MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, is Entered into at Bhopal on Dated 24 November 2016, (Herein after referred as MoU) BETWEEN MADHYA PRADESH COUNCIL OF EMPLOYMENT AND TRAINING (MAPCET), a Society registered under the Society Act 1973, represented by its Managing Director, Herein after referred to as the First party, which term and expression shall mean and include, unless repugnant to the context, its successors, assigns, administrators of the First Part. AND ITRC Technologies Pvt. Ltd. Having the registered office at P-4, Kalindi Park, ShriNagar, Ext. Indore , (herein after referred to as the Agency) represented by Shri Rizwan Khan, Director hereinafter referred to as the Second Party, which expression shall, unless repugnant to the context or meaning thereof, include its successor and permitted assigns and substitutes of the second part. Both MAPCET and ITRC Technologies Pvt. Ltd. are collectively referred to as The Parties THE PARTIES AGREES AS UNDER:- WHEREAS, The First party is an institution fully owned by the Department of Tribal & SC Welfare. Govt of Madhya Pradesh, has established the Tribal Technical Education Board in the year 1981 which has been renamed as M.P. Council of Employment & Training (MAPCET) after augmenting the objectives for the scheduled caste community w.e.f. August1989. The main aim of MAPCET is to organize various skill development training programmes for scheduled caste and scheduled tribe community of the state to enhance their employment/self-employment opportunities; WHEREAS, The First party had floated a Request for EoI to organize skill development training programmes for Scheduled Caste (SC) and Schedule Tribe (ST) Community through NSDC Training Partners (TPs) in the State of Madhya Pradesh. 1

2 WHEREAS the objective was to provide skill development training for employment/self-employment opportunities on the infrastructure arranged by TPs. If the Second Party wants to use the facilities and infrastructures of Governments VTC/ TCPC then the appropriate rent of used premises to be paid as per Collector s rate/ Govt. norms and for electricity consumption expenses. WHEREAS, The skill development trainings will be in compliance with National Skill Qualifications Framework (NSQF) & Common Norms for skill development training prescribed by Ministry of Skill Development & Entrepreneurship (MSDE). WHEREAS, The Second Party is a NSDC affiliated Training Partner & have been active and operational in terms of imparting skill development training continuously in the State of Madhya Pradesh for the last two (2) year. WHEREAS, the Second Party, trained more than 500 youth in last two (2) years in the 1. Telecom, 2. Automotive sector. WHEREAS, the Second Party has provided placement to more than 350 youth in the last two years in the 1. Telecom, 2. Automotive sector. WHEREAS, the First party has desired a cluster approach for allocation of districts to the selected NSDC affiliated Training Partners. WHEREAS, the clustering has been done using the socio-economic, demographic and skills training coverage indicators to ensure that each cluster gets a mix of districts with varying levels of skill development activities. This is to ensure better geographic and demographic coverage across the State of Madhya Pradesh. WHEREAS, the Second party has been selected for the setting up skill development centers in selected districts/ Places of a cluster on the following conditions: 1. That, the second party shall be required to have standard dimensions, design and branding theme, as per the branding specifications, outlining minimum requirements including color scheme and standardized branding design and templates for inner displays, boards and other communication tools provided by the First party from time to time and the second party agrees to change, within one week, the same as and when directed by the First party. 2

3 2. That, the Second Party has provided performance security Deposit (PSD) of Rs 50,000/- (Rupees Fifty Thousand Only) per center, in the form of a Bank Guarantee. The PSD shall remain valid for a period of two year from the date of signing of the MoU. 3. That, the Second Party is aware that the duration of the MoU is Two (2) years from the date of signing of MoU, however it is made clear that the First party can carry out its own assessment for grant of extension to the second party for such period as mutually agreed. 4. That, the Second Party has been allotted permission by 1 st Party to provide hands-on skill development training to the SC & ST unemployed youth of the State in the Cluster of MP-04 (Alirajpur, Barwani, Dhar, Khandwa, Indore District) & MP-06 (Betul, Burhanupur, Harda, Dewas, Hoshangabad, Khargone district) for 1. Telecom, 2. Automotive sector. 5. That, the Second Party shall be responsible to carry out the assessment and certification of the trainees in the skill development centers. 6. That, it shall be the responsibility of the Second Party to get the assessment and certification for the courses as per the guidelines of the sector skill council/ recognized bodies of the NSDC or MSDE Govt. of India for the said course. 7. That, the Second Party shall also confirm for the assessment and certification of the trainees in his center for the job role as per the NSQF guidelines published in the Gazette of India notification dated 15/07/ The scope of services and other responsibilities of the agency is described in EoI which forms part of this MOU is unconditionally acceptable to the Second Party. 9. The Agency ITRC Technologies Pvt. Ltd. has accepted to impart training for employment to the 500 number of beneficiaries to be assigned by the First party subsequently in accordance with the time to time guidelines/ directions of the State Government. 3

