Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11422
In accordance with the provisions in article 15.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, comes the publication in the "Official Gazette" of the agreement of entrustment of management contained as an annex to this resolution.
Madrid, October 16, 2015.-the Deputy Minister of industry, energy and tourism, Enrique Hernández Bento.
ANNEX agreement of mandates of management to the Foundation EOI (School of organization Industrial) for the management material of the program of development Executive of the Ministry of industry, energy and tourism. 2015 / 2016 on the one hand, don Enrique Hernández Bento, Undersecretary of the Ministry of industry, energy and tourism, under the powers conferred to the sixth paragraph of the order EIT/556/2012 of 15 March ("BOE" from 19), are delegated powers of the Ministry of industry, energy and tourism and approve delegations of powers of other superior and executive organs of the Department.
On the other hand, don Fernando Bayón Mariné, Director of the Fundación EOI (Escuela de Organización Industrial), in accordance with the provisions of its statutes.
Both parts are recognize competition and capacity to formalize the present agreement by which is entrusted to the Foundation EOI it management material of the program of development Executive PDE Minetur 2015 / 2016 included within the Plan of training of the Department.
EXPOSED that from the year 2013, the Undersecretary and the Foundation EOI come collaborating in several programs training to develop programs of high quality, of enhance the development personal and professional of them levels managers and pre-direction of the MINETUR through the improvement of their skills and of favour the exchange of experiences, contacts and synergies.
That it long trajectory of the EOI (first school of business of Spain, by order joint of them ministries of education and of industry in July of 1955) and his character of Foundation State linked to the Ministry of industry, energy and tourism (the presidency lies in the Undersecretary of the MINETUR), have made of the EOI a partner ideal for these projects training.
Seen the success of the two previous programmes, training directive PFD/Minetur 2013 programme and programme development Executive PDE Minetur 2014/15, the Secretariat decides to continue to develop a training program for predirectivo and managerial levels of the Department, the program's Development Executive PDE Minetur 2015/16, which includes an adjustment of the structure , the methodologies and the contained concerning it Edition previous.
By virtue, they agree.
The first. The task object.
(Set the collaboration of the Foundation EOI in the execution of the program of development Executive PDE Minetur 2015 / 16, in the frame of them articles 4.1 n) and 24.6 of the Real Decree legislative 3 / 2011, of 14 of November, by which is approves the text consolidated of the law of contracts of the Sector public, to the object of that it cited Foundation carry to out , for reasons of efficiency, management material part of this programme, integrated into the Plan of training 2015 / 2016 of the Ministry.
The EOI Foundation has the character of the Department of environment and according to article 22 of its statutes 'compulsory actions that are responsible to the Foundation will be defined in projects, memoirs and other documents technical and valued in their corresponding budget, according to the rates or fees set by the Secretariat». According to resolution of the Undersecretary of 30 of January of 2014 is approve them rates through which is fixed the remuneration of them parcels of management that is made to the Foundation EOI.
This agreement is excluded from the application of the Royal Decree 3/2011, of 14 November, which approves the revised text of the law of contracts from the Public Sector, in application of articles 4.1n) and 24.6 of the aforementioned law.
Second. Scope of the mandates.
He program of development Executive Minetur 2015 / 2016 is organizes to enhance the development competence of them levels managers and pre-direction of the Ministry of industry, energy and tourism and will count with the participation of 30 students.
The structure of this program includes several training modules: 1. A program of development of sectoral expertise which aims to provide the participants, through five modules work on line, more knowledge about subjects of topicality of the different sectoral areas focused on providing strategic vision and future on these areas.
The scope of this Commission includes the design, organization and development of five training sessions online on the sectoral themes of the Department (energy, industry and SMES, tourism, telecommunications and information society and cross-cutting issues). Each online training session will have a duration of 16 hours.
2. a program of development competence intended to develop them competencies and skills established by the Undersecretary of the MINETUR for them levels 28, 29 and 30 in his catalogue of competences.
