An Introduction to Contracts and the Interaction of the Contracts Team with Research Administration Sam Bibby & Lisa Murphy

The Contracts Team Introduction Team Structure Remit of the Contracts Team Why are contracts necessary? What constitutes an agreement/contract? The core contract terms University contractual process Research Administrators’ role in the contractual process Question and Answer session. The Contracts Team is headed up by Lisa Murphy. Each Faculty has a dedicated point of contract, so that no matter what type of agreement you need you can come through to the one person in the first instance. I am your contact for Environment and Development. Another team member you may be helped by is Seamus Byers who progresses confidentiality agreements and amendments. We work closely with your School’s Research Business Managers, Marta Fole and Jill Lee Borrett.

SEE HANDOUT 1 FOR CURRENT MEMBERS OF THE CONTRACTS TEAM Head of Contracts Faculty of EPS Contracts Officer Contracts Assistant Life Sciences Humanities Contracts Officer MHS SEE HANDOUT 1 FOR CURRENT MEMBERS OF THE CONTRACTS TEAM

What Agreements do the Contracts Team Negotiate? Research Collaboration Subcontract Clinical Trial Studentship / CASE Studentship / EngD Confidential Disclosure Agreement (CDA/NDA) Material Transfer Agreement (MTA) Consultancy Agreement Service Agreements IT and Software Agreements KTA and KTP PLEASE SEE HANDOUT 2 FOR CONTRACTS TEAM / UMIP WORK SPLIT

What we DON’T do UMIP’s remit (see handout 2 for further information) Procurement Contracts Grants Financial information / new vendor forms Setting up new sponsors on Oracle Academic’s personal agreements EU funding agreements Set up account codes for contracts Office of the General Counsel’s remit Estates contracts HR Contracts and general employment queries General non-contractual legal queries

The 3 main reasons for putting a contract in place 1. It defines the rights, obligations and performance required from each party to the contract. 2. It defines the share of technical, commercial and economic risks between the parties. 3. It prescribes the procedure for dealing with problems arising from the contract. WHAT GOVERNS THE RELATIONSHIP IF THERE IS NOT A WRITTEN CONTRACT?

“A legally enforceable agreement” WHAT IS A CONTRACT? “A legally enforceable agreement” There must be: An offer An acceptance A consideration or contribution of value An intention to create a legal relations

Main contractual terms and conditions Details about the work to be performed Financial arrangements Publications Intellectual Property Rights Confidentiality Liabilities Termination Governing law

UNIVERSITY OF MANCHESTER CONTRACTUAL PROCESS Pre-contract aspects that are conducted at School level. Drafting of University contracts based on template or bespoke; or Review of sponsor’s terms and conditions Negotiation Signature Indexing Setting up account on Oracle at School level SEE HANDOUT 1 FOR RESEARCH CONTRACT FLOWCHART

Complete checklist for administrators (see handout 3) YOUR (THE ADMINISTRATOR’S) ROLE IN THE PROCESS AND HOW YOU CAN ASSIST Details of any pre-contract discussions i.e. what has been discussed and agreed by academics in negotiation of project (IP, finance etc…) Complete checklist for administrators (see handout 3) Inform academics of the Contract’s Team remit

Q&A

Further Information Contact your School’s Contracts Officer for any queries you may have in relation to this presentation If in doubt always call and we’ll assist you appropriately Poster created by Matt Valentine is enclosed in your session pack If you haven’t printed your pack it is available at: http://www.campus.manchester.ac.uk/researchoffice/intranet/ressuppconf/