SECONDMENT AGREEMENT
THIS AGREEMENT, in triplicate, dated as of the
day of
, 20
.
AMONG:
(hereinafter referred to as “SECONDEE”)
-andTHE UNIVERSITY OF MANITOBA
(hereinafter referred to as the “UNIVERSITY”)
-and-
(hereinafter referred to as the “HOME INSTITUTION”)
WHEREAS:
A.
The UNIVERSITY requires a person to provide the services of a
and
wishes
, a non-unionized employee of the HOME INSTITUTION (the
“SECONDEE”), to provide such services (the “services”);
B.
The HOME INSTITUTION is prepared to release the SECONDEE from duties at
the HOME INSTITUTION so that the SECONDEE may provide services to the
UNIVERSITY in accordance with the terms and conditions of this Agreement;
C.
The SECONDEE is prepared to provide the services to the UNIVERSITY in
accordance with the terms and conditions of this Agreement.
NOW WITNESSETH that by their mutual covenants and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
ARTICLE 1: SECONDMENT
1.1
For the term of this Agreement, the HOME INSTITUTION shall permit
SECONDEE to be seconded to the UNIVERSITY for
% of the
SECONDEE’s regular working hours with the HOME INSTITUTION.
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1.2
The SECONDEE shall report to the UNIVERSITY in respect of the services
provided to the UNIVERSITY during the term of this Agreement.
ARTICLE 2: TERM, EXTENSION AND TERMINATION
2.1
The term of this Agreement shall be from
, 20
to
, 20
,
unless extended by mutual agreement of the parties under section 2.2 of this
Agreement or unless earlier terminated under sections 2.3, 2.4, 2.5, or 2.6 of this
Agreement.
2.2
This Agreement may be extended by mutual agreement of the parties in writing,
upon such terms and conditions as the parties may agree, in writing.
2.3
This Agreement may be earlier terminated without cause upon 60 days prior
written notice by either the HOME INSTITUTION or the UNIVERSITY, or upon
such other period of notice as may be mutually agreed upon by the parties in
writing.
2.4
Notwithstanding any other provision of this Agreement, the UNIVERSITY may
terminate this Agreement with immediate effect if, in the opinion of the
UNIVERSITY, the services provided pursuant to this Agreement are
unsatisfactory or improperly performed.
2.5
Notwithstanding any other provision of this Agreement, the HOME INSTITUTION
may terminate this Agreement with immediate effect in the event that the
UNIVERSITY fails to remedy or take action to remedy any breach of a term of
this Agreement.
2.6
Notwithstanding any other provision of this Agreement, any party may terminate
this Agreement with immediate effect in the event that a part of this Agreement
cannot be performed due to causes that are outside the control of the parties and
could not be avoided by exercising of due care.
2.7
Should the SECONDEE be unable to provide the services identified in this
Agreement due to SECONDEE’S death or extended absences related to illness
or injury, there is nothing in the Agreement that requires the HOME
INSTITUTION to make available to the UNIVERSITY an alternate secondee.
ARTICLE 3: SALARY, BENEFITS AND EXPENSES
3.1
The UNIVERSITY shall pay to the HOME INSTITUTION
% of the following
amount, as reimbursement for the services provided by the HOME INSTITUTION
to the UNIVERSITY pursuant to this Agreement:
(a)
base salary in the amount of $
per annum; and
(b)
the actual cost of staff benefits and pay levy (estimated to be
approximately
% of base salary);
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for each respective 12 month term of the Agreement, to be paid in accordance
with section 3.2 of this Agreement. The parties agree that the amounts identified
in section 3.1 will be modified to reflect any subsequent adjustments to which the
SECONDEE would otherwise be entitled as an employee of the HOME
INSTITUTION or by legislation provided that written notice to the UNIVERSITY
shall be given forthwith by the HOME INSTITUTION.
3.2
The UNIVERSITY shall pay to the HOME INSTITUTION the amounts stipulated
in section 3.1 in monthly installments, upon receipt of invoices therefor.
3.3
Arrangements respecting payment of expenses incurred shall be between the
UNIVERSITY and the SECONDEE. However, the UNIVERSITY shall not be
liable for any expenses incurred unless the UNIVERSITY gives it prior written
approval.
3.4
The HOME INSTITUTION shall not be responsible for any expenses incurred by
the SECONDEE in the course of providing services to the UNIVERSITY pursuant
to this Agreement
3.5
With the exception of sick leave, any request by the SECONDEE for leave during
the term of the Agreement (e.g. educational or vacation) shall require the prior
approval of both the UNIVERSITY and the HOME INSTITUTION, which approval
shall not be unreasonably withheld. The UNIVERSITY shall maintain a record of
any leave (e.g. sick, vacation, educational) granted to the SECONDEE in the
course of providing services to the UNIVERSITY. The UNIVERSITY shall provide
this record to the HOME INSTITUTION on a monthly basis.
ARTICLE 4: STATUS
4.1
During the term of this Agreement, the SECONDEE shall remain an employee of
the HOME INSTITUTION and shall be entitled to the rights and benefits that
would be applicable to the SECONDEE's position at the HOME INSTITUTION.
