Is this an attempt by FFV to appease the rebel clubs?

http://admin.footballfedvic.com.au/fileadmin/user_upload/Communications/NPLV/9_AUGUST_2013_FFA_SAP_NPL__2_.pdf

9 AUGUST 2013
FFA CONFIRMS VICTORIAN NPL CLUBS GIVEN PRIORITY TO RUN SKILL ACQUISITION PROGRAMS
Victorian NPL clubs will be given priority to run and manage officially recognised Skill
Acquisition Programs (SAP) for the most talented 9-12 year olds from all community clubs.
Details on how it will operate including gala days where these players can compete against
other NPL clubs are being worked through by FFV and FFA.
A key aspect of SAP is to perfect and accelerate the skill development of identified players at
the critical ‘golden age’ of motor leaning.
The fully FFA accredited programs are taught by qualified coaches and adhere to FFA’s
national curriculum.
This age group is universally acknowledged to be the optimal mental and physical phase in
which boys and girls are able to learn motor skills.
SAP programs run by NPL clubs will provide players with the necessary technical tools to be
able to play the game at the highest possible level. The focus is on functional game skills as
opposed to ‘tricks’.
Currently a lot of development programs for these age groups are too focussed on results
instead of skills. At the world’s top level the most skilful players decide the outcome of
games, not the biggest, strongest and fittest. That is why official SAP run at NPL clubs will
ensure the most talented young players from all clubs are developed into match winning
players for their clubs and, ultimately, for Australia.
Tim Frampton, State Manager NPL will work with licensed NPL clubs to ensure their
coaching frameworks provide the appropriate level of FFA accreditation and to shift the
development focus to long term winning .
Applications for NPL in Victoria close strictly at 5pm Friday 16 August and licences will be
announced September 30.

lol taking legal action

Strange press release, I thought this was already in the nplv proposals? Given ffv have been running the sap program, what have the ffa got to do with it? I think the club issue is with not being able to run the ssf teams. I think nsw npl clubs also run the sap program.

The SAP backflip is because the FFV has just realised they have only 4 metro clubs in the EOI process

FC Bulleen Lions
Werribee City
Sunshine George Cross - Offshoot Enitity
Nunawading City - Offshoot Entity

....& at best 2 consortia with no direct club relationship remaining.


The FFV will halt their process ....because they have just changed the Criteria...they do not have enough clubs

Get Richmond back in there and jam the NTC in, youth teams from Heart and Victory (oops, sorry, already mentioned NTC), and we've got a magnificent competition ready to go... :oops:

http://ffvmedia.s3.amazonaws.com/ClubsRelease6FFVMedia090813.pdf

Response from the Co-signatory group

Like the addition of the ffv core values in their statement ....

Victory fund and fully run our own NYL team as of last season.

Isn't Brunswick City still in the EOI process?

They don't count,
-As the FFV doesn't even contact them
-Their council has already told them they can't apply for NPL

So count them out

8 August 2013 – UPDATE No: 6

To All Clubs & Co-Signatories – Release to Media & FFV

To All Co-Signatory Clubs & EOI Submitters

Today the FFV in their desperate attempt to lure clubs to submit applications have informed EOI participants that they may receive ‘priority with SAP’ if they apply for their NPL model.

Instead of suspending the process to deal with the clubs’ concerns, they are making changes at the last minute, under pressure of a looming deadline.

First, the invitation to submit ‘non conforming bids’ and now this, ‘priority with SAP’.

We again call upon the FFV to respect the concerns of its clubs and act as its mandate requires it to do; in the best interests of the game.

Suspend the process for the current clearly unworkable and changing model and talk WITH the clubs not AT them.

We’d like to remind the FFV of their core values (extracted from footballfedvic.com.au)

FFV CORE VALUES
Unity - Victorian football stakeholders will work together to deliver a shared vision and purpose for the growth and health of the game.
Pride - We are proud of the organisation we work for and bring infectious enthusiasm in pursuit of our vision for football.
Integrity - The affairs of the FFV will be unconditionally embedded in honesty and fairness.
Respect - We will treat others the way we expect to be treated. We will also earn respect through becoming a positive and powerful force capable of delivering meaningful sport and social outcomes within the broader community.
Openness - We will engage and communicate transparently with the football family and listen with open-mindedness. Performance - We will strive for service and business excellence off the field and inspired results on the field for Victorian clubs, players, coaches and referees.

We’d like to commend all of the now 48 clubs/associations for taking the difficult but principled decision to stand together and try and achieve a successful NPL model for Victoria. It’s not only a historic stand, but such a vast number of clubs representing a wide cross section of Victorian football demonstrates the concerns that we all hold for the current model are valid and justifies our stance.

For the handful of clubs remaining in the EOI process, we advise you to obtain legal advice regarding the concerning provisions in the Licence Agreement and the Participation Criteria you have received from the FFV before proceeding.

