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Resolution Of 13 March 2013, Of The Judicial General Mutual Insurance Company, Which Publishes The Agreement Of Entrustment Of Management With The Fábrica Nacional De Moneda Y Timbre-Real Casa De La Moneda, For The Manufacture And Delivery Of Cards San...

Original Language Title: Resolución de 13 de marzo de 2013, de la Mutualidad General Judicial, por la que se publica el Acuerdo de encomienda de gestión con la Fábrica Nacional de Moneda y Timbre-Real Casa de la Moneda, para la fabricación y entrega de las tarjetas sanita...

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TEXT

With the date of January 15, 2013, the Agreement for the management of the General Judicial Mutuality (MUGEJU) to the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM) has been signed for the manufacture and delivery, to the mutualists of this Agency, to European health cards and to individual membership cards.

In compliance with the provisions of Article 15 (3) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in accordance with the Article 14 (g) of Royal Decree 1206/2006 of 20 October 2006 governing the composition and functions of the organs of government, administration and representation of the General Judicial Mutuality, this Management resolves:

Proceed to publication in the "Official State Gazette" of the said Agreement, which is incorporated as an annex to this resolution.

Madrid, March 13, 2013.-The Manager of the General Judicial Mutuality, Celima Gallego Alonso.

ANNEX

Agreement on the management of the General Judicial Mutuality and the National Mint and Timbre-Real Casa de la Moneda

Madrid, 15 January 2013

UNITED

From one part, Doña Celima Gallego Alonso, Manager of the General Judicial Mutuality (hereinafter MUGEJU), in the name and representation of the same, in use of the powers conferred on him by Article 14 of the R.D. 1206/2006, of 20 of October, by which the composition and functions of the organs of government, administration and representation of the General Judicial Mutuality are regulated.

The Entity is regulated by Law 6/1997 of April 14, Organization and Functioning of the General Administration of the State and by R.D. Legislative 3/2000, of June 23 (L. 52/2002, of 30 December) and the R.D. 1206/2006 of 20 October.

And on the other hand, Don Jaime Sánchez Revenga, as Director General, a position for which he was appointed by Royal Decree 286/2012, of January 27, "BOE" No. 24, of 28 January 2012, in the name and representation of the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM), according to Article 19 of its Statute, being this entity Public Body, Business Public Entity, having its institutional address in Madrid, Calle Jorge Juan, 106, and identification code Q28/26004-J.

The Entity is regulated by Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State and by its Statute, approved by Royal Decree 1114/1999 of 25 June, and amended by the Royal Decree Decree 199/2009, of 23 February, being attached to the Ministry of Finance and Public Administrations, pursuant to Article 18.11.c) of Royal Decree 256/2012, of 27 January, for which the basic organic structure of the Ministry of Finance and Public Administrations.

EXPOSE

1. That MUGEJU has among its tasks the management of the provision of the judicial mutualism system, according to the criteria of effectiveness, rationalization of structure and reduction of the public deficit, but also with the purpose of improving the efficiency and quality of performance.

2. That MUGEJU, in order to achieve these ends, contemplates in its Action Plans the continuous modernization of the systems of management and control of its benefits, by incorporating to the same of the modern advances that provide the technologies computer.

3. That these procedures for managing the benefits of MUGEJU are characterized by a high level of choice on the part of the insured, which results in high rates of satisfaction of these with the services received. However, this management formula requires, for its proper control, adequate control procedures based on the mutual information systems and supports for the identification of the insured person and for the provision of the benefits.

4. That among the above mentioned elements, without prejudice to implanting new ones for the needs over the duration of the present Management Encomienda, are found:

-The membership card, intended to document and credit the holders and beneficiaries of their membership of the Special Social Security Regime of officials at the service of the Administration of Justice.

-The medical prescription, which serves as a support for the pharmaceutical provision and the health and economic relations optional-patient-office of farmace-MUGEJU.

-The European Health Card, aimed at documenting and crediting holders and beneficiaries travelling abroad.

5. That the FNMT-RCM as a factory and trust entity of the State is specialized in the incorporation of security measures, in all kinds of forms and documents, in order to avoid its falsification.

6. That the FNMT-RCM has the necessary technology and human resources to guarantee the quality in the production of the documents already indicated, as well as the control of their storage, custody and distribution.

7. That among the purposes of the FNMT-RCM is "the provision or execution, in general, of the services or tasks related to the branches of the establishment for public or private entities, both domestic and foreign".

