Loading...
HomeMy WebLinkAbout2023-21 A Resolution Adopting the Peer Resort Exchange Agreement and Memorandum of Understanding between the Town of Vail Colorado and St. Anton Am Arlberg, AustriaRESOLUTION NO.21, SERIES OF 2023 A RESOLUTION ADOPTING THE PEER RESORT EXCHANGE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF VAIL, COLORADO AND ST. ANTON AM ARLBERG, AUSTRIA WHEREAS, the Town of Vail Council is interested in the activation of its peer resort exchange programs and relationships with other similar mountain resort communities to provide a platform that encourages the bilateral exchange of information, establishes cooperation and collaboration on relevant resort and community initiatives, and presents opportunities to exchange experiences related to the important topics of sustainability, tourism, municipal services, culture, and community. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: The Town of Vail, Colorado and St. Anton am Arlberg, Austria shall henceforth as mutually agreed upon, create an official peer resort exchange (also known as sister city) relationship for the purpose of strengthening the friendship and developing collaborative activities related to sustainability, tourism, municipal services, culture, and community exchange programs. 2. To memorialize such cooperation and agreement to the Town Council hereby approves and adopts the Peer Resort Exchange Agreement and Memorandum of Understanding attached hereto as Exhibit A, which both will go into effect upon the date of the execution by the Town of Vail Mayor and by the appropriate official of St. Anton am Arlberg, Austria. 3. The resolution shall take effect immediately upon its passage. INTRODUCED, READ, AND ADOPTED on this 0th day of June, 2023. ATTEST: Stephanie Bibbens, ' PEER RESORT EXCHANGE AGREEMENT BETWEEN THE CITY OF ST. ANTON AM ARLBERG, AUSTRIA AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA The City of St. Anton Am Arlberg, Austria and the Town of Vail, Colorado, United States of America, herein and after referred to as "the Parties"; CONSIDERING their interest to strengthen the friendship ties and cooperation that join both Parties; ACKNOWLEDGING that the municipalities have the intention to develop collaborative activities, under the law provisions of the United States of America and Austria, with particular attention given to the terms identified in Article II, related to tourism, marketing, sustainability, municipal operations, events, arts and culture, and education; 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 necessity to execute projects and actions that are effective in the economic and social development of both Parties; Have agreed the following: ARTICLE I Objective The objective of the Agreement is to formalize the peer resort exchange between the City of St. Anton am Arlberg, Austria and the Town of Vail, Colorado, United States of America, to encourage bilateral cooperation, to intensify common efforts, and to exchange experiences and the execution of common activities that contribute to the development of both municipalities. ARTICLE II Areas of Cooperation and Modalities To reach the objective of the Agreement, the Parties are committed to explore and develop cooperative projects, specifically directed, but not limited to the following areas: a) Education: Encourage the local school boards to share educational programs and systems. Encourage the development of student exchange programs between cities. b) Cultural Exchange: Promote cultural, artistic, and sports exchanges to advance the understanding and enjoyment of each city's cultural attributes, traditions, and heritage. c) Promotion of Tourism: Each Party will promote the other Party through their corresponding information office and/or the local tourism office, to make people aware of the peer resort relationship. d) Environmental Cooperation: Both Parties will share best practices to promote sustainable development, promoting pollution prevention policies and practices, and encourage environmental education and research. e) Any other Area of Cooperation that the Parties agree upon. ARTICLE III Final Provisions The Agreement shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature and automatically renew for successive one-year periods, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current period. (The Parties) hereby conclude a Memorandum of Understanding to promote specific exchange programs based on the agreement. Signed in the Municipality of on this day of 2023 in two original and official copies in the English language. TOWN OF VAIL STATE OF COLORADO Kim Langmaid, Mayor ST. ANTON AM ARLBERG AUSTRIA Helmut Mall, Mayor Stephanie Bibbens, Town Clerk Attest PEER RESORT EXCHANGE MEMO OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF ST. ANTON AM ARLBERG, AUSTRIA AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA The City of St. Anton am Arlberg, Austria and the Town of Vail, Colorado, United States of America (hereafter referred to as "Parties") hereby agree to the following as part of an international mountain resort community agreement, also known as a peer resort exchange, promoting exchanges between the two Parties. ARTICLE I Competence The Parties commit themselves to carry out the modalities of cooperation, referred to in Article II of the Memo of Understanding ("MOU") in accordance with their respective authorities and subject to the political and economic laws and regulations of their respective Governments. ARTICLE II Annual Action Programs In order to achieve the objectives of the MOU, the Parties agree to formulate, through prior discussion, Annual Action Programs (AAP), which shall become an integral part of the MOU once they are formalized. The AAP shall be integrated with specific projects of activities, and which must reference each of the following aspects: a) Objectives and activities to develop; b) Work agenda; c) Profile, quantity, and duration of the assigned personnel; d) Responsibility of each Party; e) Assignment of