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EXERCISE OF RENEWAL OPTION

GOVERNMENT OF

THE UNITED STATES VIRGIN ISLANDS

DEPARTMENT OF PROPERTY & PROCUREMENT



CONTRACT NO. G041DPWT22



DATED: May 3, 2022

EXERCISE OF RENEWAL OPTION

Contractor Description of Scope of Work/Services

Bureau of Corrections Maintain roadsides and guts



Pursuant to the renewal option provision of Contract No. G041DPWT22, and subject to the appropriation

and allotment of necessary funds, notice is hereby given that the Government of the U.S. Virgin Islands,

Department of Public Works, exercises its option to renew and does hereby renew the aforementioned

contract for the period May 3, 2023, to May 2, 2024, at the stipulated cost therein.



All the terms, covenants, and conditions of the contract affected shall continue in full force and effect. A

facsimile, electronic or digital signature on this Contract shall be deemed an original and binding

upon the Parties hereto.



Please acknowledge receipt and acceptance hereby signing and returning to:

The Department of Property and Procurement

Bldg.#1, Subbase, Third 3" Floor

St. Thomas, VI 00802



ACKNOWLEDGMENT & ACCEPTANCE: GOVERNMENT OF THE VIRGIN ISLANDS

Wore Anoherputk



Wynnie Testamark, Director Derek Gabriel, Commissioner



Bureau of Corrections Department of Public Works



DATE: [2 [HI? pate Sto( 2b



K<2AOHD DATE: 5/4/2023



Lisa M. Alejandro, Acting Commissioner

Department of Property & Procurement

MEMORANDUM OF AGREEMENT



THIS MEMORANDUM OF AGREEMENT (“MOA”) is made this day of 3rd of May

2022 inthe Territory of the Virgin Islands, by and between the Government of the Virgin Islands,

Department of Public Works, and the Virgin Islands Bureau of Corrections, each a “Party” or

collectively “Parties,” through the Department of Property and Procurement.



WITNESSETH:



WHEREAS, the Government is in need of the services of a Contractor to maintain

roadsides and guts, which duties and responsibilities are more particularly described in

Addendum I (Scope of Services) attached hereto; and



WHEREAS, Virgin Islands Bureau of Corrections was selected in accordance with 31

V.LC. § 239(a)(8) because of the allowances in Title 31 V.LC. § 1(b) and Title 5, Subtitle 3,

Part III, Chapter 401, §4509(d); and



WHEREAS, Virgin Islands Bureau of Corrections 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



Bureau of Corrections 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



This MOA shall be effective upon the date of execution of this MOA by the Commissioner of the

Department of Property and Procurement and shall terminate One (1) year thereafter. The

Government in its sole discretion shall have the option to renew this MOA for a period of one (1)

additional year subject to the same terms noted herein, by providing the Bureau of Corrections with

sixty (60) days written notice of the Government’s election to renew.



3. COMPENSATION



Department of Public Works, in consideration of the satisfactory performance of the services

described in Addendum I (Scope of Services), agrees to pay the Virgin Islands Bureau of

Corrections a sum not to exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000.00)



in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and

made a part of this MOA.



Contract No. G041DPWT22 Contractor’s Initials A

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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

hon-contract employees of the Government. or as agreed to by an addendum to this MOA,

however, said costs and expenses shall not exceed ($ N A).



5. RECORDS



BOC. when applicable. will present documented precise records of time and/or money expended

under this MOA,



6. PROFESSIONAL STANDARDS

BOC agrees to maintain the professional standards applicable to its profession and to consultants



doing business in the United States Virgin Islands. Inmate crews shall be attired in their standard

prison uniforms.



7. DOCUMENTS, PRINTOUTS, ETC.



All documents. books, records. instructional materials. programs. printouts. and memoranda of

every description derived therefrom and pertaining to this MOA shall become the property of the

Government and shall be turned over to it at the termination of this MOA. The abo e-described

materials shall not be used by the Bureau of Corrections or by any other person or entity except

upon the written permission of the Government.



8. ASSIGNMENT



BOC shall not subcontract or assign any part of the services under this MOA without the prior

Written consent of the Government.



9, INDEPENDENT CONTRACTOR

Not applicable.

10. GOVERNING LAW



This MOA shall be governed by the laws of the United States Virgin Islands and jurisdiction shall

remain in the United States Virgin Islands.



