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D
E C L A R A T I O N S I
“DIF NATIONAL” declares that:
I.1
It is a Public Decentralized Organization, with legal status and
funding, under the norms of the General Health Law and the National System
of Social Assistance Law, published in the Official Gazette of the
Federation on January 9th 1986, with the objective of promoting
Social Assistance, providing services and implementing other measures
established by the legal applicable dispositions.
I.2
In order to achieve this objective, it recognizes, among others,
the importance of optimizing efforts and joining the initiatives of Civil
Society and the Public Sector in order to broaden the impact of its
programs in the community.
I.3
Mrs. Ana Teresa Aranda Orozco is authorized to sign the present
agreement by article 28, section VII of the National System of Social
Assistance Law and article 14, section XI of its Organic Statute published
in the Official Gazette of the Federation on June 1st 1999 as
well as by the testimony of public document No 76,351, witnessed by Public
Notary No 127 of the Federal District, Lic. Jorge Sanchez Pruneda on
January 26, 2001. II
“THE INSTITUTE” declares that:
II.1
It is a specialized Body of the Organization of American States
whose aim is to promote research on topics related to children,
adolescents and the family as well as to create awareness of the problems
affecting children in the Americas by promoting cooperation among the
countries of the American Continent to improve the living conditions of
children, youth and families in the areas of health, education and, in
general, in all social, juridical and cultural aspects.
II.2
Lic. Alejandro Bonasso Lenguas, legal representative of “THE
INSTITUTE”, is authorized to sign the present agreement by his position
as Director General, approved by the Agreement of the General Secretariat
of the Organization of American States signed on January 24th,
2000 and the offer of employment number 09-00. III
“BOTH PARTIES” jointly declare that:
III.1
It is their wish to sign the present juridical instrument for the
XIX Pan-American Congress of the Child whose aim is to promote the
exchange of experiences and information in the Americas on the topic of
the Family as stated in Resolution CD/Res. 19 (78-R/03) of the Directing
Council of “THE INSTITUTE”. “DIF NATIONAL” is an
organizing member of this Congress.
III.2
The XIX Pan-American Congress of the Child is a regional event
aiming at promoting awareness and understanding on the topic of the
Family, convinced that the family is the fundamental block of society and
the natural environment for the growth and well being of all its members,
as stated in the Convention on the Rights of the Child.
III.3
They have at their disposal the technical, human and financial
resources needed for the collaboration, assistance and services inherent
to this agreement. Based
on the previous declarations, both parties agreed to the following: C
L A U S E S FIRST.
“DIF NATIONAL” and “THE INSTITUTE”, by
the present agreement, establish the bases and collaboration procedures
for the organization of the XIX Pan-American Congress of the Child to be
held in Mexico City on October 27-29 2004. The goal of this Congress is to
promote the exchange of experiences and information among the countries of
the Americas on the topic of the Family as the proper environment to
protect the rights of the child. (The protection of those rights as well
as the formulation of proposals in this regard is the responsibility of
“THE INSTITUTE”). SECOND.
“THE INSTITUTE”, in fulfillment
of the present agreement, engages itself to:
THIRD.
“DIF NATIONAL”, in fulfillment of
the present agreement, agrees to:
FOURTH.
For the proper functioning of the activities mentioned in this
juridical instrument and in order to jointly supervise the Project, the
parties designate the following representatives: FOR
“DIF NATIONAL”
DEPARTMENT OF INTERNATIONAL AFFAIRS FOR “THE
INSTITUTE”
COORDINATION
OF THE INTER-AMERICAN PROGRAM OF INFORMATION ON CHILDREN AND THE FAMILY To
attend the work meetings, these representatives will appoint substitutes
authorized to make decisions .The substitutes should be of a hierarchical
level immediately below the official representative, should be a
homogeneous group able to guarantee that the adopted decisions will be
executed. FIFTH.
“DIF NATIONAL” and “THE INSTITUTE” will
jointly plan, support and manage the project and share information on the
outcomes. “DIF NATIONAL” will make the evaluation visits that
it considers necessary and “THE INSTITUTE” will be in charge of
an ongoing follow up. SIXTH.
“THE PARTIES” agree that the
administration and distribution of the economic resources assigned to this
project as well as the supervision of their applications will be the
responsibility of the party that provides these resources. To apply this
norm, “DIF NATIONAL” will request previous authorization from the
Secretariat of Income and Public Credit when the application of the
resources would be destined to the acquisition of investing goods. SEVENTH.
The parties agree that copyrights will be recognized and respected
in regard to literary, artistic or photographic works presented in all
their manifestations, interpretations, executions, editions, taping,
emissions, etc. as well as all other intellectual property rights
generated in the fulfillment of the present agreement. Without
prejudicing what has been established in the previous paragraph, “DIF
NATIONAL” and “THE INSITUTE” will be joint depositaries
of the rights and materials produced by the XIX Pan-American Congress of
the Child. EIGHT.
With respect to personnel hired by “THE PARTIES” for the
execution of the present agreement as well as contracts made with third
parties for this purpose, each party will be solely responsible for their
respective labor contracts and social security provisions. Therefore,
“THE PARTIES” fully exempt each other from any future claim that could
be posted in this regard and declare that under no circumstance they could
be considered substitute or jointly liable partners. NINTH.
The present agreement will be in force from the date of its signing
until October 29th 2004. It could be terminated earlier
provided that it is done in writing, with fifteen working days notice and
with the understanding that the activities in progress would be concluded
unless there is agreement to the contrary. Without
prejudicing what has been established in the previous paragraph, the
present juridical document could be modified or made broader provided that
it is done in writing and by mutual consent. In that case, the changes
will take effect on the date determined by the document written to this
effect. TENTH.
Any doubts or
controversies arising from the interpretation and fulfillment of this
juridical instrument will be resolved by common agreement of the parties.
If this is not possible, it will be submitted to arbitration in conformity
with Mexican law, with the parties renouncing to the jurisdiction accorded
or that could by accorded by present or future domicile. In this regard,
the parties declare as their domiciles: “DIF
NATIONAL” Av.
Emiliano Zapata No. 340, Colonia Santa Cruz Atoyac, Delegación Benito Juárez,
C.P. 03310, México, “THE
INSTITUTE”
Avenida
8 de Octubre 2904, 11600 Montevideo, Uruguay With
both parties aware of the content and legal implications of this
agreement, signed at the Federal District, on the 30th
of March, 2004 .
*
Lic. Alejandro Bonasso signs ad-referendum of the Directing Council
of the IIN. |
