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CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this é in day of Fo yy ued , 20 1D, in the Territory of the Virgin Islands, by: and between the Government of the Virgin Islands, DEPARTMENT OF PROPERTY & PROCUREMENT, on behalf of the DEPARTMENT OF FINANCE (hereinafter referred to as "GOVERNMENT") and. RAQUEL JOHN- BAPTISTE dba RJB BOOKKEEPING & FINANCIAL SERVICES (hereinafter referred to as "CONTRACTOR’). WITNESSETH: WHEREAS, the Government is. in need of the services of a Contractor to provide Bookkeeping and other Consulting Services, which dutiés and responsibilities are. more. particularly described in Addendum I (Scope of Work) attached hereto; and ‘WHEREAS, the Contractor represents. that it is willing and capable of providing such Bookkeeping and Consulting 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 will provide Bookkeeping and other Consulting Services as described. in Addendum I (Scope-of Services) attached hereto and made a part of this contract. . Upon the execution of this Contract.by the Governor of the U.S. Virgin Islands, the :term.of this Contract shall be effective from February 9, 2018 and will terminate on October 31, 2078. 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay.Contractor the sum of Sixty-Five Dollars ($65.00) per hour for a total atniount not to exceed Thirteen Thousand Dollars ($13,000.00) in accordance with the provisions set forth in Addendum II (Compensation) attached hereto.and made a part of this contract. . 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay. documented transportation, subsistence, lodging: and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the:same. basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed ___N/A___ ($ N/A). The Contractor when applicable, will present documented precise records. of time and/or money expended under this Contract. p ; - Contract ro I 8 ~ rows 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Vir gin Islands, 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every. description derived therefrom and pertaining to this Contract shal] 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. 8. LIABILITY OF OTHERS. Nothing in.this Contract shall be construed to. impose any liability upon the Government to persons, firmis, 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 subcontractor 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 all 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. 11, INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor and nothing herein. containéd shall be construed to be inconsistent with this rel ationship 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 See 1 8 po2200 Contract No. i) 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. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government wili 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. therefrom, and, at its option, Government may apply such sums in such manner as: Government may | deem proper to secure itself or to satisfy such claims. 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 1o Government that such claims. will-be paid. by Contractor or its imsurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This Contract shall be subject-1o the availability and appropriation of funds and to the. approval of the Governor. 17. TERMINATION . Either party will have the right to terminate this Contract with or without cause on Thirly (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) day notice. 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 with the performance.of services required to be performed under this Contract. (b) Contractor further covenants that it is: ) ql) Hot a territorial officer or employee (i-¢., the Governor, Lieutenant Governor, member of the Legislature, or any.other elected territorial official; or nn. ‘a officer or employee of the legislative, executive or judicial brass ee the po22n0r Tt sé Oy aye — Contract No: - aap y Government or any agency, board, commission or independent instrumentality of the Government, 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 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. 21. EFFECTIVE DATE. . . The effective date of this Contract shall be the day of execution of the Contract by the Governor. 22. NOTICE | Any notice required to be given by the Terms of this Contract. shall be deemed to have been givett when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the-parties as follows: GOVERNMENT Lloyd T. Bough, Jr. Commissioner Department of Property and Procurement Sub Base, BuildingNo. 1, Third Floor St. Thomas, VE-00802 Valdamier-O. Collens Commissioner Department of Finance 2314 Kronprindsens Gade St. Thomas, V.I. 00802 CONTRACTOR Raquel John-Baptiste, d/b/a RJB Bookkeeping and Financial Service P.O, Box 302492 St. Thomas, V.1. 00802: 23. 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 {stands Code; and (b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands ‘Code pertaining to professions and occupations. PO22D0FT18 4 Contract No. 24. OTHER PROVISIONS . Addendum | and II attached hereto are.a part of this Contract and are incorporated herein by reference. 25. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is éligible 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 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. 26. 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 claims to. be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. . 27. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Coritract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this. Contract, make or preseni 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. have hereunto set their hands on the day and year first above written, GOVERNMENT OF THE VIRGIN ISLANDS - Date Acting Commissioner of Finance Lloyd T. Bough, Jr. Co: Hissioner Date Department of Property and Procurement a RIB. eeping & Financial Service POZ2D0FT18 Contract No. - Initiz 2/291 g re ee . d/b/a Date Date Os 2.3- / ¥ Kerine it Mapp GOVERNOR OF THE VIRGIN: ISLANDS APPROVED AS TO.LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY PALA) al Date a Qa Vict eg Leena HE? rong! oO PURCHASE ORDER NO CERTIFICATE OF APPROVAL I hereby certify that this is a true and exact copy of Contract No entered into between the Department of Property and Procurement, on behalf of the Department of Finance and Raquel John- -Baptiste, d/b/a RIB Bookkeeping and Financial Service. Lloyd T. Bough, Jr., Commissioner Department of Property and Procurement POZ2D0FT18 Contract No - Qe a ee et