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MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGIN ISLANDS BUREAU OF CORRECTIONS & THE VIRGIN ISLANDS POLICE DEPARTMENT THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROEPRTY AND PROCUREMENT THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made this_16th___day of _November , 2022__, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, the Bureau of Corrections, and the Virgin Islands Police Department, each a “Party” or collectively “Parties,” through the Department of Property and Procurement. WITNESSETH: Whereas, the Virgin Islands Bureau of Corrections (the “Bureau") is responsible for the security, custody, and rehabilitation of prisoners, pursuant to Title 3, Sections 373(b) and 375(a), of the Virgin Islands Code; and Whereas, the Virgin Islands Police Department (“VIPD”) is responsible for protecting persons and property within the jurisdiction of the Territory, pursuant to Title 3, Section 257(a)(3), of the Virgin Islands Code; and Whereas, the parties desire to combine efforts to establish a certified program to train police dogs (“K9s”) and K9 handlers for the VIPD K9 Training Certificate Program, by entering into this MOU. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, it is agreed by and between the parties as follows. 1. TERM AND EFFECTIVE DATE This MOU shall be effective upon the date of execution of this MOU by the Commissioner of the Department of Property and Procurement and remain in effect until it is terminated in accordance with the provisions of Paragraph 10 of this MOU. 2. COSTS There shal] 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 fulfillment of its responsibilities under this MOU. General Contract No. GOQO6BOCT23 Initials: 3. RESPONSIBILITIES/ TASKS 3.1 The VIPD shal! be responsible for: (a) Training all K9s and K9 handlers employed by the Bureau in a twelve to sixteen (12-16) - week basic certification course; and (b) Providing a minimum of sixteen (16) hours of in-service training per month to all certified K9 handlers. 3.2 The Bureau shall be responsible for providing housing and food for its K9s, and any training supplies required for the program. 4. DESIGNATED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. The Bureau of Corrections designates: WYNNIE TESTAMARK Director Bureau of Corrections 9909 Industrial Park Kingshill, VI 00850-9970 RAY A. MARTINEZ Commissioner Virgin Islands Police Department Criminal Justice Complex 5400 Veterans Drive St. Thomas, VI 00802 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 VIPD as servants, agents, or independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of the VIPD of whatsoever nature, including, but not limited to, unemployment insurance and social security taxes for the VIPD its servants, agents or independent contractors. General Contract No. _GO06BOCT23 Initials: 6. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this MOU. 7. GOVERNING LAW This MOU shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 8. 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. 9. 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 Agreement, whether written or oral. 10. TERMINATION Either party will have the right to terminate this MOU with or without cause on thirty (30) days’ written notice to the other party specifying the date of termination. 11. 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, or national origin. General Contract No, GO06BOCT23 Initials: 12. CONFLICT OF INTEREST Both Parties covenant 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. 13. 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: ANTHONY D. THOMAS Commissioner Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas, VI 00802 WYNNIE TESTAMARK Director Bureau of Corrections 9909 Industrial Park Kingshill, VI 00850-9970 RAY A. MARTINEZ Commissioner Virgin Islands Police Department Criminal Justice Complex 5400 Veterans Drive St. Thomas, VI 00802 Genera! Contract No. GOO06BOCT23 Initials: Assistant Attorney General 11/15/2022 11/16/2022 G006BOCT23