DISCRETIONARY GRANT APPLICATION AND CONFIRMATION AGREEMENT This agreement is applicable to the following grants (Indicated with an “x” the applicable grants for this agreement). Registered Name: Trading Name: Skills Development Levy (SDL) Number: (If applicable) Company Size (Please mark with an X) Small Medium Large Skills Development Levy (SDL) Numbers to be linked to main SDL number (if applicable) : Contact Person: Designation: Telephone numbers: E-mail address Postal address Physical Address W: Cell: Municipality NB: All applications must be submitted electronically to grants2012-13@wrseta.org.za. All applications must be submitted by no later than 15 February 2013. NB: All learners agreements must submitted to the relevant W&RSETA Regional Office by 15 March 2013. For office use For office use Date stamp: Captured by: Name:................................................... Signature: ............................................ Date: ................................. Approved by: Reference Number: ………………………………….. Name: ................................................. Page 1 of 10 Signature: ............................................ Date: .................................. Employers can only apply for a maximum of three grants funding. Small companies are limited to a maximum of 10 learners across all grants applied for. Medium companies are limited to a maximum of 50 learners across all grants applied for Large companies are limited to a maximum of 150 learners across all grants applied for Example: If it is a large company applying, it could be 50 learners for each grant funding for three grants or 150 learners in one grant funding. Discretionary Grant Number of learners available NQF1/Adult Education and Training (AET) Artisan Training Critical Skills Training FET Lecturer Training Training for Cooperatives Recognition of Prior Learning (RPL) Rural Development Funding Workplace Experience and Employment Grants (WEEG) FET College Graduates Placement Grant (Internships) TOTAL 500 200 1000 50 50 500 500 1000 Grant Applying For (Please tick) Number of Learners Applying For (indicate number) Total Amount Required 1500 Important Note: This confirmation agreement should be read in conjunction with the Discretionary Grant Implementation Guide (Annexure B) Document for each Grant “Skills Development for Economic Growth” SECTION 1. Definitions and Glossary ABET Accredited Training Provider Contracting party Critical Skill DHET Employer Female learners FET Funding Priorities Grant Regulations HET Learners with disabilities Learnerships Learning Programmes Level of programmes Non levy paying enterprises (NLPs) Non SA Learners Adult Basic Education and Training A registered business entity which is accredited with an appropriate Education and training quality assurance body as per the SAQA act will mean the party to this agreement with the W&RSETA which can include a constituent employer or any other party as provided for within the Discretionary Grant Regulations refers to a skill deficiency within an occupation which a broad range of skilled people in a particular occupation lack in the performance of their duties. In keeping with international trends is reserved for internal skills gaps: Key or generic skills / critical cross-field outcomes such as problem solving, learning to learn), language and literacy skill, mathematical skill, ICT skill) Technical (top-up) skill linked to occupational classification system Firms or sectors experiencing productivity, service delivery, and quality (wastage) problems linked / related to skills deficits Department of Higher Education and Training ‘Employer’ as defined in the Fourth Schedule to the Income Tax Act are female gender learners from all race groups including non SA citizens and people with disabilities Further Education Training The Discretionary Grant funding policy that gives priority to specific criteria, e.g. critical skills Skills Development Grant Regulations No 27801of July 2005. May be requested from the W&RSETA Higher Education Training include learners with disabilities of all races, both genders, young learners and non SA citizens A learning qualification that combines a practical work-based component and a theory or classroom-based component. A Learnership has to lead to a registered NQF qualification A set of learning activities intended to provide a learner with particular knowledge and skills Level of education and training programmes on the NQF will mean a formally registered company (for example, Pty or CC) that is not required to pay the skills development levy but is registered with a SETA and can benefit from skills development support are learners who are citizens of any country other than South Africa Page 2 of 10 NSDS III Placement SARS Scarce Skill SDL SETA SLA SMME SSP Sector Skills Priorities Skills Programme Unemployed W&RSETA Young learners 18.1 18.2 National Skills Development Strategy valid from 1 April 2011 to 31 March 2016. May be requested from the W&RSETA will mean entry into permanent or temporary employment or self-employment or entry onto a learning programme different from the one completed by the learner. South African Revenue Services refers to skill deficiency at an occupational level where there are insuffient skilled people to meet labour market demands. Occupations in which there is a scarcity of qualified and experienced people – current or an anticipated – identified in respect of: Geographical location (Relative) Equity (Relative) A new or emerging occupation for which there are no programmes / qualifications (as