Secondment Agreement

SECONDMENT AGREEMENT

THIS AGREEMENT, in triplicate, dated as of the day of , 20.

AMONG:

(hereinafter referred to as “SECONDEE”)

-and-

THE 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 unionizednon-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.

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);

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.

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  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.

6.2  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;

(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.:

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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