Agreements
Memorandum of Understanding between FAPESP and Mitacs Inc Versão em português
The SÃO PAULO RESEARCH FOUNDATION, established by Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, enrolled in CNPJ/MF under nº 43.828.151/0001-45, herein represented according to article 11, “a” of Law nº 5.918, combined with its General Rule approved by Decree n° 40.132, of May 23rd, 1962, represented by its President, Prof. Dr. MARCO ANTONIO ZAGO, in the exercise of the powers delegated by Act of the Governor of the State of São Paulo, published in the Official Gazette of the State, of September 29, 2018, hereinafter referred to as FAPESP, and Mitacs Inc., represented by its Chief Executive Officer and Scientific Director, Dr. John Hepburn, hereinafter referred to as Mitacs.
CONSIDERING FAPESP and Mitacs hereinafter referred to "Parties”;
CONSIDERING the importance of promoting cooperation in basic scientific research between Canada and the State of São Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;
CONSIDERING the need to strengthen the links between the scientific communities of both regions and also to encourage new forms of collaboration between the research centers of both regions;
WISHING to promote initiatives for collaboration in basic scientific research in all scientific areas, fostering bilateral cooperation;
Agree as follow:
1. Purpose
Through this Research Collaboration Agreement, the Parties will implement scientific cooperation between researchers from Canada and from the State of São Paulo, Brazil, through the funding of joint research projects.
2. Methods of Collaboration
The Parties will promote such collaboration observing their international obligations, domestic laws, and other existing regulations through mechanisms such as implementation of joint research projects on issues of common concern, including exchanging knowledge and results.
3. Areas
Opportunities for joint research proposals will be open for research projects in any scientific domain.
4. Implementation
a) In establishing methods of collaboration pursuant to Section 2, above, the Parties will do so in accordance with the scientific relevance and the national legislation in Brazil and Canada, respectively, and each Party’s budget availability.
b) The Parties will each appoint one representative to serve on a Joint Steering Committee responsible for the continuation of this Agreement and for drafting the opportunities for joint research proposals such as calls for joint proposals (“Call for Proposals”).
c) Each Party will receive and review the proposals according to its own criteria and rules. After the revision of the proposals, the Parties will decide which proposals will be supported.
d) The Parties may establish procedures for the submission and review of the proposals in case of mutual interest and the decision of the Joint Steering Committee.
e) The Parties may agree to host evaluation meetings, workshops, correspondence and other procedures, as applicable.
f) The Parties are committed to follow up, support, and evaluate the approved projects on a regular basis.
5. Funding
a) A part of this collaboration, both Mitacs and FAPESP commit to contribute funds towards ensuring the mobility of researchers from Canada and São Paulo participating in this initiative.
b) Each Party covers its own administration costs regarding its contribution to the Calls for Proposals, unless otherwise jointly decided.
c) This Agreement is subject to the availability of funds in the budget of the Parties and the applicable laws and regulations of their respective countries.
6. Intellectual Property
All participating institutions and interns involved with a program are bound by the intellectual property terms of the participating institution where the intern is enrolled. Mitacs will take no position in the intellectual property created by the projects and scholarships/internships that are funded. Participants from the State of São Paulo should also observe the FAPESP Intellectual Property Policy.
7. Term
a) This Agreement shall be valid for a period of 5 (five) years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this Agreement.
b) Either Party may terminate this Agreement by a six months advance written notice.
c) The termination of this Agreement shall not bring harm to the implementation of projects and programs already approved or which had already started, in which case the Parties should keep their budget for the projects and programs during the term of their validity.
8. Modifications
This Agreement may be amended by mutual consent of the Parties and made official by Addenda.
9. Communications
Any notice to be served on either of the Parties by the other shall be made in writing and shall be sent to the following addresses:
(a) FAPESP:
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil
Email: dc@fapesp.br
Att.: Scientific Director
(b) Mitacs:
6190 Agronomy Road, Suite 301
Vancouver, British Columbia V6T 1Z3
Email: director@mitacs.ca
10. Miscellaneous
a) FAPESP and Mitacs acknowledge and agree that, for the purpose of fulfilling their respective obligations pursuant to this Memorandum, they will necessarily share personal information of program applicants. FAPESP and Mitacs mutually agree that they will treat any such personal information in strict compliance with their local law in that respect. Personal information shared between Mitacs and FAPESP will only include application information, and will not include the personal sensitive information of applicants.
b) The Parties agree that this Agreement is produced in good faith, so that any dispute and/or interpretation arising therefrom in relation to its implementation, execution, and compliance will be resolved jointly by them and shall be in writing. If no agreement is reached between the Parties, this document will be terminated without liability to the Parties that should agree how to conclude the actions in progress to date of notification of termination by either party. Neither party may use any identifying marks of the other without the express written permission of the other party.
Signed on April 1, 2020, in two original copies in English and Portuguese both texts being equally authentic. In case of conflicting interpretation, the English version will be mandatory.