The scope of this Commission covers the Organization and developed by Fundación EOI on a map of 16 acceleration of 6-hour skills workshops each, which will be held in accordance with the competence needs of students.
3. a program of «Leaders who inspire», through motivational of figures of recognised prestige (scientists, entrepreneurs, businessmen, sportsmen), promote professional and personal enrichment of participants.
The scope of this Commission includes the design and organization of, at least, four session format Conference in which it will be different speakers of high level, with renowned national and international reputation in various professional fields and which will include a space for discussion with the participants.
The programme makers may propose, by mutual agreement, the extension of training initiatives aimed at promoting participation in the program PDE Minetur 2015/16 alumni of the PFD/2013 programmes and PDE/2014 - 2015, without that might imply any increase in the cost of the Encomienda.
Third party. Obligation of the encomienda and responsible.
In accordance with the statutes of the EOI Foundation, the custom action that is carried out is mandatory for the Foundation and is remunerated by the rates approved by resolution of the Undersecretary of industry, energy and tourism on January 30, 2014.
International as set forth in section 3.3 d) instructions on good practices for the management of the procurement of services and charges of management in order to avoid incurring cases of illegal transfer of workers, approved by the Secretary of State budgets and expenditure and by the Secretary of State for public administration of December 28, 2012 corresponds to the Fundación EOI exercise so real, effective, and periodic power of inherent direction every entrepreneur in relation to their workers, assuming the negotiation and payment of wages, the granting of permits, licenses and breakfast, substitutions, legal obligations in the field of prevention of occupational risks, taxation - when appropriate - disciplinary sanctions and few effects of Social security are derived in particular the payment of contributions and payment of benefits, and all other rights and obligations arising from the contractual relationship between employee and employer.
They will be responsible for the proper development of the Encomienda, the Fundación EOI, Oscar of the Moral Queipo, Director of postgraduate and Executive Education, and the Ministry, Nieves Aliagas Gil, Assistant Director-General of planning and human resources management. The technical proposal that defines the precise terms in which the different training activities financed by Fundación EOI will be developed subject to approval, where appropriate, by the Subdirección General.
Room. Amount economic and distribution budget.
The amount of the Encomienda in the fiscal years 2015 and 2016 is estimated, as maximum amounts, in the following terms, and in accordance with the following distribution for games and concepts: games concepts 2015 - 2016 Euros - € Total - € 1. Programme of training on line.
Faculty 3.840 5,760 9,600 strategic 300 450 750 address planning, monitoring and control of the 168 252 420 execution project and coordination of the project 80 120 200 design, management and maintenance platform 150-450-600 Total 4.538 7.032 11.570 2. Workshops of development skills.
Faculty 3,600 10,800 14,400 address strategic 375 525 900
Planning, monitoring and control of the 336 420 756 execution project and coordination of the project 280 1.180 1,460 Total 4.591 12.925 17.516 3. Program «Leaders who inspire».
Speakers 1,500 4,500 6,000 address strategic 75 225 300 planning, monitoring and control of the project 56 168 224 execution and coordination of the project 40 120 160 Total 1671 5.013 6.684 4. Teaching material (diplomas) 0 1,800 1,800 Total 10,800 26.770 37.570 amounts of items 1 to 3 include the following concepts: 1. remuneration of teaching staff in accordance with the rates of the EOI (items 1 and 2): 1920 EUR of 16 hours and 900 euros online training module 6 hours skills development workshop.
2. remuneration of speakers of renowned prestige (heading 3): 1,500 euros by session.
3. tasks related with the collaboration in the design, planning and development of the program, in which is include them following concepts, compliant to them rates established in the resolution of the Undersecretary of 30 of January of 2014 in which is approve them rates through which is fixed it retribution of them parcels of management that is made to the Foundation EOI (split 1.2 and 3) : Strategic direction (26 hours in total to 75 euros/hour).
