, 2020 (Regular) Trustee Parker made a motion to approve minutes: December 09, 2020 (regular). Trustee Hogan made the second. The Trust was polled with the following results: Parker, Aye Hogan, Aye Osborn, Aye Grover, Aye Stafford, Aye Satterwhite, Absent Folks, Absent Chairman Stafford declared the motion approved. Monthly Financial Report Municipal Finance Manager Mike Addington explained that the Peoria Tribe paid the ten thousand dollar ($10,000.00) outstanding balance in February and will be reflected on the February financial statement. Dish will need to be turned on in the middle of March in time for the NEO A&M College football season which begins toward the end of March. There is currently one hundred ninety-thousand dollars ($190,000.00) set aside for repair and replacement. No action taken. Options on Placing the Repair and Replacement Monies Into an Interest Bearing Account Municipal Finance Manager Mike Addington reported the interest rate options on placing the repair and replacement monies into interest bearing accounts in either Arvest Bank, Welch State Bank, or First National Bank in either a six (6) month Certificate of Deposit (CD) or a twelve (12) month CD. Addington explained that placing the money in a one-year CD will earn the most interest. The money could be pulled from the CD at any time if needed. A portion of these monies were used previously to pay off the scoreboard. Trustee Osborn made a motion to approve placing $190,000.00 into a one-year CD at First National Bank at an interest rate of .30%. There was further discussion. Trustee Osborn then withdrew his motion and made a motion to approve placing $130,000.00 into a one-year CD at First National Bank at an interest rate of .30% There was further discussion. Trustee Osborn then withdrew that motion. MCFA Page 1 of 3 February 24, 2021 Trustee Osborn and made a motion to approve placing $190,000.00 into a one-year CD at First National Bank at an interest rate of .30%. Trustee Grover made the second. The Trust was polled with the following results: Osborn, Aye Grover, Aye Parker, Aye Hogan, Aye Stafford, Aye Satterwhite, Absent Folks, Absent Chairman Stafford declared the motion approved. Resolution MCFA2021-01 Public Input and Unscheduled Personal Appearances City Attorney Ben Loring reported he added the change of the total time allotted for the public input and scheduled personal appearances agenda item to be thirty (30) minutes. The Trust clarified that a written comment will only be read for three (3) minutes. A Trustee can sponsor an agenda item, which could go longer than three (3) minutes and would be listed as a separate agenda item with the sponsoring Trustee’s Name. Trustee Hogan made a motion to approve Resolution MCFA2021-01 Public Input and Unscheduled Personal Appearances. Trustee Parker made the second. The Trust was polled with the following results: Hogan, Aye Parker, Aye Osborn, Aye Grover, Aye Stafford, Aye Satterwhite, Absent Folks, Absent Chairman Stafford declared the motion approved. Discussion Regarding Use of .65% Sales Tax Collections Over and Above Existing Payment Requirement for Street Improvement Project Director of Administrative Services Jill Fitzgibbon explained that on July 27, 2010, voters approved a sales tax proposition of .65% to make street improvements that had a sunset clause. A few years later a committee came to the Council and requested a vote of the citizens to improve the stadium complex at NEO A&M College by extending the .65% sales tax. On February 12, 2013, voters approved to continue the sales tax to fund improvements to the stadium complex at NEO A&M College. Each month approximately twenty thousand dollars ($20,000) over and above the existing payment required for the bond payment is collected. The funds can only be used for three things: street improvements, stadium improvements, or paying off the bond early. Fitzgibbon reported that staff will be recommending to the council to utilize two hundred forty-four thousand dollars ($244,000) for a street improvement project which leaves a three (3) month