Agreement between the National Institute of Performing Arts and Music and the Adadi Lighting Authors Association, for the joint organization of actions that facilitate development in the technical and artistic areas of live performance
In Madrid,
as of January 10, 2023.
On the one hand, Mr. Joan Francesc Marco Conchillo, General Director of the National Institute of Performing Arts and Music (hereinafter, INAEM), in number and representative of the aforementioned body, with headquarters in Plaza del Rey, No. 1 (28004) of Madrid, and NIF number Q2818024H, by virtue of the appointment made by Royal Decree 229/2022, of March 29, in exercise of the powers attributed by Royal Decree 2491/1996, of December 5, of organic structure and functions of the National Institute of Performing Arts and Music (BOE No. 306 of December 20).
On the other, Mr. Pedro Yage Guirao, as President of the Association of Lighting Authors ADADI (hereinafter, the AAI), with CIF G86612322 and address in Madrid (CP 28015), calle San Bernardo 20, 1. Izq .; by virtue of his appointment by agreement of the General Assembly dated December 2020, 15 and the powers of legal representation granted to him by article XNUMX of the association's statutes.
Both parties recognize competence and capacity respectively to formalize this agreement.
EXPONENT
I. That INAEM is an autonomous body under the Ministry of Culture and Sports, in charge of obtaining the following fines: The promotion, protection and dissemination of performing arts and music in any of its manifestations; the external projection of the activities referred to in the previous section; cultural communication between the Autonomous Communities in matters pertaining to the body, in accordance with them.
II. That the AAI is the Association of Lighting Authors, a non-profit entity that was born in Madrid in August 1998 with the aim of joining efforts and obtaining greater professional recognition of the figure of Lighting Design and video scene.
third That the parties are interested in developing actions to favor and promote the relationship between the technical professionals of live shows and the authors of the Lighting and video-scene (theatre, opera, dance, music, circus, etc.) and of architectural lighting, interior design, events and shows in general; and, by virtue of what is exposed, it expresses its willingness to collaborate by signing this framework agreement that sets the initial commitments between the signatories and that is conditioned to the future signing of specific agreements where those commitments are specified, in accordance with the following
CLAUSES
first object
The purpose of this agreement is to establish the bases of collaboration between the INAEM and the AAI, for the joint organization of different activities and actions that may arise in common agreement throughout the term of this agreement to facilitate development in the technical areas. and artistic of the live show.
Second Actions to be carried out by the parties
The planned actions consist of:
- – Promote and support entrepreneurship in the sector included in the AAI.
- – Promote the transfer of knowledge between educational or training centers and companies.
- – Develop activities to promote technical and artistic training in the areas included in the AAI.
- – Collaborate in the development of training courses for employment, conferences, symposia and other events that facilitate the job promotion of technical personnel and the work of the areas that are included in the AAI in live shows.
For its compliance, INAEM undertakes to:
- – Collaborate in the development of the actions mentioned above.
- – Collaborate in innovation projects linked to the productive sector.
- – Develop and adapt training to the needs and opportunities of the sector.
- – Establish an open and direct dialogue channel with the AAI through the Show Technology Center.
- – Publicize the achievements resulting from this agreement through its website, social networks and the media.
On the other hand, the AAI is committed to:
- – Collaborate in the development of the actions mentioned above.
- – Maintain an open and direct dialogue channel with the Show Technology Center.
- – And publicize through its website, social networks and the media the achievements resulting from this agreement.
Third Obligations and economic commitments assumed by the parties
No compensation or economic commitments are derived from this agreement between the parties that sign it, since the Center for Show Technology has among its fines and its own activity the conducting of training courses for live show technicians and the continuous training of personnel. of the INAEM.
Fourth Promotion and dissemination
The parties undertake to use these resources to facilitate the dissemination of the activities covered by the Convention.
In all the promotion and dissemination of the events that are the object of this convention, represent the number and logo of the institutions involved, and the parties must deliver the materials that are necessary for the inclusion of the aforementioned logos to the party that makes the supports. promotions in which they must be included.
Fifth Monitoring, surveillance and control mechanisms
For the management of the object of this agreement, the interlocutors will be: by the INAEM, the head of the management of the Show Technology Center or person delegated; and by the AAI, the President or person delegated, who will be in charge of resolving interpretation and compliance problems that may arise.
