|
WE: ISMAEL
RODRIGUEZ BATRES, forty-two years of age, Industrial Engineer, of this
residence, with Personal Identification Card
number zero one-zero four-zero seventy six thousand and twenty nine,
who acts in his capacity as Executive director of the INSTITUTO
SALVADORENO DE PROTECCION AL MENOR
(ISPM), of this residence. The other party being ALEJANDRO BONASSO, sixty-three years of age, graduate in philosophy
and theology, of Uruguayan nationality and with residence in the city of
Montevideo, of the República Oriental del Uruguay, with passport number
twenty-six thousand eight hundred and twenty seven, issued on the twenty-eighth
of February of the year two thousand, who acts in his capacity as Director
General of the INTER-AMERICAN
CHILDREN'S INSTITUTE a Specialized Organization of the Organization of
the American States, personally certify that
the signed agreement, dated the twenty fourth of January of the
year two thousand, as well as, in the offer and acceptance of employment
number zero nine plica zero zero, named as the Director of the Inter-American
Children's Institute (IIN),
whose residence is in the city of Montevideo, Republica del Uruguay and
whose expert duty is the study of problems related to childhood,
adolescents and the family in the American countries in the areas of
legal, social, and information. Both in the capacity as previously
mentioned, we agree in the signing of the present ADVISORY
SERVICES CONTRACT, with the objective that the institution represented
by the second of the guarantors
implement in favor and
satisfaction of the "ISPM", the study "ACTUALIZACION
Y FORTALECIMIENTO DEL SISTEMA DE INFORMACION PARA LA INFANCIA DEL
INSTITUTO SALVADORENO DE PROTECCION AL MENOR", from now on, it shall be named the "ESTUDIO", conforming to what has been established in the
present contract and its schedule, as well as the regulated and applicable
Terms of Reference of "ESTUDIO".
Both parties, are subject to the following clauses outlined in the
contract: FIRST
CLAUSE: CONTRACTUAL DOCUMENTS. Forms
an integral part of the present contract and has incorporated , with total
application without any opposition to its stipulations, the following:
SCHEDULE ONE: Terms of Reference of "
ESTUDIO"; SCHEDULE TWO: Negotiated technical and financial
offer. It is understood and accepted that this contract is put before all
previous communication, understanding or agreement, be it oral or written
between both parties. In case of ambiguity, doubt or dispute in the
interpretation of the contract and its schedule, the text of the contract
has prevalence. SECOND
CLAUSE:
CONTRACT'S OBJECTIVE AND THE RANGE
OF SERVICES. The objective of the present contract is to establish and
monitor the contacts, rights and obligations of the contracting parties to
the effects of, that the "IIN" carries it out to the satisfaction of the "ISPM"
the corresponding advisory firm
at "ESTUDIO". The
services of the advisory firm understands the obtainable aims established
in SCHEDULE ONE: Terms of Reference of "ESTUDIO",
which is a part member of this contract, THIRD
CLAUSE:
ASSIGNED PERSONNEL: The "IIN”
undertakes to employ the services of the personnel indicated in the
technical and financial 'Offer' negotiated, as well as, to dismiss without
prejudice to "ISPM",
any personnel assigned, at
the signed request of this and that a justifiable cause exists. FOURTH
CLAUSE:
THE BEGINNING OF THE ADVISORY FIRM
AND THE PERIOD OF ACTION. "IIN"
commits itself to initiate the activities that are the object of this
contract, no later than, ten calendar days following the established date
of the "initial order" expressed by
"ISPM". "IIN"
will undertake the implementation and the deliver of the signed study
within a maximum period of ninety calendar days, after the set date as
"initial date" of the advisory firm. Within this period is not
included the period that "ISPM" will use to analyze and express its opinion or
resolutions or when, for some justified reason, it will temporarily
suspend the development of the advisory firm. "ISPM"
could defer the action plan of the advisory
firm, if the "IIN"
requests it within the ten days of falling behind and the reason could be
proved to be due to circumstances beyond one's control or in an unforeseen
event that obliges the "IIN”
to request an extension. FIFTH
CLAUSE:
REPORTS. "IIN"
undertakes to present to "ISPM”:
a) A SCHEDULE FOR THE EXECUTION of the
"ESTUDIO", no
later than, the date the "ESTUDIO”
begins according to the initial agreement; and b) A FINAL REPORT that
contains the details of the obtained results and the recommendations of
the case, in which it should be approved by
"ISPM" as a
condition to make the last payment for the services of this advisory firm.
SIXTH
CLAUSE:
SERVICE COSTS AND FORMS OF PAYMENT.
