OPC1R
MEMORANDUM OF
UNI)ERSTANI)ING BETWEEN
THE VIRGIN ISLANDS STATE WORKFORCE I)EVELOPMENT
BOARD(SWDB)
&
THE VIRGIN ISLANDS DEPARTMENT OF LABOR (‘IDOL),
THE VIRGIN ISLANDS BUREAU OF CORREC1’ION(BOC),
THE VIRGIN ISLANDS I)EPARTMENT OF EI)I,ICATION,
UNIVERSITY OF THE VIRGIN ISLANI)S (UVI),
MICHAEL P. HAND ANI) ASSOCIATES, INC.
HOSPITALITY SERVICES TRAINING IN(’ORPORATED d/h/a/ HOST-U
SE R V ICES
THROUGH
THE VIRGIN ISLANI)S I)E PARTMENT OF PROPERTY AND
PROCUREMENT
THIS
MEMORANDUM
OF
UNDERSTANDING (“MOU”)
is made this_ day
of’
202 I
. in the Ierritor of’ the \Iirgin Islands. by and hct ecu the Government of’
the Virgin Islands. \\‘orkfarce l)evelopment Board. Virgin Islands I)epartment of’ Labor. l’he
Virgin Islands Bureau ol’ Corrections. l’he Virgin Islands I)epartment of’ Education.
I. ni. ersitv of’ the ‘Virgin Islands (1 VI). Michael P. I—land & ,\ssociates. Inc.. and Hospitalit
Services Framing Inc.. d/b!a
I lost—I. I 5cr-vices through the Department of’ Property and
Procuent.
WITNESSETH:
Whereas, the Virgin Islands Workforce Development Board is responsible for policy making
and is charged with strengthening the workfbrce development system by collahoratively building
strong partnerships with secondary and post—secondary education, economic development and
the business and private sector to align and improve economic gI’O th in the \‘irgin Islands
pursuant to Executive Order 49()—20 I 9: and
Whereas, the Virgin Islands Department of’ Labor (\1 IDOl.) receives its authority pursuant to
Titles 3. 24. 27 and 29 oFihe Virgin Islands (‘ode. \\‘orkt’orcc Innovation and Opportunity Act
(20 14). the Occupational Sal’et and
I Iealth Act ( OSI IA) of’
I 970. and other Federal la s which
require the development of’ administrative structures that govern and enf’orce fair labor standards
and protect the people of’ the Virgin Islands from any threat to health, morals. and general
welfare.: and
Whereas. the Virgin Islands l3ureau of Corrections is responsible for providing for the custody.
care. discipline, training, treatment and study of persons committed to correctional institutions or
on probation or parole. and to supervise and assist in the treatment. training and studs of persons
lnitials:
General Contract No. G019SWDT21
4th
February
OPCIR
in correctional and detention l’acilities. so that such persons may be prepared for release.
aflercare and supervision in the community For pursuant to Title 5. Section
. of the Virgin
Islands Code: and
Vhercas, the \Iirgin Islands Departiiient of Education, pursuant to iitle3 Virgin Islands Code.
Section 96, is required to promote the cause of education, and achieve a high Ie\ ci of general
education throughout the Virgin Islands. and is authorized to exercise such
ers. and perform
such other duties and functions, as may be prescribed by la . to fiil nil this duty: and
\Vhereas. The U niversitv of the \! irgin Islands (U \/ I) is responsible for the stimulation and
utilization of the intellectual resources of the people of the \‘irgin Islands and the development of
a center of higher learning whereby and vhereIlom the benefits of culture and education ma be
extended throughout the \‘irgin Islands. the Caribbean and other areas pursuant to Title 17.