reserve for the bond payment. Fitzgibbon reviewed the spending history of the street/stadium fund that were approved by Council. In January 2018 Council approved one hundred eighty thousand five hundred dollars ($180,500.00) to be used for the stadium honors plaza. In July 2018 Council approved one hundred twenty-seven thousand dollars ($127,000.00) to be used for street expenses. In June 2019 Council approved two hundred forty thousand dollars ($240,000.00) to be used for street expenses. Robert Barger and Kevin Browning provided a list of streets included in the project. Trustee Grover stated he believes the field turf life expectancy is twelve (12) years. The first season played on the field was in 2015, which would put the turf needing to be replaced in 2027. Chairman Stafford explained that the press box on the visitor’s side (east side) would need to be replaced or banned soon due to the condition of the press box. Trustee Grover stated that there is a need for a catwalk/platform if the press box is banned and not replaced. MCFA Page 2 of 3 February 24, 2021 No action taken. Effects of COVID-19 Pandemic on Sports in Relation to MCFA Chairman Stafford announced the first NEO A&M College football game will be Saturday, March 27, 2021. No action taken. Chairman and Trustee Community Announcements Chairman Stafford explained that he had spoken with Payton from EMM Advertising Agency who has not made any sales to date. Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) None. Adjournment Trustee Parker moved to adjourn. Trustee Hogan made the second. The Trust was polled with the following results: Parker, Aye Hogan, Aye Osborn, Aye Grover, Aye Stafford, Aye Folks, Absent Satterwhite, Absent Chairman Stafford declared the meeting adjourned at 6:09PM. ________________________ _______________________ _______________________ Kyle Stafford, Chairman Jeremy Hogan, Treasurer/Secretary Bless Parker, Trustee ________________________ _______________________ ATTEST: Mark Folks, Vice Chairman Dustin Grover, Trustee ________________________ ________________________ _______________________ Melissa Moore, City Clerk Stacey Satterwhite, Trustee Bill Osborn, Trustee MCFA Page 3 of 3 February 24, 2021 MIAMI COMMUNITY FACILITES AUTHORITY (MCFA) FISCAL YEAR THRU APR 30, 2021 MCFA Funds as of Original Current Period Budget FY 20/21 July - Apr BEGINNING BALANCE AS OF 6/30/20 $ 172,210 $ 172,210 Revenues: (accured when inv is created) Facility Lease: $50,000 REVENUES $ 114,700 $ 118,116 Suite Leases: $20,000 TRANSFERS IN $ - $ - Advertising: $45,000 Total Revenues $ 114,700 $ 118,116 Concessions: $3,095.35 Field Rental: Revenue/Other: $20.22 (cc rebate) EXPENDITURES $ 89,401 $ 29,372 TRANSFERS OUT $ - $ - **Outstanding Billed Revenues: ENCUMBRANCES OUTSTANDING OR DEBT Field Rental: 4 States $914.64 ($800 has been pd.) RESERVES $ - $ - NEO A&M- $1,484.70 Total Expenditures $ 89,401 $ 29,372 Expenses: Suite Expenses: $10,479.11 Net Revenues/(Expenditures) $ 197,509 $ 260,954 Video Board Operation: $4,350 Dish Network: $2,037.02 ENDING BALANCE $ 197,509 $ 260,954 MHS Booster Club: $11,700 (3 $100 late fees) NEO Booster Club: Advertising Refund: $500 ** Outstanding Billed Revenues $ 2,399.34 Banner Repair: $306 Repair & Replacement MCFA Funds (Turf, etc.) Beginning Bank Balance $ 42,210.09 $ 130,000.00 FY 19/20 A/R Collected this FY $ 600.00 Outstanding FY 19/20 Collectibles $ 914.64 Revenues $ 58,115.57 $ 60,000.00 Expenses $ (29,372.13) Ending Bank Balance $ 70,068.83 $ 190,000.00 Total Available Cash $ 260,068.83 MIAMI COMMUNITY FACILITES AUTHORITY (MCFA) FISCAL YEAR THRU MAR 31, 2021 MCFA Funds as of Original Current Period Budget FY 20/21 July - Mar BEGINNING BALANCE AS OF 6/30/20 $ 172,210 $ 172,210 Revenues: (accured when inv is created) Facility Lease: $50,000 REVENUES $ 114,700 $ 116,631 Suite Leases: $20,000 TRANSFERS IN $ - $ - Advertising: $45,000 Total Revenues $ 114,700 $ 116,631 Concessions: $1,610.65 Field Rental: Revenue/Other: $20.22 (cc rebate) EXPENDITURES $ 89,401 $ 24,838 TRANSFERS OUT $ - $ - **Outstanding Billed Revenues: ENCUMBRANCES