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/ —— 406 Prd OPCMR MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. VIRGIN ISLANDS DEPARTMENT OF EDUCATION & MY BROTHER’S WORKSHOP THROUGH THE U.S. VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this Navel 3/ day of 220, in the Territory of the U.S.. Virgin Islands, by and between the Govemment of the U.S, Virgin Istands, Department of Education (“DOE" or the “Government”) and My Brother's Workshop (“MBW"", each a‘ Party” or collectively “Parties.” through the U.S. Virgin Islands Department of Property and Procurement, WITNESSETH: Whereas, the DOF is responsible for promoting the cause of education, and achieving a high level of general education throughout the Virgin Islands pursuant to Title 3 V.LC. Section 96(n); Whereas, MBW is an organizatiun providiny hope, faith. and purpose to at-rish and high-risk youny people in U.S Virgin Islands Whereas, the Parties have a common interest in ensuring clean drinking water for the students of the Department of Education; and Whereas, the agencies desire to combine efforis in ensuring access to clean drinking water in designated schools, by entcring into this MOU. 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 effective upon the date of execution of this MOU by the Commissioner of the Department of Property and Procurement and shall terminate one (1) year thereafler. The Government in its sole discretion, shall have the option to renew this MOU for a period of (5) additional years subject to the same terms noted herein. by providing with 60 days written notice of the Government's “sip to renew. GOZ7D0ET General ContractNo Initials. Nica 2, COSTS There shall be no exchange of finds between tie Parties for the performance of tasks under this MOU. Each Party shall bear all costs associated With the: fulfiliment of its responsibilities. under this MOU. 3. RESPONSIBILITIES/ TASKS 3.1 Depariment of Education shalt be responsible for; {a) Designating the schcols participating in the program, to wit, Lockhart Elementary - School (St. Thomas), Eudora Kean High Sehoul (S1. thomas) and Eulalie Rivers K-8 (St. Croix), (b} Supervising the installution of the fountains, {c) Maintaining the fountains after proper training from Poly Caribe, the water: fountain installation company’. (dy Distributing water botlles to students. (e) Informing My Brother's Warkshop if installation at a-schoot is no longer being used so. Poly Carthe cun fetrieve its:fountains. 3.2. My Brother's Workshop shall. be responsible for: (a) -Sorrcing and engraving:the water bottles, (b} Delivering water bottles to schools in Department of iducation or mother group responsible for distribution of the water bottles within the Ghissraams, (c) Arranging for Poly Caribe to source the water fountains, (u}. Arranging:for Poly Caribe or someone that Poly Caribe designates to’ install in schoo! locations to be agreed upon by the Department of Educotion, (e) Arrange for Poly Caribe or Poly Curibe's representative ta demonsinitete personnel of Deparment of Education how 10 properly maintain fountains, (} This MOU is effective unly for the three schools identified in the grant praposal io Banco Poputar. - 4, DESIGNATED REPRESENTATIVE Lach Party shall designate a representative to oversee its responsibilities under this MOU. Department of Education designates: Victor Somme. General Contract No. initiats: A St. Croix. District 2155 Hospital Road — Christiansted, $1. Croix U.S. Virgin Islands 00820 My. Brother’s Workshop designates:. Jenny. Hawkes 26 A Charlotte Amalic St. Thomas, Virgin Islands 60820 5. LIABILITY OF OTHERS Nothing in: this MOU shall he: construed to impose any liability ugon the Government to persons, firms, assuciations, or corporations: ciigaged by My Brother's Workshop-as servants, ugenis, or indépendent contractors, or in any other capucity whatsoever, or make Government dioble to nay. such persons, firms. aysocintions, or corporations for the acis,; omissions, liabilities, ubtignlions: and (axes of My. Brother's Workshop of whalsoever nature; including, but not limited: to. unemployment insurance and social security taxes: for My Brothes’s Workshop, ils servants, agents or independent contractors. 