OocuSign Envelope ID: 7420959A-DBE9-4A9D-BCEC-333B8A398538 
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AGREEMENT 
THIS MEMORANDUM OF AGREEMENT ("MOA'') is made this ____ day 
of 
--¥2020, in the Territory of the Virgin Islands, by and between the Government of the Virgin 
Islands, Department of Property and Procurement, on behalf of the Department of Education on 
1834 Kongens Gade, St. Thomas, U.S. Virgin Islands 00802 (hereinafter referred to as 
"Government") and UNIVERSITY OF THE VIRGIN ISLANDS, No. 2 John Brewers Bay, St. 
Thomas, U.S. Virgin Islands, an instrumentality of the Government of the United States Virgin 
Islands (hereinafter referred to as "the University") on behalf of the Eastern Caribbean Center. 
WITNESSETH: 
WHEREAS, Virgin Department of Education, ("VIDE"), pursuant to Title 3 Virgin 
Islands Code, Chapter 7, Section 96, is required to promote the cause of education, and achieve a 
high level of general education throughout the Virgin Islands, and is authorized to exercise such 
powers, and perform such other duties and functions, as may be prescribed by law, to fulfill this 
duty; and 
WHEREAS, VIDE, through its State Office of Special Education (hereinafter "SOSE") is 
mandated by 20 U.S.C § 1416(a)(3) and (b)(2) to report on the progress or slippage in meeting the 
measurable and rigorous targets in accordance with the requirements set forth by the Secretary of 
Education in its State Performance Plan (SPP) and Annual Performance Report (APR), Indicator 
8 "Number of respo11de11t parents who report that schools facilitated parental involveme11t as a 
means of improving services a11d results/or cl,i/dren with disabilities"; and. 
WHEREAS, the University in collaboration with SOSE will develop procedures for 
carrying out a survey entitled "Special Education Parent Satisfaction Survey 2018" that will 
provide reliable estimates of the degree of parents' satisfaction with the Special Education Program 
and the services provided by Virgin Islands Department of Education; and 
WHEREAS, the purpose of this Memorandum of Agreement is to delineate the duties and 
responsibilities of the University and the SOSE in conducting a scientific telephone sample survey 
among parents/families with children/wards who have Individualized Education Programs 
(hereinafter "IEPs"); and 
WHEREAS, the University, is an instrumentality of the Government of the United States 
Virgin Islands and was selected to provide the services in pursuant to 3 V.1.C. § 74(a)(b); and 
WHEREAS, the Government is authorized to enter into this agreement pursuant to Title 
17 Virgin Islands Code, Chapter 33,§ 467(a)(l ), which provides for Cooperation by Government; 
and 
WHEREAS, the University represents that it is willing to and capable of providing such 
services; and 
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NOW, THEREFORE, in consideration of the mutual covenants herein contained, and 
intendingto be legally bound by this written instrument, the parties hereto do covenant and agree 
as follows: 
1.SERVICES
The University will provide the services described in Addendum I (Scope of Services) attached 
hereto and made a part of this contract. 
2. TERM AND EFFECTIVE DATE
This MOA shall be effective upon the date of execution of this MOA by the Commissioner of the 
Department of Property and Procurement and shall terminate on November 30, 2020. The 
Government in its sole discretion, shall have the option to renew this MOA for a period of one ( l) 
additional year subject to the same terms noted herein, by providing the university with sixty (60) 
days written notice of the Government's election to renew. 
3. COMPENSATION
The University, in consideration of the satisfactory performance of the services described in 
Addendum I (Scope of Work), agrees to pay the Government a sum not to exceed Eighty-Four 
Thousand, Seven Hundred Eighty-Nine Dollars and Forty One Cents ($84,789.41) in accordance 
with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of 
this MOA. 
4. TRAVEL EXPENSES
Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the 
Government agrees to pay documented transportation, subsistence, lodging and other travel 
expenses, while in travel status, for trips which have been authorized in writing, in advance, by the 
Government, including reimbursement at a per diem rate of $75.00 per day for all meals. These 
costs shall be advanced or reimbursed on the same basis as is applicable to non-contract 
employees of the Government, or as agreed to by an addendum to this Contract, however, said 
costs and expenses shall not exceed Three Thousand Fifty Dollars and Zero Cents ($3,050.00). 
