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AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGIN ISLANDS DEPARTMENT OF EDUCATION & BEAUTIFUL DREAMERS, LTD DBA BEAUTIFUL DREAMERS BEHAVIORAL AND EDUCATIONAL CENTER THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT This Amendment is made this day of 2023, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Education (DOE) and Beautiful Dreamers, Ltd dba Beautiful Dreamers Behavioral and Educational Center through the Department of Property and Procurement. WITNESSETH: Whereas, DOE is responsible for the general authority over public education to promote the cause of education and to achieve a high level of general education throughout the Virgin Islands pursuant to Title 3 V.I.C. Section 96(a)(l); and Whereas, the DOE is responsible for the development, implementation, and monitoring of instructional programs for all K-12 students and adult learners, as well as, provision of support services pursuant to pursuant to Title 3 V.I.C. Section 96, V.1. Code; and Whereas, Beautiful Dreamers Behavioral and Educational Center, was established in 2013 to provide services to students with learning disabilities, mental health conditions, and behavioral health prevention services in a culturally appropriate setting; and Whereas, the DOE and Beautiful Dreamers Behavioral and Educational Center have a common interest in ensuring the mental health of students; and Whereas, Agreement No. GO16DOET23 was executed by the Commissioner of Property and Procurement on March 1, 2023 (hereinafter referred to as “Agreement”) to combine efforts in ensuring the mental health of students; and Whereas, the Agreement is due to terminate on February 29, 2024; and Whereas, the Parties are seeking to amend the MOU adding Speech and Occupation Services to the services offered by Beautiful Dreamers Behavioral and Educational Center. General Contract No. — Amends GOI6DOET23 OPCMR Initials: ______ 15th November Amendment No. 1 to Memorandum of Understanding No. G016DOET23 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: Paragraph 3: RESPONSIBILITIES/TASKS Subparagraph 3.2 is hereby amended by deleting the existing language contained therein and replacing it with the new language as follows: Beautiful Dreamers Behavioral and Educational Center shall be responsible for: (a) Limited training of school personnel (teachers, counselors, and deans) to accurately identify risk factors in students and methods for linking students to services. (b) Providing direct therapeutic interventions in person and/or virtual to students on a biweekly basis in their school settings. These interventions will include: • Group interventions delivered to groups of no more than 12 participants. • Individual sessions on an as needed basis, based on referrals by school personnel. • Therapeutic modality will be trauma-informed using Cognitive Behavioral Therapy and other therapeutic modalities using a Person-Centered approach with psycho- education, and skills/strategies. (c) Retrieving all necessary waivers and consents from parents prior to students’ participation in the project. (d) Providing behavioral and mental health services based upon the consent of the parents to students as part of school suspension referrals (e) Providing Speech and Occupation Services. 2. This Amendment is subject to the approval of the Commissioner of Property and Procurement of the Virgin Islands. 3. Except as expressly amended in the Amendment, all terms of the Agreement remain in full force and effect. 4. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES :A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. General Contract No. _________ 1/ , Amends GO16DOET23 Initials: V OPCMR Amendment No. 1 to Memorandum of Understanding No. G016DOET23 TN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. CpNTRACTO,,_._ j. _____ Dr. Vincentia Pau1-Constatin, Director Date Beautiful Dreamers Ltd dba Beautiful Dreamers Behavioral and Educational Center APPROVED AS TO LEGAL SUFFICIJN Y DEPARTMENT OF JUSTICE BY: /sI/ Date 11/15/23 ASSISTANT ATTONY GENIRA INTENTIONALLY LEFT BLANK General Contract No. _____________ Amends GO 1 6D0ET23 Initials: Li1itL OPCMR WITNESSES GOVERNMENT OF THE VIRGIN ISLANDS 1Qrnissioier Dionne Wells- edri Department of Education 10/12/2023 Date Date Lisa Alejandro, Commissioner Department of Property and Procurement 11/15/2023 Amendment No. 1 to Memorandum of Understanding No. G016DOET23 Original emorandum of Understanding I— \( ;,., OPCMR MEMORANDUM OF UNDERSTANI)ING BETWEEN THE VIRGIN ISLANDS DEPARTMENT OF EDUCATION & BEAUTIFUL DREAMERS, LTD DBA BEAUTIFUL DREAMERS BEhAVIORAL AND EDUCATIONAL CENTER THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY ANI) PROCUREMENI’ TillS MEMORANDUM OF UNDERSTANDING (“MOU”) is made thisjday of March 2023, in the Territory of the Virgin Islands, by and betwcen the Government of the Virgin Islands. Department of Education (DOE) and Beautiful Dreamers, Ltd dba Beautiful Dreamers Behavioral and Educational Center through the Department of Property and Procurement. WITNESSET II: Whereas, DOE is responsible for the general authontv over public education to promote the cause of education and to achieve a high level of general education throughout the Virgin Islands pursuant to Title 3 V.I.C. Section 96(a)(l); and Vhereas, the DOE is responsible for the development, implementation, and monitoring of instructional programs for all K-12 students and adult learners, as well as, provision of support services pursuant to pursuant to Title 3 V.I.C. Section 96, V.1. Code; and Whereas, Beautiful Dreamers Behavioral and Educational Center was established in 2013 to provide services to students with learning disabilities, mental health conditions, and Behavioral and Educational health prevention services in a culturally appropriate setting; and Whereas, the DOE and Beautiful Dreamers Behavioral and Educational Center have a common interest in ensuring the mental health of students; and Whereas, the DOE and Beautiful Dreamers Behavioral and Educational Centerdesire to combine efforts in ensuring the mental health of students by entering 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 Proctirement and shall terminate one (1) year thereafter. The Government in its sole discretion, shall have the option to renew this MOU bra period of(hree (3) additional one (1) year periods subject to the same terms noted herein, by providing Beautiful