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HomeMy WebLinkAbout13038RESOLUTION NO. 13038 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE CITY OF CHIHUAHUA, STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated August 25, 2014 between Pueblo, a municipal corporation and the City of Chihuahua, State of Chihuahua, United Mexican States, a copy of which is attached hereto (“Agreement”) having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Agreement which are necessary or desirable to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED: August 25, 2014 BY: Eva Montoya COUNCILPERSON City Clerk’s Office Item # M-9 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 25, 2014 TO: President Sandra K. Daff and Members of City Council VIA: Gina Dutcher, City Clerk FROM: Sam Azad, City Manager SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE CITY OF CHIHUAHUA, STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a proposed Resolution approving a Cooperation Agreement between the City of Pueblo and Pueblo’s Sister City, the City of Chihuahua. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Pueblo and the City of Chihuahua have been Sister Cities for many years. In the attached agreement, both cities formally agree to cooperate in the areas of commerce, education, culture, tourism, sports and security. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: This Resolution is supported by the Pueblo Sister Cities Commission. STAKEHOLDER PROCESS: The City has cooperated with the Pueblo Sister Cities Commission in the preparation of the agreement with the City of Chihuahua. ALTERNATIVES: The Cooperation Agreement strengthens the ties between the City of Pueblo and the City of Chihuahua. The City can maintain informal contact with the City of Chihuahua without the agreement. RECOMMENDATION: The Pueblo Sister Cities Commission recommends approval of this Resolution and the Cooperation Agreement. Attachments: Proposed Resolution and Agreement chir UAi1UA SISTERHOOD AGREEMENT BETWEEN THE CITY OF CHIHUAHUA OF THE STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES AND THE CITY OF PUEBLO OF THE STATE OF COLORADO OF THE UNITED STATES OF AMERICA The city of Chihuahua of the State of Chihuahua of the United Mexican States and the City of Pueblo of the State of Colorado of the United States of America; hereinafter referred to as "The Parties"; CONSIDERING their interest to strengthen the friendship ties and cooperation that join both Parties; ACKNOWLEDGING that both cities have the intention to develop collaborative activities, under the law provisions of the United States of America and the United Mexican States, with particular attention to the terms related to business exchange, commerce, culture and craftsmanship; DECLARING their decision to strengthen their relationship of collaboration through the proper legal channels; CONVINCED of the importance of establishing mechanisms that contribute to the development and strengthening of bilateral cooperation, as well as the need to execute projects and actions that are effective in the commercial and social development of both Parties; Have agreed to the following: ARTICLE I The objectives of the present Agreement is to formalize the sisterhood between the City of Chihuahua, Chihuahua of the United Mexican States and the City of Pueblo, Colorado of the United States of America, to foster agreement and understanding between them and the institutions in their respective territorial areas, to intensify 1 -9 C"riItlUAl1UA PU) fy common efforts, and to promote the exchange of the experiences and execution of common activities. ARTICLE II Areas of Cooperation To reach the objective of the present Agreement, the Parties commit themselves to develop cooperative projects, specifically directed, but not limited to the following areas: commerce, education, culture, tourism, sports and security. ARTICLE III Modalities of Cooperation The Parties agree that the actions of cooperation which are referred to in the present Agreement shall be carried out through the following modalities: COMMERCE - To cause the organization and the participation in events of both cities like: commercial missions, enterprise exhibitions, fairs, seminars and forums where the original products and services of both cities are exposed, with the purpose of increasing the flows of goods and services. - Promoting cooperation between local business and chambers, with the intention of exchanging each parties regional products. - To organize entrepreneurial seminars for the enrichment of entrepreneurial culture, applying the best practices of both cities. 2 -9 AYUNIAYICNTO ie t 3 CHIHUAHUA PUE '' EDUCATION - To Promote programs of cooperation between their respective educational institutions, at all levels and encourage the establishment of programs that foster cultural exchange. - Promote academic exchange of students and teachers of various educational institutions at all levels, both public and private, to promote cultural, historical and language exchange. CULTURE - Promote collaboration between the Parties to spread their respective cultural heritage, in order to conduct a formal, professional and institutional exchange of information regarding to their respective history, customs. - Promote the exchange of cultural, musical, theatrical exhibitors, among others, in order to promote the historical and cultural exchange. TOURISM - Promote tourism between each Party to promote the knowledge of places, of interest culture and idiosyncrasies. - To exchange information on the diffusion and promotion of the main tourism attractions of both cities, in order to increase the dynamic in this branch of the economic activity 3 -9 Y CHIUUAl1UA --� SPORTS - To organize friendly matches of the different sport disciplines in both cities counting on the participation of representative teams of all categories. - Also develop training programs for local athletes - To identify sportive equipment and material that may be donated by a Party to the other PUBLIC SAFETY - To generate an extensive knowledge and experience exchange in comparative public administration matters - To promote best practices consulting and training courses with the purpose of acquiring new techniques and methodologies that will help to optimize the police and fire services, donations of equipment for these sectors is also encouraged. ARTICLE IV Competence The Parties commit themselves to carry out the modalities of cooperation, referred to in Article Ill of the present Agreement, in accordance to their respective faculties, subject to the political and economical regulations and directives of their respective Governments. 