4 10. All guidelines/circulars/notifications/directions duly issued in this regard either by the First party or by the state government of Madhya Pradesh shall form part of this agreement. 11. The second party shall carry out the photography & Video graphy of Training Programs for undergoing trainees and also get the success story of the successful trainees then submit to the First Party. 12. The authorized officers of Government/MAPCET shall carry out the Inspection of the Training activities at any time and may verify the Placement for which Second Party shall extend full cooperation. 13. The Second Party shall prepare the Batch wise details for training and employment in accordance to the format prescribed by the First Party and submit the Hard and Soft copy to the First Party. 14. The Second Party shall get the Biometric Attendance of undergoing Trainees and the percentage of attendance should be maintain as per norms of MSDE and submit to the MAPCET. 15. The Agency shall conduct survey and submit report/publish the possible vacancies/opportunities for employment in the concerned sector/trade in the industries/service provider/for other relevant employment. And accordingly a demand driven employment scenario would be assessed. 16. The training courses and duration thereof shall be as per the Modules of the National Skill Development Corporation (NSDC)/MSDE GoI. 17. Based on the available number of beneficiaries registered by MAPCET through various camps for their skill level development and employment demand of training module then batch wise training shall be imparted with maximum strength of 40 trainees in each batch by the second party. 4

5 18. The Second party should mobilize dropout SC/ST candidates with their aadhar no, mobile no on prescribed format for targeted training program and submit to First Party for approval. 19. The agency shall not charge any fee for any purpose regarding this training programme from anybody other than the First party. The Agency would be penalized severally in case any such instance is observed. 20. The total fee payable to the Agency shall include all taxes and incidental charges such as the cost of trainee s, Tool kit, Machines consumables, deliverables etc. and shall be borne by the second party. However assessment fees shall be payable as per common norms of MSDE(GOI). 21. The payment by the MAPCET to the Second Party shall be made in accordance to common Norms of MSDE with modifications as decided by MAPCET notified vide notification in the Gazette of India No. 32 dated 8 August- August 14, 2015 and No. 155 dated 20 May 2016 of GOI (enclosed in the annexure I) as per the following schedule:- SI. No. Deliverables Payment (% of total training fee) 1. Against commencement of training after issuance of certificate regarding establishing training centre and on the basis of number of SC/ST trainees inducted for training. 2. After completion of 2/3 rd of total training duration of the course. 3. On Successful completion of training, SSC/NCVT Assessment of 100% Trainees and 75% placement of trainees (Placement will be considered on providing of offer letter/joining letter). 4. After 12 Months of placement of 75% of total trainees and found to be continuously on the job where they were placed. Payment % of Boarding and lodging 20% 20% 30% 30% 25% 40% 25% 10% 5

6 22. If the Second Party fails to comply with requirement of placement of at least 75% trainees. The party will be disqualified from further working in the state of M.P. and entire amount of training cost incurred will be recovered from the Second party. 23. Second Party (TPs) shall arrange boarding & lodging facilities which shall meet the following minimum parameters:- I. One Room for maximum four trainees with attached toilet cots and beds with clean bed sheets to be provided however bed sheets should be changed every week. II. During summer season cooler should be provided in addition to fans in the room. III. Every trainee must be provided with morning tea, breakfast consist Jalebi/Piece of sweet, Poha/ Upma/ Samosa/ Kachori/ Biscuits etc. IV. Lunch and Dinner shall be provided with Roti, Dal, Two Sabji (Vegetables), Rice, Salad and Pickle etc however the vegetables must be changed alternatively. V. Evening Tea with biscuits must be provided. 24. If a candidate is disqualified in any selection test for employment, the second party will be required to do the needful and rearrange the capacity building programme including repetition of training at their own cost. The liability of failure of the candidate shall be attributed to the Second Party and all consequential losses shall be borne by them only. 25. If the Second Party fails to perform the services within the period specified in the contract, First party may, without prejudice to all its other remedies under the contract, deduct from the Contract Prices, as liquidated damages, a sum equivalent to 0.5% of the value of the services supplied beyond stipulated delivery schedule for each week or part thereof of delay until actual delivery of performance, subject to maximum of 10% of the value of such services. 26. The Agency shall be required to submit to the First party the detail of training provided in the following format along with the bill for payment. The bio-data of the beneficiaries shall also be furnished. 6

