Memorandum of Understanding (MOU) for

Document Sample
Memorandum of Understanding (MOU) for Powered By Docstoc
					Memorandum of Understanding (MOU) for
Creation of Virtual Class-Rooms at IITs over National Knowledge Network (NKN) Between NATIONAL INFORMATICS CENTRE (NIC),
A BLOCK, C G O COMPLEX, LODHI ROAD, NEW DELHI 110 003,

and NATIONAL INFORMATICS CENTRE SERVICES INCORPORATED (NICSI),
Hall No. 2 & 3, 6th Floor, NBCC Tower -15, Bhikaiji Cama Place, NEW DELHI 110 066

with

INDIAN INSTITUTE OF TECHNOLOGY (IIT), Delhi

October 2009

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 1 of 10

THIS MOMORANDUM OF UNDERSTANDING HEREINAFTER REFEERED TO AS MoU MADE ON BEHALF OF THE PRESIDENT OF INDIA THE DG (DIRECTOR GENERAL), NATIONAL REPRESENTED BY CENTRE,

INFORMATICS

DEPARTMENT OF INFORMATION TECHNOLOGY HEREIN AFTER REFERRED TO AS "NIC" (WHICH EXPRESSION SHALL UNLESS EXCLUDED BY OR REPUGNANT TO THE CONTEXT BE DEEMED TO INCLUDE HIS/HER SUCCESSOR IN OFFICE OR ASSIGN) OF THE FIRST PART BETWEEN NATIONAL INFORMATICS CENTRE SERVICES INCORPORATED, A SECTION-25 COMPANY UNDER NATIONAL INFORMATICS CENTRE, MINISTRY OF

COMMUNICATIONS AND INFORMATION TECHNOLOGY REPRESENTED BY ITS MANAGING DIRECTOR HEREIN AFTER REFERRED TO AS "NICSI" (WHICH EXPRESSION SHALL UNLESS EXCLUDED BY OR REPUGNANT TO THE CONTEXT BE DEEMED TO INCLUDE HIS/HER SUCCESSOR IN OFFICE OR ASSIGN) OF THE SECOND PART WITH INDIAN INSTITUTE OF TECHNOLOGY, DELHI, NEW DELHI, INDIA, REPRESENTED BY ITS DIRECTOR,

HEREINAFTER REFERRED TO AS “IIT___” (WHICH EXPRESSION SHALL UNLESS EXCLUDED BY OR REPUGNANT TO THE CONTEXT BE DEEMED TO INCLUDE ITS ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS) OF THE THIRD PART.

1 Preamble NIC is the nodal agency for implementing various E-governance projects of Central and State Government. NIC has been mandated for formulating regulations for development, implementation and interoperability requirements of the National Mission Mode E-Governance Projects. NIC has gained rich

experience in establishing and managing a nationwide data communication network, NICNET, since 1988. For extending IT support NICNET connects various ministries, departments of central as well as state government, all districts of the country and several block level offices of the government. IT is being used extensively for data communication between these offices in addition to value added services such as video conferencing, e-mail, web-casting etc. NIC has

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 2 of 10

been entrusted with the process of establishing a multi-Giga bit National Knowledge Network. This network will be used to provide high speed connectivity to the Virtual Class Rooms proposed to be set up under this project. National Knowledge Network (NKN) is proposed to be used by the existing IITs to provide better mentoring for the new IITs. This technical support infrastructure will facilitate quality education and research for upcoming IITs without requiring faculty to travel to mentored IITs as information sharing and exchange would be enabled through such setup. During Phase-I country’s 15 IITs will be covered under this project. At each of the IIT, three (3) Virtual Class rooms shall be set up resulting in 45 Virtual Class Rooms. In addition, one Virtual Class room shall be set up at each of the fivecontrol centre of NIC. Thus, the project envisages to establishing 50 Virtual Class Rooms with associated infrastructure and service. A project monitoring committee will be formed by NIC with the representative of `NIC, NICSI and IITs to monitor the progress of the project. 2 Responsibilities of NIC 2.1 Technical NIC will assist in the creation of three virtual class rooms at IIT Delhi, which involves procuring, installation of equipment, seamless integration with existing NKN infrastructure and on-site warranty of the equipments (as per NICSI’s Vendor empanelment conditions).

2.2 Administrative 2.2.1 NIC shall assign a project coordinator to interact with the IIT for project management. 2.2.2 During project implementation NIC may obtain the periodic reports from the IIT and circulate them to the Project Monitoring Committee and obtain their feedback. This feedback obtained shall be reviewed for arriving at improvements or any upgradation to be made from time to time, as may be needed for midcourse improvements. 2.2.3 NIC shall coordinate meetings with the following stakeholders to resolve techno-managerial aspects needing attention as per para 2.2.2
MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi Page 3 of 10

above 2.2.3.1 2.2.3.2 2.2.3.3 2.2.3.4 Project Monitoring Committee Product Suppliers / vendors Integrators of systems and network connection agencies Representatives of IIT.

