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I; • -- OPCMR MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGIN ISLANDS DEPARTMENT OF EDUCATION ET. AL AND THE ST. CROIX FOUNDATION FOR COMMUNITY DEVELOPMENT THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT THIS MEMORANDUN OF UNDERSTANDING (“MOU”) is made this day of , 2022, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands on behalf of the Department of Education, (hereinafter referred to as “VIDE”) of 1834 Kongens Gade, St. Thomas, VI 00802; Department of Health (hereinafter referred to “VIDOH”) of Charles 1-larwood Medical Complex, 3500 Est. Richmond, St. Croix, VI 00820; Department of Human Services hereinafter referred to as “VIDI-IS”) of 1303 Hospital Ground, Knud Hansen Complex, Building A, St. Thomas, VI 00802; Department of Labor (hereinafter referred to as VIDOL) of 2353 Kronprindsens Gade, St Thomas VI 00802; University of the Virgin Islands (hereinafter referred to as UVI) of 2 John Brewers Bay St. Thomas, USVI 00802-6004; Virgin Islands Police Department (hereinafter referred to as VIPD); Department of Justice (hereinafter referred to as VIDOJ) of 3438 Krondprindsens Gade GERS Building 2nd Floor, St Thomas 00802; Bureau of Economic Research (hereinafter referred to as BER) of 8201 Sub Base VI Charlotte Amalie West, St Thomas, 00802; Department of Sports, Parks and Recreation (hereinafter referred to as VIDSPR) of 8201 Subbase Suite 2. St. Thomas VI 00802; St. Croix Foundation for Community Development (herein referred to as SCF) of 1023 Market Street, Christiansted, VI 00820; each a “Party” or “agency”, collectively “Parties,” “agencies” or “government” through the Department of Property and Procurement (hereinafter referred to as DPP). WITNESSETH: WHEREAS, pursuant to Title 3, Section 96 of the Virgin Islands Code, the Virgin Islands Department of Education (VIDE) is responsible for promoting the cause of education, and achieving 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, pursuant to Title 3 Section 23 and 418 and Title 19, Section 1 of the Virgin Islands Code, the Virgin Islands Department of Health (VIDOH) is responsible for the promotion and protection of Health care in the territory with authority to provide general medical and surgical care of acceptable standards; and. WHEREAS, pursuant to Title 34, section 254 of the Virgin Islands Code, the Department of Human Services (VIDHS) has authority and jurisdiction to cooperate with the [nited States Department of Health and Human Services and other agencies. whether federal. State or territorial in carrying out, the provisions of the Federal Vocational Rehabilitation Act, as amended; and, pursuant to cooperative and other arrangements where necessary. cooperate with, and utilize the services of other agencies as necessary MOU No. ________ Initial 1st July G055DOHT22 - OPCMR WHEREAS, pursuant to Title 24, Chapters 7,10, 16 and 19, the Department of Labor (VIDOL) is responsible for monitoring and regulating public and private employment services, Apprenticeship programs and Standards, Youth Transitional Employment Program, Child Labor, and keeping of certain personnel records; and WHEREAS, pursuant to Title 17 VIC section 454(b), the University of the Virgin Islands (UVI) shall provide instructions, conduct research and disseminate knowledge in the liberal arts and sciences and such other branches of advanced learning; and WHEREAS, pursuant to Title 3 VIC section 257, the Virgin Islands Police 1)epartment (VIPD) shall exercise general control over the enforcement of the laws relating to public safety. and shall administer a police system providing police service for the protection of persons and property within the jurisdiction of the Virgin Islands: and WHEREAS, pursuant to Title 4 Judiciary Chapter 1(a), the l)epartment of Justice (VIDOJ) shall he vested in a court of general jurisdiction created by section 21 of the Revised Organic Act of the Virgin Islands, approved Ju1 22. 