This Memorandum of Understanding (MOU) will be effective as of the requested start date, May 1, 2014, and is by and among the following institutions (each, a “Party” and, collectively, the “Parties”):

 

New Mexico State University(NMSU)

University of New Mexico(UNM)

New Mexico Institute of Mining & Technology (NMT)

Eastern New Mexico University (ENMU)

New Mexico Highlands University (NMHU)

Western New Mexico University (WNMU)

Northern New Mexico College (NNMC)

San Juan College (SJC)

National Center for Genome Resources (NCGR)

Pueblo of Zuni


Recitals

Whereas, the purpose of this MOU is to acknowledge that the Parties believe that it is in their respective best interests to collaborate in the submission of an Application to the National Institutes of Health (NIH) in response to PAR-12-205 http://grants.nih.gov/grants/guide/pa-files/PAR-12-205.html entitled, “IDeA Networks of Biomedical Research Excellence (INBRE) [P20]” and in the administration of any grant awarded by NIH for the New Mexico (NM-INBRE) Program.

 

Agreements

Now, therefore, intending to be bound by the terms and conditions herein, the Parties agree:

  1. The NM-INBRE grant shall be under the direction of Shelley Lusetti, Ph.D., at the NMSU, who shall serve as the Principal Investigator (PI) on the grant application.
  2. The parties agree that the NM-INBRE shall be governed and overseen by a Steering Committee (SC).  The SC shall be composed of the PI as chairperson, the NMSU Vice President for Research, the Science Director, the Bioinformatics and Sequencing Core Director, and Institutional Liaisons designated by each of the Parties.
  3. The parties further agree that it is in the best interest of NM-INBRE to receive advice and direction from an External Advisory Committee (EAC) consisting of individuals with scientific expertise germane to the NM-INBRE Developmental Research Program.  In this regard, the EAC shall be composed of individual representatives with appropriate scientific expertise in the program’s thematic focus research areas. EAC members shall be appointed by the SC.
  4. The NM-INBRE grant submission shall be a collaborative effort of all the parties, responsive to the program announcement PAR-12-205, submitted to the NIH by and through the PI for funding and administration.
  5. The SC will establish the policies and operating procedures of both itself and the NM-INBRE, consistent with NIH guidelines, rules, and regulations.  The SC will meet at least three times during the first year of the award, and at least semi-annually thereafter. Video, teleconferencing or other means may be used in addition to in-person meetings. The SC will develop strategies for interaction with the EAC, and policies for resolution of disputes.  The SC will oversee program activities, review applications for new/replacement projects, and evaluate the progress and professional development of faculty investigators.
  6. The EAC will include at least three to five members with appropriate scientific expertise in the thematic focus area(s), who can provide advice to the SC for scientific, administrative, and overall programmatic matters. The EAC will review applications for new/replacement projects as advanced by the SC, prior to submission to NIH-NIGMS for final review, and evaluate the progress of faculty investigators, as well as the overall program. The EAC will meet at least twice annually. Video, teleconferencing or other means may be used in addition to in-person meetings. EAC reports are included in yearly progress reports to NIH-NIGMS.
  7. All parties agree to support and implement the objectives of the NM-INBRE grant as stated in the approved proposal.
  8. Each Party will allow sufficient time for funded project investigators to accomplish research activities and career development as defined in PAR-12-205.  Each Party considers research accomplishments as part of advancement and tenure criteria.
  9. Any disputes between or among any of the parties to this MOU relating to the NM-INBRE and its administration, which cannot otherwise be resolved collegially, shall be forwarded to the Steering Committee for resolution.
  10. All parties agree to abide by the decision(s) of the Steering Committee regarding disputes forwarded to it, relating to the NM-INBRE and its administration.
  11. This MOU will be effective as of the requested start date May 1, 2014 and shall continue for a period of 5 years thereafter and will terminate on the latter date, unless renewed in writing prior to that date.  Any party may withdraw from this MOU for any reason by giving each other party prior written notice.
  12. Each party will be responsible for its own expenses related to the collaboration contemplated under this MOU, including the costs associated with participation on the SC.
  13. The parties agree that they are independent contractors of one another in performance of all services hereunder.  No party is authorized to act as agent for the other for any purpose and will not on behalf of the other enter into any contract, warranty, or representation as to any matter.  No party will be bound by the acts or conduct of another.  
  14. Any change in the terms of this MOU will be valid only if the modification is made in writing and signed by the duly authorized signatories of each of the then existing Parties to this MOU.
  15. This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall be considered the one and same instrument.
  16. Nothing contained in this MOU shall be construed to limit or otherwise restrict the sovereignty or jurisdiction of the respective parties hereto with respect to the conduct of research being performed by each such party.
  17. The liability of the institutions that are parties to this Agreement shall in all cases be subject to the immunities and limitations set forth in the New Mexico Tort Claims Act, N.M. STAT. ANN. § 41-4-1 et seq. (1978, as amended).