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Protocol of Legality Stipulated between the Prefecture of Palermo and the Ri.MED Foundation

20 November 2020

The protocol of legality ensures legality and transparency, and opposes any infiltration by organized crime in view of the creation of the Ri.MED Foundation’s Biomedical Research and Biotechnology Center (BRBC), a state-of-the-art research center in the field of biotechnology, in Carini, Palermo.  The tender for the construction of the center will be assigned in 2017: this phase includes the preparation and implementation of the call for tender to identify a contractor and stipulate the related contract by tender.

The collaboration between the Prefecture and Ri.MED began in 2009 with the signature of a first protocol of legality aimed at ensuring public interest in legality and transparency, and preventing infiltration by organized crime in view of the construction of the Center in Carini.  The agreement was signed according to the provisions of art. 15 of Law 241/90, which states that public administrations can sign agreements to regulate collaboration for activities of common interest.

Given that the approval process for the BRBC executive project is in its final stage, and in view of the publication of the contract notice for the construction of the Center, the document signed seven years ago needed an update that considers the changed regulatory requirements, such as the obligation of registration in the so-called white lists of the companies that want to operate in the fields of activities mostly considered at risk of mafia infiltration.  (See Ministerial  Decree of April 18, 2013 concerning the lists of vendors, service providers not subject to attempts at mafia infiltration as per art. 1, paragraph 52, of Law November 6, 2012 N. 190, and modifications of art. 29 decree 90/2014 converted with amendments into Law no. 114/2014): transportation of material for landfill on behalf of third parties; transportation, also cross-border, and waste disposal on behalf of third parties; extraction, supply and transportation of earth and inert materials; packaging, supply and transportation of concrete and bitumen; non-operated equipment rentals; supply of wrought iron; operated equipment rentals; road transport on behalf of third parties; and surveillance of work sites.

For all these activities, the contractors must submit a list of the companies they want to employ, after ascertaining their registration in the Prefecture’s dedicated list of providers.
The actions for preventing mafia infiltration are vigorous: an information request is necessary for all contracts aimed at the execution of any other activity, in addition to those expected for the registration in the white list, related to works and/or supplies exceeding €50,000.  The protocol also refers to the innovative anti-corruption laws with reference to agreements signed on July 15, 2014 between the Minister of Internal Affairs and the President of the National Anti-Corruption Authority to define a mutual collaboration for the development of coordinated preventive actions against corruption and, more in general, undue interference in the management of public affairs. Each contractor or sub-contractor will commit to promptly communicating to the prefecture and judicial authorities any misconduct attempted by the entrepreneur, the governing bodies of companies, or company managers.

The signature of the protocol of legality with the Prefecture (see the linkunderlines the willingness of the institutions and Ri.MED to ensure total compliance with the rules, and prevent any attempt to exploit, for criminal purposes, the activities related to the construction and management of the Ri.MED research center.

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