Contracts for the University to receive products (software, supplies, equipment, etc.) or services (consulting services, marketing services, catering, maintenance and repair services, storage services, etc). For questions about which types of contracts require a Purchase Order for purchases, see: University of Miami Payment Matrix. Purchasing (Academic/Research) or UHealth Supply Chain Services: Contracts for the University to provide services to another party in exchange for payment (excluding services involving healthcare delivery and services involving revenue from state funds and, in some cases, federal funds). In these contracts, the University does not have any right of publication and may not retain IP ownership of the deliverables. Contract Administration (Business Services): Outbound services agreements except: See SERVICES AGREEMENTS (OUTBOUND) – CLINICAL SERVICES for information on contracts involving clinical healthcare services. To submit a contract request , submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Contract between UM and another company (in some cases another healthcare facility) outlining the relationship pursuant to which UM provides healthcare/clinical services to another party (for example, lab testing services or physician on-call services). Office of the General Counsel: All agreements that involve UM providing clinical/healthcare services, except for clinical laboratory testing services. Contract Administration (Business Services): Agreements that involve UM providing clinical laboratory testing services. Contracts required under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) between a Covered Entity and a Business Associate to protect the Protected Health Information (PHI), as those terms are defined in HIPAA, of either UM patients (ex. where an external party will be exposed to UM’s patient data) or another healthcare providers patients (ex. where UM will be exposed to their patient’s data in providing services to the other entity). A contract (which may be an addendum to another contract (such as a purchase agreement or an outbound services agreement)) that UM is required to enter into pursuant to the European Union’s General Data Protection Regulation (“GDPR”). A DPA is generally required whenever: *Personal Data = any information relating to a person who can be identified, either directly or indirectly, by reference to an identifier such as a name, identification number, location data, an online identifier or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Note that Personal Data includes deidentified data, where a person is referred to only by an identification number. When in doubt, please reach out to Contract Administration for a further analysis on whether a DPA is required by GDPR. Contract for UM to receive a loan of equipment at no cost. The contract may include a requirement for UM to purchase consumables related to the equipment at its own expense. Purchasing (Academic/Research) or UHealth Supply Chain Services: Contract where a supplier allows UM to borrow products and/or equipment, free of cost, for a short period of time in order to evaluate whether UM wishes to purchase the products and/or equipment. Purchasing (Academic/Research) or UHealth Supply Chain Services: Contract between UM and another school that establishes a training program, either (a) for UM students to receive educational and/or clinical experiences at another school or healthcare facility, or (b) for students of another school to receive educational and/or clinical experiences at UHealth facilities. Contract Administration (Business Services): Contract that grants another party the right to access to a University facility for a specific purposes or which allows the University access the other party’s facility for a specific purpose. Contract Administration (Business Services): FUAs that cover access by another party to a University facility. Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Purchasing (Academic/Research) or UHealth Supply Chain Services: FUAs that permit UM to use another party’s premises for a short period of time in exchange for a fee. This type of agreement is classified as a Purchase Agreement (see description above) and myst be initiated in Workday by submitting a Purchase Requisition. Contract to bring a music, theater, comedy or other type of performance to UM. Contract Administration (Business Services): Performance agreements that will not be paid via a Purchase Order. Purchasing (Academic/Research) or UHealth Supply Chain Services: Performance agreements that will be paid via a Purchase Order are classified as a Purchase Agreement (see description above) and must be initiated in Workday by submitting a Purchase Requisition. Contract between UM and an equipment manufacturer or bank to lease equipment for a set term. Treasury Operations: Submit your request to Treasury Operations at leasing@miami.edu. Click here for further information on the equipment leasing process. Contract Administration (Business Services): CDAs/NDAs between UM and clients for potential clients of UM that allows the parties to explore a relationship where UM would provide services to another party. Purchasing (Academic/Research) or UHealth Supply Chain Services: CDAs/NDAs between UM and a current or potential supplier of services or products that allows the parties to confidentially discuss UM's purchase or potential purchase of new or additional services or products. Office of Research Administration: CDAs/NDAs relating to research that UM is conducting/participating in or might conduct/participate in (i) where another party is disclosing its confidential information to UM (inbound disclosure) and mutual disclosures, or (ii) relating to a posible clinical trial. However, CDAs/NDAs related to UM investigator-initiated trials, where both parties will be disclosing confidential information or where only UM will be disclosing confidential information (outbound disclosure), are handled by the Office of Technology Transfer (see below). Submit your request to ORA via Ibis Research. Office of Technology Transfer: CDAs/NDAs covering information disclosed by UM to a third party (outbound) related to research, as well as outbound or mutual CDAs/NDA for UM Investigator-Initiated Trials, or to UM’s intellectual property or innovations or the other party’s intellectual property or innovations. Submit