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COOPERATION AGREEMENT BETWEEN THE SISTEMA NACIONAL PARA EL DESARROLLO INTEGRAL DE LA FAMILIA (HEREINAFTER “DIF NACIONAL”), REPRESENTED BY ITS DIRECTOR GENERAL, ANA TERESA ARANDA OROZCO, AND THE INTER-AMERICAN CHILDREN’S INSTITUTE (HEREINAFTER “THE INSTITUTE”), REPRESENTED BY ITS DIRECTOR GENERAL, ALEJANDRO BONASSO, IN ACCORDANCE WITH THE FOLLOWING STATEMENTS AND TERMS:

 S T A T E M E N T S 

I                       “DIF NACIONAL” hereby states that: 

I.1        It is a Decentralized Public Organization with legal status and a patrimony of its own, regulated by the General Law on Health services and the Law on the National Social Welfare System, published in the Official Journal of the Federation on January 9th, 1986, and its purposes are the promotion of Social Welfare and the delivery of related services, as well as the implementation of any other action provided for in the applicable legal provisions. 

I.2        For the achievement of its purposes, it acknowledges the importance of, among other actions, optimizing the efforts and joining the initiatives of the Civil Society and the Private Sector, as well as strengthening the cooperation with international organizations in order to extend the impact of its programs throughout the community.   

                        I.3        Ana Teresa Aranda Orozco is entitled to sign this Agreement, as provided for in Article 28, section VII, in the Law on the National Social Welfare System, and Article 14, section XI, in its Organic Statutes, published in the Official Journal of the Federation on June 1st, 1999, and certified by public document No. 76,351 signed by the Notary Public No. 127 of the Federal District, Jorge Sánchez Pruneda, on January 26th, 2001.

II                      “THE INSTITUTE”   hereby states that: 

                        II.1        It is a Specialized Organization of the Organization of American States, with the purpose of promoting the study of issues related to children, adolescents and families in the Americas, as well as raising an alert awareness on problems affecting children in the Americas, by means of the cooperation among the countries in the American Continent, aimed to improve the situation of children, youth and families on health, educational, social, juridical and cultural areas in general.  

                        II.2        Since 1988, it has promoted the implementation of the Inter-American Child Information Network (RIIN), including the operation of four databases (documentary, organizational, projects and juridical issues).  

                        II.3        Its legal representative is entitled to sign this Agreement in his capacity as Director General, as provided for in the relevant agreement of the General Secretariat of the Organization of American States, signed on January 24th, 2000, as well as in his employment offer and acceptance document No. 09-00.                                   

III             “DIF NACIONAL” and “THE INSTITUTE” (hereinafter “THE PARTIES”) jointly state that:

                         III.1        They intend to sign this juridical instrument for the purpose of
                                       producing two video tapes aimed to approach and disseminate
                                       substantive aspects concerning the rights of boys and girls as set
                                       forth in the Convention on the Rights of the Child.  

                        III.2           They count on the necessary technical, human and financial
                                        resources to provide the cooperation, assistance and services
                                        involved in the purpose of this Agreement.

As per the above, “THE PARTIES” agree on the following

T E R M S  

FIRST.- Through this Agreement, “DIF NACIONAL” and “THE INSTITUTE”, set the cooperation grounds and procedures for the implementation of actions aimed to the production of two new video tapes on the rights of  children. 

SECOND.- Pursuant to this Agreement, “THE INSTITUTE” hereby commits itself  to:  

  • Produce the video tapes in Spanish, with English subtitles.   

  • Take care that video tapes address, from both a aesthetic and thematic standpoint, the following aspects: gender, ethnic diversity and multicultural features.

  • Be responsible for the lyrics, music and animation of the video tapes, according to a similar aesthetic proposal as used in the already produced video tapes, and for the same purposes 

  • Provide for the interpretation of lyrics by Mexican singers, except as otherwise agreed upon. Singers should have a top artistic level and public acceptance in order to ensure the success in the other countries in the region. They will perform by using the lyrics and music provided by the IIN.

  • Complete the production of both video tapes before December 31st, 2002.

  • Deliver the original version of each video tape in digital Betacam format, and VHS in NTSC standard.  

  • Distribute copies of these video tapes among all the leading institutions on child issues in the Member Countries of the Inter-American System, which will be entitled to add their own logotype to those of “THE INSTITUTE” and “DIF NACIONAL”.

