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Resolution Of 16 October 2015, Of The Secretariat, Which Publishes The Agreement Of Entrustment Of Management With The Fundación Escuela De Organización Industrial For The Material Management Of The Ministry Executive Development Program...

Original Language Title: Resolución de 16 de octubre de 2015, de la Subsecretaría, por la que se publica el Acuerdo de encomienda de gestión con la Fundación Escuela de Organización Industrial para la gestión material del programa de desarrollo ejecutivo del Ministerio ...

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TEXT

In accordance with Article 15 (3) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the publication in the Official Journal of the European Communities Status " of the Management Commendure Agreement set out in the Annex to this resolution.

Madrid, October 16, 2015. -Secretary of Industry, Energy and Tourism, Enrique Hernández Bento.

ANNEX

EEOI Foundation (Industrial Organization School) Management Agreement for the material management of the Executive Development Program of the Ministry of Industry, Energy and Tourism. For 2015/2016

On the one hand, don Enrique Hernández Bento, Under-Secretary of the Ministry of Industry, Energy and Tourism, by virtue of the powers conferred on him by the sixth paragraph of Order IET/556/2012, of 15 March ("BOE" of 19), by the the delegation of powers of the Ministry of Industry, Energy and Tourism is delegated and the delegations of powers of other senior bodies and managers of the department are approved.

On the other hand, Don Fernando Bayon Marine, Director of the EOI Foundation (School of Industrial Organization), in accordance with the provisions of its Statutes.

Both parties recognize competence and capacity to formalize the present agreement entrusted to the EOI Foundation with the material management of the PDE Minetur 2015/2016 Executive Development Program included in the Plan Department Training.

EXPOSE

That since 2013, the Secretariat and the EOI Foundation have been collaborating in various training programs in order to develop high quality programs, to enhance the personal and professional development of the levels MINETUR managers and predirectors through the improvement of their skills and to encourage the exchange of experiences, contacts and synergies.

That the long trajectory of the EOI (first Business School of Spain, by Joint Order of the Ministries of Education and Industry in July 1955) and its character of state foundation linked to the Ministry of Industry, Energy and Tourism (the Presidency falls under the Undersecretary of MINETUR), have made the EOI an ideal partner for these training projects.

Having seen the success of the previous two programmes, the PFD/Minetur 2013 Training Programme and the Executive Development Programme (PDE Minetur 2014/15), the Secretariat decides to continue developing a training programme. For the pre-management and management levels of the Department, the Executive Development Program PDE Minetur 2015/16, which includes an adjustment of the structure, methodologies and contents with respect to the previous edition.

In your virtue you agree.

First. Object of the entrustment.

To establish the collaboration of the EOI Foundation in the implementation of the Executive Development Program of the PDE Minetur 2015/16, in the framework of Articles 4.1 n) and 24.6 of the Royal Legislative Decree 3/2011, of 14 November, for which approves the recast of the Law on Public Sector Contracts, in order to ensure that the Foundation carries out, for reasons of effectiveness, the material management of part of this Program, integrated into the Ministry's 2015/2016 Training Plan.

The EOI Foundation has the character of the department itself and according to Article 22 of its Statutes " the mandatory actions entrusted to the Foundation will be defined in projects, memories and other technical documents and valued in their budget, in accordance with the fees or remuneration laid down by the Secretariat. " According to the Sub-Secretariat's Resolution of 30 January 2014, the rates by which the remuneration of the management fees to the EOI Foundation are fixed are approved.

This agreement is excluded from the application of the Royal Legislative Decree 3/2011 of 14 November, approving the recast of the Law on Public Sector Contracts, pursuant to Articles 4.1n) and 24.6 of the cited law.

Second. Scope of the entrustment.

The Executive Development Program Minetur 2015/2016 is organized to enhance the competitive development of the management and management levels of the Ministry of Industry, Energy and Tourism and will have the participation of 30 students.

The structure of this Program includes several training modules:

1. A sectoral knowledge development programme aimed at providing participants, through five online work modules, with a greater knowledge on the current issues of the different sectoral areas focused on provide a strategic and future vision for these areas.

The scope of this Encomienda includes the design, organization and development of five training sessions on the department's sectoral themes (energy, industry and SMEs, tourism, telecommunications and society). of the information and topics of cross-cutting interest). Each online training session will last for 16 hours.