your request to OTT via Wellspring. Office of the General Counsel: CDAs/NDAs related to employment at UM, legal settlements and/or mergers and acquisitions. Submit your request to General Counsel via Conga Contracts using the “General Counsel Request Form.” Contract Administration (Business Services): MOUs not related to research. Submit your request via Conga Contracts using the "Contract Administration (Business Services) Request Form." Office of Research Administration: MOUs relating to potential future research projects. Submit your request to ORA via IBIS Research. Contract Administration (Business Services): Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Contract Administration (Business Services): Sponsorships associated with a UM event Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Development and Alumni Relations: Sponsorships relating to fundraising efforts should be submitted to Development and Alumni Relations. Purchasing (Academic/Research) or UHealth Supply Chain Services: This type of agreement is classified as a Purchase Agreement (see description above) and must be initiated in Workday by submitting a Purchase Requisition. Study Abroad Office: Click here for more information or submit your request by email at studyabroad@miami.edu. Study Abroad Office: Click here for more information or submit your request by email at studyabroad@miami.edu. Contract Administration (Business Services): Collaborations between UM and other parties on business ventures and academic programs. Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Office of Research Administration: Collaborations between UM and other parties related to research or future research projects. Submit your request to ORA via IBIS Research. Office of Technology Transfer: MTAs where UM is providing material to another party (outbound MTA). Submit your request to OTT via Wellspring. Office of Research Administration: MTAs where UM is receiving material from another party (inbound MTA). Submit your request to ORA via IBIS Research. Office of Research Administration: Submit your request to ORA via IBIS Research. Office of Research Administration: Where UM will participate in and share UM data with a data registry, but will not receive payments or pay for participation, submit your request to ORA via IBIS Research. Contract Administration (Business Services): Where UM will receive payment in exchange for participating in and sharing UM data with a data registry, submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Purchasing (Academic/Research) or UHealth Supply Chain Services: Where UM is required to pay the other party a fee for access to a data registry or data consortium, the contract request must be initiated in Workday by submitting a Purchase Requisition and will be routed in Workday to the correct procurement team. A contract that grants rights to one party in something that another party owns. For example, a license to use a logo or trademark, a license to use certain technology or other intellectual property, know-how, data, etc. If you are seeking information on how to request an inbound software license agreement (UM purchasing a license), refer to PURCHASE AGREEMENT. Contract Administration (Business Services): Licensing agreements that grant another party the right to use UM’s name, logo or trademarks for a specific purpose. Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.” Office of Technology Transfer: Licensing agreements that grant another party the right to use intellectual property (including software, products, inventions, know-how, data etc.) that has been conceived or developed at the University, usually in exchange for a fee and/or royalties. Submit your request to OTT at techtransfer@med.miami.edu. Contract where one party sells or transfers its rights and ownership in a technology or other intellectual property to another party. (Note: A consent to assignment is a different type of document and should be handled by the contracting unit who initially handled the contract being assigned). Purchasing (Academic/Research) or UHealth Supply Chain Services: Submit your request to via Conga Contracts using the “Purchasing (Academy/MSOM) & Supply Chain Services (UHealth) Request Form (LIMITED USE)”.
CONTRACT TYPE
(Regardless of Title)DESCRIPTION
RESPONSIBLE CONTRACTING UNIT & HOW TO SUBMIT A REQUEST
Purchase Agreement (Supply Of Products Or Services)
Services Agreement (University Providing NON-CLINICAL Services)
Services Agreement (University Providing CLINICAL Services)
Business Associate Agreement (BAA)
UHealth Supply Chain Services: Submit your request for a BAA via Conga Contracts using the “Business Associate Agreement/Data Processing Addendum Request Form.”
Data Processing Agreement/Addendum (DPA)
Contract Administration (Business Services): Submit your request for a DPA via Conga Contracts using the “Business Associate Agreement/Data Processing Addendum Request Form.”
Loan of Equipment
Evaluation Agreement
Affiliation Agreement - Student Educational Program
Facility Use Agreement (FUA)
Performance Agreement
Equipment Lease Agreement
Confidentiality Agreement (CDA/NDA)
Contract between UM and another party that allows the parties to exchange confidential information in support of specific purposes (for example, discussing a proposed business transaction) and establishes limits on disclosure and use of the disclosing party's confidential information by the recipient.
Memorandum of Understanding
A non-binding contract that outlines the framework for the parties to engage in discussions about future collaborations or projects. It does not require the parties to actually consummate any transactions between them in the future.
Photography/Filming Agreement
Contract stipulating the terms for another company or third party to conduct filming or photography on University premises.
Sponsorship Agreement (Sponsorship By A Third Party)
Contracts outlining the terms pursuant to which a third party agrees to sponsor a UM event (UM is paid).
Sponsorship Agreement (Sponsorship Of A Third Party)
Contracts outlining the terms pursuant to which UM agrees to sponsor a third party event (UM pays).
Student Exchange Agreement
Contracts with international universities relating to exchange programs for students.
Student Abroad Agreement
Contracts for another university or a company to provide study abroad program services to UM.