materials, personnel, and financial resources; q Evaluation mechanism; and; g) Any other necessary information. The enforcement of this MOU is not conditioned by the Parties to establishment of AAP in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are the obligated to collaborate in those activities where internal prohibitions exist, derived by law, institutional normative, or customs. The legal representative of each Party shall meet annually in person or at least hold one yearly telephone conference in order to evaluate the results derived from the MOU and to propose new guidelines for the development of projects of mutual interest. The Parties shall produce progress reports of achievements based on the MOU and shall communicate them to their corresponding government officials, as well as the bilateral departments in charge, as determined by mutual MOU. Both parties will make their best efforts to formulate the first AAP within one hundred and eighty (180) business days after the signing date of the MOU. ARTICLE III Additional Collaboration Proposals In addition to AAP referred to in Article II of the MOU, each Party may formulate additional collaboration proposals, as they arise during the implementation of activities predetermined through the AAP. ARTICLE IV 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 MOU, 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 St. Anton am Arlberg, Austria, through the officials; On behalf of the Town of Vail, Eagle County, State of Colorado of the United States of America, through the Mayor and Town Manager of the Town. The Working Group may meet periodically in a location agreed upon by the Parties or at least hold one yearly telephone conference in order to evaluate the activities derived from the application of the MOU. The Working Group shall have the following functions: a) Adopt the necessary decisions in order to cant' out the objectives of the present MOU; b) Identify the areas of common interest in order to elaborate and formulate specific cooperation projects; c) Orientate, organize, and formulate relevant recommendations in order to fulfill the activities of the MOU; d) Receive, review, and approve, when applicable, the progress reports in the areas of cooperation within the MOU; and, e) Any other functions that the Parties may agree upon. ARTICLE V Financing The Parties shall finance the activities referred to in the MOU 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, except in the case that alternate financial mechanisms may be used for specific activities, if considered appropriate. ARTICLE VI Information, Material, and Protected Equipment The Parties agree that information, materials, and protected equipment deemed classified by national legislation for national security or foreign relations purposes of either Party, shall not be subject to transfer within the MOU. When undertaking activities pursuant to this MOU, 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 protective 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 VII International Instruments The cooperation referred to in the MOU shall not affect the rights and duties which the Parties previously acquired under other international treaties and instruments. ARTICLE Vill Intellectual Property If as a result of actions carved out in accordance with this MOU, products of commercial value and/or rights of intellectual property are generated, these shall be governed by the applicable national legislation, as well as the international conventions, which are binding for Austria and the United States of America. ARTICLE IX Designated Personnel The personnel assigned by each Party for the execution of cooperation activities derived from the MOU 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. Each Party shall cant' out the corresponding necessary procedures under its respective authorities in order to facilitate the entry and departure of its respective participants who are officially involved in the projects derived from the MOU. Such participants shall be subject to the immigration, tax, customs, sanitary, 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 competent authorities in this field. The Parties shall encourage that the personnel involved in such activities have medical, liability, and life insurance so that, if damage results from such activities derived from the MOU, repair or restitution shall be covered by the corresponding insurance company. ARTICLE X Participation of Other Institutions and Individuals The Parties may include Non-Govemment Organizations or individuals from the civil society in AAP. ARTICLE XI Disputes Any difference or divergence derived from the interpretation or application of the MOU will give rise to the early termination of the MOU, by means of a written notification of early termination sent by one Party to the other Party. ARTICLE XII Final Provisions The MOU shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature and automatically renew for successive one-year periods, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current period. The MOU may be modified by mutual consent of the Parties, by formalizing it though written and signed communications and specifying the date of its entry into force. The early termination of the MOU shall not affect the completion of ongoing AAP, formalized while it was in force. Govemmental Immunity. The Town and its officers, attomeys, and employees are relying on, and do not waive or intend to waive by any provision of the Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attomeys, or employees. Subiect to Annual ADDropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and this any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, or liability beyond the current fiscal year. Signed in the Municipality of on this day of 2023 in two original and official copies in the English language. TOWN OF VAIL ST. ANTON AM ARLBERG STATE OF COLORADO AUSTRIA Kim Langmaid, Mayor ATTEST: Helmut Mall, Mayor ATTEST: Stephanie Bibbens, Town Clerk Attest