2. A competitive development program aimed at developing the competencies and skills established by the Undersecretary of the MINETUR for levels 28, 29 and 30 in its catalogue of competencies.

The scope of this Encomienda encompasses the organization and development by the EOI Foundation of a map of 16 workshops of acceleration of competencies of 6 hours each, that will be taught according to the needs Students ' competencies.

3. A program of "Leaders that inspire" that, through motivational talks of personalities of recognized prestige (scientists, entrepreneurs, entrepreneurs, sportsmen), promote the professional and personal enrichment of the participants.

The scope of this Encomienda includes the design and organization of, at least, four sessions in a conference format involving different high-level speakers, with recognized national or international prestige in areas varied professionals and will include a space for discussion with participants.

Those responsible for the programme may propose, by mutual agreement, the extension of training initiatives to encourage participation in the PDE Minetur 2015/16 programme of alumni of the PFD/2013 and PDE/2014-2015, without any increase in the cost of the Encomienda.

Third. Enforcement of the mandate and responsibility.

In accordance with the statutes of the EOI Foundation, the task of performing the task is mandatory for the Foundation and will be paid by means of the rates approved by the Secretariat of Industry Resolution, Energy and Tourism of 30 January 2014.

In accordance with the provisions of paragraph 3.3 (d) of the instructions on good practice for the management of service contracts and management arrangements in order to avoid incurring any alleged unlawful disposal of workers, approved by the Secretariat of State for Budgets and Expenditure and by the Secretary of State of Public Administrations of 28 December 2012, it is up to the EOI Foundation to exercise in a real, effective and periodic way the power of the management inherent in any employer in relation to its employees, assuming the negotiation and payment of the wages, the granting of permits, licences and holidays, replacements, legal obligations in terms of prevention of occupational risks, taxation-where appropriate-of disciplinary sanctions and the effects of social security, in the payment of contributions and the payment of benefits, and how many other rights and obligations are derived from the contractual relationship between employee and employer.

They will be responsible for the proper development of the Encomienda, by the EOI Foundation, Oscar del Moral Queipo, Director of Postgraduate and Executive Education, and by the Ministry, Nieves Aliagas Gil, Deputy Director General of Human Resources Planning and Management. The technical proposal defining the precise terms in which the various training actions carried out by the EOI Foundation shall be developed shall be subject to approval by the General Subdirectorate.

Fourth. Economic amount and budgetary allocation.

The amount of the Encomienda in the years 2015 and 2016 is estimated, as maximum amounts, in the following terms and according to the following distribution by items and concepts:

Eur

rowspan="6">

1. Online training program.

2. Competitive development workshops.

, tracking, and controlling the project

Concepts

2015

-

Euros

2016

-

Euros

Total

Eur

Professors

3,840

5,760

>9.600

Strategic Address

300

450

Planning, Tracking, and Control

168

252

420

execution and coordination

80

120

200

Design, management, and maintenance virtual platform

150

450

600

4,538

11.570

Professors

3,600

10,800

14,400

Strategic Address

375

525

900

336

420

756

and project coordination

280

1,180

1,460

Total

4,591

12.925

17,516

3. "Leaders who inspire"

Ponents

1,500

4,500

6,000

Address

75

225

300

Planning, Tracking, and Control

56

168

224

execution and coordination

40

120

160

Total

1,671

5,013

6.684

. Teaching material (diplomas)

0

1,800

1,800

Total

10,800

26,770

37,570

The amounts of items 1 to 3 include the following concepts:

1. Remuneration of teachers in accordance with the rates of the EOI (items 1 and 2): EUR 1,920 the 16-hour online training module and EUR 900 the 6-hour competition development workshop.

2. Remuneration of prestigious rapporteurs (item 3): EUR 1,500 per session.

3. Tasks related to the collaboration in the design, planning and development of the Program, including the following concepts, which are in accordance with the rates set out in the Subsecretariat Resolution of 30 January 2014, in which the approve the rates by which the remuneration of the management fees to be paid to the EOI Foundation (items 1,2 and 3) is fixed:

Strategic address (26 hours in total at 75 euros/hour).

Planning, monitoring and control of the project (50 hours in total at 28 euros/hour).

