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06/26/2023 Approved pursuant to Section 7.b. of Executive Order No. 477-2016 7/18/2023 Renewal Option No. 2 to G031DOET21 06/29/2023 OPCMR EXERCISE OF RENEWAL OPTION GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF PROPERTY & PROCUREMENT CONTRACT NO.: G031DOET21 DATED: June 1, 2021 EXERCISE OF RENEWAL OPTION Contractor Description of Scope of Work/Services Jobs for America’s Graduates, Inc. 1600 Duke Street Suite 210 Alexandria, VA 22314 To help identified students acquire employability skills, graduate, and receive follow-up service. Pursuant to the renewal option provision of Contract No. G031DOET21, and subject to the appropriation and allotment of necessary funds, notice is hereby given that the Government of the U.S. Virgin Islands, Department of Labor exercises its option to renew and does hereby renew the aforementioned contract for the period July 1, 2022 to June 30, 2023, at the stipulated cost therein. All the terms, covenants, and conditions of the contract affected shall continue in full force and effect. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. Please acknowledge receipt and acceptance hereby signing and returning to: The Department of Property and Procurement 8201 Sub Base, 3rd Floor St. Thomas, VI 00802 ____________________________________________________________________________________ ACKNOWLEDGMENT & ACCEPTANCE: GOVERNMENT OF THE VIRGIN ISLANDS _________________________ _________________________ ____________________________ Kenneth M. Smith Gary Molloy Commissioner Racquel Berry-Benjamin President/CEO Department of Labor Department of Education DATE: _____________ DATE: _____________ DATE; _______________ ____________________________________ DATE: ______________ Anthony D. Thomas, Commissioner Department of Property & Procurement 6/28/2022 06/29/2022 Victor Somme, III 6/30/2022 Renewal No.: G056DOLT22 6/24/22 I — OPCMR MEMORANDUM OF AGREEMENT BETWEEN JOBS FOR AMERICA’S GRADUATES, INC. & THE VIRGIN ISLANDS DEPARTMENTS OF LABOR & EDUCATION THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY & PROCUREMENT THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this day of ______, , in the Territory ofthe Virgin Islands, by and between the Government ofthe Virgin Islands, Department of Property and Procurement, on behalf of the Virgin Islands Department of Labor and the Virgin Islands Department of Education (hereinafter referred to as “Government”) and Jobs for America’s Graduates, Inc. (hereinafter referred to as “JAG”). \ WITNESSETH: WHEREAS, VIIJE, pursuant to Title 3 Virgin Islands Code, 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 maybe prescribed by law, to fulfill this duty; and WHEREAS, DOL, pursuant to Titles 3, 24, 27 & 29 of the Virgin Islands Code; the Workforce Investment Act of 1998; the OSHA Act of 1970; and other Federal laws which require the development of administrative structures that govern and enforce fair labor standards and the protection of the people of the Virgin Islands from any threat to health, morals, and general welfare. WHEREAS, both the VIDE and the DOL have identified a need to take action to ensure that students that are most likely at risk of not graduating from high school are encouraged to remain in school and attain employability skills through classroom and work-based learning experiences that would lead to a career; and; WHEREAS, the Government is in need of the services of a Contractor to implement an affiliation program to help identified students acquire employability skills, graduate and receive twelve (12) months of follow-up services that will transition them into a career and/or have them pursue a post-secondary education to enhance career entry and advancement.(which duties and 1 General Contract No. __________ Initials: ___ 1st June G031DOET21 OPCMR responsibilities are more particularly described in Addendum I (Scope of Services) attached ‘hereto; and made part of this agreement; and WHEREAS, JAG represents that it is willing and capable of providing such services and WHEREAS, the Contractor was selected in accordance with 31 V.I.C. § 239(a)(8), NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intendingto be legallybound by this written instrument, the parties hereto do covenant and agree as follows: 1 SERVICES JAG (Jobs for Americas Graduates) will provide the services described in Addendum I (Scope of Services) attached hereto and made a part ofthis agreement. 2. TERM AN]) EFFECTiVE DATE The term of this MOA shall be from July 1, 2019 to June 30, 2022. Upon the date of execution of this MOA by the Commissioner of the Department of Property and Procurement, this MOA shall become effective for the Term set out herein. The Government in its sole discretion, shall have the option to renew this MOA for a period oftwo (2) additional one (1) year periods subject to the same terms noted herein, by providing the JAG with sixty (60) days written notice of the Government’s election to renew. 3 COMPENSATION The Government in consideration of the satisfacto peormance of the services described in Addendum I (Scope ofServices), agrees to pay JAG a sum not to exceed Ninety Thousand Dollars ($90,000.00) in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this MOA. 4. TRAVEL EXPENSES Inclusive ofthe compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging, and other travel expenses while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed N/A ($ N/A). 