Common use of Short Term Training Clause in Contracts

Short Term Training. 1. The Project Implementing Entity shall: (i) cause BBSYDP to implement the activities under Component 1 of the Project in accordance with the BBSYDP Operations Manual; and (ii) refrain, and cause BBSYDP to refrain, from unilaterally amending, suspending, abrogating, repealing or waiving, whether in whole or in part, any provision of the BBSYDP Operations Manual, so as to materially and adversely affect the ability of BBSYDP and the Project Implementing Entity to perform any of the obligations set forth in this Agreement. 2. In carrying out Component 1 of the Project, the Project Implementing Entity shall cause BBSYDP to: (a) call for rounds of short-term training technical/financial proposals/ expressions of interest from pre-qualified Training Providers on a regular basis, in a manner and substance satisfactory to the Association; and (b) soon thereafter, have such proposals examined by a technical committee, in accordance with selection criteria set forth in the BBSYDP Operations Manual, and in a manner and substance satisfactory to the Association, so as to ensure that the proposals are technically feasible and cost-effective, and are designed in accordance with appropriate business standards. 3. Upon the selection of short-term training proposals, the Project Implementing Entity shall cause BBSYDP to enter into service contracts or Sub-grant Agreements, as the case may be, with the respective Training Providers, under terms and conditions satisfactory to the Association, which shall include the following: (a) a performance-based system for the payment of the training services requiring that: (i) the Training Providers commit to a minimum level of job placement of the trained Trainees, which levels shall be reported and verified within timeline described in the BBSYDP Operations Manual; and (ii) at least ten percent (10%) of the service fee or Sub-grant be withheld until the respective Training Provider has submitted to BBSYDP the foregoing job placement report. (b) the automatic disqualification, for a period of twelve (12) months, or another time frame as may be described in the BBSYDP Operations Manual, of the Training Provider that does not accomplish the minimum levels of job placements of Trainees agreed as per sub-paragraph (a) above; and (c) the obligation of the Training Providers to submit to BBSYDP regular reports on the performance of the Project-financed short-term training programs, including, inter alia, a baseline inception report, regular attendance reports, regular training progress reports, a course completion report and a job placement report. 4. Further to the foregoing provisions set out in paragraph 3 of this sub-Section I.C, the Project Implementing Entity shall cause BBSYDP to ensure that the Sub-grant Agreements to be entered by and between BBSYDP and the Training Providers selected pursuant to paragraph 1 of this sub-Section shall contain provisions adequate to protect the interest of the Association and the Recipient, including the requirements that: (a) the Training Providers perform their services under the Project and carry out training with due diligence and efficiency, in accordance with sound technical, financial and managerial standards, and pursuant to the principles, procedures and guidelines set forth in the BBSYDP Operations Manual; (b) the Training Providers maintain policies, procedures and records adequate that would enable them to monitor and evaluate on an on-going basis, the performance and development of the training courses, the attendance of Trainees, and the job placements ratios thereof, in accordance with indicators satisfactory to the Association; (c) the Training Providers obtain/produce all such information as the Association, the Recipient and/or BBSYDP shall reasonably request regarding their activities under the Project, and the development benefits thereby attained; (i) the goods and services to be financed out of the proceeds of the Sub-grant be procured in accordance with the Procurement Guidelines and the Consultants Guidelines as set forth in Section III below; and (ii) such goods and services be used for the carrying out of the selected training courses; (e) the Training Providers abide by the Anti-corruption Guidelines; (f) the right of the Association to inspect, by itself or through representatives, whether jointly with the BBSYDP or the Recipient, or alone, randomly and/or unannounced, as the Association may decide from time to time, any relevant sites, records and documents related to the training service provided under the Sub-grant Agreement; and (g) the right of the Recipient and BBSYDP to suspend and/or cancel the Sub- grant Agreement and the Training Provider’s use of any proceeds therein granted, upon: (i) failure by said Training Provider to perform its obligations under the Sub-grant Agreement; or (ii) the Association’s exercising any suspension and cancelation remedies under the General Conditions, the Financing Agreement or this Project Agreement. 5. The Project Implementing Entity shall ensure that: (a) BBSYDP shall pay the Stipends/Relocation Allowances to the Trainees in a timely fashion, subject to the Trainees’ on-going compliance with the eligibility criteria set forth in the BBSYDP Operations Manual; and (b) As a pre-requisite for such Stipends/Relocation Allowances payments, BBSYDP shall have ensured that a Trainee: (i) has opened a bank account on terms and conditions acceptable to the Association; or (ii) has agreed to BBSYDP’s alternative payment methods, acceptable to the Association. 6. The Project Implementation Entity shall cause BBSYDP to design/develop, adopt by no later than six (6) months after the Effective Date, and thereafter apply throughout the period of implementation of the Project, an easily accessible grievance redressal mechanism, satisfactory to the Association, in order to address and correct any inclusion and/or exclusion errors in the selection of Trainees pursuant to BBSYDP Operations Manual, and/or any mistakes/errors in defrayment of Stipends/Relocation Allowances to Trainees. 7. The Project Implementation Entity shall cause BBSYDP to design/develop and implement by no later than six (6) months after the Effective Date, a comprehensive documentation and record keeping database, in a manner and substance satisfactory to the Association, in order to keep track and facilitate the analysis of the data provided and/or collected by BBSYDP, the M&E Third Party Consultants and the selected Training Providers, on the Training Providers’ performance, the number of applicants to their training programs, the number of Trainees financed by the Project and enrolled in those programs, and the job placement outcomes thereof.

