AGREEMENT OF INTERINSTITUTIONAL ACAOEMIC AND TECHNICAL
COOPERATION BETWEEN TEXAS A&M UNIVERSITY AND THE NATIONAL
COLLEGE OF PROFESSIONAL TECHNICAL EDUCATION
MEMORANDUM OF AGREEMENT
AGREEMENT OF INTERINSTITUTIONAL ACADEMIC AND TECHNICAL COOPERATION BETWEEN TEXAS A&M UNIVERSITY, OF THE UNITED STATES OF AMERICA,. HEREUPON TO BE REFERRED AS “TAMU”, REPRESENTED BY ITS PRESIDENT, DR. RAY M. BOWEN, AND THE NATIONAL COLLEGE OF PROFESSIONAL TECHNICAL EDUCATION, OF THE MEXICAN UNITED STATES. HEREUPON TO BE REFERRED AS “THECONALEP”, REPRESENTED BY ITS GENERAL DIRECTOR, ING. DIODORO GUERRA RODRIGUEZ.
“TAMU” and “THE CONALEP,” herein after the parties,
ENCOURAGEDby the desire to strengthen the existing bonds of friendship and cooperation between the United States of America and Mexican United States;
CONSIDERINGthe Articles 3 and 12.1 of the Basic Agreement of Scientific and Technical Cooperation signed between the Governments of the United States of America and the Mexican United States on June 18, 1972;
CONSIDERINGwhat is provided in the corresponding Annex Three to the Memorandum of Understanding of Education Between the Governments of the United States of America and Mexjcan United States, subscribed in Washington, D.C. on June twenty first, 1993.
INTERESTEDin promoting and developing specific academic, technical, and
scientific programs of cooperation;
They have decided to celebrate on this date, an Agreement of Interinstitutional
Academic and Technical Cooperation, in accordance with the following Statements and Clauses:
STATEMENTS
I. FROM "THE CONALEP":
I.1That it is a public institution, decentralized from the Federal Government of Mexican United States having its own legal status and patrimony, whose purpose is to contribute to national development by providing training programs for qualified professional personnel at the post-secondary level, which the country’s private sector demands, and which will be in agreement with the original Decree, published by the Diario Oficial de la Federación (Official Journal of the Federation), on December 29, 1978.
1.2Which, in order to completely satisfy the goals and objectives established under this Decree, recognizes the importance of academic and technical cooperation with educational institutions, national and foreign, public or private of singular importance.
1.3That its General Director, Ing. Diodoro Guerra Rodríguez, in accordance with the attributions conferred by Articles 3 and 14, Section I and VIII of the Decree that created “THE CONALEP”; as well as Articles 22 and 59 Section I of the “Ley Federal de Entidades Paraestatales”, has the legal capacity to subscribe to this Agreement.
1.4Whose address, for the legal purposes of this Agreement, is: Avenida CONALEP No.5, Municipio de Metepec, Estado de Mexico, C.P. 52140.
II. FROM "TAMU":
II.1That it is a public institution of the State of Texas dedicated to the development and dissemination of knowledge in many and diversified academic and professional fields. It is committed to assist students in their search for knowledge, to help them understand themselves and their cultural and physical environments, and to develop in them the wisdom and skills needed to assume responsibility in a democratic society. It assumes the historic trust of maintaining and enhancing the intellectual environment that encourages the development and expansion of the human mind and spirit. It aspires excellence in teaching, research, and service.
II.2As the Land-Grant/Sea-Grant/ Space-Grant Institution for the State of Texas it is evolving and expanding its role to meet the changing needs of state, national and international communities, and thus recognizes the importance of academic and technical cooperation with educational institutions, national and foreign, public or private.
II.3The president of the institution, Dr. Ray M. Bowen, in accordance with the power vested by the Board of Regents governing the institution has the legal capacity to subscribe to this Agreement.
II.4Whose address, for the legal purposes of this Agreement, is: Office of the President, Texas A&M University, College Station, Texas, USA 77843
III. JOINT STATEMENTS:
III.1That they acknowledge their respective personalities and attributions, that they hold for the subscription of this Agreement.
III.2That they have the necessary resources to fulfill the present Agreement of Cooperation.
III.3In approval of the aforementioned statements, the parties convene in celebrating this Agreement as follows.
CLAUSES
FIRSTBoth parties agree that the purpose of this Agreement is to establish general conditions of interinstitutional academic and technical cooperation in areas of mutual interest and benefit.
SECONDA procedure will be developed jointly by both parties for the review and approval of proposals in areas of mutual interest. Such proposals for specific programs or projects will be presented in written form and will describe in detail the activities to be developed, localities involved, work calendars, profile and number of personnel involved, required budgets, the financial and physical resource participation of each party, evaluation forms, and other necessary data and documents to accurately determine the end scope of each project. Once approved, such proposals will be considered parts of this Agreement and will be in a category of specific agreements of collaboration.
