OPCMR
MEMORANDUM OF UNDERSTANI)ING
BETWEEN
THE VIRGIN ISLANDS DEIARTMENT OF HEALTH
&
THE FEI)ERAL EMERGENCY MANAGEMENT AGENCY
DEPARTMENT OF HOMELAND SECURITY
THROUGH
THE VIRGIN ISLANI)S DEPARTMENT OF PROPERTY AND IROCUREMENT
TI-uS
MEMORANDUM
01’
UNDERSTANDING (“MOU”) is made this
day
ol
2021 . in the Territory of the Virgin Islands. by and between the Government
of the Virgin Islands 1)epartment of I lealth and F’ecleral Emergency Management Agency
(FEMA). Department of I lomeland Security (DIIS). each a “Party” or collectively “Parties”
through the Department of Property and Procurement.
WITN ESSETH:
\Vhereas. the Virgin Islands 1)epartment of Health (VIDOH) is responsible for
ensuring the health ofthe public due to the COVII)—19 Pandemic pursuant to Title 3. Chapter
23 and ‘I’itlc 19. Chapter 1. Part 1. of the Virgin Islands (‘ode: and
Whereas, the Federal Emergency Management Agency Region II is responsible to
help people before. during, and after disasters. within New Jersey. New York. Puerto Rico
and the U.S. Virgin Islands. In support ol’its mission. l’EMA Region 11 may deploy Federal
personnel in a surge to a discrete area of operations in response to all—hazards: and
Whereas. this Arecment is authorized under the provisions of the Robert ‘1’. StafThrd
Disaster Relief and Emergency Assistance Act. 42 U.S.C. § 5121-5207. FEMA-I)R-45 13-
VI
. et seq: and
Whereas. MOU (101 8D01 l’I21 effective Januaiy 27. 2021. and shall expire July 26. 2021;
and
Whereas. This MOU extends the tenns and obligations under the previously executed
MOU GO 1 81X)1 Fl 21 signed on .Janu.u’ 27. 2021 with minimi.un changes and
Whereas, the agencies desire to continue to combine efforts to combat the spread of’
COVII)—19 by coordinating efforts with the vaccination program: and
Whereas, the agencies desire to continue to combine etlorts to combat the spread of (‘OVID— 19
and ensuring mass vaccination, by entering into this MOU.
NOW, THEREFORE. in consideration of the imitual covenants herein contained, and
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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 effective upon the date of execution and shall be effective until terminated
in writing with fifteen (15) days’ notice, or until l)ecember 3 1. 2021
. whichever is earlier.
2. COSTS
l’here shall be no exchange of funds between the Parties for the performance of tasks under this
MOU. Each Party shall bear all costs associated with the liillillment of its responsibilities under
this MOU.
3. RESPONSIBILITIES! TASKS
3.1 l)cpartincnt of Health shall be responsible for:
(a) VEF)Ol I may continue to utilize the Premises (as defined below at Section 3.2(a)) as a
site for mass vaccinations.
(h) Limit its use of the Premises to the purpose at Section 3.1 (a) and during the (lays and
times determined by the parties on a weekly basis.
(c) /\l no cost to l’EMi\. maintain the Premises in good repair and condition, and promptly
advise FEMA and make arrangements to repair any damage caused to the property
including to heat. air conditioning. light, or ventilation systems:
((I) Maintain the Premises in clean and orderly condition:
(c) Surrender the Premises in the same state and condition as it was in at the
commencement of use and occupancY:
(f) Provide lbr any required security or cleaning services:
(g) Continue to maintain insurance br liability, and for loss of or damage to the property.
arising from the wrongful or negligent acts or omissions of VIDOI-l employees and
contractors in accordance with V.l.(’. Title 33. Chapter 118. Sections 3401 through
3417:
(h) Continue to inoculate lederal Emergency Response Ot’iicials when provided under
Vll)OH policy: and
(i) Not obstruct FEMi\
‘ s access to the Premises: speci ficallv in times of’ emergency during
disasters, up to and including hurricanes.
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() Vl[)O1 I acknowledges, that in the case of an emergency or if an impending incident
arises, such as (but not limited to). hurricane, tropical storm, weather system. lire, power
outage. explosion. flood, or other similar activit. FEMA may terminate the MOU or
hold the terms ol’the MOU in abeyance in order to use the Premises to respond to such
emergency or incident: further described in #9 below.