OUTSTANDING OR DEBT Field Rental: 4 States $914.64 ($800 has been pd.) RESERVES $ - $ - Total Expenditures $ 89,401 $ 24,838 Expenses: Suite Expenses: $6,757.85 Net Revenues/(Expenditures) $ 197,509 $ 264,003 Video Board Operation: $4,350.00 Dish Network: $1,530.56 ENDING BALANCE $ 197,509 $ 264,003 MHS Booster Club: $11,700 (3 $100 late fees) NEO Booster Club: Advertising Refund: $500 ** Outstanding Billed Revenues $ 914.64 Repair & Replacement MCFA Funds (Turf, etc.) Beginning Bank Balance $ 42,210.09 $ 130,000.00 FY 19/20 A/R Collected this FY $ 600.00 Outstanding FY 19/20 Collectibles $ 914.64 Revenues $ 56,630.87 $ 60,000.00 Expenses $ (24,838.41) Ending Bank Balance $ 74,602.55 $ 190,000.00 Total Available Cash $ 264,602.55 MIAMI COMMUNITY FACILITES AUTHORITY (MCFA) FISCAL YEAR THRU FEB 28, 2021 Revenues: (accured when inv is created) Facility Lease: $50,000 MCFA Funds as of Suite Leases: $20,000 Current Period FY Advertising: $42,900 Original Budget 20/21 Concessions: $1,610.65 July - Feb Field Rental: BEGINNING BALANCE AS OF 6/30/20 $ 172,210 $ 172,210 Revenue/Other: $20.22 (cc rebate) **Outstanding Billed Revenues: REVENUES $ 114,700 $ 114,531 Field Rental: 4 States $914.64 ($800 has been pd.) ; TRANSFERS IN $ - $ - Stealth $2,100 Total Revenues $ 114,700 $ 114,531 EXPENDITURES $ 89,401 $ 24,838 TRANSFERS OUT $ - $ - ENCUMBRANCES OUTSTANDING OR DEBT RESERVES $ - $ - Total Expenditures $ 89,401 $ 24,838 Net Revenues/(Expenditures) $ 197,509 $ 261,903 Expenses: Suite Expenses: $6,757.85 Video Board Operation: $4,350.00 ENDING BALANCE $ 197,509 $ 261,903 Dish Network: $1,530.56 MHS Booster Club: $11,700 (3 $100 late fees) ** Outstanding Billed Revenues $ 3,014.64 NEO Booster Club: Advertising Refund: $500 Repair & Replacement MCFA Funds (Turf, etc.) Beginning Bank Balance $ 42,210.09 $ 130,000.00 FY 19/20 A/R Collected this FY $ 600.00 Outstanding FY 19/20 Collectibles $ 914.64 Revenues $ 54,530.87 $ 60,000.00 Expenses $ (24,838.41) Ending Bank Balance $ 70,402.55 $ 190,000.00 Total Available Cash $ 260,402.55 City of Miami, Oklahoma REQUEST FOR QUOTE # MCFA 21-01 RFQ # MCFA 21-01 Quotation Due By: Wed., May 12, 2021, 10:00am CT REPLY TO: Krista Duhon Purchasing Agent – City of iami PO Box 1288 Miami, OK 74355-1288 PHONE: 918 541-2224 E-MAIL:kduhon@miamiokla.net NOTE: Awards will be based on highest interest rates quoted. Banks shall quote an APY/fixed rate on a single maturity CD. Interest shall both be compounded and credited monthly. Banks will attach wiring information to the quote provided and the Miami Community Facilities Authority will retain the Original Certificate. The MCFA (EIN # 32-62986-46) is a municipal trust authority of which the City of Miami, a political subdivision of the State of Oklahoma, is a beneficiary. Preference may be given to banks that provide online access to account information. The entire amount of the certificate of deposit must be insured by the FDIC . LINE NUMBER ITEM DESCRIPTION OF UNITS 1. Certificate of Deposit – 6 MONTHS $100,000 1.00 Fixed Interest Rate _____ % APY. Amount covered by the FDIC $ ____________ 2. Certificate of Deposit – 12 MONTHS $100,000 1.00 Fixed Interest Rate ________% APY Amount covered by the FDIC $ ____________ 3. Certificate of Deposit – 18 MONTHS $100,000 1.00 Fixed Interest Rate ________% APY Amount covered by the FDIC $ ____________ QUOTE EXPIRATION DATE: ___________________________ QUOTE NUMBER: ___________________________________ QUOTED BY (please type) :____________________________ SHIP TO: City of Miami Office of Purchasing Agent COMPANY NAME: ___________________________________ PO Box 1288 Miami, OK 74355 SIGNATURE: _______________________________________ DATE OF QUOTE: ___________________________________ THIS IS NOT AN ORDER. We are pleased to receive your bid for furnishing the above. This form must be completed in full (including signature) and returned by the due date above. You may attach additional pages if necessary. If attached, the Non- Collusion form must be completed and returned with your quotation. NO PARTIAL SHIPMENTS OR PARTIAL PAYMENTS WILL