For the services of the advisory firm, as per this contract, "ISPM"
shall pay the "IIN"
the sum of SEVENTEEN THOUSAND DOLLARS, approximately distributed according
to the composition of the costs of the advisory firm that is outlined in
SCHEDULE TWO of this contract. The payments for the provision of the
services shall be carried out by "ISPM”
against the presentation of one or various payment schedules that are
contained in the invoices of payment made and estimation of reimbursable
costs carried out. These payments shall be covered by funds received by
"ISPM" from "
UNITED NATIONS FUNDS FOR CHILDHOOD - UNICEF. SEVENTH
CLAUSE; IIN'S RESPONSIBILITY.
IIN
undertakes to carry out the work related to this contract, under the
highest standards of professional competence required for this type of
project, in order that "ESTUDIO"
is of the highest technical quality.
"IIN" shall
have the responsibility of obtaining from the Government of El Salvador,
the visas, licenses, permits and the necessary authorizations for the
carrying out the work, according to the present contract. EIGTH
CLAUSE: TAXES.
"IIN" is exempt from all taxes on its honorariums according to
what is established in the Legislative Decree number five hundred and
sixty eight on the 17th of September, year one thousand, nine
hundred and sixty eight published in the Official Paper number eighty two
on the sixteenth of May, year one thousand, nine hundred and sixty eight. NINTH
CLAUSE: CONFLICT RESOLUTION.
Any controversy that arises as a motive of the interpretation, application
or the carrying out of the contract, shall be resolved by direct dealings
between the "IIN' and 'ISPM'. In the case where an agreement cannot be reached between the
parties, the problem should be submitted to arbitration, according to the
Salvadorian legislation. I, ISMAEL RODRIGUEZ BATRES, prove in person: a)
Agreement number One, expressed by the Directing Council of the Institute,
in its Eleventh Ordinary Session, dated the twenty-eighth of November,
year two thousand and one. It authorizes me to grant the present tool; b)
Agreement number Eight, expressed by the Directing Council of the
Salvadorian Institute of Protection to the Minor, in its Twelfth Ordinary
Session, dated the seventh of December, year two thousand and one. Which
it renews the contract of his appointment as Executive Director, in
accordance to the established, in
article ten literal "g", of the Law of the Salvadorian Institute
of Protection to the Minor, to exercise the established duties in article
thirteen of the same act, for the period from the first of January to the
thirty-first of December, year two thousand and two. I, ALEJANDRO BONASSO,
prove in person: signed Agreement dated the twenty-fourth of January, year
two thousand, as well as in the offer and acceptance of employment number
zero nine plica zero zero, in which my signature appears as the Director
of the Inter-American Children's Institute. In this way we express
ourselves, signing the present in the city of San Salvador, the twentieth
day of January, of the year two thousand and two. Isamel
Rodríguez Batres
Lic. Alejandro Bonasso Ad- referendum of the Directing Council of IIN In
the city of San Salvador, at eleven hours on the twenty second of January,
year two thousand two, Before me ROMMEL
VLADIMIR HUEZO, Notary, of this residence, APPEARS BEFORE ME: Engineer
ISMAEL RODRIGUEZ BATRES, of
forty-two years of age, Industrial Engineer, of this residence, legible
signature, whom I know and identify by means of his Cedula de Identidad
Personal number zero one-zero four-zero seventy six thousand three hundred
twenty nine, who acts in his capacity as Executive Director of the SALVADORIAN
INSTITUTE OF PROTECTION TO THE MINOR Institución Oficial Autónoma,
of this residence, that shall be identified as "ISPM" as reference for this document. The other party being ALEJANDRO
BONASSO, of sixty three years of age, graduate in philosophy and
theology , Uruguayan nationality and residence in the city of Montevideo,
of the Republica del Uruguay, with a "legible"
signature, with passport number twenty six thousand eight hundred
and twenty six, issued on the twenty-eighth of February, year two thousand,
who acts in his capacity as Director General of the INTER-AMERICAN
CHILDREN'S INSTITUE, a Specialized Organization of the Organization of
the American States, and SAID
BEFORE ME: They recognize their signatures since it is in their own
handwriting that appear in the preceding document, as well as the
obligations arising from them, by which instrument the "IIN"
undertakes to fulfill the services derived from the following records:
signed Agreement dated the twenty-fourth of January , year two-thousand,
as well as in the offer and acceptance of employment number zero nine
plica zero zero, in which the appointment as Director of the Inter-American
Children's Institute appears, who resides in the city of Montevideo, República
del Uruguay and whose expert duty is the study of problems related to
childhood, adolescents and family in the American countries in the areas
of legal, social, and of information, which in future shall be named
"IIN", we grant the present ADVISORY SERVICES CONTRACT, with the objective that the institution
represented by the second of the guarantors
implement in favor and
satisfaction of "ISPM",
the study "UPDATING AND
STRENGTHENING OF THE INFORMATION SYSTEM FOR CHILDHOOD OF THE SALVADORIAN
INSTITUTE OF PROTECTION TO THE MINOR", as from now on, it shall
be named "ESTUDIO",
conforming to what has be en established in the present contract and its
schedule, as well as the regulated and applicable Terms of Reference of
"ESTUDIO".
