Other Sponsored Agreements

FIU Non-Funded Agreement Process

1. Initiation of Request

All non-funded research related agreement requests must be initiated by submitting the ORED Agreement Request Form along with the proposed agreement and any supporting documentation to ORED for review and processing. FIU also has pre-approved templates that we recommend using whenever possible.

Follow the link to some of the most common types of agreements with definitions:

Collaboration Agreement

Collaboration Agreement: regulate the relationship of collaborators working on a project together. These agreements help to define the relationship between the collaborators and their respective responsibilities. Research work being conducted but no exchange of funds. Each entity will bear their own costs.

Data Sharing/Data Use Agreement

Data Sharing/Data Use Agreement: are formal contracts that detail what data are being shared and the appropriate use for the data. No exchange of funds.

DUA for De-identified Data

DUA for De-identified Data : This means that FIU will be receiving or providing data where any or all personal health information (PHI) has been removed and there are no identifiable PHI characteristics in the data. For this type of DUA, there should be no PHI or HIPAA terms included as there is no PHI being exchanged. Myself or Diana should review these agreements to confirm the data sharing terms are appropriate (In the DUA, it should state that the data is de-identified and that if the data is coded, the recipient will not be provided or have access to the code. For reference, the appropriate terms to be used can be seen in the attached document from the FDP.)

DUA for Limited Data Set

DUA for Limited Data Set: This means that FIU will be receiving or providing data where some PHI has been removed and there is no private information identifiers, but there may still be some non-private PHI information included. For this reason, and per Chris’s email below, IRB protocol is not required for limited data set exchanges, however, all DUAs for limited data sets need to be reviewed by myself or Diana to confirm the PHI/HIPAA language that is included is appropriate. Additionally, all DUAs for limited data sets need to be provided to Danny to confirm that all IT security compliances are in place for the exchange and Danny will need to put in a security/IT control plan in place with the PI/Dept to abide by for the exchange.

DUA for Personal Health Information (PHI)

DUA for Personal Health Information (PHI) : This means FIU will be receiving or providing data where PHI is included. This will always require Chris’s review and an approved IRB protocol which the PI will need to follow for the exchange. The terms of the DUA should still be reviewed by myself or Diana and by Chris to confirm that they conform to the approved IRB protocol. Danny will also need to be provided the agreement to review and confirm with the PI, their ITA and the DoIT to ensure compliance.

Equipment Loan Agreement

Equipment Loan Agreement: a document that delineates all of the details of your equipment loan. Once you sign your equipment loan agreement, you are legally obligated to adhere to all the details that the lender included in the body of the document. Funds used to pay for the transfer or a loan fee

Intellectually Property Agreement

Intellectually Property Agreement: legal contracts between two parties that outline who owns what of an original work or form of intellectual property. No exchange of funds.

Material Transfer Agreement

Material Transfer Agreement: a contract that governs the transfer of tangible research materials between two organizations when the recipient. Funds used to pay for the material or shipping of material.

Memorandum of Understanding

Memorandum of Understanding: purpose is to establish a nurturing relationship between the parties and to set forth the basis for mutual understanding and cooperation to pursue the activities as deemed appropriate between the parties as set forth herein. No research nor exchange of funds to occur.

Non-Disclosure Agreement

Non-Disclosure Agreement: a contract by which one or more parties agree not to disclose confidential information that they have shared with each other as a necessary part of doing collaborating together. . No research nor exchange of funds to occur.

2. Review of Funding or Payment Requirements

If the agreement requires FIU to issue payment to an external party, the department must provide and the Chair or Unit Director must sign the request form:

A Sponsored Activity Number, if related to the project or
A Non-Sponsored Activity Number

3. Compliance Review

Prior to execution and/or commencement of activities under the agreement, all applicable compliance approvals must be in place.

Depending on the scope of work, this may include:

EH&S (Environmental Health & Safety)
IRB (Institutional Review Board)
IBC (Institutional Biosafety Committee)
IACUC (Institutional Animal Care and Use Committee)
Biosafety Lab approvals
Export Control Compliance
Data Security review/approval

Departments and Principal Investigators are responsible for ensuring all required compliance approvals are obtained and maintained.

4. ORED Review and Negotiation

ORED will review the agreement terms, coordinate negotiations as needed and obtain any required institutional approvals.

Please note that Principal Investigators and departments are not authorized to sign agreements on behalf of FIU.

5. Execution of Agreement

Once all required reviews, negotiations, and compliance approvals are completed, the agreement will be routed for institutional signature and fully executed by an authorized FIU signatory.

Activities under the agreement should not begin until the agreement is fully executed and all required compliance approvals are in place.

Need Assistance?

FIU’s Office of Research and Economic Development (ORED) Award Services is solely responsible for negotiating, signing, and corresponding on all administrative matters with the entity.

Questions? Please contact ORED Award Services Team at oredagremnts@fiu.edu or 305-348-2494.

FIU Non-Funded Agreement Process

1. Initiation of Request

2. Review of Funding or Payment Requirements

3. Compliance Review

4. ORED Review and Negotiation

5. Execution of Agreement

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