Linkages – sample Agency Contract - Department of Advanced ...

LINKAGESAgency ContractAGREEMENTbetweenDepartment of Advanced Education and Skillsand(Name of Organization)(Project #)WHEREAS The Department of Advanced Education and Skills enters into an agreement with the (Nameof Organization), the co-ordinating agency, for the purposes of delivering the career development andemployment initiative – Linkages;AND WHEREAS the purpose of this agreement is to set forth the various rights and responsibilities of theparties hereto;NOW THIS AGREEMENT WITNESSETH that the description and objectives of the "Linkages" initiativewhich the covenants to undertake in furtherance of this agreement shall be as follows:To assist youth who have completed a transition / bridging program (e.g. career exploration, life skills,single parenting, job readiness, etc.) to make a successful labour market transition by providing asupportive employment opportunity, complemented by group (career activity-based) learning.FURTHER, the Department of Advanced Education and Skills agrees to provide the (Name ofOrganization) a sum of $________ to cover weekly subsidy and completion bonus necessary to provide(Number of clients) clients with work placements for a period of 26 weeks and administrative funding forthe program of $________. Employers are eligible to receive a maximum subsidy of up to $_______per position to pay the employees sponsored through "Linkages" a wage subsidy of $9.00 per hour up toa maximum of 936 hours for a period no longer then 26 weeks. The co-ordinating agency isresponsible to pay the completion bonus to the program participants based on $.50 per hour times thenumber of subsidized hours worked per week times 26 weeks. The Department will pay $____________to the (Name of Organization) in the form of a grant - 90% (on submission of this signed contract andcompleted Participant Information Sheets for all clients covered under the contract) and a 10% holdback.The (Name of Organization) shall ensure that employers have an established operation in the Provinceof Newfoundland and Labrador and have obtained prior to the commencement of the activities all permits,licenses, consents and other authorizations that are deemed necessary to permit the carrying out of theactivities; and the activities shall be executed in compliance with all laws, by-laws and regulations as maybe required.In return for the provision of the sum of money referred to above, it is the responsibility of the (Name ofOrganization) as the co-ordinating agency under "Linkages" to ensure the following conditions arecomplied with:Work Placements Eligible for Funding Under "Linkages"i) The co-ordinating agency cannot be the employer for work placements covered under this contract.ii) The placement(s) may not result in the dismissal, layoff or reduction in regularly scheduled hours orperiod of work of any existing employee of the employer or replace an employee on layoff, awaitingnotice of recall, or absent as a result of a labour stoppage or labour management dispute.iii) Placement(s) must provide full-time employment. For the purposes of "Linkages", full-time is definedas a minimum of 20 hours per week.iv) For all work placements contracted under this Linkages program the co-ordinating agency mustobtain the written consent of the employer to agree to excuse the employee for up to a half workingday every second week in order that the employee may return to the co-ordinating agency forindividual and/or group counselling.v) The management, supervision and control of the employee is the responsibility of the employer.Neither the co-ordinating agency, the employer, nor the employee is at any time to be construed as aservant or agency of the Province.vi) The employer may not receive funds from another Provincial or Federal agency for a placementwhich is funded under "Linkages".vii) For more than one placement with an employer the co-ordinating agency must receive prior approvalof the Department.1

