• Ajuntamen~ de Barcelo~a UN~HABITAT FOR A BETIER URBAN FUTURE MEMORANDUM OF UNDERST ANDING BETWEEN THE UNITED NATIONS HUMAN SETTLEMENTS PROGRAMME AND THE BARCELONA CITY COUNCIL, SPAIN ( • Ajuntament de Barcelolla UN~HABITAT FOR A BETIER URBAN FUTURE MEMORANDUM OF UNDERSTA NDING BETWEEN TBE UNITED NATIONS HUMAN SETTLEMENTS PROGRAMME AND THE BARCELONA CITY COUNCIL, SPAIN WHEREAS the General Assembly of the United Nations established UN-HABITA T by ( Resolution 56/206 of 21st December 2001, transforming the already existing United Nations Human Settlement Office into the category of United Nations Programme. The mandate of UN­ HABITAT is inspired by the Vancouver Declaration of 1976 and the Habitat Agenda undersigned by member states at the UN Conference on Human Settlements in Istanbul 1976 (Habitat II). The organization ultimate goal is to support govemments at local, regional and national levels to achieve sustainable urban development and housing for all with special focus on tackling urban poverty; WHEREAS the B~celona City Council - Ajuntarnent de Barcelona (herinafter the Barcelona City Council), The Third Mayor's Tenentcy in Charge of Urban Habitat, is the focal point for academic excellence and knowledge as well as the centre for promoting research in Urban Planning. WHEREAS the UN-HABITAT and the Barcelona City Council (hereinafter collectively referred to as "the Signatories") share similar missions and wish to cooperate in areas of mutual concem related to urban govemance, sustainable urban development and sustainable urbanization to enhance the effectiveness of their development efforts; ~ NOW, THEREFORE, UN-HABITAT and the Barcelona City Council (herein collectively ..._ referred to as the "Signatories") have entered into the present Memorandum of Understanding (herein referred to as the "MOU") under the following terms and conditions. Article 1 Seo pe of the Agreement l. The purpose of this MOU is to provide a framework of cooperation and facilitate collaboration between the Signatories, on a non-exclusive basis, in areas of common interest that are related to sustainable urban development. 2. Whereas the Signatories aim to strengthen the capacities of governments, local authorities and other partners to positively respond to the opportunities and challenges of urbanization in order to transform cities into inclusive centers of vibrant economic growth, social progress, and environmental sustainability specifically the Signatories agree to: a) share experience, expertise, knowledge resources, institutiona1 networks and opportunities for practica! learning to support the capacity development of governments, local authorities and other partners; b) support the formulation and validation of innova ti ve new approaches for sustainable urban development through the identification of synergies and specific areas of cooperation within existing and future project portfolios of UN-Habitat and the Barcelona City Council; e} in response to requests from cities, collaborate in providing high quality technical expertise and facilitating the provision of solutions in areas such as urban planning and design, mobility, urban economy, municipal finance, culture and education and others by drawing on the professiona1 networks and university partnerships in Barcelona and elsewhere; d} commonly design and organize activities taking place in Barcelona able to share the city's experience in the field of urban govemance and accessible and efficient basic urban services. Article D Principies of the collaboration 3. The Signatories agree to collaborate by adhering to the following principies: ~A mutual interest in the exchange of infonnation and ideas; b} mutual interest in promoting capacity development, learning, and technical assistance to . enhance impact and sustainabiJity; e} promotion of consultative and collaborative approach in the design and implementation of collaborative activities; d) informing the public ofthe Signatories' cooperative efforts and their results as appropriate; e) sharing and promoting the exchange of innovative practices prov en to provide results; Article lll Responsibilities of the Signatories 4. The Signatories agree to carry out their respective responsibilities in accordance with the provisions of this MOU. The Signatories agree to joint efforts and to maintain a close working relationship in order to achieve the objectives ofthis collaboration. 5. The Signatories shall keep each other informed of all reJevant activities pertaining to this coiJaboration and shall hold consultations on a regular basis in order to evaluate progress in the implementation ofthis MOU. 6. The Signatories shall refrain from any action that may adversely affect the interests of the other Signatory and shall fulfill their commitments with fullest regard for the terms and conditions of this MOU and the principies ofthe United Nations and UN·Habitat. 7. All press releases or public statements relative to this MOU or its implementation must be approve~~ by both Signatories, in writing, prior to release or disclosure. 