Section
. of the Virgin Islands Code: and
\Vhcreas. Michael P. I-land & Associates. Inc. is a Domestic Pro lit Corporation v ith forty—five
(45) years of service in the Virgin Islands who provides commercial general contracting ser ices
in the Ierritorv:
Whereas. l-lospital itv Services Training Inc.. cl/b/a l-lost—t J Services is a I )omestic Profit
Corporation with twenty—two years of service in the Virgin Islands. who provides training.
placement. consulting and cleaning in the lerritory:
Whereas, the agencies have a common interest in ensuring the development and implementation
of career pathway programs in demand sectors and occupations for men and women who are at
least eighteen (I 8) years old and ho are enrolled in work release programs ( \VRPs) in the United
States Virgin Islands. providing a strategy to prioritize services to veterans that are in these \VRPs.
defining and mapping out a sequence of education. training and vorkfiree skills to result in skilled
workers that meet employers’ needs, and creating linkages and coordinating education and training
services in ways that enable workers to attain such credentials. and ultimately. employment: and
Whereas. the agencies desire to combine eflbrts in ensuring the establishment of a committed
Career Pathways Collaborative (CPC ). to include representatives from the vorkforee system i.e.
VI State Workforce Development Board. VI [)epartrnent of [,ahor. (WDB). Work Release
Program WRP i.e.VI Bureau of Corrections. Education i.e. The Virgin Islands Department of
Education and
The U niversitv of ‘l’he Virgin Islands (U VI). employers and/or industry
Initials:
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General Contract No.G019SWDT21
OPC \ I R
associations i.e. Michael P.
I land & Associates. Inc. and 1—lospital itv Services Training. Inc. db-’a
I lost4 Services:
Whereas, (‘PC
ill create a career path av(s) program that I) defines each organization’s
speci lie roles and responsibilities including the icienti lication of a career path ny(s) in demand
sector(s) v ithin their communit\ . and 2) pros ide an integrated set of’ critical participant—level
services such as case management and skills training that enable participants to get on the career
path av( s) and advance along those path avs as the acquire acid itional skills. by entering into
this MOLT.
NOW, TI-I FREFORE. in consideration of the mutual covenants herein contained, and
intending to be legally bound by this written instrument, the iar es hereto do covenant and
agree as f’ol lows:
1. TERM AN1) EFFECTIVE I)ATF
[his MOl I shall be et’fëctive upon the date of execution of’ this MOU by the Commissioner ol’
the Department of’ Propertvancl Procurement and shall terminate three (3) years thereafler. [he
Government in its sole discretion, shall ha e the option to renev this MO(
for a period of one (I
additional year subject to the same tenus noted herein. b providing Michael P.
I land &
Associates. Inc. and I lospitalitv Services ‘I raining cl/b/a
I lost—U Services v ith sixty (60) days
ritten notice of the Government’s election to renew.
2. COSTS
There shall he no exchange of’ f’unds bet ccii the Parties t’or the perf’ormance of’ tasks under this
MO I. l’ach Party shall bear all costs associated with the Ilil f’illment of’ its responsibilities under
this MOV.
3. RESPONSIBILITIES! TASKS
3.1 The \-‘irgin Islands State \Vorklbrce De elopment L3oard shall he responsible For:
(a) 1-losting Collaborative Partnership Meetings at \\‘orkt’orce Development Board ( \VDB)
offices:
ih) Inviting community members to join the collaborative:
(C) Examining and re—working policies across the Career Pathwa s Collaborative ((‘PC) to
enable greater blended Funding and service delis cry alignment: and
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General (‘ontract No. G019SWDT21
OPCMR
(d) Convening employers and industry associations to understand their spec ilk
orkiorce
needs in demand sector(s) and occupation(s).
3.2
1 )epartment of Labor shall be responsible for:
UI) Providing job search assistance. job placement services, career guidance. skills
assessments. assistance with resume
riting. and valuable connections to employers
jib jobs:
b) Providini sources of local labor market in formation flr identi l\ ini v hich industry
sectors are in demand
thin a local vorkorce area and are most likely to hire returning
citizens:
(c) Coordinating vorklorce services, which may include the following services: support of
paid and/or unpaid work experience. On—the—Job ‘Iraining ( ( ).ll ). internships.
apprenticeships. and unsubsidized lull and part—time employment placement assistance:
and
(d ) Securing real—time labor market information data collection to identi f’ in demand
sectors.
