CONTRACT FOR PROFESSIONAL SERVICES



THIS AGREEMENT is made this kal day of Neve be A _, 2018, 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 Office of Management and Budget (“VIOMB”), Department of

Finance (“VIDOF”), Department of Education (“VIDE”), Department of Health (“VIDH”) and the

Department of Human Services (“VIDHS”) (hereinafter referred to as "Government") and Bazilio

Cobb Associates, P.C. (hereinafter referred to as "Contractor").



WITNESSETH:

WHEREAS, the Government is in need of the services of a third-party fiduciary agent as

a condition of receiving further United States Department of Education (“USDE/ED”) Funding,

because the USDE/ED has mandated that the Government utilize the services of a third-party

fiduciary agent, acceptable to the USDE/ED, to administer its funding to VIDE, VIDH, and

VIDHS which duties and responsibilities are more particularly described in Addendum I (Scope

of Work) attached hereto; and



WHEREAS, the Government entered into the Contract for Professional Services, Contract

No. PC-OMB-084-2010 (the “Original Contract”) approved by the Governor of the Virgin Islands

on June 24, 2010, with Thompson, Cobb, Bazilio & Associates, P.C. pursuant to which the



Government engaged Thompson, Cobb Bazilio & Associates, P.C. to manage grant funds awarded

by the USDE/ED to the Government; and



WHEREAS, the Original Contract was amended by Contract No. PC003O0MB11 (“First

Amendment”), which was signed by the Governor on September 30, 2010;



WHEREAS, the Original Contract and First Amendment were assigned to the Contractor

as successor-in-interest to Thompson, Cobb, Bazilio & Associates, P.C. by assignment and

Contract No. PCO900MB12, which was approved on December 10, 2012; and



WHEREAS, two renewal options were processed namely, Contract No. PC11O0MB13

which was approved on June 13, 2013 and Contract No. PC116OMB14 which was approved on

June 24, 2014; and



WHEREAS, the Government solicited services for a third-party fiduciary agent through

RFP No. 002-2016(P), but USDE/ED concurrence was not received at the completion of the

solicitation process; and



WHEREAS, in order to maintain a third-party fiduciary agent, as mandated by USDE/ED,

the Government contracted with the Contractor to serve as the third-party fiduciary agent under

Contract No. PO71OMBT16 approved by the Governor on September 21, 2016; and



WHEREAS, Contract No. PO71OMBT16 was amended by Contract No. PO011OMBT17,

which was approved by the Governor on November 4, 2016, and amended via Amendment No. II

in Contract No. P044OMBT17 which was approved by the Governor on March 30, 2017; and



Contract No. PO 37 0 M RB T 1 9 Contractor’s Initials:



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WHEREAS, Contract No. PO44OMBT17, expired pursuant to its terms on October 31,

2018; and



WHEREAS, the USDE/ED has issued Federal Fiscal Year (“FFY”) FFY2018-2019

Specific Conditions (“Specific Conditions”), which requires the Government’s continued use of a

third-party fiduciary agent; and



WHEREAS, the Government solicited the services of a third-party fiduciary agent through

RFP-015-2018(P) in accordance with the Government’s procurement laws, but USDE/ED’s

concurrence is required of the selected contractor but said concurrence has not yet been received;

and



WHEREAS, it is therefore necessary for the Government to engage the Contractor to

comply with the USDE/ED’s mandate for the continued services of third-party fiduciary agent for

the oversight and management of its grant funding to the Government; and



WHEREAS, the Contractor has provided uninterrupted services to the Government as the

third-party fiduciary agent; 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 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



The Contractor will provide the services described in Addendum I (Scope of Work) which is

specifically, USDE/ED FFY2018 — 2019 Specific Conditions Attachment A, dated June 26, 2018,

attached to this Contract and incorporated herein by this reference.



