HomeMy WebLinkAboutResolution - 2022-R0407 - MOU with United Supermarkets for Lubbock Mayor's MarathonResolution No. 2022-RO407
Item No. 5.15
September 27, 2022
RESOLUTION
WHEREAS, the City of Lubbock, the Lubbock Mayor's Fitness Council, and
United Supermarkets (the "Parties") have organized and supported an event, namely the
Lubbock Mayor's Marathon, Half, Relay & 5K (the "Event") to provide a recreational
activity and further to promote physical fitness awareness for the residents of Lubbock and
the surrounding area; and
WHEREAS, each of the Parties has assumed certain responsibilities in connection
with the Event as set forth in a certain "Memorandum of Understanding" attached hereto
as Exhibit "A", and further desires to continue to undertake said activities for a term
expressed therein; and
WHEREAS, the City Council of the City of Lubbock, in the interest of the health,
safety, and welfare of the residents of the City of Lubbock and the Event participants, and
in enthusiastic support of the Event, desires to provide certain resources from City
departments to include Lubbock Fire Rescue, Lubbock Police, Parks and Recreation,
Emergency Management, and other City resources in support of the Event.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Mayor of the City of Lubbock is authorized and directed to execute the
attached Memorandum of Understanding by and between the City of Lubbock, the
Lubbock Mayor's Fitness Council, and United Supermarkets, pursuant to which the City
of Lubbock would provide certain in -kind services in support of the Lubbock Mayor's
Marathon, Half, Relay & 5K as set forth therein, as well as any other necessary documents
in furtherance of the Event.
Passed by the Lubbock City Council on this, the 27th day of September, 2022.
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T Y PAYN AYOR
ATTEST:
Rebe ca arza, City S cret
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPRO ED O
Mitche S erwhite, First Assistant City Attorney
Resolution No. 2022-R0407
Memorandum of Understanding
August 18, 2022
Parties to the understanding
Event Organizer: Lubbock Mayor's Fitness Council
Title Sponsor: United Supermarkets
Event Co -Organizer: City of Lubbock
Period of understanding: September 1, 2022 - April 30, 2025
Event: Lubbock Mayor's Marathon, Half, Relay & 5K
Background:
The Lubbock Mayors Marathon - a registered 501(c)(3) has previously held its marquee
event in 2018, 2019, and 2021. For each of those three years United Supermarkets has been the
title sponsor and the City of Lubbock has provided immense support facilitated through the
Emergency Management department. As a condition to entering in to a three-year title
sponsorship with United Supermarkets effective for the 2023 event, all parties are agreeing to
continuing the commitments and responsibilities.
Lubbock Mayor's Fitness Council:
As the organizer, LMFC is responsible for the execution of the event. At least one
delegated member of the organization will serve as the primary contact to the City of
Lubbock and attend all meetings.
United Supermarkets:
Committing to providing the resources and support as listed in the title sponsorship
agreement.
City of Lubbock:
Committing to continue working with LMFC to ensure a safe and successful event.
Agrees to provide the necessary resources including: officers, collaboration with all
involved departments (Parks & Rec, Fire, EMS, Police, Emergency Management, etc.).
Lubbock Mayor's Fitness Council
PROVISIONS
FORCE MAJEURE
Any delays in or failure of performance of either party shall not constitute default or
give rise to any claim for damages if and to the extent caused by or resulting from acts of
God, earthquake, fire, explosion, flood, the elements, strikes, lockouts, boycotts,
picketing, labor disturbances or differences with workers, acts of the public enemy, war,
rebellion, riots, acts of the government (federal, state, or municipal), or any cause
whatsoever beyond the control of the party in default, but performance hereunder may
be resumed with all dispatch as soon as the cause preventing performance has been
removed.
INDEMNIFICATION
The parties agree not to claim against each other for losses arising from this MOU,
including claims arising from subcontractors hired as staff for the premises, except to the
extent that any such claim, suit, loss, damage, cost, fee, or expense is attributable to any
negligence of the other party. The only remedies available for unresolved conflicts about
this MOU shall be those informal means as identified in CONFLICT RESOLUTION..
CONFLICT RESOLUTION
In the event that any dispute relating to this MOU cannot be resolved by settlement
between the parties, the parties shall attempt to resolve all disputes through informal
means. This may include mediation, arbitration, or any other procedures upon which
the parties agree.
ENTIRETY OF UNDERSTANDING
This MOU contains the final and entire understanding between the parties, and all
future projects or agreements shall be in a separate writing based upon mutual
agreement of the parties, and neither the parties nor their agents shall be bound by any
terms, conditions, statements, warranties, or representations, either oral or written, not
herein contained.
[END OF PROVISIONS]
Authorizing signatures
LMFC Date: l�5 a�-
United JL-?V� Date: I 2 U�
Lubbock Mayor's Fitness Council
City of Lubbock
Lubbock Mayor's Fitness Council
Date: I 20 7.2