Sixth Coordination on occupational risk prevention
The AAI certifies that it complies with the requirements imposed by the Occupational Risk Prevention Law and related current regulations. For this reason, it assumes the commitment to notify INAEM of the risks that its work may generate in its dependencies, such as the preventive measures that must be adopted to avoid or control them, according to RD 171/2004, of January 30, which develops Article 24 of Law 31/1995 of November 8, on Occupational Risk Prevention, in matters of coordination of business activities.
Maximum regime of modification and term of validity
This agreement is perfected on the date of signing by the last of the signatories and its validity will last 4 years.
Complies with the provisions of article 48.8 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, the agreement will be effective once registered, within 5 business days from its formalization, in the Electronic Registry state bodies and instruments of cooperation of the state public sector and be published within 10 business days from its formalization in the Official State Gazette.
The modification of the terms of this agreement and/or the extension of its validity required the unimate agreement of the parties by signing the corresponding addendum.
In accordance with the provisions of article 49.h) 2. of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, the extension of the agreement may be agreed for a period of up to four additional years.
Eighth Extinction and consequences in case of non-compliance
This agreement may be terminated by compliance or by resolution.
The causes of resolution will be those provided for in current legislation and, in particular:
- a) The expiration of the term of validity without an agreed extension.
- b) The unanimous agreement of all the signatories.
- c) Failure to comply with the obligations and commitments assumed by any of the signatories.
In this case, either party may notify the defaulting party of a requirement for it to comply within a certain period with the obligations or commitments that are considered breached. This requirement will be communicated to the person responsible for the mechanism for monitoring, surveillance and control of the execution of the agreement and to the signatory parties.
If after the period indicated in the requirement the non-compliance persists, the part that the director notifies the signing parties of the concurrence of the cause for resolution and the agreement is heard resolved.
In the event of non-compliance by any of the parties of the obligations contracted under this agreement, the possible compensation will be governed by the provisions of the applicable regulations.
- d) The judicial decision declaring the nullity of the agreement.
In the event of early resolution, the actions provided for in the second clause that occur in the course of execution must be completed within the non-extendable period set by the parties at the time of resolution in the terms established in article 52.3 of Law 40. / 2015, as of October 1.
The parties are released from the fulfillment of their reciprocal obligations in the event of an act of God or force majeure. Understand, in all cases, as an event of force majeure, events such as fires, floods, wars, acts of vandalism or terrorism, prohibition of activities by the competent authority and, in general, all those that cannot be avoided. . The party alleging force majeure must duly justify it.
Tenth Collaboration between the parties
The parties signing this document will collaborate at all times, pointing out the principles of good faith and efficiency to ensure the correct execution of the agreement.
The parties will endeavor to resolve amicably any controversy that may arise during the execution of this agreement.
Eleventh Interpretation and conflict resolution
This agreement is administrative in nature. Controversies that may arise from the interpretation, modification, resolution and effects that may derive from this agreement are resolved between the parties, exhausting all possible forms of conciliation to reach an out-of-court agreement. Failing that, the courts of the contentious-administrative order will be competent to hear the disputed issues.
Thirteenth Protection of personal data
In application of the provisions of Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, the personal data contained in this agreement will be processed by INAEM and incorporated into the activity of treatment Collaborative activity, the purpose of which is the transmission and management of the general action agreements and protocols to which the INAEM is a party, purpose based on the public interest of the Agreement or Protocol and its execution.
The personal information may be communicated to the General Intervention of the State Administration, to the Court of Accounts and will be published on the Transparency Portal of the General State Administration, in accordance with Law 19/2013, of December 9, of Transparency, Access and Good Governance.
Personal data will be kept as long as it is necessary for the purpose for which it was collected, the Spanish archives and documentary heritage regulations being applicable.
You can exercise your rights of access, rectification, deletion and portability of your data, limitation and opposition to its treatment, such as not being subject to decisions based solely on the automated processing of your data, when appropriate, before the INAEM in Plaza del Rey 1, 28004, Madrid or through the electronic office www.culturaydeporte.gob.es.
Fourteenth Competitions
This agreement does not imply the waiver of the parties to their respective powers.
And in proof of conformity, they sign this agreement, in the place and on the date indicated.-Representing INAEM, the General Director, Joan Francesc Marco Conchillo.-Representing the AAI, the President, Pedro Yage Guira.
