RESEARCH COLLABORATION AGREEMENT BETWEEN THE SÃO PAULO RESEARCH FOUNDATION (FAPESP) AND CANADA'S INTERNATIONAL DEVELOPMENT RESEARCH CENTRE (IDRC)
Together (the Parties)
Where as, the SÃO PAULO RESEARCH FOUNDATION, is 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 23, 1962, represented by its President, Prof. Dr. JOSE GOLDEMBERG, 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 August 22nd, 2015, hereinafter referred to as FAPESP.
Where as CANADA'S INTERNATIONAL DEVELOPMENT RESEARCH CENTRE (IDRC), is a Canadian Crown Corporation established by an Act of Canada’s Parliament, the International Development Research Centre Act, R.S.C., 1985, c. I-19 (http://laws-lois.justice.gc.ca/eng/acts/I-19/FullText.html), with its registered head office at 150 Kent Street, Ottawa, Ontario, Canada, K1P 0B2. IDRC invests in knowledge, innovation and solutions to improve lives and livelihoods in the developing world.
CONSIDERING the importance of promoting cooperation in scientific and technological research between the broader Latin American and Caribbean region and the State of Sao 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 within the region of Latin America and the Caribbean and also to encourage new forms of collaboration between the Parties;
WISHING to promote collaborative initiatives in scientific research and technological development in priority areas of interest to both Parties;
Agree as follow:
1.1 Through this Research Collaboration Agreement (Agreement), the Parties will support scientific and technological cooperation between researchers supported by IDRC, and researchers supported by FAPESP, through the funding of joint research projects.
1.2 The Agreement provides a framework within which the Parties will operate in order to facilitate their collaboration as set out in sub-section 1.1 directly above. It also describes the roles and responsibilities between the Parties individually and working together.
2. Methods of Collaboration
2.1 FAPESP and IDRC share certain objectives in supporting research, including:
a) Supporting research that is designed to address development challenges and lead to poverty reduction;
b) Supporting research of high scientific merit, robust methodologies, and development relevance;
c) Support communication activities to share research findings and to promote the use of research results;
d) Strengthening researcher capacity;
e) Strengthening capacity of policy and civic society actors to utilize research results;
f) Strengthening and building capacity in research and in policy analysis, development and influence in developing countries.
2.2 The Parties will promote their collaboration subject to their respective international obligations and domestic laws and other existing regulations, through mechanisms such as the implementation of joint research projects on issues of common concern, including exchanging knowledge and results.
2.3 The Parties shall maintain the highest ethical and legal standards in funding research under this Agreement.
2.4 The Parties will cooperate on preventing fraud and corruption within and through joint initiatives of this Agreement. The Parties will take steps to ensure that the risk of fraud and corruption is minimized. In accordance with their internal policies and practices, the Parties will take action to stop any suspected misuse of resources or corruption. The Parties will inform each other promptly of any instances of fraud or corruption in relation to joint initiatives of this Agreement and of the measures taken.
3.1 The Parties will each appoint one representative to serve on a Steering Committee responsible for the implementation of this Agreement. The Steering Committee will be composed of one senior level representative of each Party, nominated by each Party respectively. Decisions of the Steering Committee will be made by consensus. The Steering Committee will meet once a year, or more frequently as needed, and will elaborate and agree on Terms of Reference at its first meeting, but these Terms of Reference shall at a minimum provide for:
a) The Steering Committee will provide strategic guidance to the Parties’ collaboration;
b) The Steering Committee will identify potential opportunities for research collaboration;
c) The Steering Committee will ensure a strong relationship between FAPESP and IDRC;
d) The Steering Committee will be responsible for drafting the call for proposals;
e) The Steering Committee will establish procedures for the submission and review of the proposals in case of mutual interest.
3.1.1. Any amendment of such terms of reference will require agreement of both Parties.
3.2 The Parties will work together in order to make decisions regarding which proposals will be funded by FAPESP and IDRC, subject to each Party’s policies and procedures. The process for receiving and reviewing proposals will be defined by the Parties in each call for proposals.
3.3 The Parties will respect the branding and visual identity requirements of each Party in any communication developed for any initiative under this Agreement for the public domain.
3.4 The Parties agree to launch any initiative with a joint announcement approved in writing by both Parties and to publicize the announcement widely.
3.5 Each Party covers its own administration costs regarding its contribution to the Call for Proposals, unless the Parties agree otherwise in writing.
3.6 The Parties may agree to host delegation meetings, workshops and other activities, as applicable.
4.1 FAPESP and IDRC will explore different ways of supporting the generation and use of high-quality, results oriented research on shared programming priorities such as, but not limited to: Aedes control technology and youth and employment.
4.2 Different areas of interest can be specified by the Steering Committee, through calls for proposals.
5.1 For each of the research projects that are approved, FAPESP will support the research teams affiliated to institutions of the State of Sao Paulo, Brazil, and the IDRC will fund research teams that are eligible to receive funding from IDRC in all cases according to their rules and regulations and budget availability.
5.2 The amount of funding necessary to support Collaborative Research Projects will be defined by the Steering Committee in each call for proposals.
6. Intellectual Property
6.1 The Parties agree that when research undertaken by virtue of this Agreement result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions in force. Participants should also observe the Intellectual Property policies of the Party responsible for the funding of their team.
6.2 The Parties will include a term in agreements with recipients of research funding that requires such recipients to respect intellectual property rights.
7.1 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.
7.2 Either Party may terminate this Agreement by a three months’ advance written notice.
7.3 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.
7.4 This Agreement may be amended by written agreement of the Parties.
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:
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil
Att.: Scientific Director
Director, Donor Partnerships Division
150 Kent Street, Ottawa, ON
9.1 FAPESP and IDRC will use their best efforts to settle amicably any dispute arising out of the application or subject matter of this Agreement. FAPESP and IDRC will escalate any dispute, as needed, to their senior executive level. If the Parties are not able to reach a resolution pursuant to this sub-section, the Parties may terminate this Agreement pursuant to sub-sections 7.2 and 7.3.
9.2 Neither party may use any identifying marks of the other without the express written permission of the other party.
9.3 It is not the intention of the Parties that this Agreement should be legally binding. No remedy or penalty shall arise in the event that any Party fails to carry out its roles and responsibilities as set out in this Agreement.
9.4 This Agreement provides a framework for collaboration among the Parties. It is not an international treaty. IDRC is not an agent of the Government of Canada.
Signed in two original copies in English and Portuguese, both texts being equally valid and authentic.