2. TERM



Upon execution of this Contract by the Governor of the Virgin Islands the Contract shall be

effective for a Term beginning from November 1, 2018 to October 31, 2019. The Government in

its sole discretion, shall have the option to renew this Contract for a period of two (2) additional

one (1) year periods, subject to the same terms noted herein, by providing the Contractor with

thirty (30) days written notice of the Government’s election to renew.



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Contractor’s Initials: 7 *



Contract No. P J} 34 OM B T 1 9



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3. COMPENSATION



The Government, in consideration of the satisfactory performance of the services described in

Addendum I (Scope of Work), agrees to pay Contractor a sum not to exceed Two Million Six

Hundred Eighty-Three Thousand Three Hundred Sixty Nine Dollars and Sixty Four Cents

($2,683,369.64.) in accordance with the provisions set forth in Addendum II (Compensation)

attached hereto and made a part of this contract.



Fees associated with the maintenance and upkeep of the Tyler MUNIS system associated with

this project, total annual amount of $83,369.64, is paid by the Contractor and reimbursed by the

Government on a monthly basis is included in the total contract amount of $2,683,369.64



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.



5. RECORDS



The Contractor when applicable, will present documented precise records of time and/or money

expended under this Contract. Such records shall include, but shall not be limited, to a description

of all deliverables and tasks performed. All records derived therefrom and pertaining to this

Contract is the property of the Government and shall be turned over to it at the termination or

expiration of this Contract. The above described materials shall not be utilized by the Contractor

or by any other person or entity except upon the written permission of the Government.



6. PROFESSIONAL STANDARDS



The Contractor agrees to maintain the professional standards applicable to its profession and to

consultants doing business in the United States Virgin Islands. The Contractor states that it has

done a thorough background check on all employees, personnel and others and verifies that those

persons are qualified and possess the training and skills necessary to perform the work and services

required under this contract.



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 Contract. The above



4 7 1c ° ; aed.

Contract No. P.O 370 MBT19 Contractor’s Initials: LIKE



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

the written permission 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, after the Government has obtained the prior written

approval of the USDE/ED.



10. INDEMNIFICATION



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

and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including

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 the services to be performed

by Contractor under this Contract and arising from 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 shall be construed to 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 without regard to its conflict of laws provisions.



13. WAIVERS AND AMENDMENTS



No waiver, modification or amendment 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



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Contract No. P.O 310 MBT ] 9 Contractor’s Initials: 46



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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 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



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

have the right to withhold out of any payment due 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 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.



17. TERMINATION



Either party will have the right to terminate this Contract with or without cause on thirty (30) days

written notice to the other party specifying the date of termination.



Upon receipt of a Notice of Termination, and except as directed by the Government, the Contractor

shall immediately proceed with the following obligations, regardless of any delay in determining

or adjusting any amounts due under this clause:



(a) Cease operations as specified in the notice;



(b) Place no further subcontracts or orders for materials, services, or facilities, except as

necessary to complete the continued portion of the contract;



(c) Terminate all subcontracts to the extent they relate to the work terminated;



(d) Take actions necessary, or that the Government may direct, for the protection and

preservation of the work and property related to this contract that is in the possession

of the Contractor and in which the Government has or may have an interest;



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Contract No. PO 31 OM RB LI 9



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(e) Transfer title and delivery to the Government of all work in process, completed work,

material produced or acquired for the work terminated;



In the case of such termination for Government’s convenience, the Contractor shall be entitled to

receive payment for work executed and reasonable costs incurred by reason of such termination.

All materials, supplies and equipment purchased in connection with the scope of work shall, not

including any software or structured methodology, if and when paid for by the Government,

become the property of the Government



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 thirty (30) 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 thirty (30) 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 degree 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 (i.e., the Governor, Lieutenant Governor,

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

or employee of the legislative, executive or judicial branch of the Government

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

Government, whether compensated on a 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;



(iii) no financial interest in the Contract as that term is defined in section

1101(1) of said Code chapter.



