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HomeMy WebLinkAbout13777 RESOLUTION NO. 13777 A RESOLUTION APPROVING AND RATIFYING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE CITY OF CHIHUAHUA, STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement dated April 28, 2017 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 to implement the policies and procedures described herein. SECTION 3. This Resolution shall become effective upon passage and approval. INTRODUCED September 11, 2017 BY: Ed Brown City Clerk’s Office Item # M-10 Background Paper for Proposed RESOLUTION COUNCIL MEETING DATE: September 11, 2017 TO: City Council President Stephen G. Nawrocki and Members of City Council VIA: Gina Dutcher, City Clerk FROM: Sam Azad, City Manager SUBJECT: A RESOLUTION APPROVING AND RATIFYING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE CITY OF CHIHUAHUA, STATE OF CHIHUAHUA OF THE UNITED MEXICAN STATES 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 public safety. 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: Council Member Larry Atencio and the Pueblo Sister Cities Commission recommend approval of this Resolution and the Cooperation Agreement. Attachments: Proposed Resolution and Agreement 44 ` PUEBLOCHIHUAHUAS Juntas,una major ciudad CORIIRNO MUNICIPAL 2011 1013 SISTERHOOD AGREEMENT BETWEEN THE MUNICIPALITY 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 Municipality 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 Sates of America, hereinafter referred to as "the Parties"; ,ie' CONSIDERING their interest to develop cooperation activities that benefits their own communities; RECOGNIZING that international cooperation is one of the factors favorably affecting the solution of problems affecting their respective communities; EXPRESSING their decision to deepen their cooperative relations through an adequate legal framework that allows them to share experiences in matters of local public administration; CONVINCED of the importance of establishing mechanisms and professional schemes that contribute to the development and strengthening of the bilateral cooperation framework, as well as the need to implement projects and activities that have an effective impact on the economic and social progress of the Parties; Have agreed to the following: ARTICLE I Objective 2 The objective of the present Agreement is to formalize the sisterhood between the Municipality 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, to intensify their friendship, promote experience exchanges, and the execution of common activities in the field of comparative public administration. 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 public security. :� ARTICLE III Modalities of Cooperation The Parties agree that the actions of cooperation shall be carried out through the following modalities: COMMERCE To promote the organization and participation in commercial events, as well as to encourage commercial visits, with the purpose of exposing the competitive and geographical advantages of the Parties. Promote cooperation between products and local business chambers, in addition to the exchange of each Party's regional products. 3 To organize entrepreneurial seminars for the enrichment of entrepreneurial culture, applying the best practices of the Parties. EDUCATION To promote programs of cooperation between their respective educational institutions, at all levels, and encourage the establishment of programs that promote cultural exchange. To promote the academic exchange, both of students and teachers of the various educational institutions at all levels, both public and private, to promote cultural, historical and language exchange. CULTURE To promote collaboration between the Parties in order to disseminate their respective cultural heritage, with the purpose of carrying out a formal, professional and institutional exchange of information related to the history and customs of each one of them. To promote the exchange of cultural, musical and theatrical exponents, among others, with the purpose of promoting historical and cultural exchange. TOURISM To exchange information and promot of the main tourist attractions of each one of the Parties, in order to increase the tourist flow between both. SPORTS 4 To organize friendly tournaments in the different disciplines practiced by each of the Parties, with the participation of the representative selections in all categories, as well as to realize programs of preparation and training for local athletes. Identify equipment and sports equipment that could be donated by the Parties. PUBLIC SAFETY To promote training, advice on best practices, courses and coaching, with the purpose of acquiring new techniques and methodologies to optimize the police and fire services, as well as promote donations of equipment for these sectors. ARTICLE IV Competences The Parties commit themselves to carry out the modalities of cooperation referred to in Article III of the present Agreement, in accordance to their respective authority, subject to the political and economical laws and regulations of their respective Governments. 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), which shall become an integral part of the present Agreement once they are formalized. 5 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 normatives, or customs. ARTICLE VI Collaboration of Additional Proposals Notwithstanding the Annual Action Program referred to in Article V of the present Agreement, each Party may formulate additional proposals, as they may arise during the implementation of activities predetermined through the AAP. C,P4i) ARTICLE VII Coordination and Follow-Up Mechanism In order to establish a mechanism and criteria for the coordination, supervision 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 : For the Municipality of Chihuahua, of the State of Chihuahua of the United Mexican States: the Chihuahua Sister Cities Department of the Economic and Tourist Development Direction. For the City of Pueblo, of the State of Colorado of the United States of America the Pueblo Sister Cities Commission. 6 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 interest in order to formulate specific cooperation projects; 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 ! t 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 applicable legislation. Each Party shall pay the expenses related to its participation, except in the case that alternate financial mechanisms may be used for specific activities, if considered appropriate. ARTICLE IX 7 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 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 the adequate 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, 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. ARTICLE XI Intellectual Property 8 If as a result of the activities carried out in accordance with this Agreement, products of commercial value and/or rights of intellectual property are generated, these products shall be regulated by applicable national law, 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 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 relation 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 )61 involved in the projects derived from the present Agreement. Such participants shall be 'SO subject to the immigration, tax, customs, sanitary and national security laws of the receiving country and may not undertake in 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 a 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 . 9 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 indefinitely . 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 termination of the present Agreement shall not affect the completion of the activities, formalized while it was in effect. Signed in Chihuahua, Chihuahua, the 28th of April of 2017 of in two original copies in the Spanish and English languages, all texts being equally authentic. 10 FOR THE MUNICIPALITY OF FOR THE CITY OF PUEBLO, CHIHUAHUA, OF THE STATE COLORADO OF THE OF THE STATE OF CHIHUAHUA OF THE UNITED STATES OF AMERICA UNITED MEXICAN STATES • tainina Lar ifencio Maria ugenia Campos Galvan Council Member of the City of Pueblo, Mayor Colorado