ACCORD BETWEEN. INSTITUTION OF HIGHER LEARNING XXX (Hereinafter referred to as the XXXX )

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ACCORD BETWEEN INSTITUTION OF HIGHER LEARNING XXX (Hereinafter referred to as the XXXX ) and represented by XXXXXXXX In his/her capacity as XXXXX of XXXXXX [ADDRESS] and The Engineering

1 ACCORD BETWEEN INSTITUTION OF HIGHER LEARNING XXX (Hereinafter referred to as the XXXX ) and represented by XXXXXXXX In his/her capacity as XXXXX of XXXXXX [ADDRESS] and The Engineering Council of South Africa (Hereinafter referred to as ECSA ) and represented by XXXXX In his/her capacity as XXXXXXXX for ECSA 1 st Floor Waterview Corner 2 Ernest Oppenheimer Ave Bruma Lake

2 Table of Contents 1. INTRODUCTORY STATEMENT 3 2. XXX s COMMITMENTS IN TERMS OF THIS ACCORD ECSA s COMMITMENTS IN TERMS OF THIS ACCORD 4 4. DURATION OF THE ACCORD 4 5. DISPUTE RESOLUTION 4 6. OTHER ACCORDS AND AGREEMENTS BETWEEN THE PARTIES 4-5 2

3 1. BE IT KNOWN, that for good consideration the Parties hereby agree as follows: 1.1 There is recognition/ acknowledgement that ECSA and XXX share the following common goals regarding the Engineering profession: Growth and retention of registered engineering practitioners/ persons; The improvement of the standards of services rendered by registered persons; Create awareness amongst registered persons of the importance to protect the environment against unsound engineering practices; and Protection of the health, safety and interest of the public. 1.2 Through this Accord, the Parties hereby commit to abide by and give effect to the goals listed in clause 1.1 of this Accord. 2. XXX s commitments in terms of this Accord 2.1 XXX hereby commits and undertakes as follows: Take reasonable steps to ensure that all the engineering academics in XXX s employ that are not registered with ECSA, apply to ECSA for registration either as candidate or professional engineers in their chosen category; Pay for the application and annual fees of all engineering practitioners/ employees in its employ for as long as they are in the employ of XXX; alternatively: provide stop order facilities for the deducting of fees due to ECSA upon receipt of invoices from ECSA; Strive to appoint only registered persons in senior and managerial academic positions in the Engineering Faculty/school; When recruiting engineering academics, give first preference to those that are registered with ECSA as candidates or professionals in their respective engineering categories; Take reasonable steps to encourage its registered engineering academic employees to participate in ECSA s committees such as the registration, educational, investigation (professional conduct) and related committees as a contribution to the profession; Ensure that all its engineering academic employees continually embark on Continuing Professional Development (CPD) and submit their CPD activities to ECSA for recordal of CPD points on a regular basis; Provide ECSA with details of all final year engineering students at the beginning and end of the academic year so that ECSA could commence a process of engagement with them with a view to preparing them for registration as candidates post-graduation; Afford ECSA with an opportunity to engage final year students with a view to ensuring their postuniversity pursuit of the engineering profession and registration with ECSA; Give preference for the procurement of engineering services by South African engineering contractors that are employing and are managed/owed by ECSA-registered engineering practitioners/ employees; Not subject any of its engineering contractors to any act or omission that could amount to compromising or putting at risk the protection of the health, safety and interest of the public, in the execution of their duties; or a breach of ECSA s code of conduct; Report to ECSA any suspected, actual or possible breach of ECSA s code of conduct by its engineering employees or engineering contractors; 3