7 SI. No. Name of Sector Name of Trade Total Training Hrs. Starting date of training Date of completion of training No. of Trainees 27. The Agency shall be required to maintain the records of the trainees in the online Skill Development Portal of the State Govt which shall be linked to the Aadhar number of the candidate. All entries must be regularly done on the portal failing which the First Party can terminate the agreement for default. 28. It will be the responsibility of the Agency to maintain database of the trainees with their employment details and share the same periodically preferably on monthly basis with the First party for the monitoring purposes. The track of employment and attrition shall also be maintained for one year. 29. There will be periodic check of the authenticity of the database from the field on random basis and in case any ambiguity is observed, appropriate action will be taken against the institute including forfeiture of the Performance Guarantee. 30. There will be appropriate measures to avoid duplicacy of training in convergence with other central/state sponsored training programme. Stringent action will be taken including lodging of FIR against the candidate in case such duplication is found. 31. The programme aims at skill development and thereby creating employment avenues in true sense. Any manipulation in terms of selection of beneficiaries, training module, payment and employment shall be severely dealt. 32. The second party shall provide extensive training in the technical skills theory and practical communication skills, exposure visit, work guidelines and all related contemporary skills to the trainees to ensure employment. 33. The second party shall Provide the qualified trainers for imparting skill training, teaching aids, required tools, machines, consumable materials, practical material, study material etc. for training in accordance to the prescribed syllabus by the NSDC/MSDE GoI. 7

8 34. Second party shall ensure that the trainees deputed to institute shall complete the training and received suitable employment ensuring the minimum wages for semi skill/ skill persons. 35. The second party shall periodically assess the need of the market and accordingly propose to the First party/sector Council, about the innovative training module, upgradation and modification in the content of existing training modules and after approval of the same by the MSDE GoI then new/modified curriculum could be implemented in the respective course after approval. 36. The second party shall not be permitted to sub-contract any part of its obligations, duties or responsibilities under this contract to any third party. 37. The Agency irrevocably undertake to complete training and placement within the stipulated period. 38. The second party has assured that no actions, suits, writs or proceedings is pending against it before any court, government, arbitration tribunal or quasi-judicial authority that restrains it from performing its duties and obligations under this agreement and no representation or warranty made herein contains any untrue statement based on the facts and circumstances. 39. Any law restraining the validity and enforceability of any provision of this agreement shall not affect the validity or enforceability of the remaining provisions of this agreement and the terms shall be deemed as not containing the invalid provisions. 40. In case the Agency fails to comply any provision of this agreement, the First party shall be at its liberty to terminate the empanelment forthwith and forfeit the Performance Guarantee of the Agency deposited for this purpose. It can also take a decision to forfeit any payment due to the second party for work done. 41. In the eventuality of any dispute between the parties hereto the decision of the Principle Secretary, Department of Tribal Welfare, Govt. of Madhya Pradesh, which shall be acting according to the 8

9 Arbitration and Conciliation Act 1996, the award passed there after shall be final and binding on both the parties. 42. No amendment for change hereof or addition shall be effective or binding on either of the parties hereto unless set in writing and executed by the respective duly authorized representatives of each of the parties hereto. In WITNESS WHEREOF the parties hereto have this agreement to be made in English and executed by their representative duly authorised representatives of the day and the year first above written. Signature Signature (Urmila Shukla) Managing Director Authorised Representative of Second Party) MAPCET (First Party) Signature (Witness No.1) Signature (Witness No.2) 9