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Commissioner Nominee Renewal Option No. 2 to P022DOLC21 OP(’MR AMENDMEN’I No. I OF PROFESSIONAL SERVICES CONtRACT THIS AMENDMEN1’ made as of the day of .20_in the Territoiy of the Virgin Islands, by and between the Government of the Virgin Islands DEPARTMENT OF PROPERTY AND PROCUREMENT, on behalf of the DEPARTMENT of LABOR (VIDOL) (hereinafter referred to as “Government”) and SRINIVASU VADLAMANI whose address is 11113 Maplehurst Drive, Charlotte, NC 28277 (hereinafter referred to as “Contractor”). Both parties witness to being duly authorized to execute this agreement and will attest accordingly when and where necessary. WITNESSETH WHEREAS, pursuant to Contract No. PO22DOLC2 t approved by the Governor on November 30, 2020 and Renewal PO79DOLT2I (which constitute and are hereinafter referred to as the “Contract”), the Government contracted with Contractor to provide Oracle Programming; and WHEREAS, the Contract expires pursuant to its terms on June 30, 2022; and WHEREAS, the parties desire to amend the Contract, to extend its term by one (1) year, to change the Scope of Services by adding additional duties due to additional Federal Mandates in Addendum Ito include increasing the Scope and to increase the compensation by Three Hundred Three Thousand Eight Hundred Forty Dollars and Zero Cents ($303,840.00). NOW THEREFORE, for mutual and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: TERMS AND CONDITIONS 1. The Contract, is hereby amended and its term extended by one (1) year by deleting all existing language contained in Paragraph 2 and replacing it with language as follows: The term of this Contract shall be from March 23, 2020, to June 30, 2023. Upon the date of execution of this Contract by the Governor of the U.S. Virgin Islands this Contract shall become effective for the Term set out herein. The Government in its sole discretion shall have the option to renew this Contract for a period of one (I) additional year subject to the same terms noted herein by providing the Contractor with sixty (60) days’ written notice of the Governments election to renew. 2. Paragraph No. 3 — Compensation is hereby amended to increase the compensation by Three Hundred and Three Thousand Eight Hundred Forty Dollars and 00/100 ($303,840.00) for a total amount not to exceed Six Hundred Six Thousand Three Hundred and Twenty-Five Initials: Contract No. 30th September 21 P147DOLT21 ‘—‘<-el OPCMR Dollars and Zero Cents ($606,325.00) by deleting all of the existing language contained therein and replacing it with new language as follows: “The Government, in consideration of the satisfactory performance of the services described in Addendum 1 (Scope of Services) agrees to pay Contractor the sum not to exceed Six Hundred and Six Thousand Three Hundred and Twenty-Five Dollars and Zero Cents Dollars ($606,325.00) in accordance with the provisions set forth in Amended Addendum II (Compensation) attached hereto and made a part of this Contract.” 3. Addendum I is amended by adding the following text at the end of Addendum I after Milestone 14: Milestone 15 — The contractor will program the VIDOLA$ Unemployment Insurance System to extend the Federal Pandemic Unemployment Compensation program to pay Three Hundred Dollars ($300.00) per eligible claim filed from January 2, 2021, to March 14, 2021. The system must be able to supplement eligible claims for each respective week. To be completed by March 15, 202 1. Milestone 16 — The contractor shall develop a Mixed Earner Unemployment Compensation module in the VLDOLA$ System to pay One Hundred Dollars ($100.00) to eligible claimants that qualify for Mixed Earner Unemployment Compensation (MEUC). To be completed by March 15, 2021. Milestone 1.7 Contractor shall program VIDOLAS Unemployment System to extend the Pandemic Emergency Unemployment Compensation (PEUC) program to add Eleven Plus (11+) weeks of extended benefits to claimant’s determination. To be completed April 1,2021 Milestone 18— Contractor shall program VIDOLA$ System to adjust claimants Benefit Year once old entitlement of PEUC has a balance until April 5, 2021. To be completed by April 1, 2021. Milestone 19 — Contractor shall program VIDOLA$ System to implement deferment of a new claim if an individual has a balance in the old PEUC claim up to April 5,2021, and subsequently pick up the new claim benefit year to reinstate the new claim WBA for payment. To be completed by May 1, 2021. 