SECONDMENT AGREEMENT
THIS AGREEMENT , in triplicate, dated as of the day of , 20 .
AMONG:
(hereinafter referred to as “SECONDEE”)
-and-
THE UNIVERSITY OF MANITOBA
(the “University”)
- and -
(the
“Facility”)
WHEREAS:
A. The Facility requires a person to provide the services of a and wishes a nonunionized employee of the University (the “Secondee”), to provide such services
(the “services”);
B. The University is prepared to release the Secondee from duties at the University so that the Secondee may provide such services to the Facility, in accordance with the terms and conditions of this Agreement;
C. The Secondee is prepared to provide the services to the Facility 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 University shall permit the Secondee to be seconded to the Facility for % of the Secondee’s regular working hours with the University.

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1.2 The Secondee shall report to the Facility in respect of the services provided to the
Facility 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 Facility 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 Facility may terminate this Agreement with immediate effect if, in the opinion of the Facility, the services provided pursuant to this Agreement are unsatisfactory or improperly performed.
2.5 Notwithstanding any other provision of this Agreement, the University may terminate this Agreement with immediate effect in the event that the Facility 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 cause 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 the Secondee’s death or extended absences related to illness or injury, there is nothing in the Agreement that requires the University to make available to the
Facility an alternate secondee.
ARTICLE 3 - SALARY, BENEFITS AND EXPENSES
3.1 The Facility shall pay to the University % of the following amount, as reimbursement for the services provided by the University to the Facility 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 annual salary);

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(c) research/study leave credits with a value estimated at % of base annual salary; 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 3.1will be modified to reflect any subsequent adjustments to which the
Secondee would otherwise be entitled as an employee of the University or by legislation provided that written notice to the Facility shall be given forthwith by the
University.
3.2 The Facility shall pay to the University 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
Facility and the Secondee. However, the Facility shall not be liable for any expenses incurred unless the Facility gives it prior written approval.
3.4 The University shall not be responsible for any expenses incurred by the Secondee in the course of providing services to the Facility 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 Facility, which approval shall not be unreasonably withheld. The Facility shall maintain a record of any leave (e.g. sick, vacation, educational) granted to the Secondee in the course of providing services to the
Facility. The Facility shall provide this record to the University on a monthly basis.
ARTICLE 4 - STATUS
4.1 During the term of this Agreement, the Secondee shall remain an employee of the
University and shall be entitled to the rights and benefits that would be applicable to the Secondee’s position at the University.
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 Facility during this Agreement shall be the property of the Facility. 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 Facility pursuant to this Agreement and shall not disclose or permit to be disclosed any such information without first obtaining the permission of the Facility.
5.2 The Secondee will abide by the policies of the Facility in the performance of the
Secondee’s duties for the Facility.

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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 University during the term of 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 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 University.
5.4 If requested by the University, the Facility shall prepare and provide a written assessment to the University within 2 months of the cessation of this Agreement or renewal thereof. The assessment shall take the form of a performance measure outlining the Facility’s level of satisfaction with the Secondee’s services provided under this Agreement
ARTICLE 6
– INDEMNITY
6.1 The Facility 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 Facility, including:
(a) any act or omission of the Secondee in the provision of services to the
Facility under this Agreement regardless of where those services are performed; and
(b) any act or omission of the Facility in the control and direction of the
Secondee in the course of providing services to the Facility; and
6.2 The University shall at all times indemnify and save harmless the Facility, 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

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(b) any act or omission of the University in the control and direction of the
Secondee in the course of providing services to the University; and
(c) anything relating to the University’s use of the written assessment referred to in section 5.4 of this Agreement.
ARTICLE 7
– DISPUTE RESOLUTION
7.1 If the Facility and Universit y’s 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 Facility or designate. If the issue is not resolved within 21 days of such referral, subject to contrary provision in applicable collective agreements, the Facility and University shall appoint a mediator to attempt to resolve the dispute. In the event that the Facility and University 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 Facility and University 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: The University of Manitoba
Attention:
Facsimile No.:

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If to the Facility:
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