2.2.4 NIC shall import necessary training to the end users for smooth operation of the virtual class rooms sessions for maximizing the gains of knowledge through such setup.

3. Responsibilities of IIT Delhi 3.1 Technical 3.1.1 Identify three class rooms which could be upgraded to Virtual class rooms 3.1.2 Carry out required site upgradations at identified class rooms to make it a virtual class room, as per technical specifications provided by NIC. 3.1.3 Provide required support to the vendors/suppliers/integrators for smooth installation and commissioning of the necessary equipments at each of the virtual class rooms. 3.1.4 To arrange necessary uninterrupted power supply (UPS) units with minimal Earth to Neutral Voltages at each of the virtual class rooms/locations. 3.1.5 Take necessary steps to ensure safety of the equipment installed at virtual class rooms including physical/ fire and cyber-security aspects. 3.1.6 Make necessary arrangements for scheduling of the courses and also recording & archiving of the various class room sessions to facilitate continuous knowledge up gradation through web confirming tools etc.

3.2 Administrative 3.2.1 Identify one project coordinator to act as a nodal officer for the project management and who shall interact/ liase with various stakeholders and project monitoring committee during installation, commissioning

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 4 of 10

and management of entire setup. 3.2.2 Appoint one technical assistant per virtual class room for operations for one year. 3.2.3 Take the responsibility of routine operations and management of the of virtual class rooms after commissioning of the project. 3.2.4 The site up gradation work as in para 3.1.2 should be completed in six month time and followed by settlements of all bills with NICSI within next one-month there after.

3.3 Financial 3.3.1 IIT shall settle the following expenses from the fund allocated by NICSI to the institute. 3.3.2 Organize salary processing of one Technical Assistant limited to 1.8 lakhs per annum per virtual class room. 3.3.3 The site up gradation of identified class room to virtual class rooms with a maximum expenditure of Rs 10 Lakhs per class room (includes civil, electrical, fire & environment conditions) 3.3.4 Respective/ concerned IIT shall submit the Expenditure Statement,

duly Certified by Chartered-Accountant / Authorized-Authority from the Institute, clearly indicating item-wise expenditure for settlement of advance ; the next installment of advance, if any, shall be released only after settlement of already released advance.

4 Responsibilities of NICSI 4.1 Administrative 4.1.1 Nominate one project coordinator to act as a nodal officer for the project management and interaction with various stakeholders and project monitoring committee during procurement, installation,

commissioning of the equipments 4.1.2 The nodal officer will interact with the respective/ concerned IIT’s for any administrative or financial matter as may be required for efficient project management.

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 5 of 10

4.1.3 NICSI along with NIC shall organize and assist for any training necessary to the end users for smooth operation the virtual class rooms; to achieve the envisaged objectives in timely manner, under this project.

4.2 Financial 4.2.1 The funds shall be released by NICSI in phases. NICSI reserves the right to decide upon the quantum of fund to be released for any particular phase. NICSI shall take into account the fund utilized during the previous phase and the fund’s requirement for the current phase based on the activities targeted in the current phase. 4.2.2 NICSI, shall provide Rs 11, 80,000 (Rupees Eleven Lakhs and Eighty Thousand) as initial advance to meet the expenses as mentioned in the section 3.3. Financial, under the heading 3. (Responsibilities of IIT Delhi ) 4.2.3 NICSI shall provide funds in advance to the IITs as per their request duly vetted by competent authority in various phases. 4.2.4 Payment shall be made at par check / demand draft in favor of “The Registrar, Indian Institute of Technology, Delhi ”payable at “Delhi” for project as account specified by IIT. 4.2.5 The first-quarter of financial advance shall be released by NICSI to IIT Delhi on receipt of duly signed copy of tripartite-MOU from all cosignatories to said MoU.

5 INDEMNITY NIC, NICSI and IIT Delhi shall stand indemnified from all aspects of usage of the outcome Creation of Virtual Class-Rooms at IIT Delhi over National

Knowledge Network (NKN) including any eventual running of application covered under cyber law related crimes and for any antinational activities.

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 6 of 10

6 FORCE MAJEURE 6.1 Force Majeure shall include but be not limited to acts of God, regulations of Governments, earthquakes, floods, epidemic, war, revolutions, strikes, lockouts, explosion and natural calamities. 6.2 In the event either party not performing its respective obligations under this MoU due to Force Majeure, the corresponding obligations of the other party may at the instance and written notice of such other party remain suspended for a corresponding period of time. 6.3 The party raising the defense of Force Majeure shall give written notice to the other party within 7 (seven days) of the occurrence and conclusion of such event respectively and with satisfactory evidence in support of the same. 6.4 Time for performance of the relative obligations suspended under this clause shall stand extended by the period of such suspension or to such other period as is mutually agreed between the parties. 6.5 In Force Majeure situations the other party may relinquish the MoU only with the written consent of the affected party, or if the situation lasts, or is presumed to last, for more than 180 (one hundred and eighty) days, as from the date when the situation occurs, and then only with 30 (thirty) days notice. 6.6 Nothing herein contained shall affect the rights and obligations of the parties under this MoU arisen or accrued prior to the occurrence of such Force Majeure event.

