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DocuSign Envelope ID: 3D39BAE0-5D90-49C6-88C4-8912109F15C2 • MOU between OHS and The University of Texas Rio Grande Valley MEMORANDUM OF UNDERSTANDING BETWEEN OPCMR THE VIRGIN ISLANDS DEPARTMENT OF HUMAN SERVICES AND THE UNIVSERITY OF TEXAS RIO GRANDE VALLEY THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT THJS MEMORANDUM OF UNDERSTANDING ("MOU" or "Agreement") is made t h i s 2 5 t h day of uly 2024, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Human Services ("Government") and The University of Texas Rio Grande Valley ("University"), each a "Party" or collectively "Parties," through the Department of Property and Procurement. WITNESSETH: Whereas, the Virgin Islands Department of Human Services is responsible for providing social services to the people in the United States Virgin Island's territory in accordance with 34 V.I.C. § 254; and Whereas, the Virgin Islands Department of Human Services operates facilities located at 3012 Golden Rock, St. Croix, United States Virgin Islands ("Facility"); and Whereas, the University of Texas Rio Grande Valley is responsible for providing academic courses that prepare students to work in such services, and desires to provide students in School of Social Work courses with practical educational experience by utilizing appropriate facilities and personnel of their parties; and Whereas, the agencies have a common interest in establishing and implementing a program involving students and personnel of the University of Texas Rio Grande Valley and the department personnel; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. TERM AND EFFECTIVE DATE This MOU shall be from August 1, 2023, and shall terminate July 31, 2028. Upon the General Contract No. ------- r,,°:,, Jnitials: -’- J G029DHST24 G029DHST24 G029DHST24 DocuSign Envelope ID: 3O39BAE0-5O90-49C6-88C4-8912109F15C2 • MOU between DHS and The University of Texas Rio Grande Valley OPCMR the requirements of federal and state laws and regulations regarding the confidentiality of information in records maintained by Facility. g. Provide information requested by Facility related to students participating in the Program unless prohibited by federal or state law. h. Remove a student from the Program when the Facility dete1mines that the student has violated the rules and regulations of the Facility; has disclosed information that is confidential by law; or has engaged in conduct that disrupts the activities can-ied on by the Facility or threatens the safety of Facility personnel or patients. i. Student obligations - The University students and personnel will be responsible for their own transportation, meals, and health care while participating in the program. 4. DESIGNATED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. Department of Human Services designates: Averil E. George, Commissioner Designee 1303 Knud Hansen Complex St. Thomas, US Virgin Islands 00802 The University of Texas Rio Grande Valley designates: Dr. Christine Shupala, !róôe+21tc-¥i-ee-Preõ1rdcnt Vice Provost for Institutional Accreditation Program Development and Analysis 1201 W. University Dr. Edinburg, TX 78539 5. LIABILITY OF OTHERS Nothing in this MOU shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by The University of Texas Rio Grande Valley as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of The University of Texas Rio Grande Valley of whatsoever nature, including but not limited to unemployment insurance and social security taxes for The University of Texas Rio Grande Valley its servants, agents or independent contractors. 4 General Contract No. ------- !,,·,, Initials:-ö- G029DHST24 DocuSign Envelope ID: 3O39BAE0-5O90-49C6-88C4-8912109F15C2 MOU between DHS and The University of Texas Rio Grande Valley OPCMR 6. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this MOU. 7. INDEMNIFICATION To the extent permitted by the Constitution and laws of the State of Texas, The University of Texas Rio Grande Valley agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney's fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by The University of Texas Rio Grande Valley under this MOU and arising from any cause, except the sole negligence of Government. 8. GOVERNING LAW The Parties choose to remain silent on choice of law. 9. WAIVERS AND AMENDMENTS No waiver, modification, or amendment of any term condition or provision of this MOU shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification, or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification, or amendment of any of the terms, conditions, or provisions of this MOU, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 10. ENTIRE AGREEMENT This MOU constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This MOU supersedes all prior communications, MOUs, or agreements between the parties with respect to the subject matter addressed in this MOA, whether written or oral. 11. CONDITION PRECEDENT This MOU shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. 