Both parties, are subject to the following clauses outlined in the
contract: FIRST
CLAUSE: CONTRACTUAL DOCUMENTS. Forms
an integral part of the present contract and has incorporated in itself,
with total application without any opposition to its stipulations, in the
following: SCHEDULE ONE: Terms of Reference of " ESTUDIO";
SCHEDULE TWO: Negotiated technical and financial offer. Its understood and
accepted that this contract is put before all previous communication,
understanding or agreement, be it orally or written between both parties.
In case of ambiguity, doubt or dispute in the interpretation of the
contract and its schedule, the text of the contract has prevalence. SECOND
CLAUSE: CONTRACT'S
OBJECTIVE AND THE RANGE OF SERVICES. The objective of the present
contract is to establish and monitor the contacts, rights and obligations
of the contracting parties to the effects that "IIN" carries it out to the satisfaction of "ISPM"
the corresponding advisory firm to "ESTUDIO".
The services of the advisory firm understands the obtainable aims
established in SCHEDULE ONE: Terms of Reference of
"ESTUDIO",
which is a part member of this contract. THIRD
CLAUSE: ASSIGNED
PERSONNEL: The "IIN”
undertakes to employ the services of the personnel indicated in the
technical and financial 'Offer'
negotiated, as well as, to dismiss any member of personnel assigned,
without any harm to "ISPM",
as a signed request and that a justifiable cause exists. FOURTH
CLAUSE: THE
BEGINNING OF THE ADVISORY FIRM AND THE PERIOD OF ACTION. The "IIN"
commits itself to initiate the activities that are the object of this
contract, no later than, ten calendar days following the established date
in the "initial order" expressed by "ISPM".
"IIN" will undertake the implementation and delivery of the signed study
within a maximum period of ninety calendar days, after the set date as
"initial date" of the advisory
firm. Within this period it is not included the period that
"ISPM" will
use to analyze and express its opinion or resolutions or when for some
justified reason, it will temporarily suspend the development of the
advisory firm. "ISPM"
could defer the action plan of the advisory firm, if
"IIN" requests
it within the ten days of falling behind and the reason could be proved to
be due to circumstances beyond ones control or due to a fortuitous case
that obliges "IIN” to request an extension. FIFTH
CLAUSE: REPORTS."IIN"
undertakes to present to "ISPM”:
a) A SCHEDULE FOR THE EXECUTION of the
"ESTUDIO", no
later than, the date the "ESTUDIO”
begins according to the initial agreement and b) A FINAL REPORT that
contains the details of the obtainable results and the recommendations of
the case, in which it should be approved by "ISPM"
as a condition to make the last payment for the services of this advisory
firm. SIXTH
CLAUSE: SERVICE
COSTS AND FORMS OF PAYMENT. For the services of the advisory, subject
to this contract, "ISPM"
shall pay "IIN" the
sum of SEVENTEEN THOUSAND DOLLARS, approximately distributed according to
the composition of the costs of the advisory firm that is outlined in
SCHEDULE TWO of this contract. The payments for the provision of the
services shall be carried out by "ISPM”
against the presentation of one or various forms of payment that are
contained in the invoices of payment made and estimation of reimbursable
costs carried out. These payments shall be covered by funds received by
"ISPM" from UNITED NATIONS FUNDS FOR CHILDHOOD-UNICEF. SEVENTH
CLAUSE; IIN'S RESPONSIBILITY.
IIN undertakes to carry out the work related to this contract, under
the highest standards of professional competence required for this type of
project, in order that "ESTUDIO"
is of the highest technical quality. "IIN"
shall have the responsibility of obtaining from the Government of El
Salvador, the visas, licenses, permits and the necessary authorizations
for the carrying out of the work, according to the present contract. EIGTH
CLAUSE: TAXES. "IIN" is exempt from all taxes on its emoluments, according to
what is established in the Legislative Decree number five hundred and
sixty eight on the Seventeenth of September, year one thousand nine
hundred and sixty eight, published in the Official Paper number eighty two,
on the sixteenth of May, year
one thousand nine hundred and sixty eight. NINTH
CLAUSE: CONFLICT RESOLUTION.
