Section 357.140  Contract Termination

a)         The Department of Children and Family Services and the purchase of service provider reserve the right to terminate a purchase of service contract at any time upon provision of 30 days written notice to the other party. However, if either party fails to comply with the terms of the contract, the contract may be terminated by the other party effective upon the date of written notice of termination.

b)         The Department shall not be liable for payment for service provided after the contract termination date or after the last child for whom the Department is making payment is removed from the provider's care, whichever is later. The Department is also not liable for any payments to individuals or entities for which the purchase of service provider is contractually obligated.

c)         The purchase of service provider shall return to the Department all funds received from the Department that are in excess of actual costs of providing the contract services that were delivered before the contract was terminated.

d)         Upon expiration or termination of the contract, any building and equipment meeting the following two conditions shall be identified to the Department within 90 days and returned subject to final disposition decision:

1)         exceeding $1,500 in value at the time of purchase with a useful life of 3 years; and

2)         purchased directly with Department funds and not included in an acceptable cost allocation plan.

(Source:  Amended at 29 Ill. Reg. 8706, effective June 8, 2005)