12. TERMINATION r,::A Initials:-{- General Contract No. ------- G029DHST24 DocuSign Envelope ID: 3O39BAE0-5O90-49C6-88C4-8912109F15C2 • MOU between DHS and The University of Texas Rio Grande Valley OPCMR Either party may terminate this MOU with or without cause on Sixty (60) days written notice to the other party specifying the date of termination. 13. NON DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this MOU on account of race, creed, color, sex, religion, disability, veterans' status or national origin. 14. CONFLICT OF INTEREST Each Party covenants that it has no interest, and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. 15.NOTICE Any notice required to be given by the Terms of this MOU shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 Averil E. George Commissioner Designee Department of Human Services 1303 Knud Hansen Complex St. Thomas, U.S. Virgin Islands 00802 Dr. Christine Shupala The University of Texas Rio Grande Valley 1201 W. University Dr. Edinburg, TX 78539 Educationalagreements@utrgv.edu 16. ORAL REPRESENTATIONS No oral representations of any officer, agent, or employee of the Department or University shall affect or modify any obligations of either party under this Agreement. 6 General Contract No. ------- 1,,":A Initials:-¤- G029DHST24 DocuSign Envelope ID: 3D39BAE0-5D90-49C6-88C4-8912109F15C2 MOU between DHS and The University of Texas Rio Grande Valley 17. FERPA OPCMR For purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Act of 1974 (FERP A), the University hereby designates the Facility as a school official with a legitimate educational interest in the educational records of the students who participate in the Program to the extent that access to the records is required by the Facility to carry out the Program. The Department of Human Services agrees to maintain the confidentiality of the educational records in accordance with the provisions of FERP A. 18. HIPAA LAWS The parties agree that: a. the Facility is a covered entity for purposes of the Health Insurance Portability and Accountability Act of 1996, of 1996 as amended by the Health Infonnation Technology for Economic and Clinical Health (HITECH) Act and the Privacy, Security and Breach Notification Regulations at 45 CFR §§ 160 and 164 (hereinafter collectively, "HIPAA") and subject to 45 CFR Parts 160 and 164 ("the HIPAA Administrative Simplification Regulations"); b. to the extent that University students are participating in the Program and University faculty members are providing supervision at the Facility as part of the Program, such students and faculty members shall: i. be considered part of the Facility's workforce for HIPAA compliance purposes in accordance with 45 CFR § 160.103, but shall not be construed to be employees of the Facility; ii. receive training by the Facility on, and subject to compliance with, all of Facility's privacy policies adopted pursuant to the HIPAA Privacy Regulations; and c. does not disclose any Protected Health lnfonnation, as that term is defined by 45 CFR § 160.103, to University which a student accessed through Program participation, or a faculty member accessed through the provision of supervision at the Facility that has not first been de-identified as provided in 45 CFR §164.514(a); d. University will never access or request to access any Protected Health Information held or collected by or on behalf of the Facility, from a student or faculty member who is acting as a part of the Facility's workforce as set forth in paragraph 15.b. of this Agreement or any other source, that has not first been de-identified as provided in 45 CFR § l 64.5 l 4(a); and e. no services are being provided to the Facility by the University pursuant to this Agreement and therefore this Agreement does not create a "business associate" relationship as that term is defined in 45 CFR §l60.103. 7 General Contract No. ______ _ l,,)/7 Initials:² G029DHST24 DocuSign Envelope ID: 3O39BAE0-5O90-49C6-88C4-8912109F15C2 MOU between DHS and The University of Texas Rio Grande Valley 19. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES OPCMR A facsimile, electronic or digital signature on this Agreement shall be deemed an original and binding upon the Parties hereto. The Parties have hereunto set their hands as set forth below. GOVERNMENT OF THE VIRGIN ISLANDS I I C • <2,. R_ Date:º[ Averil E. George, Co m1ssione esignee Department of Human Services Lisa M. Alejandro, Commissioner Department of Property and Procurement CONTRACTOR Luis H. Zayas, Ph.D Provost and Senior Vice President for Academic Affairs r»'(;llfisline Shupala Vice Provost for Institutional Date: ----- Date: 4/22/2024 Date: 4/22/2024 Accreditation, Program Development, and Analysis Reviewed by UTRGV Legal:___,,G_¼_• ______ _ UTRGV Contract ID: ACADAFF-PROGRAM-2057-2024 APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: ____________ Date ___ _ General Contract No. ______ _ r,,":,, Initials:-½- 7/24/2024 7/25/2024 G029DHST24