AGREEMENT
BETWEEN |
THIS
AGREEMENT IS MADE THIS 19 DAY OF SEPTEMBER 2005 between the University of
West Indies, a regional institution established by Royal Charter with
Centre headquarters at Mona, Kingston 7, Jamaica, West Indies, through the
Caribbean Child Development Centre hereinafter referred to as “UWI”,
on the one hand and the
Inter-American Children’s Institute, a specialized organization of the
Organization of American States, hereinafter referred to as “IIN”
on the other hand, and both parties jointly referred to as “The
Parties”.
WHEREAS:
IIN aims to raise awareness about the problems affecting children in the
America, through the cooperation between the countries of America with the
purpose of improving the conditions of children, young people and families
in terms of health and education, as well as social, legal and cultural
aspects, in general;
WHEREAS:
IIN
has been promoting since 1988 the Inter-American Network of Information on
Children (RIIN), for which there are three databases operating
(Documental, Organizational and Project Database); with 85.000 documents,
14.500 organizations and 3000 projects at this time;
AND
WHEREAS: cooperation
between similar organizations and particularly between organizations
within the Inter-American System, is important in order to attain more
efficient utilization of their resources to benefit countries in the
hemisphere, all of which will contribute to the development of a national
capacity for responding to the needs of children, adolescents and their
families;
NOW
THEREFORE, the
parties hereby agree to the following:
FIRST:
To sign this agreement with the purpose of creating a National Centre of
Information on Children and Family, hereinafter called THE
CENTRE, which will be
the focal point of the RIIN and will act as a Coordination Centre for the
National Information Network on Children and Family in Jamaica
SECOND:
(Objectives) THE
CENTRE, will
have the following objectives:
a.
To receive, select and systemize all information and documentation
being produced in Jamaica on the subjects of children and family,
concerning legal, social and educational aspects, as well as others such
as health and drug addiction prevention, having the Convention on
Children’s Rights as a reference.
b.
To receive, select and systemize all reference information on
institutions, projects and events that are taking place in connection with
the subjects stated in section a of this clause.
c.
To diffuse within Jamaica all the information on children and
family generated in this country, as well as the information received by
the IIN from the rest of America and the documentation that does not
belong to the Inter-American System but that directly or indirectly
contributes to improving the quality of life of Jamaican children, and
families.
d.
To send every 6 months
the information and documentation received by THE CENTRE to the
IIN’s Centre of Information and Coordination (hereinafter called CIC),
in order for this information to be used in updating common databases and
to make this information available for all users of the System in the
region.
e.
To provide the users in Jamaica and users of the RIIN in the rest of
the region with copies of the original documentation in accordance with
the mechanisms agreed with the IIN by common
consent.
THIRD:
(Terms of the Agreement). This Agreement will be implemented on condition
that the following terms are fulfilled:
a.
The IIN
will hand over the OPD System (Organizations, Projects and Documents) to
UWI by means of a non-exclusive royalty free license.
This system includes at least three (3) databases: documentary
database, organizational database and project database, and it is
specially programmed by the IIN.
The IIN will also hand
over the documentation in connection with this system.
b.
The IIN
will be responsible for providing the training and technical support that
contribute to THE CENTRE’S proper functioning.
c. UWI
will provide the adequate facilities such
as micro-computer, printer, scanner and adequate
space needed for the
CENTRE to function.
d.
UWI will be
responsible for providing the necessary staff in order for the CENTRE
to properly function, and will store computer programs as well as all the
information on children and family being handled by the OPD System.
e. UWI will
provide the budget needed to set up and maintain THE
CENTRE, creating the
necessary conditions for it to operate beyond the first twenty-four (24)
months.
f.
UWI
will be allowed to
create a National Network starting from THE
CENTRE
in other locations of Jamaica, by signing agreements with appropriate
institution. The terms of this Agreement will be extended to those
institutions, except for the clauses referring to the support and
maintenance of computer programme which the UWI
will be responsible in those cases.
g.
UWI will
inform IIN
about the activities in connection with THE
CENTRE, as well as
about the creation of new nodes.
h.
UWI
will produce the Children’s Yellow Pages annually and a
Project Guide to be distributed amongst the users from Jamaica.
i.
UWI
will
be responsible for all the information entering the system in Jamaica and
will not be held accountable for the rest of the information entering the
system from other National Centres, nodes, or from the CIC.
j. UWI
will be allowed to copy or move the information in the system in order to
use it for its own databases.
k.
UWI will use
the Internet in order to have access to electronic mail, electronic
conferences and databases which enable a dynamic information exchange with
other Centres of the Inter-American Program of Information on Children and
Family (PIINFA), as well as to enable usufructuary institutions to have
access to online consulting services.
l. UWI will
make every effort to ensure the continuity of human and material resources
allocated for this project, in order to attain the objectives specified in
this agreement.
FOURTH:
In the event that any dispute shall arise out of or concerning the
Contract, the parties shall attempt to settle the dispute by means of
mediation, and if this fails, the dispute shall be referred to arbitration
before a sole arbitrator to be agreed upon by UWI
and the Consultant.
FIFTH:
(Final
Provisions). This agreement will have a duration of two (2) years, and may
be extended by mutual agreement, for a further period of two years.
This
agreement may be terminated by ninety (90) days’ notice at the request
of any of the parties involved. In this case, the Information Centre will
no longer be allowed to make use of the programs and databases, which will
have to be returned to the IIN. The terms of this agreement may be amended by both Parties by
mutual agreement.
For
record of the foregoing two (2) copies of this Agreement with the same content have been signed in (city) Kingston on the _19__
of _September__ the year_____2005__
THE
UNIVERSITY OF THE WEST INDIES |
INTER-AMERICAN
CHILDREN’S INSTITUTE |
By |
By |