Common use of Independent Reviewer(s) Clause in Contracts

Independent Reviewer(s). A. The Parties have jointly selected Xxxxxxxxx Xxxxx as the Independent Reviewer(s) for the Settlement Agreement. In the event that Xxxxxxxxx Xxxxx is unable to fulfill his/her duties under this Settlement Agreement, the Parties will select a replacement. If the Parties are unable to agree on a replacement, they shall each submit the names of up to three candidates to the Court, and the Court shall select the replacement. B. The Independent Reviewer(s) shall conduct the factual investigation and verification of data and documentation necessary to determine whether the State is in compliance with the terms of this Settlement Agreement at least annually, commencing on July 1, 2011 during the pendency of the Settlement Agreement. The Independent Reviewer(s) will file with the Court a written report on the State’s performance within 60 days after the close of each review cycle. The Independent Reviewer(s) will provide both the United States and State a draft of his or her report at least 10 business days before issuing the report. Both Parties will have five business days to review and comment on the proposed report before it is filed with the Court. The Parties may agree to allow the Independent Reviewer(s) an additional 20 days to finalize a report after he or she receives comments from the Parties, and such an agreement does not require Court approval. C. The Independent Reviewer(s) may: 1. Have ex parte communications with the Parties and the Court at any time, and speak with stakeholders at the Independent Reviewer(s)’ discretion. 2. Testify in this case regarding any matter relating to the implementation, enforcement, or dissolution of the Settlement Agreement, including, but not limited to, the Independent Reviewer(s)’ observations, findings, and recommendations in this matter. D. No Independent Reviewer(s) shall be: 1. Liable for any claim, lawsuit, or demand arising out of the monitoring of this Settlement Agreement. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for monitoring this Settlement Agreement. 2. Subject to formal discovery, including, but not limited to, deposition(s), request(s) for documents, request(s) for admissions, interrogatories, or other disclosures. The Parties are not entitled to access the Independent Reviewer(s)’ records or communications, although the Independent Reviewer(s) may provide copies of records or communications at the Independent Reviewer(s)’ discretion. The Court may review all records of the Independent Reviewer(s) at the Court’s discretion. E. To determine compliance with this Agreement, the Independent Reviewer(s) will have full access to residents, 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. To determine compliance with this Agreement, the Independent Reviewer(s) may also enter any facility or program providing services to persons covered by this Agreement and may interview, on a confidential basis or otherwise, persons directly affected by the Settlement Agreement with such person’s consent. F. DHBDD, through its employees or agents, will collect data with regard to each element of required performance under the terms of the Settlement Agreement and make it available on a timely basis to the Independent Reviewer(s). G. In addition to the other duties described above, by October 30, 2013, the Independent Reviewer(s) shall (1) assess whether the crisis and respite services, including mobile crisis teams, required under this agreement for individuals with developmental disabilities are adequate to address the needs of the target population; and (2) assess whether the Community Support Team model, as implemented by the State, provides services that are sufficient to meet the needs of the members of the target population who receive their services through CSTs. The Independent Reviewer(s) then shall provide recommendations to the Parties as to what, if any, additional crisis and respite services may be necessary. The parties shall consider any such recommendations and may modify the Settlement Agreement in accordance with the provisions of Section VII.E. The Independent Reviewer(s)’s assessment described in this paragraph shall neither be binding on the Parties nor given presumptive weight by the Court. H. Budget of the Independent Reviewer(s) 1. Within 60 days of appointment, the Independent Reviewer(s) shall submit to the Court for the Court’s approval a proposed budget for the first twelve months of operations. The parties agree that the anticipated budget for the Independent Reviewer(s) shall be no more than $250,000 for fiscal year 2012 plus an equivalent amount prorated through the remainder of fiscal year 2011. 2. The Independent Reviewer(s) will provide the Parties a draft of the proposed budget at least thirty days in advance of submission to the Court. The Parties shall raise with the Independent Reviewer(s) any objections they may have to the draft of the proposed budget within ten days of its receipt. If the objection is not resolved before the Independent Reviewer(s)’ submission of a proposed budget to the Court, a Party may file the objection with the Court within ten days of the submission of the proposed budget to the Court. The Court will consider such objections and make any adjustments the Court deems appropriate prior to approving the budget. 3. Thereafter, the Independent Reviewer(s) shall submit annually a proposed budget for the Court’s approval in accordance with the process set forth above. 4. At any time, but at least 30 days after sending to the Parties for review, the Independent Reviewer(s) may submit to the Court for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. The Parties shall have an opportunity to submit an objection to the Court concerning a proposed revision to the approved budget in accordance with the process set forth above. Budget revisions will be effective upon approval by the Court.