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FY 2005 Community Services Performance Contract <br /> <br /> 8) The findings of fact shall be final and c0n~lusive and shall not be set aside by the <br /> ,Commissioner unless they are (1) fraudulent, arbitrary, or capricious; (2) so grossly <br /> erroneous as to imply bad faith; or (3) in the case of termination of the contract due to <br /> failure to perform, the cdteria for performance measurement are found to be erroneous, <br /> arbitrary, or capddous. <br /> <br /> 9) The final decision shall be sent by certified mail to both parties no later than 60 days <br /> after receipt of the written notice from the party invoking the dispute resolution process: <br /> <br /> 10) Multiple appeal notices shall be handled independently and sequentially so that an <br /> initial appeal will not be delayed by a second appeal. <br /> <br /> 11) The Board or the Department may seek judicial review of the final decision as provided <br /> in § 2.2-4365 of the Code of Virginia in the Circuit Court for the City of Richmond within <br /> 30 days of receipt of the final decision. <br /> <br />g. Contract Amendment: This contract, including ail exhibits-and incorporated documents, <br /> constitutes the entire agreement between the Department and the Board. The services <br /> identifi~ed in the Exhibit A of this contract may be amended in accordance wi~h the <br /> performance contrae~ revision instructions, contained in Exhibit E of this contract. Other° <br /> provisions of this contract may be amended only by mutual agreement of the parties, in <br /> writing and signed by the parties hereto. <br /> <br />h. Liability: The Board shall defend or comprotnise, as appropriate, all claims, suits, actions, <br /> or proceedings adsing from its performance of this contract. The Board shall obtain and <br /> ma'rntafn suff'm'ient 'liability insurance to cover claims for bodily fftjury arid property damage <br /> and'suitable administrative or directors and officers liability insurance. These <br /> responsibilities may be discharged by means of a proper and sufficient self-insurance <br /> program operated by the state or a city or county govemrnent~ The Board shatl provide a <br /> copy of any such policy or program to the Department up~)n request. This contract is not <br /> intended to, and does not, create by implication or otherwise any basis for any claim or <br /> -cause of action by a person-or entity not a party to.this contract, adsing out of any ctaimed <br /> violation of any provision of this contract, nor does it create any claim or right on behalf of <br /> any individual to services or benefRs from the Board or the Department. <br /> <br />i. Severability: Each paragraph and provision of this contract is severable from the entire <br /> performance contract, and the remaining provisions shall nevertheless remain in full force <br /> and effect if any prevision is declared invalid or unenforceable. <br /> <br />Areas for Future Resolution: On an ongoing basis, the Board and the Department agree <br />to work together to identify and resolve barriers and policy and procedural issues that interfere <br />with the most effective and efficient delivery of public services. This section identifies issues <br />and topics that the Board and the Department agree to work on colfaboratively dudng the term <br />of this contract in order to resolve them dudng that pedod or later, if necessary. Issues and <br />topics may be added at any time 'by mutual agreement through amendment of this contract. <br />The Board or representatives of the Board and the Department will establish work groups <br />where appropriate to address these issues and topics. The Department and the Board also <br />may address issues' and topics through the System Leadership Council; which is-described'in' <br />the Partnership Agreement. <br />a. Operational Framework: Develop a framework for how the Board and the Department will <br /> assure and improve the quality of care and work together as partners, making the goals and <br /> provisions of the Partnership Agreement operational. <br /> <br />b. Systemic Procedures: Develop aprocessor mechanism, similar to the Departmental <br /> Instructions used with state facilities, to establish standardized, systemic procedures for <br /> community services boards, particularly regarding clinical treatment and habilitation <br /> services provision. <br /> <br /> 1R ~4~Rn-?nn4 <br /> <br /> <br />