THIRD.- Pursuant to this Agreement, “DIF NACIONAL” commits itself to:

  • Contribute the amount of $450,000.00 (four hundred and fifty thousand Mexican pesos) for the production of two video tapes. This will be its only contribution, and in case of unexpected expenses, DIF will not make any additional ones.  

  • Supervise the production of the video tapes. 

FOURTH.- Pursuant to this Agreement, “THE PARTIES” jointly commit themselves to:

  • Select those central themes in articles in the Convention on the Rights of the Child that will be developed in each video tape.  

  • Provide for the joint copyright ownership of animated videos by “THE INSTITUTE” and “DIF NACIONAL”, including in the last plate the logotypes of both institutions, and eventually the producer’s, as per the agreements concluded by “THE INSTITUTE”.  

FIFTH.- For the adequate implementation of the activities provided for in this juridical instrument, as well as for the joint supervision of the Project, “THE PARTIES” hereby appoint their representatives:

“DIF NACIONAL”                      Director of Social Communication 

“THE INSTITUTE”                    Coordinator of the Inter-American Information Program on the Child and the Family  

The permanent representatives will designate the alternate representatives, who will attend working meetings and will be entitled to take decisions; these alternate representatives will rank in the lower level following that of permanent representatives, which should be homogeneous and adequate so as to ensure the enforcement of decisions. 

SIXTH.- “DIF NACIONAL” and “THE INSTITUTE” will be jointly responsible for planning, implementation and operational activities, and will also share information on their outcome. “DIF NACIONAL” will carry out as many assessment surveys as necessary,  while “THE INSTITUTE” will perform a permanent follow-up.  

SEVENTH.-  “THE PARTIES” agree that “THE INSTITUTE” be in charge of  managing and assigning the economic resources allocated to the development of the project provided for in this Agreement, and that any relevant checking will be its sole responsibility, in accordance with its applicable regulatory framework.  

EIGHTH.- “THE PARTIES” agree that resources will be contributed as per the timing and form to be agreed upon by both institutions, always in compliance with the applicable regulations. 

NINTH.- “THE PARTIES” agree to recognize and respect copyrights and/or rights of compilation or production on the literary or artistic works in all their expressions, interpretations or performances, editions, phonograms or video tapes and their broadcasting, as well as any other intellectual property rights that might result from the application of this Agreement.  

TENTH.- In connection with the staff employed by “THE PARTIES” for the purposes of this Agreement, as well as employment contracts with third parties for the same purposes, both institutions will be solely responsible for their respective labor relations and social security allowances, thus reciprocally waiving each other from any claim arising for those reasons, for which by no means they should be considered as substitute or collateral employers.   

ELEVENTH.- This Agreement will  have a duration of six months as from its signing date, and can be terminated in advance by written notice of any of both parties presented (15) working days prior to termination date, in the understanding that activities underway should be completed, except as otherwise agreed upon.  

Notwithstanding the provisions contained in the previous paragraph, this juridical document may be amended or may include additions in writing by joint agreement of both parties, in which case such changes will enter into force as from the date established in the document to be signed for that purpose.  

TWELFTH.- Any doubts and disputes arising from the interpretation and fulfillment of this juridical instrument, will be settled by joint agreement of both parties. If not, arbitration will apply in accordance with the Mexican legislation. 

THIRTEENTH.- For all the purposes of this Agreement, “THE PARTIES” state that their respective domiciles are:   

“DIF NACIONAL”                     Av. Emiliano Zapata No. 340, Colonia Santa Cruz Atoyac, Delegación Benito Juárez, C.P. 03310, México, Distrito Federal. 

“THE INSTITUTE”                    Av. 8 de Octubre 2904, 11600 Montevideo,  Uruguay         

 

“THE PARTIES”, fully aware of the contents and legal scope of this Agreement, hereby

sign it in Mexico, Federal District, on the fifth day of August of year two thousand and two.

 

On behalf of

SISTEMA NACIONAL PARA EL DESARROLLO INTEGRAL DE LA FAMILIA

 

ANA TERESA ARANDA OROZCO
DIRECTOR GENERAL

 

 

On behalf of

THE INTER-AMERICAN CHILDREN’S
INSTITUTE*

 

ALEJANDRO BONASSO
DIRECTOR GENERAL

 * ad-referendum of the Directing Council

 

THIS IS THE SIXTH PAGE OF THE COOPERATION AGREEMENT SIGNED BY DIF NACIONAL AND THE INTER-AMERICAN CHILDREN’S INSTITUTE ON THE FIFTH DAY OF AUGUST OF YEAR TWO THOUSAND AND TWO.