2 Initials: Contract No.P147DOLT21 -ti V S I.j ;.. :w OPCMR Milestone 20 — Contractor shall enable the Vl[)OLA$ System to do comparison calculation for benefit year expiration after December 27, 2020, for PEUC to continue if new weekly benefit amount (new claiTn) is at least Twenty-Five Dollars ($25.00) less than the PEUC weekly benefit amount (Old claim). To be completed by May I, 2021. Milestone 21 — Contractor shall program VIDOLA$ System so as not to allow regular Unemployment Compensation and PEUC to be paid at the same time. To be completed by May I, 2021. Milestone 22 — Contractor shall program benefits overpayment module to process Pandemic Unemployment Assistance (PUA), MEUC, PEUC, and Disaster Unemployment Assistance (DUA). To be completed by May I, 2021. Milestone 23 — Contractor shall create 902M report for the MEUC program as per ETA rules and regulations. To be completed by September 30, 2021. Milestone 24 — Contractor shall create a report in the system detailing claimant’s last payments and exhausting of benefits within respective benefit years. The report should be portable to Excel or Text File format. To be completed by May 1, 2021. Milestone 25— Contractor shall create a State Directory of New Hires crossmatch module for the Government to ascertain if claimants are receiving benefits and on employer quarterly wage reports to determine overpayments. To be completed by September 30, 2021. Milestone 26 — Contractor shall update monetary determination calculations and provide edits to forms in accordance with the U.S. Department of Labor ETA rules and regulations for the Continued Assistance Act Programs as requested by VIDOL. Milestone 27 — Database refresh for building test and UAT. To be completed by June 30, 2021. Milestone 28 — For any additional mandates as determined by the Federal Government which requires programming for the VLDOLA$ System using Cares Act Funding, Continued Assistance 3 Initials: Contract No. P147DOLT21 4k OPCMR Act (CAA) or American Rescue Plan Act (ARM), the Contractor will perform those duties but shall not exceed 1600 hours. The Contractor shall perform these services when requested by VIDOL in accordance with the timefrarnes required by the aforementioned programs, during the Contract term. The Contractor will perform these services for no more than 1600 hours. 4. Addendum II of the Contract is revised by deleting all terms contained therein and inserting in lieu thereof all of the terms contained in the new Addendum II attached hereto as Exhibit “A”. 5. This Amendment is subject to the approval of the Governor of the Virgin Islands and to the appropriation and availability of hinds. 6. Except as expressly amended in this Amendnient, all terms of the Contract remain in full force and effect 7. FACSIMILE, ELECTRONIC & DIGITAL SIGNA11JRES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. IN WITNESS WHEREOF, the Parties have hereunto set their hands on the day and year first above written. WITNESSES GOVERNMENT OF THE VIRGIN ISLANDS CONTRACTOR 8/18/2021 Date Srinivasu Vadlamani, Sole Proprietor Date 4 Initials: flfldZ A /6) Gaiy oy, Commissioner Department of Labor AnthonycWmomas, Commissioner Department of Property & Procurement 08/05/2021 Date Contract No.P147DOLT21 P147DOLT21 0 17 OPCMR CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this 30th day of November , 2020, 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 Department of Labor (hereinafter referred to as “Government”) and Srinivasu Vadlamani whose address is 11113 Maplehurst, Dr. Charlotte, North Carolina 28277 (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the Government is in need of the services of a Contractor to provide Oracle programing, which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, the Contractor was selected in accordance with 31 V.l.C. § 239(a)(I ), as the Governor of the U.S. Virgin Islands by Order and Proclamation dated March 20, 2020, has suspended the provisions of 3! V.I.C. § 236 as it relates to the acquisition of goods and services in response to the COVID-19 Pandemic. WHEREAS, the contractor represents that it is willing and capable of providing such services; arid 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: I. SERVICES The contractor will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this contract. 2. TERM AND EFFECTIVE DATE The term of this Contract shall be from March 23, 2020 to June 30, 2021. Upon the date of execution of this Contract by the Governor of the U.S. Virgin Islands, this Contract shall become effective for the Term set out herein. 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 the contractor a sum not to exceed three Contractor’s Initials: ________ Contract No. PO22DOLC21 (4 _tJ OPCMR hundrcd and two thousand and four hundred eighty-five dollars and zero ends ($302,485.00) in accordance with (he 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 (S N/A). 