Common use of Implementation of the Agreement Clause in Contracts

Implementation of the Agreement. A. The implementation of this Settlement Agreement shall begin immediately upon the Effective Date. B. Within one month from the Effective Date of this Settlement Agreement, the State shall appoint a Settlement Agreement Coordinator to oversee compliance with this Settlement Agreement and to serve as a point of contact for the United States and the Independent Reviewer(s). C. The State shall maintain sufficient records to document that the requirements of this Settlement Agreement are being properly implemented and shall make such records available to the Independent Reviewer(s) and United States for inspection and copying on a reasonable basis. D. In order to determine compliance with this Agreement, and to the extent they are within the State’s custody or control, the Independent Reviewer(s) and the United States shall have full access to persons, employees, residences, facilities, buildings, programs, services, documents, records, and materials that are necessary to assess the State’s compliance and/or implementation efforts with this Settlement Agreement. Such access shall include departmental and/or individual medical and other records. The Independent Reviewer(s) and the United States shall provide reasonable notice of any visit or inspection. In addition, the United States shall exercise its access to DBHDD employees in a manner that is reasonable and not unduly burdensome to the Department’s affairs. The Parties agree in cases where there in an emergency situation that presents an immediate threat to life, health or safety of individuals, neither the United States nor Independent Reviewer(s) will be required to provide the State notice of such visit or inspection. Such access shall continue until this case is dismissed. E. The State shall notify the Independent Reviewer(s) promptly upon the death of any individual actively receiving services pursuant to this agreement. The State shall, via email, forward to the United States and the Independent Reviewer(s) electronic copies of all completed incident reports and final reports of investigations related to such incidents as well as any autopsies and death summaries in the State’s possession.