1954. as amended, designated the “District Court of the Virgin Islands”. and in courts of the local jurisdiction to be designated the ‘Superior Court of the Virgin Islands” and the court of last resort established pursuant to section2 1(h) of’ the Revised Organic Act. “1 he Supreme Court of the Virgin Islands. Each Court a court of record, WHEREAS, pursuant to Title 3 VIC subsection 4(b), the Bureau of Economic Research (BER) shall regularly conduct special research projects in the tbrm of briefing papers and special anal> ses or surveys and produce routine statistical reports on the state of the economy of the Virgin Islands. WHEREAS, pursuant to Title 32 Chapter 19 sub section 36 1-363, the Department of Sports, Parks and Recreation (VIDSPR) shall ensure that adequate recreation resources is desirable to all levels of government and private levels to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the people of the Virgin Islands. WHEREAS, SCF is an organization with interest in promoting community development throughout the territory and was selected by the Annie E. Casey Foundation (AECF), a national philanthropy focused on child wellbeing, to lead the “KIDS COUNT” initiative in the U.S. Virgin Islands, and, WHEREAS, in order to promote the KIDS COUNT mandate in the territory, the SCF has been charged with the collection, analysis, and sharing of data with AECF and in the U.S. Virgin Islands, and has requested assistance from the VIDE, VIDOH, VIDHS, VIDOL, UVI, VIDOJ, VIDOH, BER, and VIDSPR. WHEREAS the aforesaid agencies have all agreed to partner with SCF to establish the said database, 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: 2 Initial MOUNo. G055DOHT22 OPCMR 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 September 30, 2024. The Government in its sole discretion, shall have the option to renew this MOU for a period of two (2) additional two (2) year terms each subject to the same terms noted herein, by providing the SCF with 60 days written notice of the Government’s election to renew. 2. COSTS There 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 fulfillment of its responsibilities under this MOU. 3. RESPONSIBILITIES! TASKS 3.1 The SCF shall: a. Communicate with partnering governmental agencies individually to discuss and approve required Data Indicators/Points to be collected. A sample of the Data Indicators that will be included but is subject to change will be attached in Appendix I, II, Ill, IV, V, VI, VII, VIII and IX; b. Receive and analyze data; c. Identif’ outliers, trends, and communicate relevant fmdings with agencies; d. Share data and findings with agencies, the Virgin Islands Community and Annie E. Casey Foundation via Kids Count USVI Data Books and other communications; e. Preserve the confidentiality of data received. 3.2 The agencies shall: a. Each designated representative will appoint a direct contact from its respective agency who is familiar with and responsible for data collection and analysis to work with SCF and to coordinate data collection across all relevant agency departments; and b. Collect and submit to SCF information in line with the list of Data Indicators/Points received annually from the SCF, the specifics of which will be mutually agreed upon with each agency. 4. DESIGNATED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. The ‘IIDE designates: Victor Somme III Assistant Commissioner ofEducation Virgin Islands Department of Education No. 2133 Hospital Street Christiansted, Virgin Islands 00820 MOU No. ‘ InitiaJ’ 1 G055DOHT22 OPCMR The Department of Health designates: Justa B. Fncarnacion, Commissioner Department of Health 1303 Hospital Ground — Suite 10 St. Thomas, VI 00802 The Department of Labor designates: Gary Molloy, Commissioner Department of Labor 2353 Kronprindsens Gade, St. Thomas VI 00802 The Department of Human Services designates: Kimberly Causey-Gomez, Commissioner Department of Human Services 1303 Hospital Ground, Knud Hansen Complex, Building A, St. Thomas, VI 00802 The University of the Virgin Islands designates: David 1-Jail, President University of the Virgin Islands 2 John Brewers Bay St. Thomas, USVJ 00802-600 The Virgin Islands Police Department designates: Ray Martinez, Commissioner VI Department of Police Alexander Farrelly Criminal Justice Center St Thomas, VI 00802 The Department of Justice designates: Denise George, Attorney General 3438 Krondprindsens Gade GERS Building 2nd FLoor St Thomas 00802 The Bureau of Economic Research designates: Allison DeGazon, Director 8201 SubBase Charlotte Amalie West St Thomas, 00802 I > MOU No. 1nitials G055DOHT22 K’ OPCMR The Department of Sports, Parks and Recreation designates: Calvert White, Commissioner 8201 Subbase Suite 2 St. Thomas VI 00802 The SCF designates: Deanna James, President St. Croix Foundation Inc. 1023 Market Street, Christiansted, V100820 5. OTHER PROVISIONS: Appendix I, II, III, IV, V, VI, VII, VIII and IX attached hereto are a part of this MOU and are incorporated herein by reference. 