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21. EFFECTIVE DATE



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



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:



Contract No.



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PO31 OMBT19



GOVERNMENT



Anthony D. Thomas



Commissioner Nominee



Department of Property and Procurement

Sub Base, Building No. 1, Third Floor

St. Thomas, US Virgin Islands 00802



Jenifer C. O’Neal



Director Nominee



Office of Management and Budget

5041 Norre Gade — 2"! Floor

Emancipation Garden Station



St. Thomas, US Virgin Islands 00802



Kimberley Causey-Gomez

Commissioner Nominee



Department of Human Services

Knud Hansen Complex - Building A

1303 Hospital Ground



St. Thomas, US Virgin Islands 00802



Racquel Berry-Benjamin

Commissioner Nominee



Department of Education



#44-46 Kongens Gade



St. Thomas, US Virgin Islands 00802



Kirk Callwood, Sr.



Commissioner Nominee



Department of Finance



2314 Kronprindsens Gade



St. Thomas, US Virgin Islands 00802



7 IVES

Contractor’s Initials:

Justa Encarnacion

Commissioner Nominee

Department of Health

#48 Sugar Estate



St. Thomas, VI 00802



CONTRACTOR



Ralph B. Bazilio, CPA, CEO



Bazilio Cobb Associates, P.C.



1001 Connecticut Ave., NW, Suite 745

Washington, DC 20036



23. LICENSURE



The Contractor covenants that it has:



(a)

(b)



obtained all of the applicable licenses or permits, permanent, temporary or otherwise

as required by Title 27 of the Virgin Islands Code; and



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

pertaining to professions and occupations.



24. OTHER PROVISIONS



Addenda I, II and III, attached hereto are a part of this Contract and are incorporated herein by



reference.



25. CONTRACTOR PROJECT PERSONNEL



(a)



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Contractor shall, in writing, provide the Government with the names and

qualifications, which shall include references and curriculum vitae, of all Key

Personnel and Operating Personnel that will be providing services under this Contract.

Key Personnel shall be subject to the approval of the Government. The Government’s

approval process for Key Personnel may, at the discretion of the Government, include

a face to face interview. Once approved by the Government, Key Personnel may not

be removed from the project without the prior approval of the Government. In the

event the Government approves the removal of any Key Personnel, Contractor shall

provide the name and qualifications, which shall include references and curriculum

vitae, of the replacement Key Personnel. All replacement Key Personnel shall be

subject to the approval of the Government, which approval process may, at the

discretion of the Government, include a face to face interview. Contractor’s

replacement Key Personnel shall be of similar caliber, and meet the same professional

standards, as the members who were part of the Contractor’s initial project team.



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P( 3 ] OMBT19 Contractor’s Initials: SKE

(b)



(c)



(d)

(e)



(f)



(g)



Contract. No.



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“Key Personnel” shall mean an employee of the Contractor serving in a supervisory

capacity or in a position that includes any responsibility or authority to make

discretionary decisions with respect to the services to be performed under this Contract.

Key Personnel includes, but is not limited to, all managers.



“Operating Personnel” shall mean any person employed by the Contractor with respect

to this Contract who is not in a supervisory capacity with the authority to make

discretionary decisions with respect to the services to be performed under this Contract

and whose duties involve performing the specific tasks described in the scope of work

under this Contract under the supervision and direction of the Contractor’s Key

Personnel.



All Key Personnel assigned to this Contract shall be employees of the Contractor.

Contractor may not subcontract any Key Personnel positions.



Contractor shall assign a Key Personnel employee to act as Contractor Project Manager

with respect to this Contract. The Contractor Project Manager shall have the

responsibility of managing the project under this Contract on behalf of the Contractor.

Also, the parties agree that any performance issues or other issues and concerns that

the Government may have with respect to the Contract shall first be communicated to

the Contractor Project Manager.