3.3 Virgin Islands Btireau ol’ Corrections shall be responsible for:
(a) Providing copies and access to olThnder risks assessments for coordinated treatment
planning. providing space for the pie—release programming to VI l)epartment of Labor
VIL stall’ and training p11’t ners:
(b) Ensuring participants attend all pre—release planned programming and access all services
dehned on the ‘l’ransition Accountability Plans:
(c) Serving an active role on the Career Pathways Collaborative ((‘PC):
(d) Providing General Educational l)evelopment Test (( lI )) training and assistance to all
program participants (as applicable):
(e) Engaging employers, recruit and make rekrrals to jobs for returning citizens, and
provide some supporti\ e services:
fl
Ensuring accotintabi I itv of Work Release Program ( WRP ) participants 24 hours a da /7
days per week: and
g) Examining and i’e— ork policies across the Career Path avs Collaborative (C PC) to
enable greater blended funding and ser ice del iver al ignnien.
3.4 lhe \1irgin Islands Department of Education shall he responsible for:
(a) Identifying and Mapping out Clear C’areer Pathway(s) in Demand Sectors: and
(h) Analyzing industry competency models to identify knowledge, skills. and abilities for a
demand sector and create occtipational career pathays v ith this information.
lnitialt
(ieneral Contract No. G019SWDT21
t4j,
OPCMR
3.5 The l.niversitv ol’ the Virein Islands (I.
I \‘I ) shall be responsible liar:
a) Ident i fving and Mapping out ( lear Career Path av( s ) in
I )emand Sectors: and
b) Analyzing industr competenc models to identil\ kim ledge. skills, and abilities liar a
demand sector and create occupational career path a s ‘. ith this inliarmation.
3.6 Michael P.
1 land & Associates. Inc. shall be responsible Ior
(a) l)e in ing the sk
I Is needed liar positions:
(h) Providing
ork—based learning opportunities including
‘ ocational training. internships
and apprenticeships. and. ultimately, permanent jobs as part oF a career path a s
program:
(c) Determining the sectors wound
hich to build the career patlm a s: and
Exam inin and re—fl ork i ng policies across the Career Path avs ( ‘ol laborat ive ( CPC ) to
enable greater blended l’unding and service del iverv alignment.
3.7 I lospital it Services 1 raining Inc.. d/b!a
I Iost—I Ser ices shall be responsible liar:
(a) Dc lining the skills needed fl,i positions:
b ) Providing v ork—based learning opportunities including
oeationa I training. internships
and apprenticeships. and. u ltimatel
. permanent jobs
part ol’ a career pathways
program:
(C) Determining the sectors around v hich to build the career pItl1\\ avs: and
(d) Examining and re— orking policies across the Career Pathways Collaborative ((‘PC) to
enable greater blended Funding and service del iverv alignment.
3. DESIGNA1’El) RELRFSFNTA’1’IVE
Each Part\ shall designate a representative to oversee its responsibilities under this MOU
I ‘irm,’iii J1mi/s S’ta JVo,k/brce DL’rL’/o/nnt’II! l3ocird c’/c’sitIuh!e:
Michael Cartv. Chairman. 8(1 Kronprindsens (lade. Ste 200. St. Ihoinas. VI 00802
‘i,gin Islam/N I)cpauinwni a! I.al,or (lcsim,’llaIcs:
Gary A. Molloy. Coinniissioner. 44(11 Sion Farm. (‘hristiansted. VI 00820
lnitials
General Contract No.G019SWDT21
()PCMR
I ii’iii I.s/(lil(& 1310 eiii of ( or1eQ1ion. c1c’.vigiiaics:
\Vvnnie lestamark. Director. \‘iri.in Islands Bureau of Corrections, Rural Route
I
. Box 9955.