8. The Signatories shall establish working focal points to ensure proper implementation ofthis MOU. Article IV Barcelona City Council's Responsibilities 9. The responsibilities ofthe Barcelona City Council are: a) to support the mobilization of financia) and human resources frorn govemrnent, prívate sector, and other partners for the purposes of developing and implementing programmes, projects and events to strengthen the capacities of requesting govemments, local authorities and other partners; b) to support the identification, documentation, analysis and promotion of urban innovations in Barcelona for the benefit of requesting governments, local authorities and other partners; 1 e) to foster the development of new paradigms in urban development and management based on_ _.., the tangible experiences of Barcelona City Council; d) to provide access to leaming opportunities for individuals of requesting govemments, local authorities and other partners;through case studies of Barcelona, on-the job leaming within the Barcelona City Council, and other means; e) to provide overall coordination and/or facilitation for local partners to support the implementation ofthe MOU; f) to participate in UN·Habitat events for the purposes of sharing leaming and practices; g) to promote, through its intemational Jinks and networks, the experiences, knowledge resources, innovations and leaming initiatives implemented through this MOU. Article V UN-Habitat's Responsibilities 1O . The responsibiHties ofUN-Habitat are: a) to link demand from requesting governments, local authorities and other partners to the supply of expertise, knowledge and learning opportunities available in the Barcelona City Council ; b) to avail or facilitate access to its field experiences, knowledge, and current capacity development and training methodologies to benefit the formulation and implementation of the joint programmes, projects and events through a collaborative process of engagement with the Barcelona City Council; e) to prov ide selected programmes, projects and events with advisory support and technical expertise from within UN-Habitat and its academic partners and other networks; d) to invite the Barcelona City CounciJ to participate in key events such as the World Urban Forum and other meetings as relevant for the purposes of sharing leaming and practices; e) to promote the innovations and new paradigms developed through this MOU in relevant internationaJ meetings, conferences and other events. Article VI Monitoring and Evaluation 11. The Signatories shall maintain regular close consultations to monitor and review the progress of the irnplementation of common activities. 12. The Signatories shall share with each other all relevant information and documents including reports and any other information related to the activities, outputs and impact ofthis collaboration. J 3. The Signatories. may, wherever possible and appropriate, undertake joint missions with respect to the cooperation. Article VII Use ofName, Emblem and Media 14. Neither Signatory will use the name or emblem of the other Signatory, or an abbreviation thereof, in connection with its business or otherwise, without the express prior written permission of a duly authorized representative of the Signatory in each case. 15. Neither Signatory has the authority, expressed or implied, to make any public statement on behalf of other Signatory. Any press releases that may be issued in relation to this MOU shall be approved in writing in advance by the Signatories before being issued. 16. Neither Signatory has the right to create a hyperlink to the other's website without the written authorization ofthe respective organization whose website is being linked to. Article VIII Settlement of Disputes 17. Any controversy arising out of this Agreement will be settled amicably through consultation and negotiation between the Signatories. Article IX Modification and Finalization 18. This MOU shall only be modified in writing pursuant to written approval of UN-Habitat and the Barcelona City Council, and any such correspondences shall be considered an integral part of this MOU herein. 19. Any matters not incorporated herein, shall be determined by the mutual agreement between UN­ Habitat and the Barcelona City Council, and either Signatory shall take into account submittecl proposals. ' 20. Notwithstanding Article IX.l this MOU may be finalized by either Signatory giving the other Signatory a written notice of 60 days' notice prior to its intention to termínate. 21 . In the event offinalization, the Signatories shall take aiJ necessary action as required to promptly and orderly finalize any joint activity carried out under this agreement in a cost-effective manner. Article X General Provisions 22. This MOU shall be valid from the date ofthe latest signature and shall remain valid until either or both Signatories give written notice oftheir intent to terminate the MOU. 23. Any differences arising out of this MOU shall be settled amicably through consultation and direct negotiation between the Signatories, represented by the duly appointed representatives of tl( Signatories. 24. Nothing in or relating to this MOU shall be deemed a waiver, express or implied, of any of the privileges and immunities ofthe United Nations, including UN-HABITA T. 25. All notices and communications to each Signatory required under or rélated to this MOU shall be forwarded to the respective addresses of each Signatory, as follows: For UN-Habitat For the Barcelona City Couocil Ms. Diana Lopez Caramazana Ms. Rahma El Badoui Office of the Executive Director Pla~a Sant Jaume, s/n P.O Box 30030. Nairobi 00100, 08002 Barcelona KENYA SPAIN diana.lopez@unhabitat.org relbadoui@bcn.cat Tel. +254.20.762.5099 Tel. +34 93 402 33 88 IN WITNESS WHEREOF, the undersigned. duly authorized representatives of UN-Habitat and the Barcelona City Council have signed two originals of this MOU in the place(s) and on the date(s) herein below indicated. FOR UN-HABITAT {',Dr. Joan Clos Mayor of Barcelona Under-Jecretary General and ' J Place: Barcelona Executive Director Place: Nairobi Date: • A¡untamenk de UN(@)HABITAT Barcelo~a FOR A BETTER URBAN FUTURE MEMORANDUM OF UNDERSTA NDING BETWEEN TBE UNITED NATIONS HUMAN SETTLEMENTS PROGRAMME AND THE BARCELONA CITY COUNCIL, SPA 1N