Common use of INDEPENDENT REVIEWER Clause in Contracts

INDEPENDENT REVIEWER. 1. A neutral Independent Reviewer shall be selected to act as a subject matter expert and to assess compliance as specifically authorized by the terms of this Agreement, or as required by the Court. The Independent Reviewer should have prior experience administering a state government program that includes providing employment services to individuals with I/DD. The parties agree that the Independent Reviewer must not have served as an expert, consultant, monitor, or independent reviewer for any of the parties or their counsel in connection with this action. The Independent Reviewer shall be selected as follows: a. The parties shall attempt to jointly select an Independent Reviewer. b. If the parties are unable to agree on an Independent Reviewer, each party shall submit to the Court a list of up to three nominees, and the Court shall select an Independent Reviewer from those lists pursuant to Fed. R. Evid. 706(a). c. With respect to any Independent Reviewer proposed or nominated by any party in connection with Sections XIV(1)(a) and (1)(b), the nominating party must identify and describe each nominee’s qualifications and experience, including listing and describing each instance in which the nominee has served as an expert, consultant, monitor, or independent reviewer in any action involving the parties. d. A similar process will apply to the replacement of the Independent Reviewer, as necessary. 2. At defendants’ request, the Independent Reviewer will be available to assist the defendants in implementing the provisions of the Agreement, including, at defendants’ request, providing training and technical assistance. Such assistance may include recommendations to facilitate compliance; and identifying any obstacles to compliance and strategies to address such obstacles. 3. Other than the assistance available at defendants’ request under Section XIV.2 of this Agreement, the Independent Reviewer shall assess the defendants’ progress in achieving substantial compliance through the following: a. Conducting an annual review of the State’s compliance with Sections IV(2), V(B)(1),and VI(3) of this Agreement; b. Conducting a review of the State’s compliance with Section VI(5) of this Agreement as of July 1, 2022; c. Conducting an annual review of the State’s substantial compliance on a systemic basis with the other terms of this Agreement and the Executive Order; d. To the extent reasonably necessary, conducting reviews for individuals in the Sheltered Workshop Target Population in order to determine any systemic patterns or practices concerning the Supported Employment Services provided to those individuals; and e. Issuing annual written reports reflecting the findings in this Section. 4. The Independent Reviewer will afford the parties 45 days to comment on a draft report prepared pursuant to Section XIV(3)(e) above prior to submitting the report with the Court. 5. The Independent Reviewer, and any hired staff or consultants may have periodic meetings and ex parte communications with, and make recommendations to, the Court and the parties; speak with stakeholders with such stakeholders’ consent, on a confidential basis; and testify in this case regarding any matter relating to the implementation of this Agreement and the performance of his or her duties under this Agreement, including the Independent Reviewer’s observations and findings. 6. The Independent Reviewer, along with any staff hired by the Independent Reviewer for the purpose of assisting the Independent Reviewer with his or her responsibilities under this Agreement, shall be reimbursed up to a maximum of $250,000 per year by the State.

INDEPENDENT REVIEWER. 1. A neutral Independent Reviewer shall be selected to act as a subject matter expert and to assess compliance as specifically authorized by the terms of this Agreement, or as required by the Court. The Independent Reviewer should have prior experience administering a state government program that includes providing employment services to individuals with I/DD. The parties agree that the Independent Reviewer must not have served as an expert, consultant, monitor, or independent reviewer for any of the parties or their counsel in connection with this action. The Independent Reviewer shall be selected as follows: a. : The parties shall attempt to jointly select an Independent Reviewer. b. . If the parties are unable to agree on an Independent Reviewer, each party shall submit to the Court a list of up to three nominees, and the Court shall select an Independent Reviewer from those lists pursuant to Fed. R. EvidX. Xxxx. 706(a). c. . With respect to any Independent Reviewer proposed or nominated by any party in connection with Sections XIV(1)(a) and (1)(b), the nominating party must identify and describe each nominee’s 's qualifications and experience, including listing and describing each instance in which the nominee has served as an expert, consultant, monitor, or independent reviewer in any action involving the parties. d. . A similar process will apply to the replacement of the Independent Reviewer, as necessary. 2. At defendants’ ' request, the Independent Reviewer will be available to assist the defendants in implementing the provisions of the Agreement, including, at defendants’ ' request, providing training and technical assistance. Such assistance may include recommendations to facilitate compliance; and identifying any obstacles to compliance and strategies to address such obstacles. 3. Other than the assistance available at defendants’ ' request under Section XIV.2 of this Agreement, the Independent Reviewer shall assess the defendants’ ' progress in achieving substantial compliance through the following: a. : Conducting an annual review of the State’s 's compliance with Sections IV(2), V(B)(1),and VI(3) of this Agreement; b. ; Conducting a review of the State’s 's compliance with Section VI(5) of this Agreement as of July 1, 2022; c. ; Conducting an annual review of the State’s 's substantial compliance on a systemic basis with the other terms of this Agreement and the Executive Order; d. ; To the extent reasonably necessary, conducting reviews for individuals in the Sheltered Workshop Target Population in order to determine any systemic patterns or practices concerning the Supported Employment Services provided to those individuals; and e. and Issuing annual written reports reflecting the findings in this Section. 4. The Independent Reviewer will afford the parties 45 days to comment on a draft report prepared pursuant to Section XIV(3)(e) above prior to submitting the report with the Court. 5. The Independent Reviewer, and any hired staff or consultants may have periodic meetings and ex parte communications with, and make recommendations to, the Court and the parties; speak with stakeholders with such stakeholders’ ' consent, on a confidential basis; and testify in this case regarding any matter relating to the implementation of this Agreement and the performance of his or her duties under this Agreement, including the Independent Reviewer’s 's observations and findings. 6. The Independent Reviewer, along with any staff hired by the Independent Reviewer for the purpose of assisting the Independent Reviewer with his or her responsibilities under this Agreement, shall be reimbursed up to a maximum of $250,000 per year by the State.