2 minute read
Research Contracts and Agreements
Under The University of Winnipeg’s “Contract Administration Policy,” there are two types of contracts:
Personal contracts or private consultancies: For research and other services negotiated between an individual and an external individual, agency or organization, which are not administered by the UWinnipeg and are not approved by the Research Office. These contracts cannot use University resources and are not eligible for career progress. Researchers should review their Collective Agreement and speak with the Dean if they are seeking a personal contract or private consultancy.
Research contracts or University contracts: Which are administered by the University and are recognized for career progress. Any activities outside the normal teaching load and normal research which involve the use of the University name, University facilities (equipment, space, services), Universitysupported time, University-supported personnel, or the University accounting system and which meet the definition of “contract” as outlined in the institutional policy are considered contract activities. As such, they must be approved by the Office of the Vice-President (Academic) and are subject to indirect cost charges.
The Research Contracts and Agreements Review & Development (Drafting) Process:
1. Researchers must submit a request through a Research Starts Here (RSH) form, which helps track the contract drafting/reviewing process from request to approval.
2. The Legal and Administrative Assistant in the Research Office starts the process on their end, and the Legal Counsel – Research advises the researcher(s) and UW regarding the red flags of the agreement/contract.
3. The final decision/signing authority rests in the hands of the Vice-President, Research and Innovation and the Associate Vice-President, Research and Innovation.
This process usually takes 6 to 8 weeks and requires great attention to detail.
Contract Review vs. Contract Drafting
There are two main ways researchers engage with contracts and agreements when it is determined that they are a research or University contract:
Seeking support for contract/agreement review
These involve contracts that are initiated by a Third Party, who is often providing funding or requiring a researcher to prepare a number of research deliverables.
Asking the RO to help draft a new contract/agreement
These often involve contracts where researchers are looking to contract out work funded by a grant they currently hold, or are prepared as requirements related to intellectual property or agreements where there is no third party institution involved.
Note: Every contract/agreement is unique and requires Legal Counsel – Research to review it from a legally exclusive/unshared lens. No set rule can be followed when drafting/reviewing different contracts/agreements, as they are often case specific.
Below is a non-exhaustive list of the different types of contracts and agreements the Research Office supports:
Contracts/Agreements initiated/ prepared by the Third Party
Collaboration Agreement
Contribution Agreement
Contracts/Agreements drafted by the Research Office
Amendment
Contracts/Agreements initiated by Research Accounting
Institutional Transfer Agreement (when funds originate at UWinnipeg)
Copyright Licence Invoicing Agreement
Data Sharing Agreement Delegation of Authority Agreement
Engagement Offer
Funding Agreement
Loan Agreement
Material Transfer Agreement
Service Agreement
Standing Offer
Subcontractor Agreement
Institutional Transfer Agreement (when funds originate at another institution)
Independent Contractor Agreement
Intellectual Property Agreement
Memorandum of Understanding
Mutual Non-Disclosure Agreement
Visiting Researcher Agreement
To learn more about research contracts and agreements, visit the UWinnipeg website: uwinnipeg.ca/research/contracts.html