The Government shall have the right to request the removal of any Key Personnel and

any Operating Personnel that is an employee of the Contractor. Upon such request,

Contractor shall, within THIRTY (30) days, remove the subject individual or

individuals from the project and present the names and qualifications, including

references and curriculum vitae, of replacement Key Personnel or Operating Personnel,

as the case may be. Individuals selected to replace Operating Personnel may

commence performance of their duties upon the Government’s receipt of the names

and qualifications of said individuals. In addition, the Government shall have the right

to recommend the removal of any Operating Personnel that is a subcontractor of the

Contractor. In the event the Contractor acts upon the Government’s recommendation,

it shall within THIRTY (30) days of the removal of such Operating Personnel

subcontractor present the names and qualifications, which shall include references and

curriculum vitae, of a replacement subcontractor for review by the Government.

Individuals or entities selected to replace an Operating Personnel subcontractor may

commence performance of their duties upon the Government’s receipt of the names

and qualifications of said individuals or entities. In the event any Key Personnel or

Operating Personnel is removed from the project, Contractor shall re-allocate the work

assignments and duties as necessary among existing personnel in order for services

under the Contract to continue without abatement or interruption until replacement

personnel is chosen and commences his or her duties.



Notwithstanding any other terms of this Contract to the contrary, the provisions of this

Section 25 are not subject to the Dispute Resolution provisions of Section 33 of this

Contract.



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P0371 OMBT1 9 Contractor’s Initials: (OGE

26. GOVERNMENT PROJECT MANAGER



The Government shall assign an individual to act as Government Project Manager with respect to

this Contract. The Government Project Manager shall be responsible for the interaction between

the Contractor and the Self-Contained Model (SCM) aka Federal Grants Specialized Processing

Unit (FGSPU) of the Office of Management and Budget, who will coordinate efforts and liaison

with the Virgin Islands agencies that receive USDE/ED grant funds. The parties agree that any

payment issues or other issues and concerns the Contractor may have with respect to the

Contract shall first be communicated to the Government Project Manager.



27. 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, commission,

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

acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin

Islands law.



28. INSURANCE

Contractor shall maintain the following 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 Million Dollars and No Cents ($1,000,000.00) for anyone per

occurrence for death or personal injury and One Million Dollars and No Cents

($1,000,000.00) for any one occurrence 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) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to

the Government, which covers the services being performed under this Contract, with

policy limits of not less than Two Million Six Hundred Thousand Dollars and No Cents

($2,600,000.00) per claim, The Government shall be listed thereon as a certificate holder.



(c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the

Government Insurance Fund or other form of coverage.



29. VI Third Party Fiduciary Transition Period



The Contractor will coordinate efforts with any new selected contractor/third party fiduciary agent

to transfer processes, files, records and any other pertinent information required for the seamless

transition of responsibilities.



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Contract No. PO 31 OMBT1 9



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30. ORDER OF PRECEDENCE



Except with respect to Addendum I (Scope of Work) — USDE/ED Specific Conditions to this

Contract, in the event of a conflict between the provisions of this Contract and the Addenda to the

Contract, the provisions of this Contract shall prevail. In the event of a conflict between the

provisions of Addendum I (Scope of Work) - USDE/ED Specific Conditions of this Contract and

the provisions of this Contract or another Addendum to the Contract, the provisions of Addendum

I (Scope of Work) - USDE/ED Specific Conditions shall prevail.



31. FORCE MAJEURE



Contractor and/or Government shall be excused from performance under this Contract for any

period that Contractor or the Government is prevented from performing any services in whole or

in part as a result of acts of God, actions or inactions of the Government, floods, epidemics, fire,

quarantine restrictions, strikes, freight embargoes, unusually severe weather, provided that the

Contractor or the Government have prudently and promptly acted to take any and all preventive

and/or corrective steps that are within the Contractor’s or the Government’s control to ensure that

the Contractor or the Government can promptly perform. Such non-performance (collectively, a

Force Majeure Event) shall not be deemed as a breach of the Contract. This clause shall not relieve

the Contractor of responsibility for developing and implementing all prudent contingency and

disaster recovery measures, Subcontractor interruptions shall not be considered a Force Majeure

Event unless agreed upon by both parties.