yet) (Absolute) Firms, sectors and/or country experiencing economic blockage (can’t grow) / lower productivity growth (Absolute) Replacement demand and supply indicators (Absolute &/or Relative) Skills Development Levy Sector Education and Training Authority Service Level Agreement Small Medium Micro Enterprises Sector Skills Plan. Sector skills needs that have been identified as priority areas for funding in the sector. The sector skills priorities are what the Discretionary Grant allocations are intended to fund. See also “Scarce Skill” and “Critical Skill” Occupationally based training programmes that are credit bearing delivered by accredited education and training providers. On successful completion learners could receive credits towards a qualification registered on the NQF An individual who has no employment and has not entered into a contract of employment. This includes individuals who have been retrenched Wholesale and Retail Sector Education and Training Authority are all learners 35 years of age or younger from all race groups, both genders, non SA citizens and people with disabilities. Employed Learners Unemployed Learners Page 3 of 10 SECTION 2: APPROVED GRANT ALLOCATION SCHEDULE (SUBJECT TO SECTION 3 AND SUBJECT TO ANNEXURE A AND ANNEXURE B TO THIS AGREEMENT) RPL Grants 1. RPL Grant Programmes Rate per Learner Learnerships - 500 learners R12 500 .00 learnerships per learner Skills programmes – 500 learners R950 .00 – per unit standard per learner No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For TOTAL Artisan Training Grants 2. Artisan Training Grants Level Rate per Learner Progressively from level 1- 4. (See Annexure…..) R42 000 per learner for a full apprenticeship TOTAL Workplace Experience and Employment Grants Learning Programme Title & Level (Specify) Rate per Learner 3. Workplace Experience Employment Grants For University Graduates (WEEG) Qualified learners (Must have completed a Degree / Diploma 18.2 – R3500 per month for a maximum of 12 months 4. Workplace Experience Employment Grants For FET College Graduates (WEEG) Qualified learners (Must have completed an NVC L4 /N3 qualification 18.2 – R3000 per month for a maximum of 12 months FET College Graduate Placement Grants (Internships) 5. HET College Graduate Placement Grants (Internships) (18.2) Learning Programme Title & Level Rate per Learner Experiential Programme (Depending on the requirements of the qualification. For a minimum of 3 months and a maximum of 6 months) Internship Programme for N6 FET Graduates. (For a maximum of 18 months) Stipend per unemployed learner R2500 per month. TOTAL 6.FET College Graduate Placement Grants (Internships) (18.2) Stipend per unemployed learner R2500 per month. TOTAL FET Lecturer Capacitation Grants Programme Rate per Learner 7.FET Lecturer - Retail Exposure Programmes to be determined by applicants Depending on the programme detail TOTAL Critical Skills Grants 8. Critical Skills Grants (18.1) Learning Programme Title & Level See attached list of critical skills. (Annexure……..) Rate per Learner R1250 per unit standard on skills programmes. Maximum 6 unit standards. TOTAL NQF 1/Adult Education and Training Grants Learning Programme Title & Level Rate per Learner 9. NQF 1/ Adult Education and Training Grants (18.1) NQF 1/Adult Education and Training qualification R15 000 per learner TOTAL Page 4 of 10 Rural Development Grants 10. Rural Development Grants. (18.2) Learning Programme Title & Level Rate per Learner Learnerships and Skills Programmes R15 000 per learner on learnerships for Management and Delivery No. of Learners applied for Amount Applied For No. of Learners applied for Amount Applied For R24 000 per learner for learner stipends R1250 per unit standard on skills programmes. Maximum six unit standards. TOTAL Co-operative Support Grants Learning Programme Title & Level Rate per Learner 11. Co-operative Support Grants (18.1) Learnerships and Skills Programmes R15 000 per learner on learnerships R1250 per unit standard on skills programmes. Maximum six unit standards. TOTAL SECTION 3: SERVICE LEVELS AND PAYMENT TERMS Grant Deliverables Quality Requirements Payment amount / percentage Management and Delivery All Grants Register learner Learners registered on the W&RSETA SMS 50% Learner Certification Learners Certified 50% Learner Stipends Registered Learners Learners registered on W&RSETA SMS Page 5 of 10 100% SECTION 4: VERIFICATION, MONITORING AND AUDITING The W&RSETA reserves the right to verify, monitor and audit any of the above approved grants during the implementation period by a designated W&RSETA representative. Payments are also subject to these processes as per the quality requirements in Section 3 and Annexure B. SECTION 5: TERMINATION AND BREACH a. If any Party fails to remedy a breach of this Agreement or in connection with the execution of this Agreement within 30 (thirty) Business Days after receipt of a written notice by the aggrieved Party calling for the breach to be remedied, then the aggrieved Party is entitled to all remedies at law, including to cancel this Agreement or to claim specific performance of any Obligation, in either event without prejudice to the aggrieved Party's right to claim damages. b. Should there be termination / dispute on a specific grants; the other grants will continue while all rights and responsibilities under the window/s in question will be suspended pending the outcome of such dispute. c. In an event of Default, the aggrieved Party shall be entitled to cancel this Agreement by addressing written notice to that effect to the defaulting Party and