7 NON SUIABILITY 7.1 Neither of cosignatories to this MoU could be used in any court of law in India or abroad by the other party, for the events if any party is not able to perform as per any of the stipulations of this MoU, due to circumstances beyond their control.

8 ARBITRATION
MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi Page 7 of 10

8.1 On all aspects where the above articles of this MoU are silent or for special cases of deviation from these articles, the decision mutually agreed upon between NIC, NICSI and IIT Delhi will be final. However, in case of any dispute relating to or arising out of the MoU, such dispute shall be resolved amicably by mutual consultations. If such resolution is not possible, then the unresolved dispute or difference shall be referred to the arbitration of a sole arbitrator to be appointed by Secretary, Dept. of Legal Affairs, Govt. of India. The Arbitration and Conciliation Ordinance, 1996 together with any modifications or re-enactment thereof and rules framed there under, as amended from time to time shall not be applicable to such arbitration proceedings under this clause.

9 GENERAL

9.1 ASSIGNMENT BINDING EFFECT: Neither party shall have the right or otherwise transfer its rights or obligations under this MoU except with written consent of the other party; provided however, NIC may assign its interests hereunder to a successor in interest by operation of law assignment, purchase, merger or otherwise of the entire business of the portion of NIC to which this MoU pertains with in the Republic of India; and further provided IIT may assign its interests hereunder to another agency within the Republic of India. Any prohibited assignment shall be null and void. The terms and conditions of this MoU shall be binding upon and enforceable by the successor and permanent assigns of either of parties being cosignatory to this MOU.

9.2 ENTIRE MoU: Each party acknowledges that it has read this MoU and agrees to be bound by its terms and that the MoU, is the complete and exclusive understanding between the parties with respect to its subject matter and supersedes all previous understandings, negotiations and proposals whether oral or written. This MoU may not be released, discharged, supplemented, interpreted, amended or modified in any

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 8 of 10

manner except by an instrument in writing signed by a duly authorized representative of each of the parties.

9.3 WAIVER: No waiver of any breach of this MoU shall constitute a waiver of any subsequent breach of the same or any other provision of this MoU.

9.4 SEVERABILITY: If any provision of this MoU should, for any reason, be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall not be affected or impaired and shall remain in full force.

9.5 HEADINGS: The numbered headings of the sections, paragraphs and clauses used in this MoU are included for convenience only and shall not be considered part of, not affect, the interpretation of any provisions.

9.6 REPRESENTATIONS: The parties to this MoU each represent and warrant to the other: (i) that it is duly organized and existing judicial entity under the laws of its domicile; (ii) that it has full authority to enter into this MoU; (iii) that the execution and/or performance of this MoU does not and will not violate or interfere with any other MoU by which such warranting party is bound; and (iv) that the warranting party will not enter into any MoU whose execution/performance would violate or interfere with this MoU.

9.7 LEGAL RELATIONSHIP: This MoU creates what is anticipated to be mutually cooperative relationship and it shall not be construed as creating a partnership, joint venture, agency, or as granting a franchise under either Union or State Laws. Furthermore, each party to this MoU expressly acknowledges and agrees that it is not the agent or legal representative of the other and has no authority to create any obligation or incur any expense on behalf of the other.

9.8 EXIT CLAUSE: Either party can exit from this MOU by giving six (6)

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 9 of 10

months notice to other parties. At that time, liabilities in hand will be settled through mutual consent between cosignatories to the MoU organizations.

9.9 Validity and Duration of the MoU: This Tripartite-MoU shall be effective from the date of its signing by all the parties and it shall remain in force for initial period of one (1) year. If required, a decision to re-validate the Tripartite-MoU after the initial period of one year would be taken jointly by NIC, NICSI and IIT Delhi, as may be considered mutually in the best interest of the project.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS MOU IN TRIPLICATE ON THE DAY AND THE YEAR HEREWITH AFTER INDICATED.

For and on behalf of President of India Signature

For and on behalf of NICSI, New Delhi

For and on behalf of IIT _______

Name Designation Place Date

T A Khan DDG, NIC-HQ New Delhi – 110 003 In the Presence of New Delhi – 110 066

Prof. Surendra Prasad Director, IIT Delhi New Delhi – 110 016

Signature Name Designation Place Date

Signature Name Designation Place Date (Last Page)

MOU for Creation of virtual class room at IITs over NKN between NIC, New Delhi, NICSI, New Delhi and Delhi

Page 10 of 10