GO16DOET23 .. MOU No. _________________ tnitials: _______ —;‘, OPCMR Dreamers Behavioral and Educational Center 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 MOW. Each Party shall bear all costs associated with the fulfillment of its responsibilities under this MOU. 3. RESPONSIBILITIES! TASKS 3.1 Department of’ Education shall be responsible tbr: (a) Providing school personnel (teachers, counselors and cleans) to receive limited training to accurately identify risk factois in students and methods for linking students to services. (b) Providing physical space conducive to therapeutic care for group meetings. (c) Initiating the first call to parents/guardians for students to receive services. (d) Providing students in need of Behavioral and Educational and mental health services. (el Providing referrals of students who have menial health disorders and/or emotional instability to Beautiful Dreamers l3chavioral and Educational Center (f) Providing Beautiful Dreamers Behavioral and Educational Center with parental consent for students who have school suspension referrals 3.2 l3eautiful Dreamers Behavioral and Educational Center shall be responsible for: (a) Limited trainingof school personnel (teachers, counselors, and deans) to accurately identify risk factors in students and methods for linking students to services. (b) Providing direct therapeutic interventions in person and/or virtual to students on a biweekly basis in their school settings. These interventions will include: • Group interventions delivered to groups of no more than 12 participants. • Individual sessions on an as needed basis, based on referrals by school personnel. • Therapeutic modality will be trauma-i formed using Cognitive Behavioral and Educational Therapy and other therapeutic modalities using a Person -Centered approach with psycho-education, and skills/strategies. (c) Retrieving all necessary waivers and consents from parents prior to students’ participation in the project. (d) Providing Behavioral and Educational and mental health services based upon the consent of the parents to students as part of school suspension referrals. 4. DESIGNATED REPRESENTATIVF Each Party shall designate a representative to oversee its responsibilities under this MOU. Department of Ed ucation designates: 2 Initials: / MOU No. GO16DOET23 OPCMR Ericilda Ottley-Herman Insular Superintendent St. Croix 0 istnct 2174 Hospital Street Christiansted St. Croix U.S. Virgin Islands 00820 Dr. Stephan Jurgen Insular Superintendent St. Thomas/St. John District 1834 Kongens Gade Charlotte Amalic, St. 1]omas U.S Virgin Islands 00802 Beautiful Dreamers Behavioral and Educational Center designates: Dr. Vinccntia Paul—Consiantin Director 5084 None Gade 230 St. Thomas 00802 5. LIABILITY OF OTHERS I\othing in this MOU shall be construcd to impose any liability upon the Government to peisons fHms. associations, or corporations engaged by Beautiful Dreamers Behavioral and Educational Center as servants, agents, or independent contraclors, 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 [axes of Beautiful Dreamers Behavioral and Educational Center of whatsoever nature, including but not limited to unemployment insurance and social security taxes for Beautiful Dreamers Behavioral and Educational Center, its servants, agents or independent contractors. 6 ASSIGNMENI Neither Party shall subcontract or assign any pail of the services or responsibilities under this MOU. 7. INDEMNIFICATION Beautiful Dreamers L3ehavioral and Educational Center 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 l3eautiful Dreamers Behavioral and Educational Center under this MOU and arising from any cause, except the sole negligence of Government. 3 __________________ initials: ‘ ‘C.— MOU No. GO16DOET23 OPCMR 8. GOVERNING LAW This MOU shall be governed by the laws of the United Statcs Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. . WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOU shall be valid 01’ 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 specitled in such signed writing or writings. 10. 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 conitnunications, MOUs, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. 11. CONDITION PRECIDEN’r 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. 12. TERMINATION Either party will have the right to tenninate this MOU with or without cause on thirty (30) days written notice to the other party specifying the date of termination. 13. 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. 14. CONFLICT OF INTEREST Both Parties covenant that it has no interest and will not acquire any imuerest direct or indirect, which would conflict in any manner or degree with the performance of services required to be perfonncd under this MO Ii. 4 MOU No. GO16DOET23 • f/f,;’ Initials: // /L—- 15. NOTICE / OPCMR 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 prcpaid or personally delivered, addressed to the parties as follows: Lisa M. Alejandro Acting Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas Virgin islands 00802 DR. DIONISIE \VELLS-HEDRINGTON Commissioner Department of Education 1834 Kongens Gade Charlotte Amalie, St. Thomas U.S. Virgin Islands 00802 DR. VINCENTIA PAUL-CONSTANT1N Director Beautiful Dreamers Behavioral and Educational Center 5084 Noire Gade Suite 230 St. Thomas 00802 16, INSURANCE: Beautiful Dreamers Behavioral and Educational Center shall maintain the following insurance covcragcs during the term of this MOU (a) COMMERCIAl GEN hRAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one million dollars ($1,000,000.00) for any one person per occurrence for death or personal injury and one million dollars ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ics) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than one million dollars ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. MOU No. GO16DOET23 5 initials: _____ OPCMR (c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 17. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year CO!lTRAC3OR( Dr. Vincentia Paul-Constanti1iitor Beautiful Dreamers, Ltd .1 / _/_j/ :2 Date APPROVED AS TO LEGAL 2/28/2023 DEPARTMENT OF JUSTICE BY: _______ orny MOU No. GO16DOET23 6 II P Initials: V.Y. GOVERNMENT OF THE VIRGIN ISLANDS first above written. WITNESSES Dionne Wells- edrington, C mmissioner Department of Education Lisa Acting Commissioner Department of Property & Procurement 02/09/2023 Date 3/1/2023 Date I