5. RECORDS
The University when applicable, will present documented precise records of time and/or money 
expended under this Contract. 
6. PROFESSIONAL STANDARDS
The University agrees to maintain the professio";I standards applicable to its profession a
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consultants doing business in the United States Virgin Islands. 
7. DOCUMENTS, PRINTOUTS, ETC.
OPCMR 
All documents, books, records, instructional materials, programs, printouts and memoranda of 
every description derived therefrom and pertaining to this MOA shall become the property of the 
Government and shall be turned over to it at the termination of this MOA. The above described 
materials shall not be used by the University or by any other person or entity except upon the 
written permission of the Government. 
8. LIABILITY OF OTHERS
Nothing in this MOA shall be construed to impose any liability upon the Government to persons, 
finns, associations, or corporations engaged by the University as servants, agents, or independent 
contractors, or in any other capacity whatsoever, or make Government liable to any such persons, 
finns associations, or corporations for the acts, omissions, liabilities, obligations and taxes of the 
University of whatsoever nature, including but not limited to unemployment insurance and social 
security taxes for the University its servants, agents or independent contractors. 
9. ASSIGNMENT
The University shall not subcontract or assign any part of the services under this MOA without 
the prior written consent of the Government. 
10. INDEMNIFICATION
To the extent pennitted by law, the University 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 perfonned by the University under this MOA and arising from any cause, 
except the sole negligence of Government. 
INDEPENDENT CONTRACTOR 
The University shall perfonn this MOA as an independent contractor, and nothing herein 
contained shall be construed to be inconsistent with this relationship or status. 
11. GOVERNING LAW
This MOA shall be governed by the laws of the United States Virgin Islands and jurisdiction shall 
remain in the United States Virgin Islands. 
12. WAIVERS AND AMENDMENTS
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No waiver, modification or amendment of any term condition or provision of this MOA 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 orprovisions of this MOA, but the same shall be strictly limited and 
restricted to the extent and occasion specified in such signed writing or writings. 
14. ENTIRE AGREEMENT
This MOA constitutes the entire agreement of the parties relating to the subject matter addressed 
in this agreement. This agreement supersedes all prior communications, contracts, or agreements 
between the parties with respect to the subject matter addressed in this Agreement, whether 
written or oral. 
15. RIGHT TO WITHHOLD
If work under this MOA is not performed in accordance with the terms hereof, Government will 
have the right to withhold out of any payment due to the University such sums as Government 
may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, 
at its option, Government may apply such sums in such manner as Government may deem proper 
to secure itself or to satisfy such claims. Government will immediately notify the University in 
writing in the event that it elects to exercise its right to withhold. 
No such withholding or application shall be made by Government if and while the University gives 
satisfactory assurance to Government that such claims will be paid by Contractor or its insurance 
carrier, if applicable in the event that such contest is not successful. 
16. CONDITION PRECEDENT
This MOA shall be subject to the availability and appropriation of funds and to the approval of 
the Commissioner of the Department of Property and Procurement. 
17. TERMINATION
Either party will have the right to terminate this Contract with or without cause on thirty (30) 
days written notice to the other party specifying the date of termination. 
18. PARTIAL TERMINATION
The performance of work under this MOA may be terminated by the Government, in part, 
whenever the Government shall deem such termination advisable by providing thirty (30) days 
written notice to the University. This partial termination shall be effected by delivering to the 
University a Notice of Partial Termination specifying the extent to which the term and/or duties 
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under this MOA are terminated and the date upon which such tennination becomes effective. The 
University shall be entitled to receive payment for services provided to the date of termination, 
including payment for the period of the thirty (30) day notice. 
19. 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 MOA on account of race, creed, color, sex, religion, 
disability or national origin. 
20. CONFLICT OF INTEREST
The University 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 MOA. 
21. NOTICE
Any notice required to be given by the Terms of this MOA 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: 
GOVERNMENT 
Anthony D. Thomas 
Commissioner 
Department of Property and Procurement 
820 I Sub Base, Suite 4 
St. Thomas U.S. Virgin Islands 00802 
Racquel Berry Benjamin, 
Commissioner 
Department of Education 
1834 Kongens Gade 
St. Thomas, U.S. Virgin Islands 00802 
UNIVERSITY 
Mindy Solivan, Director 
Office of Sponsored Programs 
University of the Virgin Islands 
No.2 John Brewer's Bay 
St. Thomas, U.S. Virgin Islands 00802 
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22. LICENSURE
The University covenants that it has: 
(c)
obtained all of the applicable licenses or permits, permanent, temporary or otherwise as
required by Title 27 of the Virgin Islands Code; and
(d)
familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code
pertaining to professions and occupations.
