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CMS-07-021/023 - Los Angeles County Department of Children and ...

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SAMPLE CONTRACT<br />

God or <strong>of</strong> the public enemy, acts <strong>of</strong> Federal, State, or <strong>County</strong> Governments<br />

in their sovereign capacities, fires, floods, epidemics, riots, earthquakes,<br />

quarantine restrictions, strikes, freights embargoes <strong>and</strong> unusually severe<br />

weather, but in every case, the failure to perform must be beyond the<br />

control <strong>and</strong> without the fault or negligence <strong>of</strong> CONTRACTOR.<br />

34.4 If, after COUNTY has given notice <strong>of</strong> termination under the provisions <strong>of</strong><br />

this Section, it is determined by COUNTY that CONTRACTOR was not in<br />

default under the provisions <strong>of</strong> this Section, the contract will remain in full<br />

force <strong>and</strong> effect.<br />

35.0 TERMINATION FOR CONVENIENCE<br />

35.1 The performance <strong>of</strong> Services under this Contract may be terminated in<br />

whole or part when such action is deemed by COUNTY to be in its best<br />

interest <strong>and</strong> such termination is approved by the Board <strong>of</strong> Supervisors.<br />

Termination <strong>of</strong> Services hereunder shall be effected by delivery to<br />

CONTRACTOR <strong>of</strong> a ninety (90) day advance notice <strong>of</strong> termination<br />

specifying the extent to which performance <strong>of</strong> Services under this Contract<br />

is terminated <strong>and</strong> the date upon which such termination becomes effective.<br />

35.2 After approval <strong>of</strong> the termination by the Board <strong>of</strong> Supervisors, COUNTY will<br />

provide for the continued placement or removal <strong>of</strong> Placed <strong>Children</strong> in a<br />

fashion that is consistent with the best interest <strong>of</strong> children. In addition,<br />

CONTRACTOR shall:<br />

35.2.1 Stop Services under this Contract on the effective date <strong>of</strong><br />

termination.<br />

35.2.2 Continue to perform, as required by this Contract until the effective<br />

date <strong>of</strong> termination.<br />

35.3 After receipt <strong>of</strong> a notice <strong>of</strong> termination, CONTRACTOR shall submit to<br />

COUNTY in the form <strong>and</strong> with the certification as may be prescribed by<br />

COUNTY, its termination claim <strong>and</strong> invoice. Such claim <strong>and</strong> invoice shall<br />

be submitted promptly. COUNTY will not accept any such invoice<br />

submitted later than three (3) months from the effective date <strong>of</strong> termination.<br />

Upon failure <strong>of</strong> CONTRACTOR to submit its termination claim <strong>and</strong> invoice<br />

within the time allowed, COUNTY may determine, on the basis <strong>of</strong><br />

information available to COUNTY, the amount, if any, due to<br />

CONTRACTOR in respect to the termination, <strong>and</strong> such determination shall<br />

be final. After such determination is made, COUNTY shall pay<br />

CONTRACTOR the amount so determined as full <strong>and</strong> complete<br />

satisfaction <strong>of</strong> all amounts due CONTRACTOR under this Contract for any<br />

terminated Services, provided that such amounts may be <strong>of</strong>fset against any<br />

DCFS FFA Contract<br />

Part II - St<strong>and</strong>ard Terms <strong>and</strong> Conditions<br />

64

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