ARTICLE 5: CONFIDENTIALITY AND OWNERSHIP OF INFORMATION
5.1
It is agreed that all materials, programs, reports, and correspondence of any
nature prepared in the course of providing services to the UNIVERSITY during
this Agreement shall be the property of the UNIVERSITY. While this Agreement
is in effect, and at all times thereafter, the SECONDEE shall treat as confidential
all information, data, reports, documents and materials acquired or to which
access has been given in the course of providing services to the UNIVERSITY
pursuant to this Agreement and shall not disclose or permit to be disclosed any
such information without first obtaining the permission of the UNIVERSITY.
5.2
The SECONDEE will abide by the policies of the UNIVERSITY in the
performance of the SECONDEE’s duties for the UNIVERSITY.
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5.3
It is agreed that all materials, programs, reports, and correspondence of any
nature prepared in the course of providing services to the HOME INSTITUTION
during the term of this Agreement shall be the property of the HOME
INSTITUTION. While this agreement is in effect, and at all times thereafter, the
SECONDEE shall treat as confidential all information, data, reports, documents
and materials acquired or to which access has been given in the course of
providing services to the HOME INSTITUTION during the term of this Agreement
and shall not disclose or permit to be disclosed, any such information without first
obtaining the permission of the HOME INSTITUTION.
5.4
If requested by the HOME INSTITUTION, the UNIVERSITY shall prepare and
provide a written assessment to the HOME INSTITUTION within 2 months of the
cessation of this Agreement or renewal thereof. The assessment shall take the
form of a performance measure outlining the UNIVERSITY’s level of satisfaction
with the Secondee’s services provided under this Agreement.
ARTICLE 6: INDEMNITY
6.1
6.2
The UNIVERSITY shall at all times indemnify and save harmless the HOME
INSTITUTION, its officers, directors, employees and agents from and against
every claim, demand, cost, loss, expense, damage, action suit, and proceeding
of any kind made, brought, sustained prosecuted or threatened to be made,
brought or prosecuted in respect of any injury to or death of a person or damage
to or loss of property in any manner based upon, arising during, occasioned by,
attributable to or resulting from or by virtue of providing services to the
UNIVERSITY, including:
(a)
any act or omission of the SECONDEE in the provision of services to the
UNIVERSITY under this agreement regardless of where those services
are performed; and
(b)
any act or omission of the UNIVERSITY in the control and direction of the
SECONDEE in the course of the SECONDEE providing services to the
UNIVERSITY.
The HOME INSTITUTION shall at all times indemnify and save harmless the
UNIVERSITY, its officers, directors, employees and agents from and against
every claim, demand, cost, loss, expense, damage, action, suit, and proceeding
of any kind made, brought, sustained, prosecuted, or threatened to be made,
brought or prosecuted in respect of any injury to or death of a person or damage
to or loss of property in any manner based upon, arising during, occasioned by,
attributable to or resulting from or by virtue of providing services to the HOME
INSTITUTION, including:
(a)
any act or omission of the SECONDEE in the provision of services to the
HOME INSTITUTION regardless of where those services are performed;
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(b)
any act or omission of the HOME INSTITUTION in the control and
direction of the SECONDEE in the course of providing services to the
HOME INSTITUTION; and
(c)
anything relating to the HOME INSTITUTION’s use of the written
assessment referred to in section 5.4 of this Agreement.
ARTICLE 7: DISPUTE RESOLUTION
7.1
If the UNIVERSITY and HOME INSTITUTIONS’ representatives cannot agree to
a mutually acceptable resolution of any issues arising from this Agreement, the
dispute shall be jointly referred to the Vice-President (Administration) at the
UNIVERSITY or designate and appropriate Vice-President or Executive Director
of the HOME INSTITUTION or designate. If the issue is not resolved within 21
days of such referral, subject to contrary provision in applicable collective
agreements, the UNIVERSITY and HOME INSTITUTION shall appoint a
mediator to attempt to resolve the dispute. In the event that the UNIVERSITY
and HOME INSTITUTION are unable to achieve a mediated resolution of the
dispute within 30 days from the appointment of a mediator (or such longer period
as the UNIVERSITY and HOME INSTITUTION may agree), the matter shall be
referred to arbitration pursuant to the provision of The Arbitration Act (Manitoba).
ARTICLE 8: GENERAL
8.1
Article 5.1, 5.3, 6.1, and 6.2 shall survive the expiry or termination of this
Agreement.
8.2
This Agreement shall be construed in accordance with the laws of Manitoba as
applied to transactions taking place entirely within Manitoba between Manitoba
residents.
8.3
Both before and after the expiry or termination of this Agreement, the parties
shall execute all documents and do all acts and things as any other party may
reasonably request in order to carry out the intent of this Agreement.
8.4
The parties may amend any provision of this Agreement at any time by mutual
agreement in writing.
8.5
Any notices given under this Agreement shall be in writing and delivered or sent
by courier, facsimile transmission or registered mail to the respective addresses
set out below or such other address as one party may notify the other, in writing:
If to the University:
Attention:
Facsimile No.:
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If to the Home Institution:
Attention:
Facsimile No.:
If to the SECONDEE:
8.6
This Agreement may be executed in any number of counterparts and by different
parties in separate counterparts, each of which when so executed shall be
deemed to be an original and all of which taken together shall constitute one and
the same agreement. Delivery by facsimile or by electronic transmission in
portable document format (PDF) of an executed counterpart of this Agreement is
as effective as delivery of an originally executed counterpart of this Agreement.
IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date
first written above.
THE UNIVERSITY OF MANITOBA
Per:
Name:
Title:
Per:
Name:
Title:
Per:
Name:
Title:
Witness
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