Our united position on the NPLV
1. We are all committed to a successful NPLV model rollout in 2014 which works for both community and NPL clubs
2. The NPLV should be financially viable for all clubs, modelling by clubs reflects otherwise.
3. That the NPLV be introduced after proper consultation with the clubs and after taking genuine account of their concerns.
4. To date the FFV has not properly consulted the clubs but rather has merely informed us of how its proposed model will operate. Even the peak Council body that represents all councils, Parks Leisure Australia, in a letter attached to all clubs last Monday made reference and supported all of these similar concerns about the FFV's approach and failure to properly consult.
5. We are united and determined to work for the good of the game in Victoria. It is unprecedented in Australia that 48 (as at 8 Aug) clubs/association have come together in a united way.
6. No one can reasonably argue that the NPLV could proceed viably, let alone succeed, without the participation of the top 30-40 clubs in Victoria at all levels: Men, Women, Junior Boys and Girls.
7. The 48 clubs are all run by volunteers who have no personal financial interest in any of these issues and are working for a viable NPLV model. The contribution and legacy of all these clubs, large, small and everything in between, should be recognised, respected and preserved. That will not happen under the proposed model.
It's disappointing that we need take to task the organisation that we fund. We will succeed and do so in readiness for a new NPLV model in 2014.

Next Steps

1. Our Co-signatory group has instructed GPZ Legal to commence court action. GPZ Legal Partner, Nick Galatas, will be the solicitor responsible for this action. GPZ Legal has already briefed eminent sports law barrister Paul Hayes to assist us. Court Documents will now be prepared and filed in the Supreme Court. We will keep you abreast of developments in our regular Updates.

2. All the co-signatory clubs will convene on Monday 26 August 2013(Venue TBA) to agree on the minimum requirements to be contained for the “New NPLV” model for 2014. It is intended that after this meeting we will consult with the FFV in relation to the implementation of the new model.

On behalf of the 48 Co-signatory Clubs

I agree that the FFV haven't provided enough financial support to the Clubs but having 60-70% of revenue come from registration fees is ridiculous. You always see people complaining that clubs are operating off the back of juniors yet everyone seems to be supporting the clubs here who are doing it.

Personally the cap on registration fees is a good idea, and to be honest I don't see an issue with the cap on players at a club. It may not be terrific at first but the basic idea would be that it spread the talent out, and fosters the development of new clubs and junior systems. They did it here in SA a while ago and it's slowly helped build new clubs and spread players around, and whilst in the past some clubs used to just throw all their excess players in a second team they now have to focus much more heavily on developing all the players at their club.

I mean the FFV may be stuffing this up and really going about it in the wrong way but the clubs are hardly blameless.

NPLV clubs are expected to organise SAP programs as part of the Participation Agreement.

In NSW the SAP program can cost upto $1500, I also beleive they have SAP Gala Days.

well i have been telling everyone on this forum for years $2500.00 up here.

I understand the problem is the clubs are doomed to run at a deficit of over 100 grand a year. So what is it that is different from the NSW and other models that could make up such a deficit?

If the problem is solely capping the juniors at $1500 then surely that wont be enough to make up the loss, how much do they want to be charging juniors, or how much do they charge now?

That's right TJWhalan, its the fact they are doomed to run deficits and then its items like this :


6. BANK GUARANTEE
(a) FFV may, in its absolute discretion, by notice in writing to the Club at any time during the Term require the Club to arrange for the issue of an unconditional and irrevocable bank guarantee by a bank authorised to carry on banking in Australia in favour of FFV for an amount specified by FFV to secure performance by the Club of its obligations under this Agreement.
(b) the Club must ensure that any bank guarantee issued in compliance with clause 6(a) is issued within the time specified by FFV and that it is kept current and enforceable and will not expire until at least three (3) months after the expiration of the Term.

and (from the Licence Agreement)......


Non performance clause

If the Club does not perform any obligation contained in or incorporated into this Agreement FFV may, without prejudice to any right, perform that obligation and FFV’s costs of performing that obligation will be a debt due and payable by the Club to FFV on demand

here's another reason why the clubs are saying 'NO' .....

FFV Commercial Rights
(a) FFV owns and retains all rights associated with the Competition including, the exclusive right to commercially exploit:
(i) Broadcast Rights;
(ii) Competition Partners;
(iii) Licensing and merchandise program of the Competition including the exclusive right to appoint licensees to develop Licensed Product;
(iv) Gaming Rights;
(v) Mobile Applications;
(vi) Match Statistics; and
(vii) Website Rights;
(b) the Club must provide FFV and the holders of its Commercial Rights access to the Venue and facilities free of charge to facilitate exploitation of the Commercial Rights.
(c) the Club must not exploit any Commercial Right itself and must not grant to any person the rights referred to in clause 7.1(a).
(d) For the avoidance of doubt, any rights not expressly granted to the Club under clause 7.2 are retained by FFV.

and.....


