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GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES ae | DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT SO4ADPPT22 (CO) This AGREEMENT, made this _2/"" day of October 2021 the Government of the Virgin Islands, Department of Property and Procurement (Division of Transportation), hereinafter called the “GOVERNMENT”, and Carib Oil, Inc, whose address is P.O. Box 8985, St. Thomas, Virgin Islands, 00801 hereinafter called the “CONTRACTOR”, WITNESSETH: For, and in consideration of the acceptance of the Contractor’s proposal, under Invitation for Bids No. IFB059DPPT21 (S) opened on September 10, 2021 and the award of this contract to the Contractor, notification hereof having been made to the Contractor on _September 28, 2021, and, in further consideration of the covenants and agreements of the Parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in this proposal hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver any or all of the commodities described in the said Invitation for Bids No. IFBOS59DPPT21 (S) and the Scope of Work (Addendum J) at the price or prices stated therein and in strict accordance with the conditions of said accepted proposal. The Advertisement, Invitation for Bids, General Provisions (Addendum I), Termination of Contracts (Addendum II), any Supplemental Provisions and Specifications and the Purchase Order, including any change thereof, are all part and parcel of this Contract and are by this reference, incorporated in this Contract as fully and effectively as if set forth in detail herein. SECTION 2. The Government, for and in consideration of the full and true performance of the work by the Contractor, agrees to pay the price or prices set forth in the attached Invitation for Bids and the line items as indicated in Addendum I, in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in the Invitation for Bids and the General Provisions. SECTION 3. This Contract shall commence on October 1, 2021, and _ shall terminate on September 30, 2022, unless mutually extended or terminated by the parties. The services under this contract shall be for a period of one (1) year with a renewal option for a period of one (1) year. No alterations or SO4ADPPT22 (CO) -1- wns IFBOS9DPPT21 (S) OPCMR variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. | SECTION 4. This Contract will remain in force for the full period specified and services of termination shall be satisfactorily delivered and accepted and/or until all terms and conditions have been met, unless: | (a) terminated prior to expiration by satisfactory delivery against orders of entire quantities _ contracted for; or (b) extended: upon written authorization of the’ Government and , accepted by the. Contractor, to ‘permit ordering of unordered balances or additional quantities at contract price. or ‘prices and in accordance with the contract, terms. SECTION 5.. Failure of the Contractor to deliver within the time specified, or within a reasonable time as interpreted by the Government, or failure to make replacement of rejected commodities when so requested, immediately or as directed by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected or not delivered. The Government reserves the right to authorize immediate purchases in the open market against rejections on this contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse the Government for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, the Government reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be determined by the Government. SECTION 6. By execution of this contract, the Contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor 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 the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. SECTION 7. Contractor warrants that it shall not, with respect to this Contract, 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 claim to be false, fictitious, or fraudulent.. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. . SECTION 8. Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. SO4ADPPT22 (CO) ~2- IFBOS9DPPT21 (S) : ) ~OPCMR SECTION 9. Ail quantities listed i in this Contract are estimates only. The: Government will purchase items based on. its actual needs, which may or may not amount to the total’ estimated quaritities. The Contractor shall only fulfill orders in accordance with approved purchase orders issued by the Government. SECTION 10. Contractor shall submit invoices on a biweekly (every two (2) weeks) basis and addressed to the Department of Property and Procurement, Division of Transportation. The Government will pay Contractor upon receipt of properly completed invoices that; references the date of the purchase/s, the Department making the purchase, quantities, the line-item number of the good/s referenced in Contractor’s contract and shall include the cost of the awarded line item. Monthly consolidated invoice/statement must be sent via email to fiscal@dpp.vigov with a cc to transportation@dpp.vi.gov for all completed service and filled orders for all Tires, Batteries, and Oils & Lubricant Supply Contracts with the following details: Billing Period All Tires, Batteries, and Parts — Tire Size, Brand, Contract Line Item, Cost, Extended Cost, — total # of tires purchased per line item Labor/Service Fees x Cost (if applicable by Service Type Alignment, Rotation, etc.) — Extended Cost Disposal Fees — total Total Amount all Costs Individual invoice/receipts should be mailed to DPP and should include: ms S04ADPPT22 (CO) IFBOS9DPPT21 (S) SR moe ao oD Dept/Agency serviced Date Tire/Battery Size & Brand + Contract Line Item# or Product — Contract Line Item# Service (if applicable) Quantity Cost per Item Extended Cost Total Cost GVI employee signature, date, and employee # acknowledging receipt of parts/service on 3- Initials SECTION 11. This Contract is subject to the appropriation and availability of funds and to the approval of the Commissioner of the Department of Property and Procurement. ~ SECTION 12. The following insurance coverages are required by Contract and Contractor shall maintain these insurance coverages during the term of this Contract. (a) COMMERCIAL GENERAL 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 hundred thousand dollars ($100,000.00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one occurrence for property damage. Insurance. policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage SECTION 13. Either Party may terminate this Contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. The Government may also terminate this Contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum III (Termination of Contracts). SECTION 14. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 15. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. INTENTIONALLY LEFT BLANK S04ADPPT22 (CO) -4- win QO IFBO59DPPT21 (S) {ME F~ , ena 7 ~ #4 ‘ é i i =I IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written, Witness: Os GOVERNMENT OF THE VIRGIN ISLANDS >) By: Mithouy Dd. ie i Anthony D. Thomas Date Commissioner Department of Property and Procurement CONT OR ed At Bs ee ae ; Brendan O’Connell Date Dar vine lett berate as etek wen ecdiens 80:4 Osda da Hee By: Treasurer Carib Oil, Inc (Corporate seal, if Contractor is a corporation SO4ADPPT22 (CO) IFBOS9DPPT21 (S)