23. OTHER PROVISIONS
Addenda I, II and Attachment A attached hereto are a part of this MOA and are incorporated 
herein by reference. 
24. DEBARMENT CERTIFICATION
By execution of this MOA, the University certifies that it is eligible to receive awards using 
federally appropriated funds and that it has not been suspended or debarred from entering into 
agreements with any federal agency. The University shall include this provision in each of its 
subcontracts hereunder and shall furnish its subcontractors with the current "LIST OF PARTIES 
EXCLUDED FROM FEDERAL PROCUREMENT OR NON-PROCUREMENT". In the event 
the University or any subcontractor misrepresents its eligibility to receive contract awards using 
federal funds, the University or subcontractor agrees that it shall not be entitled to payment for 
any work performed under this MOA or any subcontract and that the University or subcontractor 
shall promptly reimburse the Government of the Virgin Islands for any progress payments 
heretofore made. 
25. FALSE CLAIMS
The University warrants that it shall not, with respect to this MOA, make or present any claim upon 
or against the Government of the Virgin Islands, or any officer department, board, commission, 
or other agency thereof, knowing such claims to be false, fictitious or fraudulent. The University 
acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin 
Islands law. 
26. NOTICE OF FEDERAL FUNDING
The University acknowledges that this MOA is funded, in whole or in part, by federal funds. The 
University warrants that it shall not, with respect to this MOA, make or present any claim 
knowing such claim to be false, fictitious, or fraudulent. The University acknowledges that 
making such a false, fictitious, or fraudulent claim is a federal offence. 
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27. FISCAL RESPONSIBILITY
(a) The University of the Virgin Islands shall prepare and submit to the
Government a Budget(s) detailing the expenditures to be generated for each
activity based on the amount disbursed by the Government. A copy of the
Budget(s), identified as Attachment A, is attached hereto, incorporated herein
by reference, and made a part of this Agreement.
(b) The University shall maintain an accounting system to manage the federal funds
received from this project in accordance with the "Standards for Financial
Management Systems" set forth in 34 CFR Part 74.
(c) The University shall expend the funds in accordance with all applicable local
and federal laws, rules and regulations.
(d) The University shall be responsible for providing a financial report(s) to the
Government which outlines all expenditures associated with the Program as
outlined in this Agreement at the end of the Program.
(e) The University shall return to the Government for its disposition, any sum of
money which the University, its auditors or any other authorized representative
has determined was not utilized in conformity with this Agreement or remains
unspent at the termination of this Agreement.
(f)
The University shall keep records that fully show:
1. The amount of funds under the Agreement;
2. How the University uses the funds;
3. The total cost of the program;
4. The share of cost provided from other sources; and
5. Other records to facilitate an effective audit.
(g) The University shall prepare and submit to the Government, invoices that
correspond with the compensation schedule delineated in ADDENDUM II, 
ATTACHMENT A, attached hereto, incorporated herein by reference, and made a part 
of this Agreement, detailing the expenditures funded for each activity based on the 
agreement amount advanced and/or to be paid by the Government for the fees and costs 
identified in University's Budget(s), attached hereto as ATTACHMENT A, incorporated 
herein by reference, and made a part of this Agreement. 
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IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first
above written.
GOV RNMENT OF THE VIRGIN ISLANDS
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______________________
Department of Education
Anthony D. Thomas, Commissioner
Department of Property and Procurement
Date
UNIVERSITY OF THE VIRGIN ISLANDS
6/2/2020
Date
APPROVED AS TO LEGAL SUFFICIENCY
DEPARTMENT OF JUSTICE BY:
6/24/2020
PURCHASE ORDER NO.
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WITNESSES:
(__DocuSianed by:
rAl
“—453A06F0FB254F6
DocuSIned by:
fvfIa11, S.J.D.
President
General Contract No.
6/24/2020
G048DOET20