Any controversy that surges as a motive of the interpretation, application
or the carrying out of the contract, shall be resolved by direct dealings
between "IIN' and 'ISPM'. In the case where an agreement cannot be reached between the
parties, the problem should be submitted to arbitration, according to the
Salvadorian legislation. The signed Notary acknowledges that: Engineer
ISMAEL RODRIGUEZ BATREZ has legitimate and legal capacity for having had
in sight: a) Agreement number One, expressed by the Directing Council of
the Institute, in its Eleventh Ordinary Session, dated the twenty-eighth
of November, year two thousand and one, by means of which it authorizes
Engineer Ismael Rodriguez Batres, to grant the present tool:
b) Agreement number Eight, expressed by the Directing Council of
the Salvadorian Institute of Protection to the Minor, in its Twelfth
Ordinary Session, dated the Seventh of December, year two thousand and one,
by means of which it renews the contract of his appointment as Executive
Director, in accordance to the established in article ten literal
"g", of the Law of the Salvadorian Institute of Protection to
the Minor, to exercise the established duties in article thirteen of the
same act, for the period from the first of January to the thirty-first of
December, year two thousand, is legitimate and with legal capacity in which Mr. ALEJANDRO
BONASSO acts, for having had in sight: the signed Agreement dated the
twenty-fourth of January, year two thousand, as well as in the offer and
acceptance of employment number zero nine plica zero zero, in which my
signature appears as the Director of the Inter-American Children's
Institute. So this is the way, those before me have expressed themselves,
to whom I have explained the legal aspects of the present Notary Act,
which consists of four pages and had read it without a single
interruption, they have expressed that it has been written in
accordance to their wishes, of which they stand by its contents and sign… Ing.
Ismael Rodríguez Batres
Lic. Alejandro
Bonasso SCHEDULE
ONE: TERMS OF REFERENCE OF THE ADVISORY 'UPDATING AND STRENGTHENING OF THE INFORMATION SYSTEM FOR THE CHILDHOOD OF THE SALVADORIAN INSTITUTE OF PROTECTION TO THE MINOR". A.
IMPROVEMENTS AND APPLICATION PROCEDURES OF SIPI. a.
Given the growth of size of the data bases and to achieve major
efficiency, response time and the quality of information, a historical
data base shall be created to store all the information of children older
than 18 years of age who are
not being attended by any of the ISPM services and those children who, for
more than three years have not received any type of intervention. This
data base could be consulted outside the Network and the information of
the children that is stored in the active data base, could be consulted at
any moment: b.
To review the
tables of the system and to modify them, so that only the categories
reported with major frequency are left. c.
To modify the
source of the program, allowing the introduction of the "observations"
of each form to the data base. d.
To incorporate
into the "suggestion" file, all the sections containing the
category "others, specific" e.
To modify the
module of Nutritional Medical Evaluation, eliminating the acquisition of
information of "Nutritional Evolution" f.
When a
consultation is made on mothers in charge, it will be identified if they
are active within the system or if they have graduated already g.
In the module
of "Mothers in Charge" it will be allowed to implement updates
on the information, guaranteeing an adequate function. h.
When a center
closes, the system will allow the center's population to be transferred to another center
or centers in agreement to the prefixed criterions. i.
In the module
of "Centro" and "Unidades", each one of their records
shall be taken: dates in which it has been closed, cause, active or
inactive and statistics on entry, exits of the population of the last 6
months before the closure. j.
In the module
Asistencia a Centro , the causes for leaving shall be modified, allowing
to specify in detail in "others". k.
In the module
Children and Adolescents, in the section of 'the reasons for joining',
just by punching the code as outlined in the form, the motive shall be
automatically incorporated. l.
To facilitate
the search, the possibility of searching for a child by "Known
as", "File Number", " Periods of Entry" and
"Year of Birth" shall be added. m.
In the module
of attention, it could implement various entries and transfers in the same
month, for the same child. n.
Study the
possibility of capturing for various measures applied to the same young
person, the beginning of each measure and the duration of each one (Which
implies to modify the database). o.
To incorporate
the information of 'Identification of the Units' (Address, telephone,
etc.) p.
In the sub-systems
of Protection and CAI, it must be able to print the information of entry
of a child since its "search". B. THE WORKING OUT OF INDICATORS AND TRAINING.
b) The training for the development of the dynamic tables using the
constructed tools for
|