• GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED ST A TES ---- o·---- DEPARTMENT OF PROPERTY AND PROCUREMENT SUPPLY CONTRACT Pursuant to 31 V.I.C § 239(a) (8) S00SDHST21 (STGC) This AGREEMENT, made this day of 2021 for the to deliver liquefied petroleum (lOOlbs propane gas) to the Virgin Islands Department of Human Services Territory Wide (St. Thomas/St. John District and St. Croix) by and between the Government of the Virgin Islands, hereinafter called the "GOVERNMENT", and Suntech Group, Inc dba St. Thomas Gas Company whose address is 9020 Estate Pearl, Christiansted, St. Croix, VI 00820-5608 hereinafter called the "CONTRACTOR", WITNESSETH: WHEREAS, the Government is in need of a contractor to provide liquefied petroleum(l0Olbs propane gas) to the Virgin Islands Department of Human Services Territory Wide (St. Thomas/St. John District and St. Croix); and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addendum I, II, III, and IV all attached hereto and made a part hereof; it is mutually agreed between the Parties as follows: SECTION 1. That for and in consideration of the price or prices and agreement in Addendum I (Scope of Work/Compensation) hereto attached and made a part of this Contract, the said Contractor agrees to deliver liquefied petroleum( 1 00lbs propane gas) to the Virgin Islands Department of Human Services in the St. Thomas/St. John District with the provisions of Addendum III (General Provisions), and Addendum IV (Termination of Contracts), all attached hereto and made a part hereof. S00SDHST21 (STGC) Initial_&(}) 29th January *::JiT.:: I:.g::*-ent, for and in consideration of the tuil and true OPCM ffi;::"#'f,li'X'#f; Addendum I /Sn^-o n€ trr^-1-t..^^-,, - ili*:#:l j,,i:"*nl"y,t:i?:Try#;"5i,';;#ifi"'Jff i,''JlliHll#31 L?#rfi,r'.:1tl,o:3uo" at the time and in the 'nunnr. ,ri #li,".,iJ'riJo|:i#:1? : General Provisions. SECTION 3. This Contract shall commence on upon ,#','ffiffi# HJ."':#lT1'l'^:o: #:;#:#i:ll"noffiHtffi il'"iffi ,:9".ii31153'Xi:i.:::|"pF6ii;.1'"T",1;":ffiiitr:iffi I made in writing and approveO Uyitre Covernment. in the the SECTION 4' This contract will remain in force for the.fu-ll period specified and until all articles or services ordered before the date of termination shall be satisfaclorily delivered and accepted and/or until all terms and conditions have u""n -"t, ,rrrt.r* lffiffi::'.jjffir:.fiiiration bv satisfactory delivery against orders or e4tire extended upon written authorization of the Government and accepted by the contractor, to permit ordering of unordered balances or additional quantitie$ at contract price or prices and in accordance with the contract terms. (a) (b) SECTION 5' Failure of the contractor to deliver within the time specified, or withifr a reasonable time as interpreted by the Government, o, aitur" to make ,"pL""*rrrt of rejeclted services when so requested, immediately or as oir"rt"J Ly the corr"*-"ni, will consti{ute authority for the Government to purchas" in th. op.r, -u.tlt to replace the services rejected or not delivered' The Government i"r"*", the rightio uuthorir" immediate pur"t ur., in the ofen market against rejections on this contract when-n-eces*ry. -o" all such purchases, the contraftor agrees promptly to reimburse the Government for excess costs occasioned by such purchaqes. such purchases will be deducted from contract quantities. However,. should public necesdity demand it' the Government reserves the right to use o, "orrrrr-" services delivered which pre substandard in quality, subject to an adjustment in price to be determined by the Government. SECTION 6' By execution of this contract, the contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has noibeen suspen{ed or debarred from entering into iontracts with d), f.d;*i-;;;*y. The Contractor shall include this provision in each of lts subcontracts hereunier and shal fumish its subcontractors with dhe current "LIST OF PARTIES EXCLUDED FROM rBonner pRocuRErr,rBNr oR NON_ PROCUREMENT'" In the event the contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the contracto, or rub"ontractor agrees that it shpll not be entitled to payment for any work performed under this contract or any subcontract and that the contractor or subcontru"to, shall promptty ,eimuurse the Government of the vir$in Islands for any progress payments heretofore made. s00sDHsT2l (STGC) OPCMR SECTION 7' contractor warrants that it shall not, with respect to this co,ntract, make or present any claim upon or against the Govern-""i oi trre viigin irrrrJr, or any officer, department' board, cbmmissioi, or other agency ,tr.r."q krowi-ng .u.rr-.i"i,, to be false, fictitious' or fraudulent' contractor a"tnoivt"dles thai making ,"u.r, u false,, fictitious, or fraudulent claim is an offense under Virgin Islandslaw. SECTION 8' contractor acknowledges that this contract is funded, in whole or in part, by federal funds' contractor wa'ants .that lt shall noi *itrr ,"rp..t to this contract, make or present any claim knowing such claim .to be rake, nctitious, or fraudulent. contractor acknowledges that making such a false, fictitious, or r.uuo.rirnt claim is a federal o,ffense. sEcrIoN 9' All quantities listed in this contract are estimates only. The Government will purchase items based on its actual needs, which may or may not amou't to the total estimated quantities' The contraqtor shall onty fulfill orders in accordance rvith approved purchase orders issued by the Government. SECTION 10' This contract is subject to the appropriation and availability of funds and to the approval of the commissioner of the-D"purt*"niof p'ioperty and procureme.nt. SECTION 11' The following insurance coverages are required by contract and contractor shall maintain these 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 hundred thorsand dollars ($100,000'00) for any one person per occurrence for death or personal injury and one hundred thousand dollars ($100,000.00) for any one o.r.ro.n.,, for property damage' Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS' COMPENSATION: Contractor shall supply current ccfverage under the Government Insurance Fund or other ro.- orcove.ug! SECTIoN 12' Either Parry may terminate this contract for cause by providing ten (10) days written notice to the other party specifying the date of termination. rire covernment may also terminate this contract for convenience on ten (10) days written notice in accordance with the Provisions of Addendum III (Termination of contracts).' SEcrIoN 13' A facsimile, electronic or digital signature on this contr.act shall be deemed an original and binding upon the parties hereto. ; SECTION 14' This contract shall become effective immediately upon and as of the day of signature by the commissioner of the Department orFroperty and procuremenr. S005DHST21 (STGC) Initial Afl 1/29/2021