TTSL rejects TTFA’s proposal

In a media release issued yesterday, the TTSL noted that its 21 member clubs, at a meeting on March 20, were presented with the MOU, which offered to allow the clubs/ TTSL to run the National Super League. 

“In response, TTSL committed to forward a formal proposal counter offer to the TTFA’s rejected MOU,” the media release said. “(The) TTSL is not requesting TTFA membership for its administrative and commercial arm TTSL Limited but for recognition of TTSL as an autonomous, second tier league within the hierarchy of TT football, which is legally represented by TTSL Limited.”

Memorandum of agreement between the TTSL and the TTFA.

Dear Sir,
 
At the meeting of Monday 20 March 2017 between the TTFA Board’s sub-committee on TTSL and the general membership of TTSL, said sub-committee tabled a proposed Memorandum of Understanding to be signed between TTFA and the clubs of TTSL, which offered to allow the clubs/TTSL to run the National Super League. This proposed MOU was unanimously rejected by the twenty-one (21) TTSL clubs represented at the meeting. In response, TTSL committed to forward a formal proposal counter offer to the TTFA’s rejected MOU.  
 
TTSL proposes to sign a Memorandum of Agreement with TTFA, which is copied below. This proposed MOA offers an alternative pathway to the recognition of our league, which is based on the TT Pro League model, which is:
 
1. The ten (10) member clubs of TT Pro League are directly affiliated to the TTFA and are full members of TTFA.

2. These ten (10) member clubs are collectively recognized as TT Pro League, an autonomous league within TTFA, with representation in the TTFA Constitution and General Meeting.
 
Accordingly, TTSL is of the view that the recognized and established TT Pro League model should applied to TTSL as follows:
 
1. The current twenty-two (22) member clubs of TT Super League are already directly affiliated to TTFA and are full members of TTFA.

2. These current twenty-two (22) members clubs should be collectively recognized as TT Super League, an autonomous league within TTFA, with representation in the TTFA Constitution and General Meeting.

3. An MOA should be signed between TTFA and TTSL Limited, the legal representative of the twenty-two (22) TTFA members which currently comprise TTSL.
 
Please note that TTSL is NOT requesting TTFA membership for its administrative and commercial arm, TTSL Limited,  but for recognition of TTSL as an autonomous, second tier league within the hierarchy of Trinidad and Tobago football, which is legally represented by TTSL Limited.
 
TTFA officials have repeatedly stated the Association’s readiness to approve TTSL. Therefore, TTSL members await TTFA’s urgent response.
 
Keith Look Loy
TTSL

Below is the entire proposed MOA.

Memorandum of Agreement

This Agreement is made and effective from on xx of xxxx 2017

Between

1. The Trinidad and Tobago Football Association (‘TTFA’), a body corporate established under Act No. 17 of 1982 under the Laws of the Republic of Trinidad and Tobago, which is responsible for the regulation, control, conduct and promotion of football in Trinidad and Tobago.  It is a member of both the Confederation of North, Central America and Caribbean Association Football (‘CONCACAF’) and Fédération Internationale de Football Association (‘FIFA’) on the one part; and

And

2. Trinidad and Tobago Super League Limited, a company incorporated under the Companies Act, Chap. 81:01 of the Laws of the Republic of Trinidad and Tobago to represent the interests of the twenty-two (22) football clubs listed in Schedule 1, which is annexed to this Agreement, and which are full members of the TTFA that played in the 2016 TTFA National Super League (‘TTSL’) on the other part.

By which IT IS AGREED:

FOUNDING PRINCIPLES OF THIS AGREEMENT
 
1.1 - The Trinidad and Tobago Pro League (‘TT Pro League’) is the first tier of league football in Trinidad and Tobago.
 
FIFA has mandated TTFA to establish a properly constituted second tier of league football in conjunction with the clubs of the TTFA National Super League.
 
1.3 - The Trinidad and Tobago Football Association (TTFA) recognizes the Trinidad and Tobago Super League (TTSL), which comprises the clubs that played in the TTFA National Super League, as listed in Schedule A appended hereto. 
 
4. TTFA and TTSL mutually recognize each other and agree to work together to improve and develop the game of football in Trinidad and Tobago.
 
5. TTFA recognizes Trinidad and Tobago Super League Limited (TTSL Limited) as the sole legal, administrative and commercial representative and arm of TTSL, the full member clubs of which are the sole shareholders in TTSL Limited, as outlined in the company’s by-laws.
 
PURPOSE OF THIS AGREEMENT
 
1. The purpose of this Agreement is to establish the terms and conditions under which the TTSL member clubs will establish and manage their own football competitions, in accordance with requirements of the TTFA Constitution.
 
