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HomeMy WebLinkAbout3917 Resolution - Cooperation and Friendship Agreement with State of Colima of United Mexican StatesRESOLUTION NO. 3917 A RESOLUTION approving a Cooperation and Friendship Agreement between the State of Colima of the United Mexican States and the City of Pasco, Washington, United States of America and authorize the Mayor and City Manager to execute the Agreement. WHEREAS, Somos Pasco, a community driven economic development plan produced by the Port of Pasco, identified the establishment of an exchange program with a Mexican community as a priority; and WHEREAS, the City of Pasco contains a sizeable resident population with roots and ries to the Mexican state of Colima; and WHEREAS, in 2018, the Pasco City Council authorized staff to explore the development of an exchange relationship with the State of Colima, Mexico; and WHEREAS, in March of 2019, the Governor of Colima sent the State Secretary of Economic Development, and the State Secretary of Social Development on an exploratory mission to Pasco; and WHEREAS, as a gesture of goodwill and cooperation, the Governor of Colima and Secretary of Economic Development sent Chef Jennifer Arana of Cervezeria Colima to Pasco as a culinary ambassador to the 2019 Pasco Cinco de Mayo Festival; and WHEREAS, in response to these events, a Pasco Steering Committee was formed to begin planning for implementation of various programs and projects identified in the Colima exploratory visit; and WHEREAS, in October 2019, a delegation of Pasco residents, technical experts, and city officials conducted a reciprocal exploration visit to the State of Colima, in order to understand the viability and feasibility of pursuing certain exchange projects; and WHEREAS, the Governor of Colima reaffirmed his commitment to enter into a Cooperation and Friendship Agreement to memorialize, in a legally non-binding manner, the relationship between the communities of Colima and Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco -Colima Cooperation and Friendship Agreement (Exhibit A) is approved as a guiding document for Pasco -Colima exchange projects and programs. Section 2. That the City of Pasco will work with other community partners to facilitate its successful implementation. Resolution - I Section 3. The Mayor and the City Manager of the City of Pasco, Washington, are hereby authorized and directed to sign the Cooperation and Friendship Agreement between the State of Colima of the United Mexican States and the City of Pasco, Washington, United States of America, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and to take all necessary steps required to complete this transaction. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting dated this 4th day of November 2019. Matt Watkins, Mayor ATTEST: Debra Barham, CMC City Clerk Resolution - 2 APPROVED AS TO FORM: Eric . erguson Attorney EXHIBIT A COOPERATION AND FRIENDSHIP AGREEMENT BETWEEN THE STATE OF COLIMA OF THE UNITED MEXICAN STATES AND CITY OF PASCO, WASHINGTON, UNITED STATES OF AMERICA The State of Colima of the United Mexican States, and City of Pasco, Washington, United States of America; hereinafter referred to as "the Coordinating Parties"; MOTIVATED by the will to strengthen the existing bonds of friendship and cooperation among the greater communities of both the Coordinating Parties; UNDERSTANDING the importance of exchanging experiences that contribute to strengthening activities related to economic, educational, health and cultural matters; and COMMITTED to fostering the development of specific cooperation programs in economic, educational, health and cultural matters; and IN CONSIDERATION OF the desire of the Pasco community to establish a cooperative partnership with a Mexican community, as identified in the Somos Pasco Economic Development Plan; and the expressed commitment of the government of the State of Colima to enter into such a partnership, as demonstrated and reinforced by exploratory delegation visits by both coordinating parties to Pasco and Colima; NOW THEREFORE the Coordinating Parties agree to the following: ARTICLE I Objective The purpose of this Agreement is to establish the coordinating framework for the Parties to carry out cooperation and exchange activities. ARTICLE II Areas of Cooperation In order to achieve the objective referred to in Article I, the Parties will carry out cooperation activities in the following areas: a) Economic Development and Trade; b) Primary, Secondary, Post Secondary Education and Training; Page] of6 Agreement Between Colima and City of Pasco c) Community Safety, Health, and Wellness; d) Arts and Culture, including Gastronomy or Culinary Arts; e) Facilitation of projects through Rotary International ARTICLE III Outcomes of Cooperation In order to achieve the objective of the present Agreement, the Parties may carry out the cooperation activities that include, but are not limited to the following modalities: a) Development of education exchange programs; b) Exchange of economic data for trade opportunities; c) Exchange of art, performance artists, and gastronomical or culinary experts and programs; d) Knowledge and experience exchange in community health and wellness initiatives; e) Import and export exchange of local and regional products; and f) Government to government exchange of programs, technical assistance and equipment. The execution of this Agreement will not bind the Parties to establish projects in all fields and areas of cooperation referred to in this Article. The Parties will not be obligated to collaborate in activities for which a prohibition exists, whether it is internal in nature, or derived from law, or custom. ARTICLE IV Steering Committees, Work Programs and Specific Collaboration Programs The Parties will coordinate local Steering Committees to formulate Work Programs (which can be annual or biannual in nature, depending on the Parties interests) consisting of the activities or projects to be developed, which once formalized will be an integral