View source for Help:Contract administration

We have several types of agreement used to transfer funds to individuals and partner organizations

== Subrecipient Contract ==
This is used where we are sending funds to an institution where there is a Co-Investigator named on the grant. Look for the Subrecipient Contract Questionnaire on the UM Intranet (see https://umanitoba.sharepoint.com/sites/um-intranet-research-services/SitePages/forms.aspx). Complete the form and send to ORS. The project number is 48887 and the fund number is 320821. 

Note that we have used non-standard terms in the agreements related to Intellectual Property, authorship, and data sharing (see the DFM [[Research Agreement guideline]] and below). 

== Letter of Transfer Agreement ==
See the Intranet for the "Request for Letter of Transfer of Tri-Agency Funds" form. This also goes to ORS. It is used when transferring funds to support students, with transfers sent out according to a predetermined schedule, or for research if the Co-Investigator has broad discretion over the use of the funds. Use the space at the bottom of the form to indicate what agreed purposes the funds can be used for -- e.g., student stipends, student travel expenses, Co-Investigator research expenses, etc.

== Honorarium ==
Amounts less than $5000 can be sent to NON-RESIDENTS of Canada if the funded activities do not constitute employment. We have used this mechanism to provide honorariums covering minor expenses, e.g., to Alexia Pigeault. See https://umanitoba.ca/admin/financial_services/secure/non-canadian_payments.php. 

Note that travel-related expenses should instead be reimbursed through the Student and Guest Travel Claim Form.

== Service Agreement - Individual ==
See the instructions at https://umanitoba.ca/admin/financial_services/media/Purchasing_Procedures_SA_for_Individuals.pdf. 

For contracts over $25,000, we would create an agreement through ORS and create a procurement request in EPIC. For contracts of $5,000 to $25,000 we would send the request to Purchasing Services and they will provide a Purchase Order number. 

Generally speaking, it is necessary to:

# Complete the Request for a Service Agreement form 
# Complete and the Description of Services form -- this should give specific deliverables with measurable achievement indicators and a clear timeline
# Obtain approval from Human Resources that the services are deemed non-employment -- send an email indicating that the researcher is overseas
# Email the documents and HR approval to Purchasing Services
# Once approved, send the Purchase Order to the partner organization along with a link to [[Help:Invoice submission instructions]]. The Purchase Order will be sent by email.

== Service Agreement - Partner organization ==
See the instructions at https://umanitoba.ca/admin/financial_services/media/Purchasing_Procedures_SA_for_Businesses.pdf. Note that any organization follows the same instructions as for "businesses", regardless of whether it is a for-profit organization or not.

Overseas institutions that are NOT universities will need to use this workflow. Contracts can be up to $25,000 without a bidding process.

# Complete Description of Services form 
# Obtain approval from Human Resources that the services are deemed non-employment
# Open a contract (procurement) request in EPIC
# Remind Derek to approve the request
# Once approved by Purchasing Services, send the Purchase Order to the partner organization along with a link to [[Help:Invoice submission instructions]]. The Purchase Order will be available in EPIC. 

Access to the EPIC procurement system requires a short training and authorization. Corrine Bakun can help with procurement if necessary.

== Service Agreements: Description of services ==
The University of Manitoba has a standard template for consulting agreements, that can be shared with suppliers: https://umanitoba.ca/admin/financial_services/media/Sample_Services_Agreement.pdf.

When creating a new agreement, ask the supplier to provide

  1.  Your full contact details (name, address, phone number and email)

  2.  A one-paragraph description of the research objective

  3.  A brief statement of why you (the contractor) are the best choice of supplier for this work

  4.  A terms of reference. This will take the form of a chronological list of tasks to be completed. Each task is associated with a deliverable having measurable criteria that will allow us to assess whether it is complete and acceptable.

Service agreements do not include cost breakdowns; the budget submitted may be considered as part of a bid or proposal, but it does not go into the agreement itself, which instead lists an overall sum (including profit and/or institutional overhead as applicable). We can pay in more than one installment if needed – ideally no more than two, as international wire transfers are expensive – but each installment will essentially be paid against an invoice that lists services or deliverables completed.  

== Subrecipient Agreements: Non-standard contract language ==
The non-standard terms were agreed at the inception meetings in 2018, and are listed on the page [[Research Agreement guideline]]. Practically speaking, the most significant non-standard terms relate to intellectual property.

=== Article 7 - Results and ownership ===
7.1       All data produced through this Project will be owned by the UM in accordance with the SSHRC guidelines.

7.2       In compliance with the SSHRC Research Data Archiving Policy, all research data will be preserved and made available for use by the general public within two years of the completion of the research Project for which the data was collected.

7.3       However, subject to subsection 7.4 CESS shall have the right to publish results related to their sub-portion of the Project deliverables, following consultation with UM and to use such results for internal, non-commercial research and academic purposes.

7.4       The UM shall have the first right to publish and/or disclose publicly, the deliverables and information and/or data and results arising from the overall Project. However, Contributors to research publications will be acknowledged according to the ICMJE Recommendations (http://www.icmje.org/recommendations/browse/roles-and-responsibilities/defining-the-role-of-authors-and-contributors.html).