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Contract No. G041DPWT22 Contractor's Initials WA

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11. WAIVERS AND AMENDMENTS



No waiver. modification. or amendment of any term condition or provision of this MOA shall be

valid or of any force or effect unless made in w riting. signed by the parties hereto or their duly

authorized representatives, and specifying with particularity the nature and extent of such wair er,

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 MOA. but the same shall be strictly limited and

restricted to the extent and occasion specified in such signed writing or w ritings.



14. ENTIRE AGREEMENT



This MOA 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 MOA is not performed in accordance with the terms hereof. the Gov ernment

Will have the right to withhold any payment due to the BOC. such sums as DPW may deem ample

to protect it against loss or to assure pay ment of claims arising therefrom, and. at its option, DPW

may apply such sums in such manner as DPW may deem proper to secure itself or to satisfy such

claims. The Government will immediately notity the BOC in Writing in the event that it elects to

exercise its right to withhold.



16. CONDITION PRECEDENT



This MOA shall be subject to the av ailability and appropriation of funds and to the approval of

the Commissioner of the Department of Property and Procurement.



17. TERMINATION



hither party will have the right to terminate this MOA with or without cause on 10 days’ written

notice to the other party specifying the date of termination,



18. PARTIAL TERMINATION



Che performance of work under this MOA may be terminated by the DPW. in part. whenever the

Government shall deem such termination advisable by providing 10 days” written notice to the

Bureau of Corrections. This partial termination shall be effected by delivering to the BOC a Notice

of Partial Termination specifying the extent to which the term and or duties under this MOA are

terminated and the date upon which such termination becomes effective. The BOC shall be

entitled to receive payment for services provided to the date of termination. including pay



ment

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Contract No. G041DPWT22 Contractor's va

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for the period of the 10-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 MOA on account of race. creed. color. sex. religion.

disability. or national origin.



20. CONFLICT OF INTEREST



Bureau of Corrections 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 MOA,



21. NOTICE



Any notice required to be given by the Terms of this MOA shall be deemed to have been given

when the same is sent by certified mail. postage prepaid or personally delivered. addressed to the

parties as follows:



GOVERNMENT



Anthony D. fhomas



Commissioner Department of Property and Procurement

8201 Sub Base. Third Floor



St. Thomas. VE 00802



Derek Gabriel. Commissioner

Department of Public Works

8244 Subbase



St. Thomas. VI 00820



Wynnie Testamark. Director *

Virgin Islands Bureau of Corrections

Bureau of Corrections



9909 Industrial Park



Kingshill. VI 00850-9970



22. LICENSURE



Bureau of Corrections covenants that it has:

(c) obtained all of the applicable licenses or permits. permanent. temporary. or

otherwise as required by Title 27 of the Virgin Islands Code: and

(d) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands



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Contract No. GO41DPWT22 Contractor's Initials: WH

Code pertaining to professions and occupations.
23.
OTHER PROVISk)r4S
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Addendum I and ii. attached hereto. are a part of this M0. and incorporated herein h>
rclrencc.
24.
FALSE CLAIMS
BOC warrants that it shall not. ith respect to this MO:\. make or present an claim upon or
against the Go ernrnent of the Virgin Islands. or an officer department. hoard. commission. or
other agenc thercol knowinu such claims to he false. tictitious or fraudulent. Bureau ot’
(orrections ackno\\Iedges that making such a false. tictitious or t’raudulent claim is an offence
under Virgin Islands law
25.
FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES
.\ facsimile, electronic or diital swnature on this NlO.\ shall he deemed an originaL and binding
upon the Parties hereto.
IN WITNESS WHEREOF. the parties ha c hereunto set their hands on the da and
car tiust
aho\e written.
(;OVERNMENT OF THE VIRGIN ISLANDS
Zkabriel.i.sier
l)epartment o
P uhl Ic \\orks
.\nthon I).
I homas. Commissioner
I)ep’ rtmenl of Pr
ert\ and Procurement
+t
‘.
nIL
I Ls1amlrk l)tr.uor
Bureau of Corrections
APPROVF.I) .\S 10 LEG.\[. S(i’T1C’[I’N(’Y
DIpAR [MEN I OF Jvs lICE BY:
Assistant Attorney General
PURCEI\SE ORDER NO.
5 I 3 I 2022
Date
5
Contractors tnitiats 141*1”
W ITSS’
!1
Date
Contract No.
________________________
_______
_________________
5/3/2022
G041DPWT22