Project execution and coordination (91 hours in total at 20 euros/hour).

Virtual platform design, management, and maintenance (20 hours in total at 30 euros/hour).

Preparation of teaching material (diplomas)

The teachers included in items 1 and 2 shall be teachers of the EOI and the rapporteurs of heading 3 shall be selected and recruited by the EOI Foundation among expert professionals and with recognised prestige in their sector.

The different training activities, included in the 3 training modules to which it reaches this Encomienda, have been programmed according to this calendar, detailing the cost of each of the training activities:

14 and 17 December

2015

-

Euros

3 November-9 November

Module 1 on line

1,920.00

16 and 19 November

Workshop 1

900,00

Workshop 2

900,00

24 November-30 November

Module 2 on line

1,920.00

10 December

Motivational Charla 1

1.500.00

Workshop 3

900,00

Workshop 4

900,00

Total

8.940.00

7 March and 10 March

Workshop 14

Workshop 14

2016

-

Euros

12 January-18 January

Module 3 on line

1,920.00

25 and 28 January

Workshop 5

900,00

Workshop 6

900,00

4 February

Motivational Talk 2

1.500.00

8 and 11 February

Workshop 7

900,00

Workshop 8

900,00

16 February-22 February

Module 4 on line

1,920.00

29 February and 3 March

Workshop 9

900,00

Workshop 10

900,00

Workshop 11

900,00

Workshop 12

900,00

24 March

Chat motivational 3

1.500.00

13

Workshop

900,00

5 April-11 April

Module 5 on line

1,920.00

18 and 21 April

Workshop 15

900,00

Workshop 16

900,00

28 April

Motivational Talk 4

1.500.00

Total

21,060.00

At the cost of training activities, we must add the cost of the following concepts necessary for collaboration in the design, planning and development of the Program in accordance with the rates set out in the Resolution of the Sub-Secretariat of 30 January 2014 approving the fees by which the remuneration of the management fees to be paid to the EOI Foundation is fixed.

Partidas

2015

-

euros

2016

-

euros

Total

-

Address Strategic (26 hours × 75 euros/hour)

750

1,200

1,950

Planning, tracking and controlling the project (50 hours × 28 euros/hour)

560

840

1,400

execution and coordination (91 hours × 20 euro/hour)

400

1,420

1,820

Design, management and maintenance virtual platform (20 hours × 30 euros/hour)

150

450

600

material (diplomas) (60 euro pupil)

1,800

Total

5.710

7.570

7.570

The costs incurred by this appropriation, in total EUR 37,570, will be financed by the amount of EUR 10,800 from the budget of the Ministry for the budget of the Ministry 20.01.421M.16200 for the financial year 2015 and for the amount of EUR 26,770 in respect of that concept for 2016.

Fifth. Payment scheme, justification and verification.

The payment, by the Ministry, will be made to the EOI Foundation in part in each of the exercises, after the corresponding training activities have been completed and completed, on presentation of an annual invoice in each case, with supporting memory for items, which must be made up by the Subdirectorate-General for Human Resources Planning and Management. The 2016 invoice will contain a general summary of the full development of the Programme.

The General Subdirectorate reserves the right to make, at any time, the material verification of the invoices submitted and the payments made from the Program.

Sixth. Period of entrustment.

The term of validity of the Management Committee shall be extended to the completion of all activities and initiatives of the PDE 2015/16 Programme and the presentation, conformity and payment of the economic obligations generated, which shall not be may exceed 1 December 2016.

Seventh. Assignment of competencies.

The Management Committee does not assume ownership of the powers or the substantive elements of its exercise, attributed to the Ministry of Industry, Energy and Tourism.

Eighth. Interpretation.

It is up to the Ministry of Industry, Energy and Tourism to dictate the acts or resolutions that support or integrate the concrete material activity that is the subject of this Management Committee.

According to which, the present instrument of formalization of the Management Encomienda is signed by the Undersecretary of the Ministry, in use of its competences, and the Director of the Foundation EOI, in accordance with the provisions of its Statutes.

Madrid, 29 September 2015, the Under Secretary for Industry, Energy and Tourism, Enrique Hernández Bento, the Director of the EOI Foundation, Fernando Bayon Marine.