Short Term Training. 1. The Project Implementing Entity shall: (i) cause BBSYDP to implement the activities under Component 1 of the Project in accordance with the BBSYDP Operations Manual; and (ii) refrain, and cause BBSYDP to refrain, from unilaterally amending, suspending, abrogating, repealing or waiving, whether in whole or in part, any provision of the BBSYDP Operations Manual, so as to materially and adversely affect the ability of BBSYDP and the Project Implementing Entity to perform any of the obligations set forth in this Agreement. 2. In carrying out Component 1 of the Project, the Project Implementing Entity shall cause BBSYDP to: (a) : call for rounds of short-term training technical/financial proposals/ expressions of interest from pre-qualified Training Providers on a regular basis, in a manner and substance satisfactory to the Association; and (b) and soon thereafter, have such proposals examined by a technical committee, in accordance with selection criteria set forth in the BBSYDP Operations Manual, and in a manner and substance satisfactory to the Association, so as to ensure that the proposals are technically feasible and cost-effective, and are designed in accordance with appropriate business standards. 3. Upon the selection of short-term training proposals, the Project Implementing Entity shall cause BBSYDP to enter into service contracts or Sub-grant Agreements, as the case may be, with the respective Training Providers, under terms and conditions satisfactory to the Association, which shall include the following: (a) : a performance-based system for the payment of the training services requiring that: (i) the Training Providers commit to a minimum level of job placement of the trained Trainees, which levels shall be reported and verified within timeline described in the BBSYDP Operations Manual; and (ii) at least ten percent (10%) of the service fee or Sub-grant be withheld until the respective Training Provider has submitted to BBSYDP the foregoing job placement report. (b) . the automatic disqualification, for a period of twelve (12) months, or another time frame as may be described in the BBSYDP Operations Manual, of the Training Provider that does not accomplish the minimum levels of job placements of Trainees agreed as per sub-paragraph (a) above; and (c) and the obligation of the Training Providers to submit to BBSYDP regular reports on the performance of the Project-financed short-term training programs, including, inter alia, a baseline inception report, regular attendance reports, regular training progress reports, a course completion report and a job placement report. 4. Further to the foregoing provisions set out in paragraph 3 of this sub-Section I.C, the Project Implementing Entity shall cause BBSYDP to ensure that the Sub-grant Agreements to be entered by and between BBSYDP and the Training Providers selected pursuant to paragraph 1 of this sub-Section shall contain provisions adequate to protect the interest of the Association and the Recipient, including the requirements that: (a) : the Training Providers perform their services under the Project and carry out training with due diligence and efficiency, in accordance with sound technical, financial and managerial standards, and pursuant to the principles, procedures and guidelines set forth in the BBSYDP Operations Manual; (b) ; the Training Providers maintain policies, procedures and records adequate that would enable them to monitor and evaluate on an on-going basis, the performance and development of the training courses, the attendance of Trainees, and the job placements ratios thereof, in accordance with indicators satisfactory to the Association; (c) ; the Training Providers obtain/produce all such information as the Association, the Recipient and/or BBSYDP shall reasonably request regarding their activities under the Project, and the development benefits thereby attained; (i) the goods and services to be financed out of the proceeds of the Sub-grant be procured in accordance with the Procurement Guidelines and the Consultants Guidelines as set forth in Section III below; and (ii) such goods and services be used for the carrying out of the selected training courses; (e) ; the Training Providers abide by the Anti-corruption Guidelines; (f) ; the right of the Association to inspect, by itself or through representatives, whether jointly with the BBSYDP or the Recipient, or alone, randomly and/or unannounced, as the Association may decide from time to time, any relevant sites, records and documents related to the training service provided under the Sub-grant Agreement; and (g) and the right of the Recipient and BBSYDP to suspend and/or cancel the Sub- Sub-grant Agreement and the Training Provider’s use of any proceeds therein granted, upon: (i) failure by said Training Provider to perform its obligations under the Sub-grant Agreement; or (ii) the Association’s exercising any suspension and cancelation remedies under the General Conditions, the Financing Agreement or this Project Agreement. 5. The Project Implementing Entity shall ensure that: (a) : BBSYDP shall pay the Stipends/Relocation Allowances to the Trainees in a timely fashion, subject to the Trainees’ on-going compliance with the eligibility criteria set forth in the BBSYDP Operations Manual; and (b) and As a pre-requisite for such Stipends/Relocation Allowances payments, BBSYDP shall have ensured that a Trainee: (i) has opened a bank account on terms and conditions acceptable to the Association; or (ii) has agreed to BBSYDP’s alternative payment methods, acceptable to the Association. 6. The Project Implementation Entity shall cause BBSYDP to design/develop, adopt by no later than six (6) months after the Effective Date, and thereafter apply throughout the period of implementation of the Project, an easily accessible grievance redressal mechanism, satisfactory to the Association, in order to address and correct any inclusion and/or exclusion errors in the selection of Trainees pursuant to BBSYDP Operations Manual, and/or any mistakes/errors in defrayment of Stipends/Relocation Allowances to Trainees. 7. The Project Implementation Entity shall cause BBSYDP to design/develop and implement by no later than six (6) months after the Effective Date, a comprehensive documentation and record keeping database, in a manner and substance satisfactory to the Association, in order to keep track and facilitate the analysis of the data provided and/or collected by BBSYDP, the M&E Third Party Consultants and the selected Training Providers, on the Training Providers’ performance, the number of applicants to their training programs, the number of Trainees financed by the Project and enrolled in those programs, and the job placement outcomes thereof.