BE ALLOWED WITHOUT PRIOR APPROVAL. All articles purchased hereunder shall be in accordance with the Bidding Procedures and General Terms & Conditions contained on the attached sheets. Miami Community Facilities Authority · 129 5th Avenue N.W. · PO Box 1288 · Miami, OK 74355 · 918 541-2224  NON-COLLUSION CERTIFICATE City of Miami, Oklahoma RFQ # MCFA 21-01 A Non-Collusion Certificate shall be included with any competitive bid or contract submitted to the City for goods or services exceeding $2,500.00. A. For purposes of competitive bid or contract, I certify: 1. I am the duly authorized agent of _____________________ (Company Name) the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pretaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to said bid; 2. I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and 3. Neither the bidder, nor contractor, nor anyone subject to the bidder’s or contractor’s direction or control, has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any MCFA trustee or employee of the Authority as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor, whether competitively bid or not, has paid, given, or donated, or agreed to pay, give, or donate to any officer or employee of the Authority any money or other thing of value, either directly or indirectly, in procuring this contract herein. B. The contractor further certifies that no person who has been involved in any manner in the development of said contract while employed by the MCFA shall be employed to fulfill any of the services provided for under said contract. C. If any contract pursuant to this bid is for professional services as defined in 74 O.S. § 85.2.25, and if the final product is a written proposal, report or study, the contractor further certifies that (s)he has not previously provided the MCFA with a final product that is a substantial duplication of the final product of the proposed contract. _________________ _________________________ Authorized Signature Certified this Date ____________________ _________________________ Printed Name Title ________________________________ ______________________________ Telephone Number / Fax Number E-mail Miami Community Facilities Authority · 129 5th Avenue N.W. · PO Box 1288 · Miami, OK 74355 · 918 541-2224 Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 MEMORANDUM OF UNDERSTANDING FY 2021 – 2022 This Memorandum of Understanding ("MOU") is made and entered into this ____ day of May, 2021, by and between the Miami Youth Football League ("MYFL"), a non-profit youth sports organization, and the Miami Community Facilities Authority ("MCFA"), which is a public trust jointly authorized by NEO A&M College, Miami Public Schools, and the City of Miami, Oklahoma. Collectively, the MYFL and the MCFA are referred to herein as the "Parties". WHEREAS, the Parties desire to work together to utilize and maintain the field and facilities known as the Miami Multi-Purpose Sport Complex and Red Robertson Field (hereinafter, the "Complex"), located on the campus of NEO A&M College in Miami, Oklahoma, in order to enrich the overall quality of life in the community; IT IS THEREFORE AGREED that the Parties allocate between themselves the following specific responsibilities with respect to the use and maintenance of the Complex, and further agree to the following terms and conditions. 1. MYFL Responsibilities. In lieu of money payments for rent for the use of the Complex, MYFL shall: a. Provide the following services with respect to the physical grounds, facilities, and equipment of the Complex for, during, or as a result of MYFL usage and events: i. Providing team and individual participant gear and equipment, or arranging for provision of same by third parties; ii. Inspecting and maintaining any operational equipment, such as first down chains, that may be provided by or belong to the MCFA or its authorizing entities; iii. Actively discouraging littering and other misuse of the physical grounds; iv. Reimbursing the City, in an amount not to exceed $1,000.00 during the term of this MOU, for repair of any damage to