viii) For possible placements involving bargaining unit positions, the concurrence of the appropriateunion/employee association is the responsibility of the employer.ix) The work to be performed must not be in the form of a personal service, nor of the type paid solely bycommission or output.Individuals Eligible for "Linkages"i) Individuals must be legally entitled to work in Canada.ii) The employee must be a youth, age 18 to 30 years, who has completed Level II High School (beenout of school a minimum of six months) and not be a post-secondary graduate. Consideration willalso be given to individuals over age 30 where the agency and the department determine that theperson is a suitable participant for the program. Employees will have demonstrated limited workexperience, not having made a successful attachment to the labour market and are not EI eligible.(Note: Post-secondary graduates are encouraged to avail of the Department’s Graduate EmploymentProgram).iii) Linkages offers clients a moderate rather than an intense level of client support. Therefore, clientintake/assessment should reflect identification of clients who can clearly benefit from twenty-sixweeks of career related employment combined with bi-weekly group career planning workshops priorto entry to academic up-grading, skills training or continued employment.iv) The employer may not be a member of the immediate family of the decision-making body of the coordinatingagency; and the employee may not be a member of the immediate family of the employeror the co-ordinating agency, unless approved by the Province. For the purpose of “Linkages”immediate family means father/mother, (or alternatively step parent or foster parent), sister, brother,spouse, including common law spouse, child, step child, ward of mother/father-in-law, sister/brotherin-law,or other relative permanently residing with a member of the executive of the co-ordinatingagency or the employer.Reimbursement of Wages Paid to the Employeei) It is the responsibility of the co-ordinating agency, through a system of wage claim submissions fromemployers, project monitoring and financial audit to ensure employees are paid a level of wagesubsidy provided under "Linkages".ii) All payments required by law to be made by an employer on behalf of or paid directly to the employeeincluding Workers Compensation, Employment Insurance, Canada Pension, holiday pay and anyliability arising from this employment shall be the sole and absolute responsibility of the employer.Note: where an employee works on a statutory holiday and premium wages are paid, reimbursementto the employer by the co-ordinating agency will be at the normal approved rate only.Generali) The employer shall be solely responsible for and shall hold the Province free from any and all losses,expenses, damages, demands, and claims arising out of or in connection with injuries (includingdeath) or damages to any and all persons whether worker or others and to property in any waysustained or alleged to have been sustained in connection with or by reasons of the performance ofthe activities.ii) The co-ordinating agency shall be solely responsible for and shall hold the Province free from anyand all losses, expenses, damages, demands, and claims arising out of or in connection with injuries(including death) or damage to or loss of property as a result of the attendance of the Employee atthe co-ordinating agency for attendance to the orientation and the half working day workshops everysecond week for individual and/or group counselling.iii) The employer must comply with the provisions of the Canadian Charter of Rights and Freedoms, theNewfoundland Human Rights Code, the Newfoundland Labour Standards Act, the ApprenticeshipCertification Act, and with all other applicable Federal and Provincial Legislation.iv) This Agreement shall be governed by the laws of Newfoundland and Labrador.v) The co-ordinating agency and employee shall receive the full benefit of any financial assistanceavailable and no other person or organization may receive or collect any percentage or portion of anymonies awarded under this contract.vi) The co-ordinating agency agrees to organize and deliver: a minimum of a four day orientation forworkers prior to job placement; thirteen bi-weekly workshops; and client follow-up services. The biweeklyworkshop topics shall focus on workplace adjustment issues, career planning, and clientinitiated action on the career plan.vii) The co-ordinating agency to attend any Linkages training and to participate in regular regional agencynetworking opportunities organized by the Department.2

viii) The co-ordinating agency is responsible to pay the completion bonuses from the grant fundingprovided by the Province to the workers based on the number of subsidized hours worked andcompletion of the program.ix) The co-ordinating agency shall furnish and /or participate in the provision of all necessary backgroundinformation for such reports, evaluations, and/or follow-up studies concerning the progress andparticulars of the workers and the agency in the overall attainment of program objectives as may berequested by the Province.x) The co-ordinating agency undertakes to respect the confidentiality of the information obtained fromindividuals and to use such information solely for the purposes for which it is obtained.xi) The co-ordinating agency may be required, upon completion of the subsidized period or at variousstages in the programs progression, to participate in an evaluation(s) of the program as determinedby the Province.xii) (a) All publicity (Example: press release, radio, TV, newspaper coverage) pertaining to this Linkagesinitiative must receive prior approval from the Department of Advanced Education and Skills.(b) For the purposes of this agreement any print material such as brochures, posters, flyers,manuals, etc., and audio visuals produced to inform associated publics regarding "Linkages"shall clearly identify the program as an initiative of the Department of Advanced Education andSkills.xiii) No member of the House of Commons or Provincial Legislature shall be admitted to any share or partof this agreement or may receive any financial gain as a result of this contract.Accounts and Recordsi) The (Name of Organization) shall provide to the Department of Advanced Education and Skills atproject conclusion an unaudited or audited financial statement of account regarding the expendituresof funds provided, with a complete breakdown of all involved in Linkages. For contracts to or greaterthan $100,000 an audited financial statement is required.ii) The (Name of Organization) shall keep proper accounts and records, including invoices,employment wage claim forms, receipts, vouchers, bank statements and cheques of all financialtransactions relating to this agreement and its records shall be open at all times to inspection and/oraudit by the Province of Newfoundland and Labrador or its authorized representativesiii) As well, the (Name of Organization) shall provide the following documents: Participant InformationForms, Employer / Agency Contracts, Client Continuum, and Participant / Employer Evaluation Formsto the Department of Advanced Education and Skills prior to project conclusion.iv) The Department of Advanced Education and Skills may withhold payment of any amount of its grantof money to the (Name of Organization) where the agency has failed to comply with any covenant orundertaking contained herein or where the Department is not satisfied with the progress of"Linkages".AmendmentsThis agreement shall not be amended except by instrument in writing between the parties.TerminationIf, at any time, the Department of Advanced Education and Skills is of the opinion that the co-ordinatingagency has failed to conduct the "Linkages" in an acceptable manner or has failed to comply with thecovenant or undertaking herein, the Department may terminate the agreement by giving written noticethereof to the co-ordinating agency. Written notice of termination shall relieve the Department ofAdvanced Education of Skills from further responsibility re costs associated with the project effectiveimmediately._____________________________Name of Organization_____________________________Witness_______________Date_____________________________Department of Advanced Educationand Skills_____________________________Witness_______________DateCEYS 4420123