4-9 AVUNTAMICNTO CHIHUAHUA PUE 1:;L r ARTICLE V Annual Action Programs In order to achieve the objectives of the present Agreement, the Parties agree to formulate, through prior discussion, Annual Action Programs (AAP's), wich shall become an integral part of the present Agreement once they are formalized. The operation of this Agreement shall not be conditioned to the signing Parties to establish projects in all the modalities of cooperation, nor are they obligated to collaborate in those activities where internal prohibitions exists or derived by law, institutional regulations, or customs. ARTICLE VI Collaboration of Additional Proposals Notwithstanding the AAP referred to in Article V of the present Agreement, each Party may formulate additional proposals, as they may arise during the implementation of activities of cooperation. ARTICLE VII Coordination and Follow-Up Mechanism In order to establish a mechanism for the coordination, supervision follow-up and evaluation of the activities carried out under the present Agreement, as well as to assure the best conditions for its execution, a Working Group, integrated by representatives of both Parties, shall be established and coordinating each Parties' activities the following areas: - On behalf of the City of Chihuahua, Chihuahua of the United Mexican States, is designated, Chihuahua Sister Cities Department, as the point of contact and liaison between both cities. 5 -9 • •", AYUNTAMIENTO . „ Vii' .►� LIIIHUAIVA PUE I.IL - On behalf of the City of Pueblo, Colorado, of the United States of America, is designated Pueblo Sister Cities Commission as the point of contact and liaison between both cities. The Working Group shall meet periodically in a location agreed upon by the Parties, in order to evaluate the activities derived from the application of the present Agreement. The Working Group shall have the following functions: a) Adopt the necessary decisions in order to carry out the objectives of the present Agreement; b) Identify the areas of common interests in order to elaborate and formulate specific projects of cooperation; c) Direct, organize and formulate relevant recommendations in order to fulfill the activities of the present Agreement; d) Receive, examine and approve the progress reports in the areas of cooperation within the present Agreement and, e) Any other functions that the Parties may agree upon. ARTICLE VIII Financing The Parties shall finance the activities referred to in the present Agreement with the assigned resources in their respective budgets according to the availability and terms of their legislation. Each Party shall pay the expenses related to its participation. Alternate financial mechanisms may be used for specific activities, if set forth in a separate written agreement, if considered appropriate. 6-9 • • k?°` '+-•, AYUNTAMIr NTO � � Cf11t1UAl1UA P UE iar ARTICLE IX Information, Material and Protected Equipment The Parties agree that information, material and protected equipment deemed as classified by national legislation for national security or foreign relation purposes of the country of either Party, shall not be subject to transfer within the present Agreement. When undertaking activities pursuant to this Agreement, any information, material and equipment which require or could require protection and classification is identified, the Parties shall inform appropriate authorities and establish in writing, the corresponding measures. The transference of information, material and equipment, which is not protected or classified, but which exportation is regulated by one of the Parties, it shall be done according to the applicable national legislation and should be identified, along with its intended use or subsequent transference, If any of the Parties consider it necessary, measures shall be taken to prevent the non- authorized transference or re-transference of such property. ARTICLE X International Instruments The cooperation referred to in the present Agreement shall not affect the rights and duties which the Parties have acquired regarding other international instruments 7 -9 • , �;Rj CiiihuahuA PU311 ., ARTICLE XI Intellectual Property If as a result of actions carried out in accordance with this Agreement, products of commercial value and/or rights of intellectual property are generated, these shall be determined by the applicable national legislation, as well as the International conventions, which are binding for the United Mexican States and the United States of America. ARTICLE XII Employment Relationship The personnel assigned by each Party for the execution of activities of cooperation derived from the present Agreement, shall continue under the direction and dependence of the institution to which he/she pertains, and shall not create any labor relationship with the other Party, which in no case shall be considered as a substitute employer. The Parties shall carry out the necessary procedures under their respective authorities in order to facilitate the entry and departure of participants who are officially involved in the projects derived from the present Agreement. Such participants shall be subject to the immigration, tax, customs, sanitary and national security laws of the receiving country and may not undertake any activity other than those pertaining to their functions, without the previous authorization of the competent authorities in this field. The Parties shall encourage that the personnel involved in such activities of cooperation have medical, personal damage and life insurance, so that, if damage results from such activities derived from the present Agreement, repair or indemnification shall be covered by the corresponding insurance company and not by the Parties to this Agreement. 8-9 • LMEWi.,,. UHIHUAMUA I > ARTICLE XIII Disputes Settlement Any difference or divergence derived from the interpretation or application of the present Instrument shall be resolved by both Parties in common agreement. ARTICLE XIV Final Provisions The present Agreement shall enter into force from the date of its signature and shall remain in effect for up to October 9th. 2016, and may be renewed for equal periods, by evaluation and acceptance by both Parties through written communication. The present Agreement may be modified by mutual consent of the Parties, by formalizing it through written amendments and specifying the date of its enforcement. Either of the Parties may, at any moment, terminate the present Agreement by a written notification given to the other Party ninety (90) days in advance. The anticipated termination of the present Agreement shall not affect the completion of the activities, formalized while it was in force. Signed in the city of Pueblo, Colorado the 29th of August of 2014, in four original copies in the Spanish and English languages, all texts being equally authentic. FOR THE CITY OF CHIHUAHUA, CHIHUAHUA FOR THE CITY OF PUEBLO, COLORADO OF THE UNTED MEXICAN STATES OF THE UNITED STATES OF AMERICA oka_,ICA./(14 ► G.JA �� � ''ASO GARFIO PACHECO ' SANDRA K. DAFF 'RESIDENTE PRESIDENT OF THE CITY COUNCIL 9-9