6. 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 SCF 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 SCF of whatsoever nature, including but not limited to unemployment insurance and social security taxes for the SCF, its servants, agents or independent contractors 7. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this MOU. 8. INDEMNIFICATION The SCF 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 St. Croix Foundation under this MOU and arising from any cause, except the sole negligence of Government. 9. 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. 10. WAIVERS AND AMENDMENTS No waiver, modification or amendment ofany term condition or provision ofthis 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 5 MOU No. Initials: I G055DOHT22 OPCMR 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. 11. 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. 12. 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. 13. TERMINATION Either party will have the right to terminate this MOU with or without cause on sixty (60) days written notice to the other party specifying the date of termination. 14. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance ofthis MOU on account of race, creed, color, sex, religion, disability or national origin. 15. CONFIDENTIALITY Parties to this MOU shall comply with any and all local and federal laws regarding confidentiality as to the information herein contained, unless such information is released in compliance with any local or federal law or upon obtaining proper authorization from a party to this memorandum with appropriate notice to other parties. 16. 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 maniier or degree with the performance of services required to be performed under this MOU. 17. 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 Virgin Islands 00802 Mou No. ____________ ) “ 6 1 r G055DOHT22 OPCMR Racquel Berry-Benjamin, Commissioner Department of Education 1834 Kongens Gade St. Thomas, U.S. Virgin Islands 00802 Justa E. Encarnacion Commissioner Department of Health 1303 Hospital Ground - Suite 10 St. Thomas, VI 00802 Gary Molloy Commissioner Department of Labor 2353 Kronprindsens Gade, St. Thomas VI 00802 Kimberly Causey-Gomez Commissioner Department of Human Services 1303 Hospital Ground, Knud Hansen Complex, Building A, St. Thomas, VI 00802 David Hall, President University of the Virgin Islands 2 John Brewers Bay St. Thomas, USVI 00802-600 Ray Martinez, Commissioner VI Police Department Alexander Farrelly Criminal Justice Center St. Thomas, VI 00802 Denise George, Esq. Attorney General Department of Justice 3438 Krondprindsens Gade GERS Building 2nd Floor St. Thomas 00802 7 Initial MOU No. G055DOHT22 Allison DeGazon, Director Bureau of Economic Research 8201 Sub Base Charlotte Amalie West St. Thomas, 00802 Calvert White, Commissioner Department of Sports, Parks and Recreation 8201 Subbase Suite 2 St. Thomas VI 00802 Deanna James, President St. Croix Foundation for Community Development 1023 Market Street Christiansted, VI 00802 ‘ :, - OPCMR 18. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. 1 MOU No. 8 initiaisJ G055DOHT22 OPCMR IN WITNESS WHEREOF, tha parties have hereunto set their hands on the day and year first above written. WITNESSES: ST CROIX FOUNDATION FOR COMMUNITY . DEVELOPMENT dba ST. CROIX FOUNDATION Jftp’ ____ d 447-2z Deanna JansLdent Dale GOVERNMENT OF THE VIGIN ISLANDS —i4. /ji 5l13I2O22 -‘ Racquel Betry-BcqjaiIiin Date Commissioner Department ofEducation ____ ___________ 3/22/2022 JU& E. Ic1wnaCIOfl Date Commiasioncr Department of Health _______ ___________ OS. 17.2Q22 Kimberly Causcy-Gomez Date Commissioner Department of Human Services _________________ 7/2022 Department of L.abor 05/17/2022 David Halt, President Date University ofthe Virgin Islhnds VIPa ceDcpaztment 9 MOU No. —G055DOHT22 Denise George, Esq. U Attorney General Depanc Allison DeGawn, Director Bureau of Economic Research ‘C&f’ert White, Commissioner Department of Sports, Parks and Recreation OPCMR Date 5/17/2022 Date 5/12/2022 Date Anthony D. Thomas, Commissioner Department of Property and Procurement Date APPROVED AS TO LEGAL Si DEPARTMENT OF JUSTICE BY: MOU No. - 10 tnitials;” Date ____ a— 7/1/2022 G055DOHT22