8. That the National Mint and Timbre-Real Casa de la Moneda is a means of its own and technical service of the General Administration of the State, in the terms of the Royal Legislative Decree 3/2011, of November 14, which approves the Recast Text of the Law of Contracts of the State, and of the Statute of the Entity, approved by Royal Decree 1114/1999, of 25 June, and amended by Royal Decree 199/2009, of 23 February.

9. In accordance with Article 3 of the Statute of the Entity, the FNMT-RCM shall accept the orders made by the contracting authority, the General Administration of the State, as well as those made by the entities and public bodies involved or dependent on it.

10. That, for all the above, the FNMT-RCM is in a position to execute the benefits covered by this document, with the necessary security measures for the purposes described.

11. That on 19 November 2009 the FNMT-RCM and MUGEJU signed an Encomienda de Gestion for the manufacture of the recipe talonaries. setting the duration of the same to a maximum of four years.

12. That, since the date of the aforementioned agreement, and through a series of amendments, the FNMT-RCM has been keeping at the disposal of the MUGEJU its technical infrastructure for the needs that may arise. In this sense, MUGEJU, by means of a series of annual benefits, has been responsible to the FNMT-RCM for the development of not only recipes, but also for the elaboration and customization of both the European and the individual membership card.

13. That the expiration of the current Management Committee and, consequently, of the adendas subscribed, and subsisting, by the MUGEJU, the need to continue making available to its beneficiaries and holders the recipes, membership cards and European health cards, it is necessary to prepare and sign a new Management Encomienda that will enable the continuity of the supply of the mentioned elements.

On the basis of the above, both parties, in the representation they hold, are recognized as necessary and sufficient competence and capacity to formalize this Management Agreement, within the framework of Articles 4.1.n. 24.6, of the Royal Legislative Decree 3/2011, of 14 November, which approves the recast text of the Law of State Contracts, and in accordance with the following

CLAUSES

First. Scope of subjective application.

They have the status of parties, thus being linked to the present Encomienda de Gestion, the General Judicial Mutuality and the FNMT-RCM.

Second. Object of the Management Encomienda.

This Management Encomienda Agreement is intended to make the FNMT RCM available for the services required for provisioning to MUGEJU of the following items:

1. Recipes in any of their varieties (talonary, dried paper, etc.), with the characteristics and safety requirements in their manufacture and storage and in the quantities necessary to meet the demand, according to the specifications Techniques collected in Royal Decree 1718/2010, of December 17, on medical prescription and dispensing orders, published in the "BOE" n. 17 of 20/01/2011.

2. European health card, with the characteristics and safety requirements in its manufacturing and storage as well as for centralized customization and in the quantities necessary to meet the demand.

3. Individual membership card, with the security features and requirements in its manufacturing and storage as well as for centralized customization and in the quantities needed to meet the demand.

4. Any others who, during the term of the present Encomienda de Gestion, need to implement in the field of Judicial Mutualism for the modernization and streamlining of the service that is provided to the mutualists and that, for their characteristics, be capable of being entrusted to the FNMT-RCM.

The number, characteristics, delivery, and billing of such documents are detailed in the addendum 1 that accompanies this Management Encomienda.

Third. Conditions of the benefit.

The FNMT-RCM shall, by its means and directly, carry out the management and development of the benefits included in the relevant addendum. For the execution of any of the phases, described in the aforementioned amendments, the Entity may have collaborating companies, approved by the FNMT-RCM, as technical means or technical services for the fulfillment of this Agreement.

The unit prices of each product shall be set according to the technical characteristics and the quantity of each model, which shall be reflected in the corresponding Annexes.

On the other hand, if the management needs of MUGEJU require the implementation of any other model, format, or document that is framed in the security document services of FNMT-RCM they will be able to take care within this Encomendenda de Gestión Marco, with previous agreement on prices.

If the changes referred to in the previous paragraph represent a higher cost than the initially agreed upon for such documents, once the amount is agreed upon, it will be assumed by MUGEJU within the budgetary limits it has established for these supplies.

The prices established by this Encomienda will have the consideration of tariffs for the purposes provided for in the second paragraph of Article 24.6 of the Law on Public Sector Contracts. the FNMT-RCM to the AGE, the Undersecretary of Finance and Public Administrations.

Fourth. Legal regime.