3.2 Federal Emergency Management Agency Region II shall he responsible for:
(a) FEMA is leasing the Nissan l)ealcrship. La (irande Princess. Christianstcd. St. Croix.
USVI 00820 (“Premises”). The Premises are being utilized by FEMA.
(I,) FEMA agrees to permit VlI)OIFs continued non-exclusive use of’ the Premises as a site
for distribution of Covid— 19 vaccinations.
(c) FEMi\ authorizes VI DOl I the use of’ the specific areas identified as a site for mass
vaccinations.
(d) FLMi\ shall abide by the conditions of Section 3.1 (a).
(c) Additional Iv, FEMA shall ensure VI 1)01-I has access to the Premises: except in times of
emergency during disasters. up to and including hurricanes.
3.3 Other Provisions
a)
Liability. To the extent allowed by law. \1lDOIl agrees to be responsible foi’ the negligent
or wrongful acts or omissions of its employees, agents. invitees. independent contractors.
SUCCCSSOS or assigns arising under this MOU. the Govt’s liability exposure is limited by
the Virgin Islands lort Claims Act (33 VIC Sections 3410—341 7). VlI)OH acknowledges
it is responsible for any accidents that occur on the Premises during its occupancy.
including during its delivery of the vaccine to patients. The parties agree—subject to any
limitations imposed by law, rule. or regulation-----•to cooperate in good foith to resolve any
claims promptly and, whenever appropriate, without litigation.
1-or all claims or suits
arising under this
N’IOU. each party’s designated legal representatives will, within (7)
calendar days of’ receipt. provide each others designated legal representatives copies of
any documents memorializing such claims. Nothing in this MOU shall be construed as a
waiver of any sovereign immunity of’ the United States. The Federal Tort Claims Act
(Fl’(’A). 2$ U.S.C.
1346 (b). 2671-2680 provides the exclusive monetary damages
remedy for allegedly
rongful or negligent acts or omissions by federal employees within
the scope of thci r employment.
b) Compliance with Applicable Law: VIDOH. as set forth above, shall comply with all
Federal. State and local laws applicable to this N4OU including, without limitation, laws
applicable to operation pursuant to this MOU and each party ill obtain and maintain all
required permits. licenses and similar items, at no cost to PuMA. United States law will he
applied to resolve any dispute or claim.
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c)
lroper Usc of Premises.
Nothing in this MOU shall be construed to create a duty on
FEMA to inspect lbr toxic material or latent environmental conditions present on the
Premises or which could be affected by VIDOI-Fs intended use of thc Premises. VIDOI-l
shall he responsible for an toxic material or latent environmental conditions introduced to
the Premises as a result of use. There are no known environmental conditions which could
affect VIDOI-Es use of the Premises. known to FEMA.
4. DESIGNATED REPRESENTATIVE
Each Party shall designate a representative to oversee its responsibilities under this MOU.
l)cpartment of l-lcalth designates:
Justa E. Encarnacion. RN. I3SN. MBi\/[ICM
Commissioner
I )epartment 01’ 1-I cal th
3500 Estate Richmond
C’hristiansted. St. (‘mix VI 0082()
FEMi\ Region II designates:
Mark A. Walters
FCO/Disaster Recovery Manager
I:ec1ei.l Eniergencv Management Agency
I)epartment of Ilomeland Securit
(202) 267-5320
lmail: mark.waltersu fema.dhs.uov
Kristen A. 1 lodge
Recovery Director/Disaster Recovery Manager
Federal Emergency Management Agency
I)epartment of’ Ilomcland Security
(202) 626-6467
Email: kristen.hode a l’enia.dhs.iov
5. ASSIGNMENT
Neither Party shall subcontract or assign any part of the services or responsibilities under this
N’IOU
6. WAIVERS AN!) AMENI)MENTS
No waiver. modi lication or amendment of any term condition or provision of this MOLT shall be
valid or of any lbrce or effect unless made in writing, signed by the parties hereto or their duly
authorized representatives, and specifying with particularit
the nature and extent of’ such
waiver, modification or amendment. Any such waiver, modification or amendment in çiji
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instance or instances shall in no event be construed to he a general waiver, modification or
amendment of any of the terms. conditions or provisions of this MOU. but the same shall he
strictly limited and restricted to the extent and occasion specified in such signed writing or
wi•i tings.