2 initials: _____ General Contract No. G031DOET21 G031DOET21 11 I :..G OPCMR 5. RECORDS JAG when applicable, will present documented precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS JAG agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this MOA shall become the property ofthe Government and shall be turned over to it at the termination of this MOA. The above-described materials shall not be used by JAG 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, firms, associations, or corporations engaged by JAG 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 Contractor of whatsoever nature, including but not limited to unemployment insurance and social security taxes for JAG, its servants, agents or independent contractors. 9. ASSIGNMENT JAG shall not subcontract or assign any part of the services under this MOA without the prior written consent of the Government. 10. INDEMNIFICATION JAG 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 JAG under this MOA and arising from any cause, except the sole negligence ofGovernment. 11. INDEPENDENT CONTRACTOR JAG shall perform this MOA as an independent contractor and nothing herein contained shall be construed to be inconsistent with this relationship or status. 3 General Contract No. Initials: _____ G031DOET21 OPCMR 12. GOVERMNG LAW This MOA shall be governed by the laws ofthe United States Virgin Islands andjurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision ofthis 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 ofsuch 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 ofthe terms, conditions orprovisions ofthis 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 ofthe 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 JAG, such sums as Government may deem ample to protect it against loss or to assure payment ofclaims 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 inunediately notify the JAG in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Govenunent if and while JAG-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 ofthe Commissioner of the Department of Property and Procurement. 17. TERMINATION 4 General Contract No. Initi G031DOET21 OPCMR Either party will have the right to terminate this Contract with or without cause on sixty (60) days days written notice to the other party specifying the date oftermination. 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 sixty (60) days written notice to the JAG. This partial termination shall be effected by delivering to the JAG a Notice of Partial Termination specifying the extent to which the term and/or duties under this MOA are terminated and the date upon which such termination becomes effective. The JAG- shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the sixty (60) day notice. 19. NONDISCRIMINATION 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 JAG 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 8201 Sub Base, Suite 4 St. Thomas U.S. Virgin Islands 00802 GARY MOLLOY Commissioner Department of Labor 4100 Sion Farm, Suite I Christiansted, VI, 00820 5 General Contract No. Initials: _____ G031DOET21 22. LICENSURE RACQUEL BERRY-BENJAMIN Commissioner Department of Education 1834 Kongens Gade St. Thomas, 00802 SHENIKA SEBASTEIN Council ofAffiliates Department of Labor 4401 Sion Farm, Suite 1 Christiansted, VI, 00820 KENNETH M. SMITH President/CEO Job’s for America’s Graduates 1729 King Street Suite 100 Alexandria, VA 22314 JAG covenants that it has: (c) obtained all ofthe 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. Addenda I and II attached hereto are a part of this MOA and are incorporated herein by reference. 24. DEBARMENT CERTIFICATION By execution of this MOA, the JAG-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. JAG 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 JAG or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the JAG or subcontractor agrees that it shall not be entitled to payment for any work performed under this MOA or any subcontract and that the JAG or subcontractor shall promptly reimburse the Government ofthe Virgin Islands for any progress payments heretofore made. 25. FALSE CLAIMS General Contract No. 6 hñtia1sE OPCMR \ 23. OTHER PROVISIONS G031DOET21 • ,.O° OPCMR. JAG 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. JAG acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING JAG acknowledges that this MOA is funded, in whole or in part, by federal finds. JAG warrants that it shall not, with respect to this MOA, make or present any claim knowing such claim to be false, fictitious, or fraudulent. JAG acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. 27. FACSIMILE, 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. 7 initiais:,E INTENTIONALLY LEFT BLANK G031DOET21 05/11/202 1 Date Anthony D. Thomas, Commissioner Department of Property and Procurement / kennethM Sm h President/CEO Jobs for America’s Graduates, Inc. Date APPROVED AS TO LEGAL SUFFI9WNC N. DEPARTMENT OF JUSTICE Date 6/1/2021 is an ttorneyenera1 PURCHASE ORDER NO. General Contract No. 8 Initials: ____ OPCMR IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS 05/11/2021 Date ‘oy±on Department of Labor Ra uel erry-Benj in, omnussioner Department of Education 6/1/2021 G031DOET21