CONTRACT FOR PROFESSIONAL SERVICES



THIS AGREEMENT is made this 1° day of Octob-<C, 201%, 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 Human Services (hereinafter referred to as

"Government") and Jong-H. Park, MD (hereinafter referred to as "Contractor").



WITNESSETH:



WHEREAS, the Government is in need of the. services of a Contractor 10 serve’as an

Attending Physician at the Herbert Grigg Home for the Aged at Kingshill, St. Croix, Virgin

Islands, 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.I.C. § 239(a)(8); and



WHEREAS, the Contractor represents that it is willing and capable of providing stich

services; and



NOW, THEREFORE, in consideration of the mutual covenants herein contained, and

inténding to be legally bound by this written instrument, the parties hereto do covenant and agree

as follows:



1. 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



Upon execution. of this. Contract by the Commissioner of the Department of Property and

Procurement the Contract shall be effective for a Term beginning from. October 1, 2018 to

September 30, 2021.



3. COMPENSATION



The-Government, in consideration of the ‘satisfactory performance of the services described in.

Addendum J (Scope of Services), agrees to pay Contractor the sum of One Hundred Twenty-.

‘Two. Thousand Nine Hundred Ninety-Nineé and 76/100 Dollars ($122,999.76) in accordance

with the provisions:set forth in Addendum II. (Terms of Compensation) attached hereto and made.

a part of this Contract. .



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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 docuriented 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).



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 staridards 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 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 Contiact. The above

described materials shall not be used by Contractor or by any other person or entity except: upon

‘the written petmission 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..



10. INDEMNIFICATION



Contractor agrees to indemnify, defend and hold harmless Government from and against any and

all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including



Contract-No. P 6) 4 ADH S ct } 9 Contractor’s Initialk

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 thé services to. be performed

by Contractor under this Contract and arising frony 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 sha]] be construed 1o be. inconsistent with this relationship 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 aniendment 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, modifi cation 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 subject matter ‘addressed in this. agreement,

whether written or oral.



15. RIGHT TO WITHHOLD



Af work under this Contract is not performed in accordance with the terms hereof, Government will



have the right to withhold out of any payment die 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 to Government that such claims will be paid by Contractor or its insurance

carrier, if applicable in the eyent that such contest is not successful.



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Contract Na. PO 4 4 D to oT 7 Contractor’s. Initi

16. CONDITION PRECEDENT



This Contract shall be:subject to'the availability-and appropriation of funds and to the approval of

the Commissioner of the Department of Property and Procurement,



17. TERMINATION



Either party will have the right to terminate this Contract with or without. cause on ninety (90)

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 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-terni 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 (90) 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 degrée 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 (ie. the Governor, Lieutenant Governor,

member of the Legislature, or any other elected territorial official; or an officer

or employee of the legislativé, executive or judicial branch of the Government.

or any agency, board, commission or independent mstrumentality of the

Government, whether compensated ona 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;

and.



(1) ~—s no financial interest in the Contract as that term is defined in section

1101(1) of said Code chapter.



Contractor's Initials: i. a



Contract No.

21, EFFECTIVE DATE



The effective date of this Contract shall be the day of execution of the Contract by the

Commissioner of the Department of Property and Procurement.



‘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

parties as follows:



GOVERNMENT



Anthony D. Thomas



Commissioner:



Department of Property and Procurement

8201 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 00802



CONTRACTOR

Jong H. Park, MD

Physician



P.O. Box 2295

Kingshill, VI 00851



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 Islands Code; and.

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

pertaining to professions and occupations..



24. OTHER PROVISIONS



Addenda | and {I attached hereto are a part of this Contract and are incorporated herein by

reference,



Contract No. Contractor's Initia BS i

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, coniniission, oi



other agency thereof, knowing such claims. to be false. fictitious. or fraudulent. Contractor



acknowledges that making such a false, fictitious or fraudulént claim is. an offence undér Virgin



Islands law.



26. INSURANCE



Contractor shall maintain the following insurance coverages during the term of this Contract



(a) The Contractor shall provide the Government with Proof of Professional Liability and/or



Professional Malpractice insurance coverage of no:less 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 the Contractor’s éxisting coverage will expire before



the end of the term of this Contract; Contractor shall provide proof of renewal of coverage

within ten (10) days after the: beginning of the new coverage period.



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Contract.No, PO 4 4 D 4 S C ] 9 Cantractot’s [nitials: _ y, j

IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year

first above written.



WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS



92619



Kimberle( z, Commissioner Designee Date



eparpnent of Hu ervices

WEN QU €

ate



~ Anthony oe Commissioner

Department of Property and Procurement



wile tel le Cour Usa Pea abs |e

fons N edt"



Date



(Corporate seal, if Contractor is a corporation)



APPROVED AS TO LEGAL SUFFI -

DEPARTMENT OF JUSTICE BY: iva oon Date Ui rf / 14



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 and Jong H. Park M.D.



Anthony D. Thomas, Commissioner

Department of Property and Procurement



PO44DHSE19 7



Contract No. Contractor’s Initials