THIRDIn order to accomplish the purpose of this Agreement, both parties will agree to collaborate in the following ways in the future:
a)Support approved academic and cultural projects involving the exchange, of information, experts, instructional materials, equipment and other elements considered necessary for strengthening their respective educational capacities. In addition, exchange programs for cultural, social, and educational purposes will be supported. AII of these exchange projects will be for the benefit of our respective communities in both the United States of America and Mexican United States, and will be implemented without affecting other instructional, administrative and service activities but will enhance them. These student and professional exchanges will be subject to the normal admission requirements and fees of the host institution as enumerated in Supplements to this Agreement.
b)Organize joint programs and activities, such as pilot programs of an experimental nature, in those areas and topics that are judged of common interest and mutual benefit.
c)Implement courses in specialized technical as well as a schedule of conferences, round tables, seminars and other academic activities for faculty. The student community of both institutions will be invited to participate in these activities as deemed appropriate.
d)Conduct joint surveys and studies necessary for better understanding of problems and needs regarding technical education of interest to the United States of America and Mexican United States.
FOURTHBoth parties agree to abide by all institutional, national and intentional laws and regulations applicable to intellectual property and access to information.
FIFTHIn order to facilitate and insure the successful development of programs and activities under this Agreement both parties will establish planning, evaluation, and follow-up procedures for each approved project.
SIXTHThe parties will periodically inform the Joint Commission created by the Basic Agreement of Scientific and Technical Cooperation, signed on June 18, 1972, of their activities.
SEVENTHThe present Agreement will take effect commensurate upon its signing and will be in force for a five year period after which renewable Agreements with maximum periods of five years will be enacted through mutual consent. Any expenses incurred by each institution under this Agreement will be the sole responsibility of that institution.
Either party can terminate the Agreement by written notification to the other party with sixty days of notice. The development and culmination of the projects that are in the progress at that time will be solved by negotiation and common consent.
EIGHTIf any doubts should arise in regard to the interpretation of the fulfillment of the present Agreement, the parties will solve their differences by common consent.
Both parties agree that the present Agreement will be subject to legal regulation applicable at the time in both the United States of America and Mexican United States.
This Agreement having been read and the participants having been informed of its content and scope, is signed in College Station: Texas, U.S.A., on the 21 day of the month of October; nineteen hundred and ninety four, in two copies, in English and Spanish, all of them being exactly alike and authentic
By ”TAMU"DR. RAY M. BOWEN
PRESIDENT / By ”THE CONALEP"ING. DIODORO GUERRA RODRIGUEZ GENERAL DIRECTOR
LETTER OF INTENTION
The Educational Institute of AH&MA ("the Institute") and Colegio Nacional de Educacion Profesional Tecnica, ("CONALEP"), intend to enter into an Agreement, the substance of which follows:
1.The Institute will grant CONALEP the right to translate and reproduce its course materials (consisting of a textbook a student manual an instructor's guide, progress tests, and a final exam) and related resources, such as videos and instructional software, for distribution and sale exclusively within CONALEP's campuses.
2.CONALEP will pay the Institute a fee of US$10,OOO per course for the right to translate the materials. CONALEP will pay the Institute a total of $190,000 for the 19 courses in the five (5) Areas of Specialization in 1993.
3In addition CONALEP will pay the Institute an examination fee of US $15 per course for each student.
4.CONALEP will require its students to complete the appropriate Institute five - course Specializations and will guarantee its use of a minimum of 1,000 courses in the first year.
5.The Institute will own the copyright to the translated materials, and CONALEP agrees to recognize and honor the Institute's copyright by not making the resources available outside of CONALEP.
6.The Institute will automatically provide CONALEP with a copy of each revision of a course, software, or video at no additional charge.
7.CONALEP will provide the Institute with a copy of each translated resource in a form suitable for reproduction and duplication by the Institute. The Institute will have the right to market and sell the translated materials. If the Institute sells any of the translated material, the Institute will pay CONALEP a royalty of 10% of the net revenue received from the sale.
8.Recognizing that the costs of business increase over time, CONALEP agrees that the Institute may increase its examination fee every two years by no more than $1 per course per student.
9. The Institute will provide consulting services to CONALEP to enable CONALEP to implement the Institute's programs into its campuses.
10. The Agreement will be for a period of ten years with renewal options.
11. With the signing of this Letter, CONALEP will pay the Institute a non-refundable fee of US $5,000 as a sign of good faith. This amount will be applied against the translation fees to be paid by CONALEP when the formal Agreement is signed. CONALEP agrees to consummate the formal Agreement by 31 August 1993.
Signed this 10th day of august 1993.
E. RAY SWAN,PRESIDENT /