part Pagc 2 of 6 Agrce nem Between Colima and City of Pasco of this Agreement, and must contain the following information: a) Objectives; b) Implementation schedule; c) Responsible partner agencies; d) Estimated allocation of human, material and financial resources; e) Publication of results; and g) Other information the Parties deem beneficial to the projects. ARTICLE V Financing The Parties and local partner agencies will provide financing for the activities referred to in this Agreement, with resources allocated within their own respective funding sources, according to availability, budgetary allocation, and the provision of law. Each Party will cover its own participation expenses for local government officials, and will coordinate with local partner agencies to ensure their payment of expenses, unless an exchange activity is considered appropriate to resort to alternative financing mechanisms for specific activities, or if the Parties agree to specific financial arrangements for such activities. ARTICLE VI Participation of Third -Party Institutions The Parties, when deemed convenient, will encourage the partaking of third -party institutions, public or private, whose activities directly affect the areas of cooperation, in order to strengthen and widen the mechanisms that provide for an effective execution of this Agreement. ARTICLE VII Intellectual Property If products of commercial value and / or intellectual property rights are generated from cooperation activities under this Agreement, they shall be ruled in accordance to applicable national legislation, as well as international agreements on such matters, binding to both, the Mexican United States and the United States of America. Page 3 of6 Agreement Between Colima and City of Pasco ARTICLE VIII Data Protection If, at any time during the deployment of the cooperation activities set forth by this Agreement, any data, material and / or equipment is identified as necessary to be protected and classified, the Parties will inform the proper authorities, and shall establish, in writing, the corresponding measures to be taken. The transfer of any unprotected and unclassified data will be done in accordance with applicable local, state, or national legislation and use. At the request of any of the Parties, appropriate and/or required measures will be taken to prevent unauthorized transfer or retransfer of such data, material or equipment. ARTICLE IX Temporary Import of Equipment and Material The Parties shall coordinate with, and assist each other with necessary administrative, fiscal and customs facilitations for the entry and exit into and from their territory, on a temporary basis, of the equipment and materials to be used in the carrying out of the projects, in accordance with their national legislation. ARTICLE X Community Accountability Mechanism In order to achieve the best conditions for the execution of this Agreement, the Parties shall appoint an authorized representative for each government entity, who will serve to coordinate the development and implementation of the cooperation activities referred to by this Agreement. In order to achieve the best conditions for the execution of this Agreement, the Parties shall also establish and/or appoint a local Steering Committee. The Steering Committee shall meet as required, in order to evaluate all aspects derived from the execution of this Agreement, having the following functions: a) Plan, organize and coordinate delegation exchange visits between Colima and Pasco; b) Develop, coordinate and implement exchange programs; c) Plan, organize and coordinate program specific exchange visits to Colima or Pasco, and Page 4 of Agreement Between Colima and City of Pasco d) Form a local non-profit corporation or foundation to fund exchange program activities and related expenses, including student or participant scholarships, fellowships, and other non-governmental exchange programs. ARTICLE XI 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. ARTICLE XII Personnel Entry and Exit 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, health and national security laws of the receiving country and may not partake in any activity other than those pertaining to their functions, without the previous authorization of the relevant authorities in this field. ARTICLE XIII Insurance The Parties shall ensure that the personnel involved in such activities 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 insured. ARTICLE XIV Civil Liability The parties shall be indemnified from any civil liability due to damages produced as a consequence of incidental event or force majeure, particularly due to stoppage of academic or administrative activities. ARTICLE XV Other Related Instruments The cooperation under this Agreement shall be implemented without prejudice to the rights and obligations the Parties may have acquired under other international or intergovernmental agreements binding them. Page 5 of Agreement Between Colima and City of Pasco ARTICLE XVI Settlement of Disputes 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 Agreement Effective The present Agreement shall go into effect upon the date of its signature and shall remain in effect for up to a five (5) year period, and may be renewed for equal periods, by evaluation and acceptance, unless any one Party expresses its decision to terminate or transfer the obligations contained herein, through written communication, six (6) months in advance. The present Agreement may be modified by mutual consent of the Parties, by formalizing it through written communications, required legislative action, and specifying the date of its enforcement. 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 on the _ (day) of (month) of (year), in two original and official copies in the Spanish and English languages, all texts being equally authentic. ON BEHALF OF THE STATE OF ON BEHALF OF CITY OF COLIMA, E.U.M PASCO, WASHINGTON, U.S.A GOVERNOR MATT WATKINS, MAYOR DAVE ZABELL, CITY MANAGER Page 6 of 6 Agreement Between Colima and City of Pasco