Common use of FERPA Compliance Clause in Contracts

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute “Education Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records” (as defined by FERPA) (collectively “FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum”), attached as EXHIBIT ___, FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § 99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the FERPA Confidentiality and Security Addendum conflicts with any term contained in this Agreement, the terms of the FERPA Confidentiality and Security Addendum will control. [Note: Delete all bracketed ([ ]) and highlighted text before sending this Agreement to Contractor.] University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. UNIVERSITY: CONTRACTOR: THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ [Option (Include if Contractor is a corporation.): Attest: ________________________ Corporate Secretary] Attach: EXHIBIT A – Scope of Work EXHIBIT B – Schedule EXHIBIT C – Payment for Services [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D – HIPAA Business Associate Agreement] [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work covered by this Agreement.): EXHIBIT E – HUB Subcontracting Plan] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ – Affirmative Action Compliance Program] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Electronic and Information Resources Environment Specifications] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Security Characteristics and Functionality of Contractor’s Information Resources] [Option: (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ___ – FERPA Confidentiality and Security Addendum] EXHIBIT A SCOPE OF WORK [Note: Provide a detailed description and break-down of all tasks Contractor is to perform and technical standards for the tasks, if appropriate.] EXHIBIT B SCHEDULE [Note: Describe specific time deadlines and due dates for each phase of the Work and, if appropriate, for the Work as a whole.] EXHIBIT C PAYMENT FOR SERVICES SERVICE FEES: [Note: Specify payment model. If the fee is not a stipulated lump sum, include a “not to exceed” fee cap amount.] Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor will not exceed $_______________ (“Fee Cap”) without the prior written approval of University. In addition, total fees for each Phase of the Work will not exceed the following specified amounts without the prior written approval of University: _________________ _________________ If University submits, in advance, a written request for additional services not contemplated or reasonably inferred by this Agreement, Contractor will be paid for actual hours incurred by Contractor’s personnel directly and solely in support of the additional services at the Rates set forth above. [Note:

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for or on behalf of University constitute “Education Records” Records (as defined by FERPA), or “Personally Identifiable Information from Education Records” Records (as defined by FERPA) (collectively “collectively, FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum”), attached as . EXHIBIT ____ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § §99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum Addendum, conflicts with any term contained in this Agreement, the terms of the EXHIBIT ___ [Note: Insert Exhibit number/letter.], FERPA Confidentiality and Security Addendum Addendum, will control. [Note: Delete all bracketed ([ ]) and highlighted text before sending this Agreement to Contractor.] University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. UNIVERSITY: CONTRACTOR: THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ [Option (Include if Contractor is a corporation.): Attest: ________________________ Corporate Secretary] Attach: EXHIBIT A – Scope of Work EXHIBIT B – Schedule EXHIBIT C – Payment for Services [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D – HIPAA Business Associate Agreement] [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work covered by this Agreement.): EXHIBIT E – HUB Subcontracting Plan] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ – Affirmative Action Compliance Program] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Electronic and Information Resources Environment Specifications] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Security Characteristics and Functionality of Contractor’s Information Resources] [Option: (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ___ – FERPA Confidentiality and Security Addendum] EXHIBIT A SCOPE OF WORK [Note: Provide a detailed description and break-down of all tasks Contractor is to perform and technical standards for the tasks, if appropriate.] EXHIBIT B SCHEDULE [Note: Describe specific time deadlines and due dates for each phase of the Work and, if appropriate, for the Work as a whole.] EXHIBIT C PAYMENT FOR SERVICES SERVICE FEES: [Note: Specify payment model. If the fee is not a stipulated lump sum, include a “not to exceed” fee cap amount.] Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor will not exceed $_______________ (“Fee Cap”) without the prior written approval of University. In addition, total fees for each Phase of the Work will not exceed the following specified amounts without the prior written approval of University: _________________ _________________ If University submits, in advance, a written request for additional services not contemplated or reasonably inferred by this Agreement, Contractor will be paid for actual hours incurred by Contractor’s personnel directly and solely in support of the additional services at the Rates set forth provided above. [Note:: Air Travel and Rental Car At this time, Contractor may not book air travel or rental car directly with travel vendors and obtain the State rates. If the UT institution books air travel and rental car for Contractor and pays the travel vendor directly (direct xxxx to UT), then the UT institution will receive the State rate for Contractor’s airfare and rental car. Hotel Reservations