7.
ENTIRE AGREEMENT
This MOU constitutes the entire agreement of the parties relating to the subject matter addressed
in this MOU. This MOU extends the terms of MOU # (jo
1 81)OH1’2 1, but supersedes all other
P1101 communications MO Js
oi agi ccments bct cen the pai tics v ith respcct to the subject
mattet addrcssed in this MOl. I whcthei
‘i’. i ittcn 01 01 al
8.
CONDITION PRECEI)ENT
This MOU shall he subject to the availability and appropriation of funds and to the approval of
the Commissioner of the Department of Property and Procurement.
9. TERMINATION ANI) ABEYANCE
lither party will have the right to terminate this MOU with or without cause on lifteen (15) days
written notice to the other party specifying the date of termination.
If’ an emergency or impending incident arises, such as (but not limited to). hurricane, tropical
storm. veather system. fire. po’er outage. explosion, flood, or other similar activity. FEMA
may terminate the MOU or hold the terms of the MOU in abeyance in order to use the Premises
to respond to such emergency or incident. Once and if the emergency or incident has subsided
or been recti lied. the terms ci the MOU shall apply again and VIDOI-I may use the Premises in
accordance with part 3.
10. NON-1)ISCRIMINATION
No person shall he excluded from participating in. he denied the proceeds ofor be subject to
discrimination in the performance ol this MOU on account of race. creed, color. sex. religion.
disability or national origin. The use of Federal facilities, supplies and services undertaken
under this MOU will be in compliance with regulations promulgated by FEMA under the
Stafford Act guaranteeing non—discrimination and prohibiting duplication of benefits. (See 44
C.F.R. § 206.11 and 206.191.).
11. CONFLICT OF INTEREST
I3oth Parties covenant that it has rio interest and will not acquire any interest direct or indirect.
which would conflict in any manner or degree vith the performance of services required to be
performed under this MOU.
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12. NOTICF
Any notice reciuired to he given by the ‘lerms of’ this MOU shall be deemed to have been given
when the same is sent by electronic mail or certifcd mail, postage prepaid or personally
delivered, addressed to the parties as lollows:
Anthony [). Ihonias. MBA
Commissioner
l)cpartmcnt of’ Property and Procurement
8201 Subbase. Suite 4
St. Thomas Virgin Islands 00802
Email: anthon il
masu,dpp.v
.1 usta E. I ncarnacion. RN. B SN. M Bj\/l—IC’ M
Commissioner
I)epartment of I lenith
3500 Estate Richmond
Christiansied. St. Croix VI 00820
Email: usta.encarnaciona:doh.vi.nov
Mark A. Walters
FCO/1)isaster Recovery Manager
lederal
I ‘mergency Management /\gcncv
l)epartment of’ I lomeland Security
(202) 267-5320
Email: mark.waltersa’fema.dhs.ov
Kristen I\. Ilodge
Recovery I)irector/l)isaster Recovery Manager
l”ederal I mcrgency Management Agency
I )epartmcnt of I lomeland Security
(202) 626-6467
Email: kristen .hodca1ema.dhs.gov
17. FASCIMILE, ELECTRONIC & I)IGITAL SIGNATURES
A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding
upon the Parties hereto.
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IN WITNESS WI-IEREOF. the parties have hereunto set their hands on the day and year
first above Written.
GOVERNMENT OF THE VIRGiN ISLANI)S
Commissioner
I)epartmcnl of I-Iealth
Anthony D. Thomas. Commissioner
Department of Property and Procurement
I)ate
WITNESS
FEL)ERAL EMERGENCY MANAGEMENT A(;ENcY RE(;ION II
j(COu’t
Mark A. Walters. FCO /
I)isaster Recovery’ Manager
FEM\ / DI-IS
-
,lristen A. I-lodge, 1ecovery l)irector/
Disaster Recovery Manager
FEMA/DHS
Iiiti
WITNESSES
7/4/202 1
Date
i(i)2O21
I )ate
/
DLPARFMENT OF JUSTWE BY:
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ate
7/22L
A:
saiil At(oiiiey (eneml
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