TERMS AND CONDITIONS OF THE AGREEMENT
TTFA hereby agrees with TTSL Limited and recognizes that:

1. TTSL is the second tier of league football in Trinidad and Tobago;
 
2. TTSL is an autonomous football league comprising the clubs listed in the attached Schedule 1, as may vary from time to time through the system of relegation from or promotion to TTSL;
 
3. Promotion and relegation between TTSL and Regional Association football will take place by way of the annual TTFA Champion of Champions tournament for Regional Association champions;
 
4. TTSL member clubs are solely responsible for the establishment and management of the League competition, the League Cup competition and any other competition they may choose to establish;
 
5. TTSL member clubs retain their status as full members of TTFA, directly affiliated to the TTFA;
 
6. TTSL replaces the TTFA National Super League in the organizational structure and Constitution of the TTFA;
 
7. TTSL Limited is the administrative and commercial arm of TTSL, solely responsible for the management of the TTSL;
 
NO VARIATION
 
1. This Agreement may not be unilaterally abrogated or amended, and may be altered only by mutual consent of TTFA and TTSL Ltd. 
 
2. Any changes, modifications, revisions or amendments to this Agreement, which are mutually agreed upon by and between TTFA and TTSL Ltd, shall be incorporated by written instrument, and become effective when executed and signed by authorized representatives of both parties to this Agreement.
 
GOVERNING LAW
 
1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago.
 
NO PARTNERSHIP OR AGENCY
 
1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party
 
7.0 - ENTIRETY OF AGREEMENT

7.1 - This Agreement hereto constitutes the entire Agreement between the contracting Parties in connection with the subject matter hereof, and supersedes any previous discussion, agreement, statement, representation, understanding or undertaking whether written or oral given or made before the effective date of this Agreement relating to the subject matter.
 
SEVERABILITY
 
1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement
 
2. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision
 
WAIVER
 
1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
 
RIGHTS AND REMEDIES
 
1. All rights granted to either of the parties shall be cumulative and the exercise by either of the parties of any right under this Agreement shall not restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it
 
THIRD PARTY RIGHTS
 
11.1  - Except where expressly provided to the contrary, this Agreement is not intended to be for the benefit of, and shall not be enforceable by any person who is not specifically named at the date of this Agreement as a party to it, and neither party can declare itself a trustee for the benefit of a third party.
 
DISPUTE RESOLUTION
 
1. The parties acknowledge and agree that they shall adopt a policy of trying to reach settlement of all matters at issue between them by an amicable process of negotiation and mediation.
 
2. Any and all claims, controversies, disputes arising out of or in connection with this Agreement and which remain unresolved after direct negotiation with the parties, including any question regarding its existence, validity or termination, the Parties agree to submit the dispute to Mediation, and any signed resolution arrived at in Mediation shall be binding upon the Parties. In the event that the Parties cannot agree a Mediator, such Mediator shall be appointed by the Chairman of the Dispute Resolution Centre of Trinidad and Tobago.
 
3. If either party fails or refuses to agree to or participate in the ADR procedure or where the Parties fail to arrive at a resolution in Mediation within 10 days of the commencement of such Mediation or in any event the dispute is not resolved within 60 calendar days after it has arisen, either party may, by notice in writing, inform the other party of its intention to pursue any other remedies that may be available to it, provided that no such conduct, statements, promises, offers, views and opinions expressed during the course of the mediation shall be used in any subsequent litigation proceedings.
 
4. Both parties reserve all their respective rights in the event that no agreed resolution shall be reached in the ADR procedure, and neither shall be deemed to be precluded from taking such interim formal steps as may be considered necessary to protect such party’s position or to preserve any legal right or remedy while the mediation or other ADR procedure is pending or continuing.
 
AS WITNESS whereof this Agreement has been signed on behalf of the parties.
 
SIGNED BY DAVID JOHN WILLIAMS
PRESIDENT and duly authorized representative of 
TRINIDAD AND TOBAGO FOOTBALL ASSOCIATION in the presence of: 
 
SIGNED BY KEITH LOOK LOY
DIRECTOR and duly authorized representative of 
TRINIDAD AND TOBAGO SUPER LEAGUE LIMITED in the presence of:
 
Title of Witness
Secretary Trinidad and Tobago Super League Limited
 
Name of Witness
Camara David
 
SCHEDULE 1

List of Clubs
 
Barrackpore United FC
Bethel FC
Central 500 Spartans FC
Club Sando
Cunupia FC
FC Santa Rosa
Guaya United FC
Marabella Family Crisis Centre
Matura Reunited FC
Petit Valley United FC
Petrotrin Palo Seco Sports Club
1976 Phoenix FC
Prisons FC
Queen’s Park Cricket Club
Real Maracas FC
Saddle Hill Hotspur FC
Siparia Spurs FC
Defence Force FC
Police FC
University of Trinidad and Tobago
WASA FC
Youth Stars FC