4 Give full cooperation to ECSA should a need arise for ECSA to conduct investigations or obtain information into the conduct of any of its employees or engineering contractors regarding the alleged or possible breach of ECSA code of conduct; To an extent possible, provide once-off or regular funding (in grant form) to ECSA towards predefined and Council-approved projects aimed at promoting the engineering profession in South Africa or contributing towards engineering excellence in South Africa; and Consent that ECSA may, should it deem necessary, undertake follow-up and monitoring of XXX s continued commitment and compliance to the spirit and content of this Accord. 2.2 XXX is entitled to, upon the signature of this Accord and for its duration, use ECSA s logo on its stationery, website and publications as an indication of ECSA s endorsement of its commitment to engineering excellence in South Africa; the upholding of the ECSA code of conduct; the commitment to procure the services of only registered engineering professionals/ contractors; and contribute towards the stemming of the loss of engineers from the engineering pipeline from university graduation up to full professional status, etc. 3. ECSA s commitments in terms of this Accord 3.1 ECSA hereby commits and undertakes as follows: Upon signature of this Accord, to include XXX on its database of all Accord signatories, which is to be posted on ECSA s website as evidence of ECSA s endorsement as an engineering regulatory body, of those signatory institutions in terms of their commitment to engineering excellence in South Africa; the upholding of the spirit and content of ECSA s code of conduct; the increase and retention of registered professionals in the engineering pipeline, the stemming of the loss of engineers from the engineering pipeline from university graduation up to full professional status, etc Give discounted rates on the application and registration fees for all academic engineering practitioners/ employees in the employ of XXX, and who apply for registration under its name; Work in conjunction with XXX in developing comprehensive work-based development programmes aimed at assisting candidate engineers to meet the requirements for professional registration with ECSA; Provide CPD points to registered engineering employees of XXX that participate in ECSA s committees; Where funding is received from XXX by ECSA for purposes of execution of pre-defined and Councilapproved projects aimed at promoting the engineering profession in South Africa: To publicly acknowledge XXX as a contributor to those projects to which XXX contributed funding; and Provide regular reports on how the funding has been committed to the projects. 4. Duration of the Accord This Accord shall be in force from signature date and shall persist for a period of three (3) years unless terminated by either one of the Parties after giving a three (3) months written Notice of termination. 5. Dispute Resolution 5.1 Should there be a dispute in the interpretation or application of this Accord, the Parties shall strive to resolve the dispute through dialogue and consensus-seeking efforts. In this regard the CEO of ECSA and the Vice Chancellor/ CEO of XXX or their mandated representatives shall seek to resolve the dispute. 5.2 Should the Parties fail to resolve the dispute in the manner contemplated in clause 5.1, then the dispute shall be referred to the Chairpersons of the Boards/ Councils or their equivalent in those 4

5 respective institutions/entities/ Parties, who shall use their best endeavours to resolve the dispute. 5.3 Should the Chairpersons of the Boards/ Councils or their equivalent in those respective institutions/entities/ Parties fail to resolve the dispute in the manner contemplated in clause 5.2, then the dispute shall be referred to an independent arbitrator agreed to by the Parties, who shall use his/ her best endeavours to resolve the dispute Should the Parties fail to reach consensus on the arbitrator, then an arbitrator falling under the auspices of Independent Mediation Services of South Africa The costs of dispute resolution efforts by the Independent Mediation Services of South Africa shall be shared by the Parties. 5.4 The outcome of the dispute resolution efforts by the Independent Mediation Services of South Africa shall be final and binding on the Parties. 5.5 No party shall under any circumstances take legal action against the other on any matter. Should any Party to this Accord opt to take legal action against the other, then such action would trigger a material breach of this Accord, and result in the termination of this Accord. 6. Other Accords and Agreements between the Parties 6.1 The Parties recognise that this Accord is the sole Accord between the Parties. No other Accord signed prior to or after this Accord shall be valid or be a substitute to this Accord. 6.2 This Accord supersedes any other agreement entered into by the Parties prior to the signing of this Accord. 6.3 Should a need arise to amend this Accord during its subsistence, then the Parties shall effect that amendment by way of an addendum to this Agreement, and which shall become part of this Agreement. SIGNED at on this day of AS WITNESSES: XXXXXX For XXXXXXX (Duly Authorised) SIGNED at on this day of AS WITNESSES: XXXXXX For ECSA 5

6 (Duly Authorised) 6

CONTRACT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF SAN JOAQUIN AND ABC COMPANY INTRODUCTION

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