USVI Public Records

Document text

CONTRACT FOR PROFESSIONAL SERVICES THIS. AGREEMENT is made this 14 day o Metebtr . 201€, inthe Territory of the Virgin tslands, by and between the Government Of the Virgin Islands, Department of Property and Procurement, on. behalf of the Department of Human Services (hereinafter referred to as “Government” and Luis O. Amaro. M.D, (hereinafter referred to as “Contractor"). WITNESSETH: WHEREAS, the Government ts in need of the services of a Contractor to serve as an Attending Paysician at the Queen. Louise Home for the Aged, located at 1303 Hospital Ground, Thomas, Virgin Istands, which duties and responsibilities are more particularly described in Addendum } (Scope of Services) attached hereto; and WHEREAS, the Contractor was selected in accordance with 31 V.LC. § 239(a)\(8); and ‘WHEREAS, the Contractor represents that it is willing and capable of providing: such services: and NOW, THEREFORE, in consideration of the mutual covenants ierein contained. and mtending to be legally bound by this written instrument, the parties hereto do covenant and agree 1. SERVICES. The Contractor will provide fhe services described in Addendum ! (Scope of Services} attuched nereta and made apart of this Contract. 2. TERM Lipon execution of this Contract by the Governor of the Virgin islands the Contract shall be effective for a Term beginning from October 1, 2018 to March 31, 2020. 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum | (Scope of Services), agrees. to pay Contractor the sum of Sixty-Seven Thousand Five tiundred and 00/100 Doilars ($67,500.00) in accordance with the provisions.sét forth in Addendum ii (Terms of Compensation) attached hereto and made a part of this Contract. 4, TRAVEL EXPENSES inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance. by the Government, These costs shall be advanced or reimbursed on the same. basis as is applicable to Contract No. P 0 4 T { ? Contractor's Initiale ale non-coniract employees of the Government. or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed N/A €$ N/A). 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 w consultants doing business in the United States Virgin Islands. 7, DOCUMENTS, PRINTOUTS, ETC. AU documents, books, records, instructional materials, programs, printouts and memoranda-of every description derived therefrom and pertaining fo this Contract shall become the property af ine Government and shall be tumed over i it at the termination of this Contract. The abeve described materials shall not be used by Contractor or by any other person. or entity except upon ine written permission of the Government. &, 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 {many other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, obligations H 2, 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, agerits or independent contractors. 9, ASSIGNMENT ‘Vhe Conwactor shall not subcontract or assign any part of the services under this Contract without tae prior written consent of the Government. iG INDEMNIFICATION Contractor agrees to indemnify,.defend and hold harmless Government from and against any and all joss. damage, liability, claims, demands, detriments, costs, charges and expenses (including atiomiey’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 performe by Contractor under this Contract and arising from any cause, except the sole negligence of Goverament, ho Contract No. P 0 4g D ri SI Ei g Contractor's initials: fA ti, 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, 13. GOVERNING LAW his Contract shail be governed by the laws ofihe United Statés Virgin islands and jurisdiction shall remain ithe United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term, condition, or provision of this Contract shal oe valid or of any force or effect unless made. in writing, signed by the parties hereio 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. the terms, conditions or provisions of this Contract, but the same shalt be. strictly limited and restricted to the extent and occasion specified in such sigtied writing or writings. 14. ENTIRE AGREEMENT fhis agreement constitutes. the. entire agreement of the parties relating to the subject matter aid dvessed in this Agreement. This agreement supersedes ail prior communications, contracts, agreements between the parties with respect. to the subject matter addressed in this agreement, whether written or oral, iS. RIGHT TO WITHBOLD. if work under this Contract is not performed in accordarice with the terms hereof. Government will have the right. to withhold out of any payment due to Contractor. such sums as Government may, deers 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 fo 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 to Government that such claims will be paid by Contractor or its insurance varrier, 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. tan us 4 . ¢ Contractor’s Taitiats: iv. TERMINATION Either party will have the right to terminate this Contract with or without cause on ainety (90) days written notice -to the other party specifying the date of termination. 