Collaboration Agreement
A contract between UM and another party defining the terms for which the parties will collaborate on a specific endeavor. A collaboration agreement sets forth binding obligations of the parties.
Material Transfer Agreement (MTA)
Contracts outlining the terms for the exchange of materials between UM and another party, where the recipient will use the materials for its own research purposes. MTAs protect the rights of both the receiver and the provider of the materials. MTAs do not involve payment of funds. An agreement titled as an “MTA” that involves payment of funds is a PURCHASE AGREEMENT.
Sponsored Research Agreement
A contract where another party provides funds to UM for the purpose of conducting a sponsored project at UM. This type of contract is often awarded to UM as a result of a proposal or application being submitted to a sponsor. The proposal and application are also submitted through the Office of Research Administration.
Clinical Trial Agreement
A contract between UM and another party outlining the terms for UM to conduct a clinical trial to study investigational drugs or devices. The other party is usually either a sponsor providing the drug or device, financial support and/or proprietary information and is contracting with UM to provide data and/or results (excluding agreements for lab testing services).
Office of Research Administration: Submit your request to ORA via IBIS Research.
Master Research Agreement
A Master Research Agreement is an umbrella agreement where the parties agree on terms and conditions that govern future research projects.
Office of Research Administration: Submit your request to ORA via IBIS Research.
Data Use/Data Transfer Agreement (DUA/DTA)
A DUA or DTA governs the transfer or use of specific data between UM and another organization but does not involve the transfer of funds.
OVPRS, Office of University and Research Privacy: Submit your request via IBIS Research.
Data Registry Participation Agreement
A contract (regardless of how titled) whereby UM shares data (often, but not necessarily, de-identified patient data) with a registry or consortium that stores data for use in specific situations (such as for inclusion in research).
Licensing Agreement
Observership Agreement
Contracts that allow third parties to observe clinical healthcare delivered at UHealth.
Contract Administration (Business Services): Licensing agreements that grant another party the right to use UM’s name, logo or trademarks for a specific purpose. Submit your request via Conga Contracts using the “Contract Administration (Business Services) Request Form.”
Employment Agreement
Contract for employment at the University (including employee leasing, outsourcing, and temporary employees).
Faculty Affairs/Human Resources: Please contact these two offices.
Legal Services Retainer Agreement
Contract for the engagement of outside legal services.
Office of the General Counsel: Submit your request to General Counsel via Conga Contracts using the "General Counsel Request Form."
Settlements/Releases
An agreement between UM and another party that outlines the terms for resolution of a dispute.
Office of the General Counsel: Submit your request to General Counsel via Conga Contracts using the "General Counsel Request Form."
Volunteer Agreement
Contract outlining the expectations of UM and volunteers at UM.
Faculty Affairs/Human Resources: Please contact these two offices.
Assignment Agreement
Office of Technology Transfer: Submit your request to OTT at techtransfer@med.miami.edu.
Inter-Institutional Agreement (Intellectual Property)
Contract between two or more parties (educational institutions or for-profit organizations) that relates to the sharing of patent expenses, licensing revenue and other terms regarding licensing of Intellectual Property.
Office of Technology Transfer: Submit your request to OTT at techtransfer@med.miami.edu.
Hotel Pricing Agreement
Contract between UM and a hotel for discounted rates for UM faculty, staff, students or conference attendees with no financial commitment by UM. Note: this does not include room block contracts or contracts for services or meeting room rentals where UM is paying the hotel (in this situation, see PURCHASE AGREEMENT).
Travel Management: These contracts are handled by the Travel Management team. The Travel Management team will submit the appropriate contract request.
Real Estate Lease or Purchase Agreement
Contracts between the University and a third party for lease or purchase of real estate.
Real Estate Office: Click here for more information.
Letter of Intent (LOI)
Letter or memorandum outlining UM and another party’s intent to enter into a specific contract. LOIs are generally disfavored.
FOLLOW ROUTING PROCEDURES FOR THE ULTIMATE CONTRACT. For example, if the LOI is intended to be a precursor to a Collaboration Agreement, follow the routing procedure set forth in this document for a Collaboration Agreement.
Joint Venture Agreement
Contract establishing the terms pursuant to which UM will establish a commercial enterprise jointly with another party and each party will retain its distinct identity.
Office of the General Counsel: Submit your request to General Counsel via Conga Contracts using the "General Counsel Request Form."
Patient Transfer Agreement
Contract relating to patient transfer between health care facilities.
Office of the General Counsel: Submit your request to General Counsel via Conga Contracts using the "General Counsel Request Form."
Reliance (IRB Authorization Agreement)
Contracts between reviewing IRBs and relying institutions for IRB review and oversight of human subject research.
Human Subject Research Office: Click here for more information.
Gift/Donation Agreement
Contract between UM and a donor wishing to provide a philanthropic gift or donation to UM.
Development and Alumni Relations: Click here for more information.
Consignment Agreement
Contract for UM to have products (usually disposable) available at its facilities on a consignment basis.