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CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is made on the \3 day of i om bo 2019: in the Territory of the Virgin Islands; by and between the GOVERNMENT OF THE VIRGIN ISLANDS, Department. of Property and Procurement , on behalf of the Bureau of Economic Research, Office of the Governor (heteinafter referred to. as "Government"). and Mr. John Hannon d\b\a International Data Assurance, (hereinafter referred to as the "Contractor").. WHEREAS, The U.S. Virgin Islands is seeking:a consultant to develop and implement a 2018 Consumer. Price Index (CPI) based on a. 2016 Household Incoine and Expenditure Survey. (HIES). The rebased CPI should provide current data.on consumer expenditures. in the US Virgin Islands congruent with national standards. The. scope. of activities is focused on three objectives which are to establish a new market basket of goods and services and new item weights; provide training and technical support for field enumerators in the price collection process; and data processing*activities to achieve the goal of a current CPI that is reflective of changing consumer: behavior and trends, In addition, the consultant would develop detailed methods and procedural definitions that-would build upon current work. WHEREAS, CPI is an indicator of the change in the average prices ofa fixed basket of goods and services Commonly purchased by househélds. When the basket of goods and services no longer represents what is commonly purchased by households, the CPI becomes irrelevant. Hence, it is necessary. to update: the CPI using a base year that reflects current household expenditure patterns. WHEREAS, the Contractor represents that it is willing and capable of providing such services; 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. SERVICES The Contractor shall provide the services described in. Addendum I attached to this Contract. This Contract shall commence upon the execution of this Contract by the Governor of the Virgin Islands and shall terminate on September 30, 2019. a7 4 9 poogBEn Th? a Ff AIR ni 3. COMPENSATION. The. Government. in consideration. of the satisfactory performance of the services described in Addendum I (Scope’of Work), agrees to pay Contractor an amount not to exceed SEVENTY-THOUSDAND DOLLARS ($70,000: 00) in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this-contract. 4, TRAVEL EXPENSES Inclusive to the 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-conttact employees of the Government, or as agreed to by as addendum to this Contract. However, said costs and expenses shall not exceed TWO THOUSAND DOLLARS ($2,000.00). . 5. RECORDS The Contractor, when applicable, will present documented, precise records of time and/or money expended under this Contract: 6. PROFESSIONAL STANDARDS ‘The Contractor 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, including those in electronic. format, derived therefrom and pertaining to this Contract shall become the pr operty of the Government and shall be turned over to it at the termination of this. Contract, or.upon the Government’s: reasonable demand. The above-described materials shall not be-used by the Contractor or by any other person or entity except upon the written: permission of the Government. The files, database summaries. or any other program -and reports: developed for use in this project become the sole possession of the Government and cannot be used or copied for any purpose other than stipulated in this contract. The Contractor will not provide or ‘otherwise make available or distribute any program or material in any form without the written consent of the Government. 8. LIABILITY OF OTHERS POOSBERTI9 QA Je Page 2.0f 11 Nothing in this Contract shall be construed: to impose ary liability upon Government persons,. firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, orin any other capacity whatsoever, or make the Government liable to obligations | and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance and social security taxes for Contractor, its servants, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the. services. under this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the Government from. and against any and all loss, damage, liability, claims, demands, detrimenits, cost, charges and expenses (including attorney's fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising out of orin any way. connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contractor: shall perform this Contract as an independent contractor and nothing herein contained shall be construed to be inconsistent with this relationship or. status. 12, GOVERNING LAW The. Contract shail be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 13. WAIVERS AND.AMENDMENTS No waiver, modification or amendment of any term, condition or provision of this Contract shall be valid or of any force or effect unless made in writing, sighed by the parties hereto or their duly authorized representative, 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 Contract, but the same ‘shall be strictly limited and restricted to the extent and occasion specified in stich signed writing: or writings. POOSBER TI? MOH Page 3: of 11 14. ENTIRE AGREEMENT This written Contract contains the entire agreement between the parties and hereto, and ail prior understanding or communications, written or oral, with respect to the Project, which is the subject matter of this Contract, are merged herein. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in. accordance with the terms hereof, Government will have the right to withhold. out of any payment due.to Contractor, such sums as the Government may deem ample to. protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner as the Government.may deem proper to: secure itself or to: satisfy such claims. The Government will immediately notify the Contractor in writing in the event that it elects to exercise its:right to withhold. No such withholding or application shall. be made by the Government if and while Contractor gives satisfactory assurance-to the Government that such claims’ will be paid by the Contractor or its Insurance:carrier, if applicable, in the event that such contest is not successful. 16. ‘CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Governor. 17. TERMINATION. Either party hereto may terminate this Contract with or without. cause’ on thirty (30) days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The.performance of work under this Contract may, be terminated by the Government, in part, whenever the Government shall deem such termination advisable. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this Contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the thirty (30) days notice. 19. NON-DISCRIMINATION pooSBERTI? dam Page 4 of 11 No person shall be excluded from participating in, be denied the proceeds of, or be subject to discrimination in the. performance of this Contract on account of race, creed, color, sex, religion, national origin or handicap. 20. EFFECTIVE DATE The effective date. of this Contract is. upon the signature of the Governor: 21. CONFLICT OF INTEREST (a) Contractor covenanits 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 undet this Contract. (b) Contractor further covenants that it is: () Not .a territorial officer or employee (i:e., the Governor, Lieutenant Governor, member of the Legislature or any: other elected territorial official; or an officer or employee of the legislative, executive or judicial branch. of the Government or any agency, board, commission or independent instrumentality of the-Government, whether compensation on a Salary, fee or contractual basis); or (2) — aterritorial officer or employee and, as such, has: (i) familiarized itself with. the. provisions of Title 3, Chapter 37, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof: (ii) not made, negotiated or influenced this contract, in its official capacity; (iii) no financial interest-in the contract as that’ term is. defined in section 1101, (1) of said Code chapter. 22. NOTICES Notices required ‘to be given, by the Terms of this Contract shall be deemed given when the. same: is sent by certified mail, postage prepaid or personal delivery or Certified Mail, Return Receipt Requested to: GOVERNMENT: The Honorable Lloyd Bough Jr. Commissioner . Department of Property and Procurement Sub-Base 3 Floor: St. Thomas, VI 00802 Ms. Bernadette V.M. Melendez Director Bureau.of Economic Research. fll Page 5 of 11 PO 0 7B ER TT9 Office-of the Governor 21-22 Kongens Gade St. Thomas, USVI 00802 CONTRACTOR: Mr. John Hannon Owner International Data Assurance 7401Carath Ct. Springfield, VA 22153 23. LICENSURE. The Contractor covenants that it has: a. obtained all of the applicable licenses or permits, temporary or otherwise, ‘as required by Title 27 of the Virgin Islands‘Code; and b. familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions.and occupations. 24. FALSE CLAIMS Contractor warrants. that it shall not, with respect. to this Contract, make or present any claim upon of against the Government of the Virgin Islands, or any officer, department, board, commission, ot 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. 25. NOTICE OF FEDERAL FUNDING Contractor. acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor wartants 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. 26. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards 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 sub-contracts 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 sub-contractor misrepresents its eligibility. to. receive contract awards using federal funds, the contractor or sub-contractor agrees that it shall not be entitled to payment for any work performed under this contract or sub-contract and that the contractor or sub-contractor shall promptly reimburse the pam Page 6 of [1 POOOBERTI9 Government of the Virgin Islands for any progress payments heretofore made. If, during the term of this contract, the contractor shall become ineligible to receive contract awards using federal funds, this contract shall be terminated forthwith for cause and the contractor shall not be entitled to payment for any work performed under this contract or sub-contract after the effective date: of such ineligibility. 27. OTHER PROVISIONS. Addendum I and Addendum II attached hereto are a part of the Contract and are incorporated herein by reference. IN WITNESS WHEREOEF, the parties have hereunto: set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS. DEPARTMENT OF PROPERTY AND PROCUREMENT wherixr 7 bf} Lloyd Bough Jr. ¢ * Date Commissioner: OFFICE OF THE GOVERNOR WITNESS: CONTRACTOR JOHN HANNON D/B/A INTERNATIONAL DATA ASSURANCE frbris by: Lthen Pererer 5)23))3 C\ fey 43, 2018 Mr/John Hannon Date / Owner POOOBERTI9 ’ i JH Page 7 of 11 APPROVED: Honératlle Kenneth E. Mapp. Date: Governor of the Virgin Islands. Approved as to Legal Sufficiency Department of Justice by: bse ‘ ye | LL he (0/30/3013 A ' Date PURCHASE ORDER NO. ACCOUNT CODE NO CERTIFICATE OF APPROVAL I hereby certify that this is a true and exact copy of Contract No. [ ] entered into between Bureau of Economic Research, Office of the Governor and Mr. John Hannon d\b\a International Data Assurance. Lloyd Bough Jr., Commissioner Department of Property and Procurement POOOBERTIP f it ju Page 8 of 11