Planning, monitoring and control of the project (50 hours in total to 28 euros per hour).
Execution and coordination of the project (91 hours in total to 20 euros per hour).
Design, management and maintenance of platform virtual (20 hours in total to 30 euros / hour).
Preparation of didactic material (diplomas) teachers included in items 1 and 2 will be Faculty of the EOI and presenters of heading 3 will be selected and hired by the EOI Foundation among professional experts and renowned in its sector.
The various training activities, including 3 training modules reaches this Encomienda, which are scheduled according to this calendar, detailing the cost of each of the training activities: 2015 - EUR 3 November - 9 November module 1 online 1.920,00 16 and 19 November Workshop 1 900,00 900,00 2 workshop 24 November - 30 November module 2 online 1.920,00 10 December talk motivational 1 1500,00 14 and 17 December 3 900,00 workshop Workshop 4 900,00
Total 8.940,00-2016-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 talk motivational 2 1500,00 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 7 March and 10 March Workshop 11 900,00 workshop 12 900 , 00 24 March motivational talk 3 1500,00 28 March and 31 March 13 workshop 900,00 14 900,00 Workshop 5 April - 11 April module 5 on line 18-21 April Workshop 1.920,00 15 900,00 900,00 16 workshop 28 April motivational talk 4 1500,00 Total 21.060,00 to the cost of training activities, must be added the cost of the following necessary concepts for collaboration in the design , planning and development of the programme in accordance with the rates set out in the resolution of the Undersecretariat of 30 January 2014 in which approve the rates by which the remuneration of the Encomiendas of management carried out attaches to the EOI Foundation.
Games 2015-euros 2016-euros Total-euros address strategic (26 hours × 75 euros / hour) 750 1,200 1,950 planning, tracking and control of the project (50 hours × 28 euros / hour) 560 840 1,400 execution and coordination of the project (91 hours × 20 euros / hour) 400 1,420 1,820 design, management and maintenance platform virtual (20 hours × 30 euros / hour) 150 450 600 Material didactic (diplomas) (60 euros student) 0 1,800 1,800 Total 1,860 5.710
7.570 them expenses originated by the present mandates, in total 37.570 euros, is financed by the amount of 10,800 euros with charge to the concept 20.01. 421 M. 16200 (training and improvement of personal) of the budget of the Ministry corresponding to the exercise 2015 and by the amount of 26.770 euros with charge to said concept corresponding to 2016.
Fifth. Regime of payment, justification and verification.
He payment, from the Ministry, is held to the Foundation EOI partially in each one of them exercises, a time made and completed them activities training corresponding, prior presentation of an invoice annual in each case, with memory supporting by headings, that must be formed by the Subdirectorate General of planning and management of resources human. The invoice corresponding to 2016 will contain a summary general of the development full of the program.
The Subdirectorate General is book the possibility of perform, in any time, the checking material of them bills presented and of them payments made with charge to the program.
Sixth. Term of the mandates.
He term of validity of it entrusted of management is extend until the completion of all them activities and initiatives of the program PDE 2015 / 16 and it presentation, conformity and payment of them obligations economic generated, that not may exceed of the 1 of December of 2016.
Seventh. Assignment of powers.
Charged with management does not involve transfer of ownership of powers or of the substantive elements of the exercise, conferred on the Ministry of industry, energy and tourism.
It is up to the Ministry of industry, energy and tourism issue acts or resolutions to give support or in which specific activity material subject to the present task of management to integrate.
According to which, signed this instrument of formalization of entrustment of management the Undersecretary of the Ministry, in use of its powers, and the Director of the EOI Foundation, in accordance with the provisions of its statutes.
Madrid, 29 September 2015, Undersecretary of industry, energy and tourism, Enrique Hernández Bento, the Director of the Fundación EOI, Fernando Bayon Marine.
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