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OPCMR GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES — §--— DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT Pursuant to 31 V.LC § 239 (a) (8) S004DHST21 (AGC) This AGREEMENT, made this ___ 14th day of “April 2021 r ‘ St. Thomas/St. John District, and St. Croix) by and between the Government of the Virgin Islands, hereinafter called the “GOVERNMENT”, and Antilles Gas Corporation whose address is P. O. Box 302067. St. Thomas, VI_00803 hereinafter called the “CONTRACTOR”, Department of Human Service: erritory Wide WITNESSETH: WHEREAS, the Government is in need of a contractor to provide liquefied petroleum (100Ibs propane gas) to the Virgin Islands Department of Human Services Territory Wide (St. Thomas/St. John District and, St. Croix; and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addendum I, II, WI, and IV all attached hereto and made a part hereof; it is mutually agreed between the Parties as follows: SECTION |. That for and in consideration of the price or prices and agreement in Addendum I (Scope of Work/Compensation) hereto attached and made a part of this Contract, the said Contractor agrees to deliver liquefied petroleum (100Ibs propane gas) to the Virgin Islands Department of Human Services Territory Wide (St. Thomas/St. John District, and St. Croix) with the provisions of Addendum I (Scope of Services/Compensation), Addendum I1 (General Provisions), Addendum III (Termination of Contracts), and Addendum IV (Provisions from 2 CFR 200 — Appendix IN), all attached hereto and made a part hereof. SO04DHST21 (AGC) 1 Initial e- OPCMR 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 as indicated in Addendum I (Scope of Work/Compensation), in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in the Scope of Work and the General Provisions. SECTION 3. This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate one year thereafter, 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 of one (1) year. No alterations or 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 until all articles or services ordered before the date 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 services 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 services 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 services 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 cach 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. S004DHST21 (AGC) 2 tnitiat (O* OPCMR 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. SECTION 9. All quantities listed 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 quantities. The Contractor shall only fulfill orders in accordance with approved purchase orders issued by the Government. SECTION 10. 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 11. 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 12. 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 IH (Termination of Contracts). SECTION 13. A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. SECTION 14. This Contract shall become effective immediately upon and as of the day of signature by the Commissioner of the Department of Property and Procurement. S004DHST21 (AGC) 3 Initial iy OPCMR SECTION 15. NOTICE OF FEDERAL FUNDING. Contractor acknowledges that this Contract may be 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 offence. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands on the day and year first above written. Witnesses: GOVERNMENT OF THE VIRGIN ISLANDS Altheny H. Charan‘ [15/2021 By: — Anthéry D. Thomas Date Commissioner Department of Property and Procurement Krmlurhy Coren, hdrme 12/16/2020 Kimberley Causey-Gomez Date Commissioner Department of Human Services Witnesses: CONTRACTOR DAM sabes By: David Neely President Antilles Gas Corporation (Corporate seal, if Contractor is a corporation) S004DHST21 (AGC) 4 Initial