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for from or on behalf of University constitute “Education Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records” (as defined by FERPA) (collectively “FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum”), attached as EXHIBIT ___, FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § 99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the FERPA Confidentiality and Security Addendum conflicts with any term contained in this Agreement, the terms of the FERPA Confidentiality and Security Addendum will control. [Note: Delete all bracketed ([ ]) and highlighted text before sending this Agreement to Contractor.] University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. UNIVERSITY: CONTRACTOR: THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ [Option (Include if Contractor is a corporation.): Attest: ________________________ Corporate Secretary] Attach: EXHIBIT A – Scope of Work EXHIBIT B – Schedule EXHIBIT C – Payment for Services [Option (Include if University is a HIPAA Covered Entity and Agreement relates to or Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAAhas access to health information.): EXHIBIT D – HIPAA Business Associate Agreement] [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work covered by this Agreement.): EXHIBIT E – HUB Subcontracting Plan] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ – Affirmative Action Compliance Program] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Electronic and Information Resources Environment Specifications] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Security Characteristics and Functionality of Contractor’s Information Resources] [Option: (Include if Contractor will receive, create and/or maintain for from or on behalf of University FERPA Data.): EXHIBIT ___ – FERPA Confidentiality and Security Addendum] EXHIBIT A SCOPE OF WORK [Note: Provide a detailed description and break-down of all tasks Contractor is to perform and technical standards for the tasks, if appropriate.] EXHIBIT B SCHEDULE [Note: Describe specific time deadlines and due dates for each phase of the Work and, if appropriate, for the Work as a whole.] EXHIBIT C PAYMENT FOR SERVICES SERVICE FEES: [Note: Specify payment model. If the fee is not a stipulated lump sum, include a “not to exceed” fee cap amount.] Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor will not exceed $_______________ (“Fee Cap”) without the prior written approval of University. In addition, total fees for each Phase of the Work will not exceed the following specified amounts without the prior written approval of University: _________________ _________________ If University submits, in advance, a written request for additional services not contemplated or reasonably inferred by this Agreement, Contractor will be paid for actual hours incurred by Contractor’s personnel directly and solely in support of the additional services at the Rates set forth above. [Note:

FERPA Compliance. Some of the University Records Contractor receives, creates or maintains for from or on behalf of University constitute “Education Records” (as defined by FERPA), or “Personally Identifiable Information from Education Records” (as defined by FERPA) (collectively “FERPA Data”). Before Contractor may access, create or maintain any of University’s FERPA Data, Contractor must execute the FERPA compliance contract addendum (“FERPA Confidentiality and Security Addendum”), attached as EXHIBIT ___, FERPA Confidentiality and Security Addendum, and incorporated for all purposes. The FERPA Confidentiality and Security Addendum contains terms required by University to ensure that Contractor complies with FERPA (including the requirements of 34 CFR § 99.33(a)) and University Rules related to FERPA, including (i) a description of all FERPA Data subject to this Agreement, and (ii) recognition that University retains the right to control Contractor’s access, use, and disclosure of all FERPA Data. Except to the extent Section 12.11 conflicts with the FERPA Confidentiality and Security Addendum, Contractor will comply with Section 12.11 in connection with all FERPA Data. To the extent that the FERPA Confidentiality and Security Addendum conflicts with any term contained in this Agreement, the terms of the FERPA Confidentiality and Security Addendum will control. [Note: Delete all bracketed ([ ]) and highlighted text before sending this Agreement to Contractor.] University and Contractor have executed and delivered this Agreement to be effective as of the Effective Date. UNIVERSITY: CONTRACTOR: THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON By: By: ___________________________ Name: ______________________________ Name: ________________________ Title: ______________________________ Title: __________________________ [Option (Include if Contractor is a corporation.): Attest: ________________________ Corporate Secretary] Attach: EXHIBIT A – Scope of Work EXHIBIT B – Schedule EXHIBIT C – Payment for Services [Option (Include if University is a HIPAA Covered Entity and Agreement relates to or Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAAhas access to health information.): EXHIBIT D – HIPAA Business Associate Agreement] [Option (Include if HUB Subcontracting Plan was prepared in connection with the Work covered by this Agreement.): EXHIBIT E – HUB Subcontracting Plan] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ – Affirmative Action Compliance Program] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Electronic and Information Resources Environment Specifications] [Option: (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ___ – Security Characteristics and Functionality of Contractor’s Information Resources] [Option: (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ___ – FERPA Confidentiality and Security Addendum] EXHIBIT A SCOPE OF WORK [Note: Provide a detailed description and break-down of all tasks Contractor is to perform and technical standards for the tasks, if appropriate.] EXHIBIT B SCHEDULE [Note: Describe specific time deadlines and due dates for each phase of the Work and, if appropriate, for the Work as a whole.] EXHIBIT C PAYMENT FOR SERVICES SERVICE FEES: [Note: Specify payment model. If the fee is not a stipulated lump sum, include a “not to exceed” fee cap amount.] Notwithstanding the foregoing, the cumulative amount of Service Fees remitted by University to Contractor will not exceed $_______________ (“Fee Cap”) without the prior written approval of University. In addition, total fees for each Phase of the Work will not exceed the following specified amounts without the prior written approval of University: _________________ _________________ If University submits, in advance, a written request for additional services not contemplated or reasonably inferred by this Agreement, Contractor will be paid for actual hours incurred by Contractor’s personnel directly and solely in support of the additional services at the Rates set forth above. [Note:Work