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, E.T.C. All documents, books, records, instnictional materials, programs, printouts and memoranda of every description 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. 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, 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, gross receipt, excise, 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, - 2 Contractor’s Initials: Contract No, PO22DOLC21 a OPCMR 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (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 contained shall be construed to be Inconsistent with this relationship or status. 12. GOVERNING LAW This contract shall be governed by the laws of Ihe United Stales 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 subjcct matter addressed in this agreement, whether written or era). 15. RIGHT TO WITHHOLD If work under this contract is not performed in accordance with the tcmis hereof, Government wiU 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. Contract No. PO22DOLC21 Contractor’s Initials: OPCMR 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 can-icr, 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 of the United States Virgin Islands. 17. TERMINATION Either party will have the right to terminate this contract with or without cause on sixty (60) days written notice to the other party speciing 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 by providing sixty (60) days written notice to the contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specif’ing 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 rcceive payment for services provided to the date of termination, including payment for the period of the sixty (60) 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: (I) not a territorial officer or employee (Le., 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 compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: Contractor s initials: Contract No. PO22DOLC21 i:I “4 OPCMR (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; and (iii) no financial interest in the contract as that term is defined in section 1101(1) of said Code chapter. 21. NOTICE Any notice required to be given by the Terms of this Contract shall be deemed to have been Liven 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 and Procurement 8201 Sub Base, Suite 4 St. Thomas Virgin Islands 00802 Gary Molloy Commissioner Department of Labor 440! Sion Farm, Suite I Cliristiansted, St. Croix, USV! 00820 CONTRACTOR Srinivasu Vadlamani Sole-Proprietor 11113 MaplchuxstDr. Charlotte, North Carolina 28277 22. LICENSURE The Contractor covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporaiy or otherwise as required by Title 27 of the Virgin Islands Code; and (I,) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. Conctor’s Initials: Contract No. PO22DOLC21 OPCMR 23. OTHER PROVISIONS Addenda I, 11 and Ill attached hereto are a part of this contract and are incorporated herein by reference. 24. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards using federally appropriated finds 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 subcontraets hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON-PROCUREMENV’. In the event the contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal fluids, 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. 25. 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 fraudulcnt. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 26. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this contract is funded, in whole or in part, by federal finds. 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. 27. 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 occurretice for death or personal injury and one million dollars ($1,000,000.00) for any one occurrence for property damage. Insurance poliey(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. 6 Contractor’s Initials: Contact No. PO22DOLC21 t. OPCMR (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 ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. 28. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGUS ISLANDS _._—a75 _474tr’j5 11/0412020 Gary Molloy, Commission Date Department of Labor Anthonffl Thomas, Commissioner Department of Property and Procurement APPROVED: tr. Date: IT’ñrable Albert GOVERNOR OF THE U.S. VIRGIN ISLANDS APPROVED AS TO LEGAL 11/18/2020 DEPARTMENT OF JUSTICE BY: PURCHASE ORDER NO.________________ 7 Contractor’s Initials: a CONTRACTOR . v.nwntin 11117/2020 Date Dae Srinivasu Vadlamani, Proprietor 11-30-20 Contract No. Pfl22flflI (‘.21