The party delayed by a Force Majeure Event shall immediately notify the other party by telephone

of the occurrence of a Force Majeure Event, all preventive and corrective steps taken, how it affects

performance, and the anticipated duration of the inability to perform. This information shall be

confirmed in writing, via hand delivery return receipt, within FIVE (5) days of the inception of

such delay.



32. PERFORMANCE AND OPERATIONS PROTOCOLS



Contractor shall set forth its recommendations and proposed verification and control protocol in a

written report (the “Assessment and Recommendation Report”).



In preparing the Assessment and Recommendation Report, Contractor shall consult and coordinate

efforts with the Government, specifically the Office of Management and Budget, to identify those

particular functions of the Government that are subject to time parameters and the failure of

performance, by the user agencies, of which may adversely impact the Government, such as failing

to satisfy administrative requirements that results in the lapsing of USDE/ED grant funds. The

Recommendation Report shall also verify the duties and functions, as identified, that must be

performed in order to permit the Government and the Contractor to satisfactorily perform their



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Contract No. PO 3] OM B T ] 9



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duties. The parties agree that, based upon this information, the parties shall amend the Contract to

specify performance guarantees by the Contractor.



Notwithstanding the afore-mentioned provisions, the Contractor is under a duty and obligation to

continue the performing the duties as the Third-Party Fiduciary Agent and shall adhere to the

following protocols regarding communication on this project:



(a) All Communications regarding the Assessment and Recommendations Report by and/or



between and/or to Key Personnel shall be in writing and the Contractor shall copy the



Government Contract Manager and the Director of the Office of Management and Budget.

(b) The Contractor shall copy the Government Contract Manager and the Director of the Office

of Management and Budget (or her designee) on all Communications by and/or between

and/or to Key Personnel regarding the Contractor’s performance of this Contract and/or

the Government’s performance as it pertains to the USDE/ED grants.



(c) Communications include, but are not limited to, electronic mail, reports, status updates and

memoranda and is more fully described in Addendum I (Scope of Work).



(d) The Contractor, as it pertains to this paragraph, shall include any subcontractor.



(ec) No meetings regarding this project will be conducted without the participation of the Office

of Management and Budget.



(f) The Contractor shall give the Office of Management and Budget sufficient notice, as

determined by the Government, of any meeting as to facilitate the participation of the

Office of Management and Budget.



33. DISPUTE RESOLUTION



The parties agree that if any dispute arises between the parties under this Contract, the following

dispute resolution procedure shall be followed:



Contract NoF 0 3] OM B T 1 9



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(a)



(b)



The parties agree to first make good faith efforts to resolve any and all disputes

themselves relating to the permissible use and application of USDE/ED grant funds

before seeking USDE/ED’s assistance. If the parties cannot resolve the dispute

themselves and seek the assistance of USDE/ED, as noted in USDE/ED FFY2018

~ 2019 Specific Conditions, dated June 26, 2018, Page 8, Item #3, USDE/ED may

issue “decisions or advice” in resolution of the unresolved issue.



In the event any conflict or disagreement arises under this Contract, neither party

shall file any claim or suit against the other party until it has first provided written

notice to the other party of the alleged dispute and submitted the dispute to

mediation in the U.S. Virgin Islands. No-lawsuit, claim or controversy shall be

filed until the conclusion of the mediation and certification by the mediator that an

impasse has been reached or until 90 days has passed, whichever comes first. The

mediation shall be conducted under the rules of the American Mediation

Association and any mediator chosen by the parties must be certified by said



Association.