INTELLECTUAL PROPERTY
(a) the Club:
(i) grants to FFV a perpetual, irrevocable non-exclusive licence to use and reproduce the Club Property including for marketing and promotional purposes and the exploitation of Commercial Rights;

..and another


the Club acknowledges that:

(i) all right title and interest in and to the Competition Property belong and will belong to FFV and that, except as expressly provided by this Agreement, the Club has not and will not acquire any rights in or relating to the Competition Property whether in the nature of goodwill, reputation or otherwise; and

(ii) all goodwill and reputation arising from use of the Competition Property by the Club whether before, on or after the date of this Agreement, has endured and will endure to the benefit of FFV.

.....here's another one

Indemnity

The Club agrees to indemnify FFV and FFA and keep FFV and FFA indemnified (including their directors, officers, employees and agents) against all actions, claims, losses, damages and expenses howsoever arising that FFV and/or FFA may directly or indirectly sustain or incur as a result of this Agreement

so....
its not just a question of clubs running deficits
the Licence and Participation documents are so one sided...its no even funny....that's why no one is signing them

All the risks, responsibilities, rest on the clubs
The documents say... that they have the right to take clubs off us at anytime
Then these clowns want $55,000 up front for the privilege
No Marketing Plans
No Broadcasting income (that would be the day)
They want to reintroduce a zonal system that has failed already (got canned last Dec)

and everyone wonders why the clubs are up in arms....
Clubs going insolvent is just one of the issues.....


oh forgot to add....
Everyone has been warning them to listen to their constituents and take on board their concerns and change the model....these constituents are the people that pay the FFVs salaries, rents & feed their families.....and they have the nerve to look down at everyone and ignore and brush a side their valid & important concerns.

Its Unbelievable !!!

Edited by troy5: 10/8/2013 08:27:53 AM

Edited by troy5: 10/8/2013 08:32:49 AM

What are the legal grounds that the clubs are challenging ?

Those questions are always best left for the legal experts.....certainly not my expertise

We will all get an idea, no doubt very shortly, via the Supreme Court

Putting a limit on 'A' - the amount you can charge - is one element.

Putting a limit on 'V' - the volume of kids you can have in the system - is another.

Income from registrations is A x V.

The problem with the FFV program is that BOTH A and V are capped... As is 'J' - the number of junior players that can be registered (J = zero, by the way).

The revision to the SAP is to help out with J, but the clubs would like to retain their junior set up as is.

Divide and rule is what happened in Qld. All of the Brisbane premier clubs withdrew expressions of interest because of the lack of a sustainable financial model, limits on jnr member numbers, restrictions on fees to be charged.

FQ just got the clubs in the geographical areas that they wanted and did private deals outside of the original tender documents and surprise, they all got the gig.

The jnr fees have all risen from about $650 in the previous year to in some cases over $1700 to play in the same team.

Deals will be done and clubs will look after there own interest and not the wider football community.

Furthermore....for anyone arguing that the FFV will have legal problems with the applicants if they halt the current process.....
WRONG....read below

8. Liability
Neither FFV, nor its respective officers, Directors, employees, contractors or agents, will be liable (in contract, tort, equity or otherwise) for any direct or indirect damages, losses, costs or expenses (including wasted costs, loss of profits or loss of business opportunity) incurred by an Applicant or any other person and arising in any way in connection with its submission of an application including in connection with: b) the preparation of a submission
a) the evaluation of a submission
b) any investigations of or by an Applicant
c) the rejection or refusal of a submission
d) the variation, suspension or cancellation of the Application Process or e) any information given or not given to an Applicant

k) By submitting an application (or any part thereof) an Applicant waives any rights it may have to make a claim against FFV, or its respective officers, Directors, employees, contractors, agents or advisers arising out of or in connection with the Application Process.

so...... the FFV can halt the process AT ANY TIME AT NO COST TO THE FFV

I think you underestimate the level of solidarity between these clubs. I've heard stories from the most recent club meeting that blew my mind - club presidents of long time rivals standing up and offering to put the future of their club in the hands of a 'rival' president.

You're on the money Benjamin, you have good sources.

At the same meeting (and then the following 2 days)clubs have pooled over $100,000 to fund their case against the FFV at the Supreme Court.
That's how unified they are....and they all have had enough of a service provider (FFV) that has forgotten what their principle role is

I am sure you are much better placed than me to judge the togetherness of the clubs but dont be surprised if the dam breaks.

The clubs have put down money to fight in The Supreme Court.

As my father used to say....'never judge by what people say.... But how they act'

The clubs have ACTED...... Bless their souls