Given the administrative nature of this Encomienda, in accordance with the provisions of Article 4.2 of Law 30/2007 of October 30, of Public Sector Contracts, it will be regulated by the clause provided for in this article. (a) document and in accordance with the specific rules deriving from the special characteristics of the official product concerned, applying the principles of that law in order to resolve any doubts and gaps which may arise in the course of the development; execution of the same.

The litigious matters that may arise in their interpretation, modification, effects or resolution, shall be resolved, once the administrative route has been exhausted, as provided for in Law 29/1998, of July 13, of the Jurisdiction Administrative litigation.

Fifth. Data protection.

The automated processing of personal data that could be carried out as a result of the development of this Management Committee will be governed by the provisions of the legislation in force in this regard. In this respect, the FNMT-RCM will have, in respect of such data communicated by MUGEJU, the consideration of the treatment, for the purposes of the provisions of Article 12 of the Law 15/1999, of 13 December, of Protection of Data of Character Staff (LOPD).

The access of the FNMT-RCM shall not be considered for data communication when such access is necessary for the performance of the obligations arising from this Management Encomienda. It is expressly established that the FNMT-RCM shall only process the data in accordance with the instructions received from MUGEJU, its application and/or use being prohibited for purposes other than that of the present Management Encomienda, as well as the communication, not even for conservation, to other people. Similarly, the FNMT-RCM shall comply with the security measures required by Article 9 of the LOPD.

The FNMT-RCM, once the obligations of the Management Committee have been fulfilled, will proceed to the destruction, or return, if any, of the data provided by MUGEJU, as well as any support or documents in which some data of personal character of the treatment.

For the purposes of sending documents for which the final recipients of the documents are to be delivered, the FNMT-RCM may be able to count on collaborating companies of this Entity. In this case, the FNMT-RCM will transfer all the obligations on personal data protection, in writing, to the contributing company designated for its implementation. In due course, the FNMT-RCM shall communicate to MUGEJU the identifying data of this contributing entity.

Sixth. Effective.

The present Management Committee and the addendum that constitutes its object shall have full effect from the day of its signature, and its validity shall be, up to a maximum of four years, the one intended for the adendas that constitute its object.

And, in proof of conformity, both parties sign this document, on the date indicated, in duplicate and to a single effect, in Madrid, on 15 January of two thousand thirteen. Alonso. -Director General of the National Mint and Timbre-Real Casa de la Moneda, Jaime Sanchez Revenga.

ADENDA 1

The present addendum to the management mandate between the FNMT-RCM and the General Judicial Mutuality shall have an initial duration which shall cover from 1 January 2013, or from the day of its signature, until 31 December 2013, can be extended by the formalisation of new adendas, with a maximum duration of four years.

This addendum covers the following services to be provided by FNMT:

1. European Health Insurance Card: The General Judicial Mutuality requires the services of the FNMT-RCM, for the development of European health cards, intended to document and credit the holders and beneficiaries travelling abroad, with the sufficient security guarantees in their manufacturing and storage, as well as for centralized customization. To do this:

First.

The FNMT-RCM shall manufacture the European health cards for holders and beneficiaries of MUGEJU in accordance with the technical specifications referred to in paragraph 4, within the scope of the provision of technical services by the FNMT-RCM.

Second.

The amount of the obligations to be acquired by MUGEJU in 2013 for the elaboration and customization of the European health card, will amount to a maximum of 7,500,00 € (seven thousand five hundred euros with zero euro cents), VAT excluding, (9,075,00 € VAT included), for a maximum of 10,000 cards, to be financed, if appropriate, from budget implementation 13.102.312E.220.03 of the body's expenditure budget.

Amount per card unit manufactured: 0.75 €.

Amount per card unit manufactured, VAT included: 0.9075 €.

Total amount of planned cards, VAT included: € 9,075.00.

Third.

The FNMT-RCM shall keep the European health cards stored and in custody until the time when they are to be sent, by post, to the mutualists, on the basis of the requests which, according to the requirements submit, carry out the MUGEJU; until complete the delivery of all the same, issuing a single invoice for the total amount of the European health cards once they have been manufactured.

Fourth.

The technical characteristics of European health cards are as follows:

1. General characteristics: The European health card will be made of plastic material, printed in front and back using various techniques to prevent falsification and alterations. The dimensions are those corresponding to the ID-1 format, according to ISO 7810 (85 ,6 + /-0, 12 x 53 ,98 + /-0.06 mm). The applicable rules are: ISO-7810:2003; physical characteristics of the cards. ISO-10373 characteristics of identification cards.