the physical premises of the Complex that is caused, in whole or in part, by actions of MYFL or its volunteers, personnel, participants, attendees, guests, and invitees, whether negligent or otherwise; and v. Reporting any vandalism or misuse of the Complex to the MCFA upon becoming aware of same; b. Assume responsibility and liability for, and hold the MCFA and its individual entities harmless with respect to, any and all property damages and/or personal injuries incurred during or as a result of MYFL events and arising from actions of MYFL or its volunteers, personnel, participants, attendees, Page 1 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 guests, and invitees, whether negligent or otherwise; provided that (i) MYFL's liability to the MCFA for any damage to the Complex premises shall not exceed the amount set forth in subparagraph 1.a.iv. above; (ii) MYFL's assumption of liability for any other property damage or personal injuries shall not exceed the amount of liability insurance paid or payable to MYFL, or on its behalf, for a claim under the insurance policy the organization is required to maintain under subparagraph 1.c. below; and (iii) the responsibility and liability assumed hereunder is that of the MYFL as an entity and does not, as far as the MCFA is concerned, extend to any of the individual members of the MYFL's governing body, coaching team, or other leadership. c. Maintain a liability insurance policy for MYFL having limits no less than $1,000,000.00 per occurrence, and make the MCFA an additional insured on any such policy; d. Consult with the MCFA's designee in the development of practice and game schedules, prior to the publication of same, and submit a proposed game schedule for the 2021 season to the MCFA no later than April 1, 2021; e. Designate authorized MYFL representative(s) to act as point(s) of direct contact with the MCFA; f. Develop a set of written expectations for general care of Complex facilities during MYFL usage and events, to be signed by coaches and parents (or other persons responsible for participants) as part of the participant registration process for the 2021 season; these may be added to any existing code of conduct or similar set of written expectations the MYFL already distributes during its registration process; g. Disallow any illegal, indecent, obscene, offensive, immoral conduct by MYFL personnel, volunteers, participants, attendees, guests, invitees, including use of tobacco and alcohol products and the smoking of marijuana on the Complex premises, and such other conduct which is prohibited by the City of Miami’s Rental and Use, and advertisement Agreement Policy (COU-2020-01)as written or as may hereinafter be amended; said policy is hereby adopted by MCFA, is attached hereto as Exhibit A, and is incorporated herein; h. Provide the MCFA complete information regarding the nature and content of any advertising relating to use of the Complex premises by MYFL, at least two (2) weeks in advance of the use or implementation of such advertising; and i. Provide the MCFA with the following documentation and/or information at the time of execution of this agreement, and provide any updates to such documentation and/or Page 2 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 information within one (1) week from the time such updates go into effect or from the time of a request from the MCFA: i. A current Certificate of Insurance showing the limits of the organization's liability insurance policy and the MCFA as an additional named insured; ii. Telephone number(s) and other contact information for the representative(s) designated as the point(s) of direct contact with the MCFA; iii. A copy of the organization's written expectations for general care of Complex facilities during MYFL usage and events, once developed for the 2021 season; iv. A list of the names and titles of the members of the MYFL governing body and/or all persons having decision-making authority for MYFL; v. Game schedule(s) for the season, which do not conflict with any planned usage of the Complex by the MCFA or its authorizing entities; vi. A breakdown of participants' ages, zip codes, and tribal affiliations, if any, to facilitate potential grant opportunities by the MCFA; and vii. Information reflecting money collected and spent annually by the organization, to facilitate the MCFA's tracking of economic activity associated with the Complex. 