to claim damages from the defaulting party. d. The W&RSETA may withhold grants or recover any grants paid to an applicant if it is found that the grants allocated are not being used for the purpose for which the grant was intended. e. Noncompliance to requirements will lead to summary termination of the agreement and the Contracting party will, due to non-compliance have neither right to any grants or disbursements nor any other right out of this agreement Page 6 of 10 SECTION 6: BANKING DETAILS (Company/Entity) (Only complete if details have changed or have not been submitted before) Please use the banking details currently on record with the W&RSETA (If ticked, do not complete banking details but please ensure that this section is signed by the authorised representative) Copy of original cancelled cheque / letter from bank confirming bank details if not previously submitted Name of Bank: Branch: Branch Code: Account number Type of account (Please tick the appropriate box ()) Savings Current Attach at least one of the following to confirm banking details: Copy or cancelled cheque (preferable). A copy of an entity bank statement. Official signed letter with the banking details (letterhead should comply with the Companies Act and Closed Corporation Act). Please Note: The Organisation’s name, Bank account number, Bank code, etc. on the attached cancelled cheque, must be the same as the detail reflected above on the covering sheet Payment instructions: To whom it May Concern: The Organisation hereby requests and authorises W&RSETA to pay any amounts, which may accrue to the credit of the Organisation’s account with the mentioned bank. The Organisation understands that the credit transfers hereby authorised will be processed by computer through a system known as the “ACB ELECTRONIC TRANSFER SERVICES”, and the Organisation also understands that an additional advice of payment will be printed on the Organisation’s bank statement. The Organisation understands that a payment advice will be supplied via the SETA Management System (SMS) and which will indicate that funds are deposited into the Organisation’s bank account. The Organisation may cancel this authority by giving thirty (30) days, written notice by prepaid registered post. Authorised signatory (Company /Entity) Job Title Company/Entity Registration Number Signature Date Company/Entity VAT Registration Number Page 7 of 10 SECTION 7: DECLARATION BY CONTRACTING PARTY This is to confirm that levy paying organisations are up to date with levy payments to the Commissioner of the South African Revenue Services if applicable as well as indicating compliance with the entire agreement as applicable per the relevant funding windows. Please Note: This is to confirm that the organisation hereunder accepts and agrees to comply with Section 2 to 6. CEO/MD/HR Director On Behalf of the Company(Signature of Duly Authorised Signatory) Name and Surname Designation of Signatory Date Telephone number (work) Cell phone number E-mail Address Signature Witness 1 Name and Surname Signature Date Witness 2 Name and Surname Date Signature On Behalf of W&RSETA(Signature of Duly Authorised Signatory) Address Riverside Office Park, Hennops House, 1303 Heuwel Avenue, Centurion Name and Surname (Please tick the relevant signatory) Designation of Signatory Place Date Signature D. Matloa H. Zwarts J. Dikgole CFO Centurion COO CEO Witness 1 Name and Surname Date Signature Witness 2 Name and Surname Date Signature Please Note: It is important to note that W&RSETA will not disburse the grants above if the original signatures are not appended. The Original signed hard copies must be posted or delivered to the W&RSETA. SPECIAL CONDITIONS Page 8 of 10 1) Indemnities a) 2) The decision of the arbitrator shall be final and binding on the parties and may be made an order of court of competent jurisdiction e) The sections of this agreement pertaining to the dispute on the relevant funding window will be deemed suspended with immediate effect upon S 6 taking effect and will last until the dispute relating to such funding window has been resolved. This suspension will not in any way affect the rights and responsibilities of any of the parties obtained in terms of any funding windows within which such a dispute has not been declared and this agreement shall therefore remain in effect with applicability to such non-disputed funding windows. The Contracting Party agrees that while this Agreement is in force or at any time thereafter, not to challenge the rights of the W&RSETA in the Intellectual Property or copyrighted works or put in issue, whether directly or indirectly, the validity of the Intellectual Property rights or copyrighted works which is owned by the W&RSETA and / or the W&RSETA's ownership thereof which rights shall be applied mutatis mutandis to include the intellectual property of the Contracting Party 7) Each Party must bear its own costs arising out of the negotiation, preparation and execution of this Agreement inclusive of any stamp duty which may be applicable. Governing Law and Jurisdiction a) This Agreement and the transactions contemplated by this Agreement are governed by the laws of Republic of South Africa. b) Subject to clause 7, the Parties submit to the jurisdiction of the High Court of South Africa and the courts of appeal from them. The Parties furthermore submit to the Transvaal Local Division of the High Court of South Africa Force Majeure a) b) 6) Neither Party may assign any of its rights under this Agreement without the prior written consent of the other Party, which consent