2. Technical characteristics of the card: The support will be made up of two PVC cores printed on four-and-reverse four-core, covered by two PVC sheets forming a set. The card will be printed at 3 + 1 colours, according to design determined by the current European regulations, with low-coercive magnetic stripe.

3. Security measures: Once the card is customized, it will be covered in front with a transparent protection sheet, to avoid modifications in the data while giving the card greater resistance to wear.

4. Customization:

5. Printing on the front, by means of thermoprinting, of the personal data of the cardholder.

6. Pasting, enveloping, and mailing:

a) Pegado of the personalized card in the letter of shipment (card-carrier) preprinted to 1 + 0 colors and customized with the data of the holder.

b) Over the card with the card, over a window.

c) Sending the recipient via ordinary mail according to the following operation:

i. Classification special postal rate, tied to lots by zip codes and packing in sacs.

ii. Deposit at the massive Post and Telegraph admission centre, in Mercamadrid.

iii. Delivery to the customer of the originals of the Post and Telegraph notes sealed by this Body.

2. Individual membership card: The General Judicial Mutuality requires the technical services of the FNMT-RCM for the elaboration of the individual membership cards (TIA), which are intended to document and credit the holders and beneficiaries of the card. belonging to this Special Social Security Regime of officials at the service of the Administration of Justice, with sufficient guarantees of security in its manufacture and storage, as well as for centralized customization. To do this:

First.

The FNMT-RCM shall manufacture the individual membership cards for holders and beneficiaries of MUGEJU in accordance with the technical specifications referred to in the fourth paragraph, within the scope of the provision of services. technical by the FNMT-RCM.

Second.

The amount of the obligations to be acquired by MUGEJU in 2013 for the elaboration, and customization of the individual membership cards, will amount to a maximum of 3,105,00 € (three thousand five euros with zero cent of euro), excluding VAT, (€ 3,757,05 inclusive VAT), for a maximum of 4,500 cards, to be financed, if appropriate, from budget implementation 13.102.222M.227.99 of the agency's expenditure budget and the breakdown of which is as follows:

Amount per card unit manufactured: € 0.69.

Amount per card unit manufactured, VAT included: € 0.8349.

Total amount of cards planned, VAT included: € 3,757.05.

Third.

The FNMT-RCM will invoice MUGEJU monthly invoice for the total identification cards delivered in each calendar month. These invoices shall be submitted in MUGEJU during the calendar month following the month in which the consignments were made. The invoice, once completed, shall be paid by bank transfer to the current account indicated on the invoice.

Fourth.

The technical characteristics of the individual membership cards are as follows:

1. General characteristics: The identification card of members will be made of plastic material, printed in front and back by various techniques to avoid falsifications and alterations. The dimensions are those corresponding to the ID-1 format, according to ISO 7810 (85 ,6 + /-0, 12 x 53 ,98 + /-0.06 mm). The applicable rules are: ISO-7810:2003; physical characteristics of the cards. ISO-10373 characteristics of identification cards.

2. Technical characteristics of the card: The card in PVC support will be printed on four-stroke in front and back, according to agreed design, with high-coercive magnetic stripe.

3. Security measures: Once the card is customized, it will be covered in front with a transparent protection sheet, to avoid modifications in the data while giving the card greater resistance to wear.

4. Customization:

a) Recording the magnetic stripe of the card.

b) Printing on the front, by means of thermoprinting, of the personal data of the cardholder and printing of a barcode on the reverse side.

5. Pasting, enveloping, and mailing:

a) Pegado of the personalized card in the letter of shipment (card-carrier) preprinted to 1 + 0 colors and customized with the data of the holder.

b) Over the card with the card on double-window printed to 1 + 1 colors.

c) Sending the recipient via ordinary mail according to the following operation:

i. Classification special postal rate, tied to lots by zip codes and packing in sacs.

ii. Deposit at the massive Post and Telegraph admission centre, in Mercamadrid.

iii. Delivery to the customer of the originals of the Post and Telegraph notes sealed by this Body.

And, in proof of conformity, both parties sign this document, on the date indicated, in duplicate and to a single effect, in Madrid, on 15 January of two thousand thirteen. Alonso. -Director General of the National Mint and Timbre-Real Casa de la Moneda, Jaime Sanchez Revenga.