2. MCFA Responsibilities. Subject to the availability of approved funds, the MCFA shall: a. Provide the following services, whether directly or indirectly through other agreements, for maintenance of the physical grounds, facilities, and equipment of the Complex: i. Maintain Complex grounds, including but not limited to routine cleaning of restrooms, disposing of trash, and making regular facility inspections; ii. Supply MCFA-issued toilet paper and paper towels in restrooms and concession stand; iii. Repair any damage to the physical premises of the Complex and assume financial responsibility for such repairs once MYFL has exhausted its $1,000.00 reimbursement obligation under subparagraph 1.a.iv. above; b. Designate an official liaison between the MCFA and MYFL, to attend all MYFL board meetings, if any, and to otherwise maintain regular and direct contact with the MYFL authorized representative(s); c. Accommodate use of the Complex by the MYFL for at least four (4) Saturday home games during the regular football season, typically on Saturdays when the NEO A&M football team does not have a home game, and work cooperatively with MYFL representative(s) to accommodate any post-season games at the Complex, if requested. d. Publicize the MYFL schedule of events and any related information in the public-access calendars of the MCFA's authorizing entities, as requested by MYFL and subject to the other terms of this agreement; and Page 3 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 e. Track expenses incurred by both Parties in using the Complex, to facilitate analysis of economic activity associated with the Complex. 3. General Terms and Conditions. The Parties agree with respect to the following: a. The MCFA shall retain management authority over and access to the Complex, and its use by MYFL is non-exclusive and subject to the pre-approved game schedule submitted to the MCFA by MYFL for the current season; b. With respect to any advertising relating to use of the Complex premises by MYFL, no such advertising, or any part thereof, shall be used or implemented if the MCFA makes written objections to the same on the grounds of (i) violation of any law; (ii) the inability or failure of MYFL to uphold claims made in its advertising of the event; or (iii) violation of any terms and conditions of this agreement relating to the nature of the use of the Complex by MYFL, and the MCFA reserves the right to immediately terminate any advertising displayed in violation of this provision, without advance notice of such termination to MYFL; c. The MCFA reserves the right to deny access to the Complex premises, if MYFL does not, in the sole discretion of the MCFA, timely fulfill the obligations imposed by this MOU; d. This MOU shall terminate without notice as of June 30, 2021, and otherwise either party may terminate this agreement upon written notice to the other party without further liability or obligation whatsoever, provided that claims arising from events preceding the termination date shall remain the obligation of the party responsible for such claim under the terms and conditions set forth above; and e. FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this MOU that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy; provided that this Force Majeure clause shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder Agreed upon and executed as of the date first written above. Page 4 of 5 _____ Miami Community Facilities Authority Agreement No. _________ Miami Multi-Purpose Sport Complex @ Red Robertson Field 200 I St NE Miami, OK 74354 MCFA: Miami Community Facilities Authority By: Dr. Kyle Stafford, Chairman MYFL: Miami Youth Football League By: Janna Clark, Representative for MYFL Page 5 of 5 _____