8. PARTIAL TERMINATION The performance of work under this Contract may be terminated by the Government. ia purt. whenever the Government shall deem such termination advisable by providing ninety (90) 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 of termination. including payment for the period of the ninety (96) day notice. 19, NON-DISCRIMINATION Na. person shall be excluded from participating in, be denied the proceeds of or be subject to unation in the performance of this Contract on account of race, creed, color, sex, religion, ility.or national origin. 20. CONELICT OF INTEREST fa} Contractor covenanis that it has no interest and wil! 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. ib) Contractor further covenants that it is: (i) not a territorial officer or employee (1.e., the Governor, Liculenast Govern member of the Legislature, or any other elecied territorial official: or as officer or employee of the legislative, executive or judicial branch of the Government or any agericy, board, commission or independent instrurnentality of the Government, whether compensated on a salary, fee or contractual basis): or (2) a tetritorial 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 1 168 thereoty (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 {101(1) of said Code chapter. at, 21. EFFECTIVE DATE The effective date of this-Contract shall be the day of executian of the Contract by the Governor. Contract Na, _P 04 9 3 a S T | 9 Contractar’s initials: Ke 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 nurties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 820! Sub Base; Suite 4 St. Thomas Virgin Islands 00802 Kimberley Causey-Gomez Commissioner Designee Department of Human Services 1303 Hospital Ground, Ste. | St. Thomas Virgin Islands 008062 CONTRACTOR Luis O: Amaro, M.D Physician 9151 Estate Thomas Foothills Professional Building, Ste. 103 St. Thomas Virgin Islands 06802 The Contractor covenants that it has: fa} obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by: Title 27 of the Virgin Islands Code; and io) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code. pertaining to professions and Occupations. 24. OTHER PROVISIONS Addenda f and. Il attached hereto are a pait of this Contract and are incorporated herein by 28. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upos agaist the Government of the Virgin Istands, or any officer department, board, commission, or ger agency thereof, knowing such claims to be false, fictitious or fraudulent. Contractor pO49DNSTI9. acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin islands law. Contractor shall maintain the following insucance coverages during the term of this Contract {a) The Contravtor shall provide the Government with Proof of Professional Liabiliuy anc 4 if es eur Professional Malpractice Insurance coverage of no tess than TWO HUNDRED FIFTY THOUSAND and 00/100 DOLLARS ($250,000.00) per occurrence for the entire period of this Contract. In the event that thé Contractor’s existing coverage will expire: before the end of the term.of this Contract; Contractor shal! provide proof of renewal of coverage within ten (10) days after the begining of the new coverage period. PO4IDHST19 Coutractor’s initials: a es nae iN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year sist above written. GOVERNMENT OF THE VIRGIN ISLANDS J.22+17 Kiptber! ¢ Yau omez(Commissioner Designee Date Onda nro — Departm at of roperty and Procurement Zito flo pA Anthony . Thomas, ‘Commissioner dat ai Lo _ if). Department of Property and Procurement i ep 8 qf! 4 Luis G. Amaro, ML. Dd. Dait (Corporate seal, if Contractor is a corporation) APPROVED: FRACS ate: F/2o/ 4 norable Albert Bryan Jr. ‘ mall GOVERNOR OF THE VIRGIN ISLANDS APPROVED AS TO LEGAL SUFFICI DEPARTMENT OF JUSTICE BY: ST Date 4/t| Iq PURCHASE ORDER NO. CERTIFICATE OF APPROVAL | hereby certify that this Is a true and exact copy of Contract No. entered into between the Department of Property and Procurement and Luis O. Amaro M.D. Anthony D. Thomas, Commissioner epartment of Property and Procurement - / ow fe I P0450 Contract No. Contractor’s Initials: JS ee