HB97 Transparency Reporting Requirements
Purpose of HB97 Transparency Reporting
University of Idaho Contracts and Purchasing Services (CPS) is committed to transparency in all agreements involving external parties. To comply with Idaho Code § 67-1085, known as HB97, CPS reports all relevant agreements in our custody, including Memoranda of Understanding (MOUs) and Memoranda of Agreement (MOAs), to the Idaho State Controller's Office (SCO). This reporting ensures transparency for Idaho citizens by providing public access to information about university agreements, supporting accountability and fostering trust in our community partnerships and operations.
Responsibilities
- Contracts Purchasing Services is responsible for submitting all reports to the SCO.
- Contract Managers in JAGGAER will see additional prompts to ensure agreements meet reporting requirements and assist with gathering all required information.
What Types of Agreements Must Be Reported?
- Included Agreements
- Legally binding contracts, MOUs and MOAs with external parties, detailing shared terms, responsibilities or commitments.
- Agreements for services, research, data sharing and professional collaborations.
- Master agreements and related sub-agreements.
- Exemptions
- Employment-related agreements specific to university employees.
- Agreements regarding student housing and financial aid.
- Routine financial documents like purchase orders and invoices.
Reporting Process and Requirements
For each reported agreement, the following information is required:
- Document Title: Should clearly describe the agreement’s nature and purpose (e.g., “Research Collaboration Agreement with XYZ Corporation on Renewable Energy”).
- Execution Date and End Date: Date the agreement was signed and, if applicable, its expiration.
- Involved Parties: List of organizations or entities part of the agreement.
- University Contact: A designated university contact person (email and phone number) for inquiries — this will be listed as the director of CPS.
- Purpose and Summary: Brief overview of the agreement’s objective (e.g., “This agreement establishes collaboration between U of I and DEF Corporation to develop sustainable agricultural technologies focusing on crop resilience”).
All agreements must be entered in the SCO Agreements Portal within 10 days of execution. Please promptly return executed contracts to CPS to aid in this reporting requirement.
Annual Review and Certification
To ensure accuracy, the university annually reviews all agreements, updating any expired or new ones. Certification of the submitted reports is due to the SCO by Jan. 1 each year.
Frequently Asked Questions
The title should provide a clear, specific description of the agreement's purpose. Avoid vague or generic titles (e.g., "MOU #12345"). Effective titles include descriptors like "Research Collaboration on Sustainable Agriculture."
Examples:
- Effective Title: "Research Collaboration Agreement between U of I and XYZ Corporation on Renewable Energy"
- Effective Title: "Data Sharing Agreement for Student Success Metrics with ABC University"
- Ineffective Title: "Document #12345"
- Ineffective Title: "General Agreement"
The summary should succinctly describe the agreement’s main goals and objectives, such as "This MOU outlines data sharing for student success metrics."
Examples:
- Effective Summary: "This agreement establishes a collaboration between U of I and DEF Corporation to develop sustainable agricultural technologies. Both parties will contribute resources to a shared research project focused on crop resilience in arid climates."
- Effective Summary: "This MOU outlines a data-sharing arrangement between University of Idaho and ABC University to track and analyze student retention patterns."
- Ineffective Summary: "This MOU is for collaboration."
- Ineffective Summary: "Agreement for services provided by DEF Corporation."
Reportable types include Service Agreements, Data Sharing Agreements, Collaborative Research Agreements, Licensing and Professional Services. Select the category that best aligns with the primary intent of the agreement.
Examples of Agreement Types:
- Data Sharing Agreement: For agreements involving the exchange of information or data, often with confidentiality terms.
- Professional Services Agreement: For hiring external experts or professionals for specific services.
- Collaborative Research Agreement: For partnerships where two or more parties collaborate on research initiatives.
- Licensing Agreement: For arrangements involving intellectual property rights or software licenses.
- Master Agreement: Outlines general terms for multiple, ongoing projects with a single party, often with subsequent sub-agreements.
The subject area should reflect the main focus or topic of the agreement. Choose the subject that best describes the purpose of the agreement, such as “Education and Research” or “Public Health and Safety.”
Examples of Subject Area Selection:
- Education and Research: For agreements involving academic partnerships, curriculum development, research projects or scholarship programs.
- Public Health and Safety: For agreements related to healthcare services, disease prevention, safety awareness or public health research.
- Environmental Conservation: For agreements focusing on climate change, natural resource management, wildlife protection or pollution control.
- Economic Development: For projects supporting business incubation, trade promotion, workforce development or small business support.
U of I is subject to the Idaho Public Records Act, Idaho Code title 74, chapter 1, records may be open to public inspection and copying unless exempt from disclosure. Sensitive details may be redacted to protect confidentiality, but the agreement must still be reported with enough detail to satisfy transparency guidelines. Please work with Contracts and Purchasing Services if you feel your contract has confidential information.
CPS will finalize and submit reports, but contract managers in JAGGAER will provide essential information for each agreement.
For questions or assistance with reporting requirements, please contact Contracts and Purchasing Services.
For further details, please visit the Idaho State Controller's Office and Transparent Idaho for more information on transparency initiatives in Idaho.