6. ASSIGNMENT My Brother's Workshop will assign its responsibilities for the installation of the fountuins and teaching maintenance. procedures to the schools to Poly Caribe. Poly Caribe shall be solely responsible for thosy tasks. 7, INDEMNIFICATION My Brother's Workshop agrees to indemnify, defend:and hold harmless Government from and against any and all loss, damagy; liability, claims, demands, délriments, cost, charges and expense (incleding. altorney’s fees) und vauses of action: of whatsoever character whith Government may-incur, sustain or be subjected to, arising out of or in any way connecicd to the services to be performed by My Brother's Workshop under this MOU and arising from any cattee, except lite sole negligence of Governmunt or the Governnicnt’s responsibility far ongoing use and maintenance of the fountains. 8. GOVERNING LAW This MOU shal! be governed. by the linws of the United States Virgin islands and jurisdiction shall remaii'in the United Statés Virgin Islands. General Contract No. Initials: sire G0 37D0ET20. 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 untess made in writing, signed by ihe parties ‘hereto or their duly authorized’ representatives, and specifying with particularity (he nature and extent. of such waiver, modificaiion 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: striclly limited and restrictect to the-extent and occasion specified in such signed writing or wiilings, 10. ENTIRE AGREEMENT This MOU constilutes the cnlire agreement of the parties relating to the subject maticr addressed in this agreement. ‘This MOU supersedes all prior conmiunications,; MOUs, ar Agreciients between the parties with respect to the subject matter:nddressed in this Agreement, whether tritiea or oral. 11. CONDITION I'RECEDENT ‘This MOU shalt be subject.to the’ availability. and appropriation of funds and to the approval of the Comunissioner of the Deparment of Property and Procurement, 12, TERMINATION Filher party will have the right to weeminaic this MOU with or without cause on sixty. (60) days Written notice to the ather purty specifying the ‘date of termination. 13. NON-DISCRIMINA TION No person shall-be exchided from. purticipating in, be denied the praceeds of of be subject to discrimination in the performance: of this MOU.on account.of rave, cred, color, sex, religion, disability or national origin. 14. CONFLICT OF INTEREST Both Parties covenant tut. it has no interdst and will not. acquire any interest-direct-or indirect, ‘which would conflict ia any manner or degree with the performance of services required.tv be performed under this MOU. 15. NOTICE General Contract No, Initials: ast GO37D0ET20 a Movs Ee: ie OPCMR Any notice required to be given b y the Terms of this MOU shall be deemed to have been piven 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 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 Racquel Berry-Benjamin' Commissioner Department of Education 1834 Kongens Gade St. [homas Vi 00802 My Hrother’s Workshop Jenny Hawkes Executive Director 26A Charlotte Amalie St. |homas, V1 00802 IN WITNESS WHEREOF, the parties have hereunto set their hands above on the day and year first written, WITNESS, GOVERNMENT OF THE VIRGIN ISLANDS Alz fooz0 Rafquel Berry-Benj tin, Commissioner L/ Date Department of F-ducation General Contract No. Initials: i: a GO.37D0ET 20 / pret eg fF b LEE es, Executive Director 13/39 uf 9g g A wl t's Workshop iu Hoge ln & Anthony & | homas, Commissioner Milny >. Cho apnsrron0 Date Department of Property and Procurement APPROVED AS 10 LEGAL SUI FICIENCY Digitally signed by Carol E. McDonald, DFPARI MENT OF JUSTICE BY: ____ Carol E. Date DN: cnsCarol E, McDonald, Esq., 0, ou, email=carol. mcdonald@doy.vi.gov, » c=US McDonald, Esq Date: 2020.03.30 15:34:18 -04'00' | peek: corti that this is a true an d exact copy of MOU No between the entered into Department of Property and Procurement and My Brother's Wi orkshop.. Anthony D. Thomas, Commissioner Department of Property and Procurement General Contract No. Initials: OF aa GO37D0ET70