Kineshill. VI. 00850
1 iigiii J1u,ut l*’parlnwnI of Education des/gnu(es:
Racquel llerrv—Benjamin. C’o missioner.
I 834 Koncens (iade. St. Thomas. VI 00802
Lnivc’,sii’ of I/ic I •in.iii tcfuiuls ((
1 1):
David I lal I. SJI). President. 2 John Bre’.’. ers [3av. St.
humus. VI 00802—9990
iicIiti’/ P. Ihoid & .1SS0c1(lI(’, Inc.
dc’.vIgiiaIe.:
lichael P. I land. President. 63 West Val 1ev RI). (liristiansied. St. Croix. VI 00820
flo.’yiiciIitt ,Sc’,eicc’s T,ai,ij,ii. Inc. d h a lios,’— (
.S’c’,iiccs ck’siç’iuiies:
Samuel Rev. President/CEO. Post Ollice Box 11505. St. Thomas VI. 0080 I
5. LIABILITY OF OTI-IERS
Nothing in this \‘IOU shall be construed to impose an liability upon the ( Io ernment to persons.
hrms. associations, or corporations engaged by Michael P. I land & Associates. Inc. and
I lospitality Ser ices Training. inc. a/b/a! i-lost—i. I Ser ices as servants. agents. or independent
contractors, or in any other capacit\ v hatsoever. or make ( iovernment liable to any such
persons. irms associations, or corporations Ibr the acts, omissions, liabilities, obligations and
taxes of Michael P.
I land & Associates. Inc.. and Ilospital it Services Training Inc. d/biaI
I lost—
U Services ol’
hatsoever nature. including hut not limited to unemployment insurance and social
security taxes fl.r Michael P.
I land & Associates. Inc.. and
I Iospitalitv Scr ices Iraining Inc.
d/b!aJ I lost—U Services, its servants. ai.ents or independent contractors.
6. ASS1GN’IENT
Neither Party shall subcontract or assign any part of the services or responsibilities under this
NIOU.
7. INDFMNIFICATION
Michael P. I land & Associates. Inc.. and 1-lospitality Services Training d/b/a! ilost—U Services
agrees to indemnify, defend and hold harmless Government from and aeainst any and all loss.
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General Contract No.
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Initial
G019SWDT21
OPC\IR
damage, liability, claims, demands, detriments, cost, charges and expense (including attorneys
f’ees) and causes of action of’ whatsoever character
hich Government may incur, sustain or be
subjected to. arisin2 out of or in any way connected to the ser ices to be performed by Michael
P.
I land & Associates. Inc. and I lospital it Services Training d/b’a/ I lost—I
Services under this
M( )U and arising l’rom any cause, except the sole negligence of Government.
8. (;OVERNIN(; LAW
Ibis MOli shall he governed h the la s of the I nited States Virgin Islands and jurisdiction
shall remain in the tinted States Viniin Islands.
9. WAIVERS ANI) AMEN1)iIENTS
No waiver. modification or amendnient of’ an\ term condition or provision of this MCI. shall be
valid or of’ any force or effect unless made in v riting. signed by the parties hereto or their duR
authorized representatives, and spcci Ring v ith part icu alit)’ the nature and extent of’ such
v aiver. modification or amendment. An\ such waiver, modification or amendment in any
instance or instances shall in no e’ ent be construed to be a general v aiver. modification or
amendment of’ any of the terms. conditions or pros isions of this Ni( )t 1, hut the same shall be
strictly limited and restricted to the extent and occasion specified in such signed \\ riting
01’
ritings.
Jo. ENTIRE A(;REEMENT
This MOli constitutes the entire agreement ol’the parties relating to the subject matter addressed
in this agreement.
Ihis MOIJ supei’sedes all prior communications. MOIJs.
01’ agl’eements
between the parties
ith i’espect to the subject mattel’ addi’essed in this Agi’eement. whether
\\ritten or oral.
ii. CONDITION IRECEDEN1’
1 his MCLI shall be subject to the a’ ailabil it
and appropriation of’ funds and to the approval of
the Commissioner of’ the Department of Propert
and Procurement.
