USVI Public Records

Document text

CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this _\°" day of | dna, 2D\4% 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 Virgin Islands Police Department (hereinafter referred to as “Government”) and DNA Labs International, Inc., a Florida Corporation (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor for the provision of Forensic Serology and DNA Testing Services, which duties are more particularly described in Addendum I (Scope of Services) attached hereto; WHEREAS, the Contractor was selected in accordance with 31 VIC 239(a)(8) which provides for an exception where competitive bidding is impracticable; WHEREAS, the Contractor represents that it is willing and capable of providing such services; and : 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 will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this contract. i 2. TERM Upon execution of this Contract by the Commissioner of the Department of Property and Procurement the Contract shall be effective for a term beginning from October 1, 2019 to September 30, 2020. The Government in its sole discretion, shall have the option to renew this Contract for a period of one additional year subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay Contractor a sum not to exceed Three Hundred Thousand Dollars and No Cents ($300,000.00) in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this contract. 4. TRAVEL Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, Wop agrees to pay documented transportation, Initials PO3Z2VPDT20 GOVERNMENT ~ DNA Labs 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 TEN THOUSAND DOLLARS and No Cents ($10,000.00). 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. At all times that this Contract is in effect, Contractor shall maintain accreditation by a nationally recognized forensic testing accrediting agency. Such accreditation shall certify that Contractor adheres to the standards established by the International Organization for Standardization and the FBI Quality Assurance Standards. 7. DOCUMENTS, PRINTOUTS, ETC. a. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived here from and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the termination of this contract. The above described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. b. All Data test results, and information of any kind and in any medium derived or —_ resulting from the forensic serology and DNA testing and analysis services under this Contract, and any ancillary testing and analysis services performed in connection with and pertaining to the services under this Contract, are the sole and exclusive property of the Government, free and clear of any claim or retention rights by the Contractor. In addition, any compilation, database, case reports, profiles, websites, application software, programs, documents, technical communications, books, records, instructional materials, findings, conclusions, opinions, printouts and memoranda of every description derived from and pertaining to the services under this Contract, but not including Contractor’s administrative communications, records, files and working papers relating to this Contract, and all information and data entered into and maintained in the Virgin Islands DNA Profile Database, whether prior to or subsequent to the effective date of this Contract, are the sole and exclusive property of the Government, free and clear of any claim or retention rights by the Contractor. The provisions of this Section shall survive termination or expiration of this Contract. ries 72% hot PO3Z2VPDT29 GOVERNMENT ~ DNA Labs 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor 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 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 consent of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and ail 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 Contractor under this Contract and arising from any cause, except the sole negligence of Government. ii. 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 This Contract shall 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, 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 Contract, 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 agreement constitutes the entire agreement of the 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. pO32VPDT20 GOVERNMENT ~ DNA Labs 18. 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 Government may deem ample to protect it against loss or to assure payment of claims arising there from and at its option, the Government may apply such sums in such manner as Government may deem proper to secure itself or satisfy its claim. 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 Government if and while Contractor 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. CONDITIONS PRECEDENT This contract shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. 17. TERMINATION Either party shall have the right to terminate this Contract with or without cause on thirty (30) days written notice to the other party specifying the date of termination. Upon termination of the agreement, any remaining credit balance on the contract will then be refunded by the Contractor to the Government or paid to the Contractor by the Govemment, whichever case applies. 18 PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Goverment, in part, whenever the Government shall deem such termination advisable by providing thirty (30) days written notice to the Contractor. 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 termination, including payment for the period of the thirty (30) day notice. Upon partial termination of the agreement, any remaining credit balance on the contract will then be refunded by the Contractor to the Government or paid to the Contractor by the Government, whichever case applies. 19. 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 Contract on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree Initials il po3zz2vedT 26 GOVERNMENT - DNA Labs with the performance of services required to be performed under this Contract. (6) Contractor further covenants that it is: (i) not a territorial officer or employee (j.e., the Governor, Lieutenant Govemor, 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 Goverment, whether compensated on a salary, fee or contractual basis); or (2) _ a territorial officer or employee and, as such, has: i) —_—‘ familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Cade, 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; Gii) no financial interest in the Contract as that term fs defined in section 1101 (1) of said Cade chapter. 21. EFFECTIVE DATE The effective date of this Contract shall be the day of execution of the Contract by the Commissioner of the Department of Property and Procuzement, 22. NOTICE Any notice required to be given, by the Terms of this Contract 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 & Procurement Sub Base, Building No. ! St. Thomas, Virgin Islands 00802 Trevor Velinor Commissioner Virgin Islands Police Department 45 Mars Hill St. Croix, Virgin Islands 00840 Initials yw POZZVPNT 26 GOVERNMENT ~ DNA Labs 23. 24. CONTRACTOR Kirsten Charlson President DNA Labs International, Inc. 260 SW Natura Avenue, 2" FL Deerfield Beach, Florida 33441 LICENSURE The Contractor covenants that it has: (a) _ obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code and shall maintain during the term of this Contract such licenses or permits; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. FALSE CLAIMS Contractor warrants that he 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. 25. INSURANCE Contractor shall maintain the following 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 Million Dollars ($1,000,000.00) for any one person per occurrence for death or personal injury and One Million Dollars ($1,000,000.00) 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) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than One Million Dollars ($1,00,000.00) per claim. The Government shall be listed thereon as a certificate holder. c) WORKERS’ COMPENSATION: Cgntractor shall supply current coverage under the Government Insyrance Fund orjother form of coverage. Initials <j pO32VPDT20 GOVERNMENT = DNA Lobs 26. OTHER PROVISIONS Addenda J (Scope of Services), I] (Compensation) and III (Offender DNA Profile Program) attached hereto are a part of this Contract and are incorporated herein by reference. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESS GOVERNMENT OF THE VIRGIN ISLANDS fof3ff 9 vor Velinor ate Police Commissioner Sie Lhpres Virgin Islands Police Depariment Mtlony Db. Cpbvca-—“yarn020 ani Anthony Yhomas Date Commissioner | \ Department of Property & Procurement CONTRACTOR DNA Labs international, Inc. Onudre Harrie. Vejen Sreclarn quy44 Kirsten Charlson Date We aloe A Pash President APPROVED AS TO LEGAL SUFFI@ Uf, DEPARTMENT OF JUSTICE BY; Athy W/ Pf ” VEG PURCHASE ORDER NO. _ 7 ol pos2vPDT20