will not be unreasonably withheld. Costs a) 5) d) The Contracting Party hereby indemnifies, and will continue to indemnify, the W&RSETA against all liability, loss and/or damage of whatsoever nature and howsoever arising that the W&RSETA may suffer, sustain or incur in connection with or arising directly or indirectly as a result of the execution of this Agreement and which liability, loss and/or damage includes but is not limited to any death, bodily harm or disability by any party Intellectual Property a) 4) The arbitrator shall have the powers conferred upon an arbitrator in terms of the Arbitration Act, 1965 (as amended) but shall be entitled to decide on such procedures as he has considered desirable for the speedy determination of the dispute, and in particular he shall have the sole and absolute discretion to determine whether and to what extent it shall be necessary to file pleadings, make discovery of documents or hear oral evidence. The Parties agree that the High Court Rules of Court and the procedures set out therein shall be applicable to an arbitration pursuant to this Agreement. Assignment a) 3) c) Despite any other provision of this Agreement to the contrary, no Party need act if it is impossible to do so owing to any cause beyond its reasonable control (including, without limitation, war, riot, natural disaster, or law taking effect after the date of this contract). The non-performing Party agrees to notify the other promptly after it determines that it is unable to act. No Party has any responsibility or liability for any loss or expense, suffered or incurred by any other Party as a result of its not acting for so long as the impossibility under this clause 5(a) continues. However, the non-performing Party agrees to take reasonable efforts to avoid or remove the cause and agrees to continue performance under this Agreement promptly when the causes are removed The Parties must, before resorting to court or arbitration proceedings, refer any dispute under or relating to this Agreement between the Contracting Party and the W&RSETA, including, without derogating from the generality hereof, its application, breach, interpretation, validity, termination or cancellation, or any matter arising there from initially to a representative nominated by the W&RSETA and a representative nominated by the Contracting Party, to endeavour to resolve the dispute within 10 Business Days of the giving of notice of a dispute by a Party. i) Survival of Rights, Duties and Obligations a) 9) Termination of this Agreement for any cause shall not release a Party from any liability which at the time of termination has already accrued to such Party or which thereafter may accrue in respect of any act or omission prior to such termination. Assignment This Agreement shall be binding on the parties hereto and their respective successors and assigns provided that the Contracting Party shall not be entitled to cede its rights and delegate its obligations under this Agreement without the prior written consent of the W&RSETA. 10) Interpretation Dispute Resolution and Jurisdiction a) 8) If the dispute is not resolved by the Parties in accordance with clause 6(a) within the time specified in that clause, then either Party may, in its sole discretion, initiate court or arbitration proceedings. Such arbitration proceedings shall be held in Pretoria unless otherwise agreed to in writing and shall be held in a summary manner with a view to it being completed as soon as possible. For the purpose of this Agreement, unless the context requires otherwise; a) the singular shall include the plural and visa versa; b) a reference to one gender whether masculine or feminine or neuter include the other two; c) any word or expression defined in and for the purposes of this Agreement shall if expressed in the singular include the plural and visa versa and cognate word shall have a correspondent meaning; d) all the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purpose of interpreting it; 11) Confidentiality b) There shall be 1 (one) arbitrator who shall be an advocate of not less than ten years standing, or a practising attorney of not less than fifteen years standing and which appointment shall be agreed upon between the parties in writing or failing agreement between them, within a period of 10 business days by request by the president for the time being of the Law Society of the Northern Provinces to make the appointment and, in making his appointment, to have regard to the nature of the dispute. Each party undertakes that it will not, either during the Term or at any time thereafter, disclose to any person any confidential information of or relating to the other party of which it has become possessed as a result of this Agreement or the negotiations preceding this Agreement including, but not limited to, the terms of this Agreement. Page 9 of 10 Completed Application Form Checklist Please Mark With and “X” Have I completed the following documents: Complete d Grant application form in full. An incomplete form, which includes missing information will result in the rejection of the application Ensure SDL number and signatures of authorised signatory appear on relevant pages Attach a cancelled cheque etc … (for updated banking details) to the application form Retain a copy of the completed Grant application form and all supporting documentation for your records, and for monitoring visits Accredited provider with relevant scope chosen (Refer to our list of Accredited Training Providers on the website or any other SETA accredited provider) Page 10 of 10