12

Contractor’s Initials:

(c) Pending any and all dispute resolution during the 90 day mediation period set forth

herein and pending any and all resolution of any lawsuit or claim filed in the event

mediation is not successful, Contractor shall continue to perform work under the

Contract and the Government shall, pursuant to the provisions of Addendum II to

this Contract, continue to pay Contractor for such work.



34. U.S. DEPARTMENT OF EDUCATION (USDE/ED) SPECIAL CONDITIONS



The parties acknowledge the USDE/ED may, at its discretion, revise or supplement the Specific

Conditions attached as Addendum I to this Contract. In the event USDE/ED revises or

supplements the Specific Conditions attached as Addendum I to this Contract, the parties shall, as

necessary and pursuant to Section 13 herein, amend the terms and provisions to this Contract so

that such terms and provisions correspond with and do not conflict with the new Specific

Conditions, and incorporate the new Specific Conditions as a new Addendum to this Contract.



35. PROCUREMENT STANDARDS



With respect to the procurement of goods and services under this Contract, the provisions of all

applicable Code of Federal Regulations (CFR) apply. Under those provisions, the Virgin Islands

is directed to use its own procurement laws and regulations. Pursuant to Chapter 23 of Title 31,

Virgin Islands Code, the Virgin Islands Department of Property and Procurement, through its

Commissioner, is charged with purchasing and contracting for all supplies, materials, equipment

and contractual services for executive branch agencies. Such agencies include those receiving

USDE/ED grant funds. 3 V.I.C. § 62 states that the Commissioners heading the executive

departments of the Government shall have the ultimate responsibility for the proper performance

of the functions vested in them or their respective departments. Said responsibility may not be

delegated. Accordingly, it is the responsibility of the Commissioner of Property and Procurement,

as the Chief Negotiating Officer for purchases and contracts relating to Virgin Islands agencies

receiving USDE/ED grant funds to assess the needs of such agencies and enter into contracts for

goods and services on behalf of said agencies. In all instances, the Commissioner of Property and

Procurement shall procure goods and services pursuant to the applicable provisions of Virgin

Islands procurement law and regulations.



S24 AMD a ¢ 8 | we

Contract ne 0 3 1 0 M B T ] 9 Contractor’s Initials: VUE



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



first above written.



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GOVERNMENT



HE VIRGIN ISLANDS



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C. O’Neal



bi ector’Designee



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Office Of Management and Budget



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Date



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Kimberley Causy/Gomez Z



Commissioner Nominee



LAA



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Department of Human Services



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Radquel Belry-Benj min



Commissioner Designee



Department of Education



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Commissioner Designee



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Kirk CallWood, S



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Commissioner Designee



Department of Finance



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Anthony



Commissioner Designee



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Department of Property & Procurement



14



Contractor’s Initials:



Contract Not 0 3 1 OM B T 1 9



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CONTRACTOR



Cbd Koh 6 baghs bajar?



Ralph B. Bazilio, CPA, GEO Date



/

Mier kik, fe Bazilio Cobb Associates, P.C



(Corporate seal, if Contractor is a corporation) ;



APPROVED:



( LIF). Date: Wy [rs

énorable-A bert Bryan Jr.



GOVERNOR OF THE VIRGIN ISLANDS



APPROVED AS TO LEGAL SUFFICIENCY

athe T OF JUSTICE BY;



signature: (\ MERRAD) Oe ba Print: (' ML. E, aie) vAD “f



Date: ia 14



PURCHASE ORDER NO.



CERTIFICATE OF APPROVAL

I hereby certify that this is a true and exact copy of Contract NoP 0510 MBTI cAtered i into

between the Department of Property and Procurement and Bazilio Cobb Associates, P.C.



Anthony D. Thomas, Commissioner Nominee

Department of Property and Procurement



Pp 0 3 1 0 M B T 1 9 ° Contractor’s Initials: (ES,



Contract No.



BCA 2019