OPCMR MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGIN ISLANDS PUBLIC BROADCASTING SYSTEM & THE VIRGIN ISLANDS OF DEPARTMENT OF EDUCATION THROUGH THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT THIS MEMORANDUM OF UNDERSTANDING (“MOU") is made this \ | day of INV , 2020, in the Territory of the Virgin Islands, by and between the Government of the Virgin ees Public Broadcasting System (“WTJX”) and Virgin Islands Department of Fducation, each a “Party” or collectively “Parties,” through the Department of Property and Procurement. WITNESSETH: WHEREAS the Virgin Islands Department of Education is responsible to promote the cause of education and achieve a high level of general education throughout the Virgin Islands pursuant to Title 3, Chapter 7, Section 96(a)(1) of the Virgin Islands Code; and WHEREAS the Virgin Islands Public Broadcasting System is responsible for advancing the general welfare, education, cultural development and awareness of public affairs of all the population of the Virgin Islands pursuant to Title 30,Section 151(b) of the Virgin Islands Code; and WHEREAS, COVID-19 has become a global pandemic resulting in the forced closure of public and non-public schools and activity centers, disrupting daily educational instruction of Pre-Kindesgarten to Twelfth (PreK-12) grade students in the Termtory of the Virgin Islands, and WHEREAS, the VIDE has implemented the eTcacher Network, un initiative focused on providing remote leaming through mediums of mass communication such as radio and television broadcasting; and WHEREAS, the agencies desire to combine efforts by offering local educational programming on WTJX, 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 aprec as follows: 1. TERM AND EFFECTIVE DATE This MOU shail be effective upon the date of execution of this MOU by the Commissioner of the Department of Property and Procurement and shall terminate on June 4, 2020,. ! General Contract No. VIDE Initials: VIBS Initials: ; Py GO042Do0E 720 OPCMR 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 Appropriate educational programming by grade-level is broadcasted simultancously as pre- recorded videos of up to eighteen (18) hours per week. Instruction will be by prade-span: PreK- 2, 3-5, 6-8 and 9-12 during the hours of 10:00 AM and2:00 PM Monday through Wednesday and 10:00 AM and 4:00 PM on Thursday. Also included are Mental Health and trauma- informed counscling messages/tips through Public Service Announcements (PSAs). The PSAs are aligned with weekly mental health wellness messages focused on coping, decreasing stress, decreasing anxicty, and increasing the overall mental health of students and families. The goal is for one cohesive mental health wellness message to be promoted each week via VIDF’s multiple media platforms. 3.1 Virgin Islands Public Broadcasting System (“WTJX”) shall be responsible for: A. Filming of local teachers providing 30-minute to one-hour lessons on a subject area, up to 18 hours of local content per week B. Broadcast and curate educational programming from its local archive 3.2 Virgin Islands Department of Education shall be responsible for: A. Recruiting retired educators, current teachers, school/district administrators (optional) to provide/submit prerecorded, 30-minute lessons in studio (classroom), by Zoom/MS Teams o1 any other online educational platforms. B. Conducting a jury review of submissions with WTJX technical staff. C. Developing the weekly programming schedule in conjunction with WTJX. D. Promote/publicize the eTeacher Network program internally and externally vin the Department of Educations’ social media platforms. 4, DESIGNATED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. Department of Education designates: 2 General Contract No, _—— VIDE Initials: VIBS Initials: DYE > Victor Somme Assistant Commissioner of Education 2133 Hospital Street St. Thomas, U.S, Virgin Islands 00820 Cynthia.grahami@vide.vi Virgin Islands Broadcasting System (“WTJX”) designates Tanya-Marie Singh Chief Executive Officer 36 & 37 Estate Richmond Christiansted, U.S. Virgin Islands 00820 isingh@wijx.org §. LIABILITY OF OTHERS Nothing in this MOU shall be construed to impose any tiability upon the Government to persons. firmns, associations, or corporations engaged by WTJX 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 WTJX of whatsoever nature, including but not limited to unemployment insurance and social security taxes for WTJX its servants, agents or independent contractors. 6. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this MOU. 7. 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, 8. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or proviston of this 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 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. 3 General Contract No. VIDE Initials: S Initials: ) GO42U0E 720 9. 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, 10. 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. 1. TERMINATION Either party will have the right to terminate this MOU with or without cause on thirty (30) days written notice to the other party specifying the date of termination. 12, 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 13. CONFLICT OF INTEREST Both Parties covenant that it has no terest 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 MOU 14, 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 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 Racque! Berry-Benjamin, Commissioner Department of Education 4 GeneralContractNo, Vv inal: - VIBS Initials: C 0 A ? n () oo+ 9 a 1 aN OPCMR 2133 Hospital Strect St. Croix, U.S. Virgin Islands 00820 Tamrya Marie Singh Virgin Islands Public Broadcasting System 36 & 37 Estate Richmond Christiansted, U.S. Virgin Islands 00820 {THIS AREA IS INTENTIONALLY LEFT BLANK| VIDE Imtials- General Contract No, | oe eee ee 3 VIBS Initials: it 2 CO42DQ0E T20 OPCMR IN WITNESS WITEREOF, the partics have hereunto sct their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS of “] apf Poni) a ud / ar 4/28/2020 L R a gue Cc Date Fy) AA) cqu enjamin Commissioner of Education ATH BOA L Tanya M Sing te Chief Ex tive Officer, if P b 6 pk A. ry. Cehenam ttt 1/20000 / J ry TI homas, Commissioner Date Depa t of Property and Procurement APPROVED AS TO LEGAL SUF DEPARTMENT OF JUSTICE BY ile CM Drallds- ~~ Date: 2020.05.08 12:31:44 -04'00" General Contract No. VIDE Initials VIBS Inutials fit GOAZD0E 720 } OPCMR CERTIFICATE OF APPROVAL ! hereby certify that this is a true and exact copy of MOU No. entered into between the Department of Property and Procurement and Virgin Islands Public Broadcasting System. Anthony D. Thomas, Commissioner Department of Property and Procurement General Contract No. _ ——_———eE Vv E Initials: VIBS Initials: ito CO42v qo T20