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FY 2004 Community Services Performance Contract <br /> <br />Subcontracting: The Board may subcontract any of the requirements in this contract. The <br />Board shall remain fully and solely responsible and accountable for meeting all of its obligations <br />and duties under this contract, including all services, terms, and conditions, without regard to its <br />subcontracting arrangements. Subcontracting must comply with applicable statutes, <br />regulations, and guidelines, including the Virginia Public Procurement Act. All subcontracted <br />activities shall be formalized in written contracts between the Board and subcontractors. The <br />Board agrees to provide copies of such contracts or other documents to the Department upon <br />request. The Board shall satisfy the subcontracting provisions in the General Requirements <br />Document. <br /> <br />9. Terms and Conditions <br /> <br /> a. Availability of Funds: The Department and the Board shall be bound by the previsions of <br /> this contract only to the extent of the funds available or that may hereafter become <br /> available for the purposes 'of the contract. <br /> <br /> b. Compliance: The Department may utilize a variety of remedies, including but not limited to <br /> requiring a corrective action plan, delaying payments, and terminating the contract, to <br /> assure Board compliance with this contract. Specific remedies, described in Exhibit I of this <br /> contract, may be taken if the Board fails to satisfy the reporting requirements in this <br /> contract. <br /> <br /> c. Disputes: Resolution of disputes arising from Department contract compliance review and <br /> performance management efforts or from actions by the Board related to this contract may <br /> be pursued through the dispute resolution process in section 9.f, which may be used to <br /> appeal only the following conditions: <br /> <br /> 1) reduction or withdrawal of state general or federal funds, unless funds for this activity <br /> are withdrawn by action of the General Assembly or federal government, or adjustment <br /> of allocations or payments pursuant to section 5 of this contract; <br /> <br /> 2) termination or suspension of the performance contract, unless funding is no longer <br /> available; <br /> <br /> 3) refusal to negotiate or execute a contract modification; <br /> <br /> 4) disputes arising over interpretation or precedence of terms, conditions, or scope of the <br /> performance contract; <br /> <br /> 5) determination that an expenditure is not allowable under this contract; and <br /> <br /> 6) determination that the performance contract is void. <br /> <br /> d, Termination <br /> <br /> 1) The Department may terminate this contract immediately, in whole or in part, at any time <br /> during the contract period if funds for this activity are withdrawn or not appropriated by <br /> the General Assembly or are not provided by the federal government. In this situation, <br /> the obligations of the Department and the Board under this contract shall cease <br /> immediately. <br /> <br /> 2) In accordance with § 37.1-198 of the Code of Virginia, the Department may terminate all <br /> or a portion of this contract, after unsuccessful use of the remediation process described <br /> in section 9.e and after affording the Board an adequate opportunity to use the dispute <br /> resolution process described in section 9.f of this contract. A written notice specifying <br /> the cause must be delivered to the Board's board chairman and executive director at <br /> least 75 days prior to the date of actual termination of the contract. In the event of <br /> contract termination under these cimumstances, only payment for allowable services <br /> rendered by the Board shall be made by the Department. <br /> <br />tO. 05-02-03 <br /> <br /> <br />