EXERCISE OF RENEWAL OPTION GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF PROPERTY & PROCUREMENT CONTRACT NO. G031DPWT24 DATED: September 5, 2024 EXERCISE OF RENEWAL OPTION Contractor Description of Scope of Work/Services Virgin Islands Bureau of . Roadside Maintenance Services Corrections Pursuant to the renewal option provision of Contract No. G031DPWT724, 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 September 5, 2025, to September 4, 2026, 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 a Testamark, Deced # Derek Gabriel, Commissioner Virgin Islands Bureau of Corrections Department of Public Works DATE: bfarlzoes DATE: Halcors Be ee pare: 8/13/2025 ee Lisa M. Alejan 0, Commissioner _ Department of Property & Procurement Renewal Option to G031DPWT24 OPCMR MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (MOA) is made this 5th day of September, 2024 _ in the 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 a Contractor to provide roadside maintenance which duties and responsibilities are more particularly described in Addendum I (Scope of Services) attached hereto; and WHEREAS, the Virgin Islands Bureau of Corrections was selected in accordance with 31 V.LC. §239(a)[8] because of the allowances in Title 31 V.I.C. §1(b) and Title 5, Subtitle 3, Part III, Chapter 401, §4509(d); and WHEREAS, the 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 intendingto be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Virgin Islands 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 one (1) additional period of one (1) year subject to the same terms noted herein, by providing the Virgin Islands 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 ($75,000.00) in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this MOA. General Contract No, C031DPWT24 Initials: wp OPCMR 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed N/A ($ N/A). 5. RECORDS The Virgin Islands Bureau of Corrections, when applicable, will present documented precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Virgin Islands Bureau of Corrections agrees to maintain the professional standards 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 MOA shall become the property of the Government and shall be turned over to it at the termination of this MOA. The above described materials shall not be used by the Virgin Islands Bureau of Corrections or by any other person or entity except upon the written permission of the Government. 8. ASSIGNMENT The Virgin Islands Bureau of Corrections shall not subcontract or assign any part of the services under this MOA without the prior written consent of the Government. 9, INDEPENDENT CONTRACTOR The Virgin Islands Bureau of Corrections shall perform this MOA as an independent contractor and nothing herein contained shall be construed to be inconsistent with this relationship or status. 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. 11. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOA shall be 2 General Contract No, G031DPWT24 vitae bY OPCMR 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 MOA, 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 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, Government will have the right to withhold any payment due to the Virgin Islands Bureau of Corrections, 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 Virgin Islands Bureau of Corrections 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 the Virgin Islands Bureau of Corrections gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. 16. CONDITION PRECEDENT This MOA 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 10 days’ written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work under this MOA may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing 10 days’ written notice to the Virgin Islands Bureau of Corrections. This partial termination shall be effected by delivering to the Virgin Islands Bureau of Corrections 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 3 f General Contract No, GO31DPWT24 Initials: Wel OPCMR such termination becomes effective. The Virgin Islands Bureau of Corrections shall be entitled to receive payment for services provided to the date of termination, including payment 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 The Virgin Islands 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 Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas U.S. Virgin Islands 00802 Derek Gabriel Commissioner Department of Public Works 8244 Sub Base St. Thomas, VI 00820 Wynnie Testamark Director Virgin Islands Bureau of Corrections 9909 Industrial Park Kingshill, VI 00850-9970 22. LICENSURE The Virgin Islands Bureau of Corrections covenants that it has: (a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise General Contract No, G031DPWT24 Initials: lugt OPCMR 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. 23. OTHER PROVISIONS Addenda I, II, and III attached hereto are a part of this MOA and are incorporated herein by reference. 24. FALSE CLAIMS The Virgin Islands Bureau of Corrections warrants that it shall not, with respect to this MOA, 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. The Virgin Islands Bureau of Corrections acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 25. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. {INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW} , } General Contract No. G031DPWT24 tnitiatsL 27 OPCMR The parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS “* Derek Gabriel, Commissioner Department of Public Works visa M. Alejandro, Cémmissioner "Department of Property and Procurement e Testamark, Director view Islands Bureau of Corrections APPROVED AS TO LEGAL SUFFIC DEPARTMENT OF JUSTICE BY: Lon FP Eh AAG Date 9/5/2024 Assistant Attomey Géneral PURCHASE ORDER NO.__ General Contract No._GO31DPWT24 Initials: pf