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CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is made on wwe _[] 4 of Nivomabya, 21g 1B, in the Territory of the Virgin Islands, by and betwéen {l GOVERNMENT O aE VIRGIN ISLANDS, Department. of Property and Procurement , on behalf of the Bureau of Economic Research, Office of the Governor (hereinafter referred to as "Government") and Ms. Lauritz Mills d\b\a Sygma PCS, (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, the Government is in need of the services.of a Contractor to revise the U.S. Virgin Islands Consumer Price Index (CPI) which is one barometer used to gauge the state of the US Virgin Islands economy and which can provide a strong foundation for understanding market and economic swing. Moreover, the data are helpful to benchmark against national averages to help identify trends and better inform the development of key economic development strategies in compliance with the requirements stipulated by the U.S. Department of Commerce, Economic.Development Administration ("EDA"). WHEREAS, the CPI is widely regarded as critical economic indicator that a country needs to measure price movement and to adjust income, wages and. salaries in contracts of employment: The government also uses the CPI in formulating fiscal and economic policy. Numerous federal programs including social security, pension and food stamps, use the CPI to index changes in the cost of livin g. The private sector also uses the CPI to keep collective bargaining agreements, alimony payments, child support payments, rents, , royalties and contracts in line with price. changes, 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. 2. TERM This Contract shall commence upon the execution of this Contract by the Governor of the Virgin Islands and shall terminate on September 30, 2019. Mo POO6BERT]9 3. COMPENSATION ‘The: Governinent 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 ONE. HUNDRED FIFTHTEEN THOUSAND THREE HUNDERED EIGTHY-EIGHT DOLLARS ($115,388.00) 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-contract employees of the Government, or.as agreed to by as addendum to this Contract. However, said costs and expenses shall not exceed ONE THOUSAND DOLLARS ($1,000.00). 5. RECORDS _ The Contractor, when applicable, wil] present documented, precise records of time and/or money expended under this Conttact. 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 property 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 LM Page 2 of 11 PO 0 6BE R T ] 9 Nothing in this.Contract shall be construed to impose any liability upon Government persons, firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms, associations: or corporations. for the acts, omissions, responsibilities, obligations and taxes of Contractor of whatsoever nature, including ‘but not limited to unemployment insurance and. social: secutity 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, detriments, 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 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. . 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 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 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 ameridment 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. j { LM. Page 3of 11 PO O6BERTI9 14. ENTIRE AGREEMENT _ This written Contract contains the entire agreement between the parties and. hereto, ‘and all 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-arid to the approval of the Governor. 17. TERMINATION Bither patty hereto may terminate. this Contract with or without cause on thirty. (30) days written notice tothe 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 (3 0) days notice: 19. NON-DISCRIMINATION aay ca ae) cm ory wD 4 —i nhs ot Lil LM Page 4 of 11 No person. shail 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 covenants that it has no. interest and will not. acquire any interest, direct. of indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. (b) —- Contractor further covenants that it is: . (1) ‘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 of independent instrumentality of the Government, whether compensation on 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, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof; . Gi) not made, negotiated or influenced this contract, in its official capacity; Giii) 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, V1 00802 Ms. Bernadette. V.M. Melendez Director Bureau of Economic Research Page 5 of [1 POQOGBERTI 9 Office of the Governor 21-22 Kongens Gade St. Thomas, USVI 00802 CONTRACTOR: Ms. Lauritz Mills Owner: Sygma PCS 18 Caret Bay St. Thomas, USVI] 00803 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 _ 7 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 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. Coritractor 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 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. 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 contiactor or sub-contractor misreprésents 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 7 POOSBERTI9 fd. LM Page 6 of I 1 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 imcorporated herein by reference, IN WITNESS WHEREOE, the parties have hereunto set their hands. on the day and yeat first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT by: Lhe Wille Lidf¥d Bough Jr, Date Commissioner OFFICE OF THE GOVERNOR BUREAU OF ECONOMIC RESEARCH WITNESS: CONTRACTOR -LAURITZ MILLS D/B/A. Sygma PCS Ve Lauiitz Mills Date — Owner POOSBERTI { lu ‘LM Page 7 of 11. Honorable Kenneth E. Mapp Date Governor of the Virgin Islands Approved as to Legal Sufficiency Department of Justice. by: 10/39/2013 Date PURCHASE ORDER NO. ACCOUNT CODE NO CERTIFICATE OF APPROVAL Lhereby certify that this is.a‘true and exact copy of Contract No. [ ] entered into between. Bureau of Economic Research, Office of the Governorand Ms. Lauritz Mills d\b\a Sygma.PCS Lloyd Bough Jr., Commissioner Department of Property and Procurement POO6GBERT1I9 d LM Page 8 of {1