12. TERMINATION
lither party will have the l’ight to terminate this MO!. I with or v ithout cause on SiXty (60) days
\\ritten notice to the othet’ part speciRine the date of’ termination.
7
Initials:
General Contract No. G019SWDT21
()P(’\IR
13. NON-I)ISCRIMINATION
No person shall be excluded from part ici paling n. be denied the proceeds of or be subject to
discrim naflon in the performance of 1)1 is vI(fl I on account of race. creed. color. sex. religion.
disability or national origin.
14. CONFLICT OF INTEREST
l3oth Parties covenant that it has no interest and
ill not acquire any interest direct or indirect.
which
ould conflict in any manner or degree
ith the performance ol services required to be
performed under this MOLT.
15. NOTICE
Any notice required to be given by the
I erms of this MDI.
shall be
deemed to have been given when the same is sent b\ certified mail.
postage prepaid or personally delivered, addressed to the parties as
tollows:
ANTI tONY 1). II IOMAS
Commissioner
Department ol’ Propert and Procurement
8201 Sub Base. Suite 4
St. Thomas \1irgin Islands 00802
MICI lAII. (‘ARl’Y
C’hairman
\‘l State Worl force Development Board
80 Kronprindsens (jade. Ste. 200
St. Thomas. VI 00802
GARY A. MOLLOY
Commissioner
VI Department ot’ 1.abor
4401 Sion Farm. Christiansted
St. Croix. VI 00820
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Initials:
General Contract No.G019SWDT21
OPCMR
WYNN fl: TESTAMARK
Director
VI Bureau ol (orrections
Rural Route
I
Box 9955. Kinishill
St. Croix. \‘I 00850
RACQ( ‘1:1. BERRY-BENJAMIN
C’omm issioner
F)epartncnt ol’ Education
I 834 Kongens Gacle
St. Thomas VI 00802
MINDY S0I.IVAN
l)irector
University oF the Viruin Islands
2 John Bre ers I3av
St. Thomas. VI 00802
MIC’l IAEI, P.
1 IANI)
President
vl ichaci P.
I land & Associates.
Inc. 63 West VaIlc RD.
C’hrisiiansted
St. Croix. VI 00820
SAMUEL REV
President/CEo
Hospitality Services Training
a/b/al I lost-li Services
Post 0111cc Box
I I 505
St. Ihomas. VI 0080 I
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year
tirst above
vritten.
9
1%
I nitials:(1
(leneral Contract No.
G019SWDT21
GOVERNMENT OF THE VIRGIN ISLANDS
1/30/i
v1ichae1 Cprty, ,hairman
Date
VI State Workfotcc Development Board
:(J
Gar) A. MolIov, Commissioner
Department of Labor
Wynnic Tcstamark, Director
Bureau of Corrections
c4O2J
Dale
-hazL
Racquci Bcrry-I3cnjamin
Commissioner
Department of Education
David Hall, SJD
President
02/01/2021
Date
02/01/2
Date
University of the Virgin Islands
t0
Initials:
____
OPC1R
WITNESS ES:
—
-
I/
01130/21
Date
General Contract No.
_________________
G019SWDT21
:5’-
-
Anthony D. Thuma,. Commissioncr
Department of Property and Procurement
DEPARTMENT
2/4/2021
Assistant
t
rney
eneraI
--
CLRTII-ICATLi Oi- APPROVAL
hereby certify that this is a true and exact copy of MOL No.
entered into
,etvcen the Department of Propcrty and Procurcinem and________________
Anthon
D. Thomas. Uummissioncr
Department of Property and Procurenient
TI
[niiI 2i f—(-
(7
(H’(MR
Date
/
P. Hand. President
Michaci p. j land & Associates
Samuel Rev
Date
Hospitality Services Trainiiii Inc.. d h a [-lost-Li Services
I flCIJ[
(
&t1LT.1t \o
2/4/2021