Common use of Monitoring and Enforcement Clause in Contracts

Monitoring and Enforcement. 1. The Parties have jointly selected Xxxxx Xxxxxx as the Monitor for this Interim Agreement. The State and PPSD will contract with the Monitor to provide monitoring services pursuant to this Interim Agreement, subject to applicable purchasing laws. In the event that the Monitor resigns or the Parties agree to replace the Monitor, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Monitor, or from the date the Parties agree to replace the Monitor, they shall each submit the names of up to three candidates and shall select the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim Agreement, on a monthly cycle continuing during the pendency of the Interim Agreement. The Monitor may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justice. 3. The Monitor shall provide a written report to the Parties regarding the State and PPSD’s compliance with the terms of this Interim Agreement every 90 days for the first year of this Interim Agreement and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim Agreement. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing of each written report. The Monitor shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim Agreement, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSD’s compliance with this Interim Agreement, to the extent they are within the State or PPSD’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV above. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. Data collected by the State or PPSD; b. Information necessary to determine that placements, pursuant to the terms of this Interim Agreement, meet the definition and standards set forth in Section V; c. Information necessary to ensure that the Interim Agreement outcomes set forth in Section IV are met; and d. Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim Agreement. 6. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their duties under this Interim Agreement. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim Agreement. 7. The Monitor and any hired staff or consultants shall not be 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 Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. The allocation of the cost of the Monitor between the State and PPSD, including the cost of any consultants and staff to the Monitor, shall be determined by the State and PPSD, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in this Interim Agreement shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matter. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Then, annually thereafter. c. The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties. 9. The Monitor, including any hired staff or consultants, shall not enter into any contract with the State or the City of Providence/PPSD while serving as the Monitor. If the Monitor resigns from his/her position as Monitor, he/she may not enter into any contract with the State or the City of Providence/PPSD on a matter related to this Interim Agreement during the pendency of this Interim Agreement without the written consent of the United States. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim Agreement, its implementation, or the State or the City of Providence/PPSD’s compliance.

Monitoring and Enforcement. 1. The Parties have jointly selected Xxxxx Xxxxxx Xxxxxxx Xxxxxxx as the Monitor for this Interim AgreementMonitor. The State and PPSD will contract with the Monitor to provide monitoring services pursuant to this Interim AgreementConsent Decree, subject to applicable purchasing laws, and the State will fulfill all obligations under that contract. In the event that the Monitor resigns or the Parties agree to replace the Monitor, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Monitor, or from the date the Parties agree to replace the Monitor, they shall each submit the names of up to three candidates to the Court and the Court shall select the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim AgreementConsent Decree, on a monthly cycle regular cycle, to be agreed upon by the Parties by no later than May 1, 2014, and continuing during the pendency of the Interim AgreementConsent Decree. The Monitor may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ his/her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justice. 3. The Monitor shall provide a written report to the Parties regarding the State and PPSDState’s compliance with the terms of this Interim Agreement Consent Decree every 90 days for the first year of this Interim Agreement from April 1, 2014 through April 1, 2015, and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim AgreementConsent Decree. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing of each written report. The Monitor shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim AgreementConsent Decree, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSDState’s compliance with this Interim AgreementConsent Decree, to the extent they are within the State or PPSDState’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV aboveXVI. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement Consent Decree with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement Consent Decree is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. Data collected by the State or PPSDState; b. Information necessary to determine that placements, pursuant to the terms of this Interim AgreementConsent Decree, meet the definition and standards set forth in Section Sections V-VI; c. Information necessary to ensure that the Interim Agreement Consent Decree outcomes set forth in Section IV are met; and d. Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim AgreementConsent Decree. 6. The Monitor, and any hired staff or consultants, may: a. Have ex parte communications at any time with the Court, the Parties, including counsel for the Parties, and employees, agents, contractors and all others working for or on behalf of the State or the United States to implement the terms of this Consent Decree; b. Request meetings with either or both Parties. The purpose of these meetings shall include, among other things, prioritizing areas for the Monitor to review, scheduling visits, discussing areas of concern, and discussing areas in which technical assistance may be appropriate; c. Speak with stakeholders with such stakeholders’ consent, on a confidential basis or otherwise, at the Monitor’s discretion; d. Speak with anyone else the Monitor and any staff/consultants deem necessary for completing the compliance evaluations and reports required by this Consent Decree. However, the State has no obligation to require any individual who is not a State employee or contractor to speak with the Monitor; e. Offer guidance and suggestions to the State regarding any issue related to compliance with this Consent Decree; f. Attempt to resolve any dispute arising out of a Party’s position with regard to the construction or implementation of this Consent Decree; and g. Testify in this case regarding any matter relating to the implementation, enforcement, or dissolution of the Consent Decree, including the Monitor’s observations, findings and recommendations in this matter. The Monitor may not voluntarily testify as an expert witness against the State in any other administrative or civil proceeding of whatever nature brought before any federal or state court or other administrative or judicial tribunal. 7. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their its duties under this Interim AgreementConsent Decree. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim AgreementConsent Decree. 78. The Monitor and any hired staff or consultants shall not be subject to formal discovery, including, but not limited to, deposition(s)depositions, request(s) requests for documents, request(s) requests for admissions, interrogatories, or other disclosures. The Parties are not entitled to access the Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. The allocation of the cost of the Monitor between the State and PPSD, including the cost of any consultants and staff to the Monitor, shall be determined by the State and PPSD, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in this Interim Agreement shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matter. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Then, annually thereafter. c. The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties. 9. The Monitor, including any hired staff or consultants, shall not enter into any contract with the State or the City of Providence/PPSD while serving as the Monitor. If the Monitor resigns from his/her position as Monitor, he/she may not enter into any contract with the State or the City of Providence/PPSD on a matter related to this Interim Agreement during the pendency of this Interim Agreement without the written consent of the United States. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim Agreement, its implementation, or the State or the City of Providence/PPSD’s compliance.

Monitoring and Enforcement. 133. The Defendants shall continue the practice the Parties have jointly selected Xxxxx Xxxxxx developed during litigation of providing Plaintiffs’ counsel with weekly transfer reports as the Monitor for this Interim Agreementprovided by ECF 110, as amended by ECF 177. The State These reports will be consistent in content and PPSD will contract format with the Monitor to provide monitoring services pursuant to this Interim Agreementreports Defendants have provided during litigation, subject to applicable purchasing laws. In the event that the Monitor resigns or the Parties agree to replace the Monitor, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Monitor, or from the date the Parties agree to replace the Monitor, they shall each submit the names of up to three candidates and shall select therefore be submitted via e-mail, at the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim Agreement, on a monthly cycle continuing during the pendency of the Interim Agreement. The Monitor may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justice. 3. The Monitor shall provide a written report to the Parties regarding the State and PPSD’s compliance with the terms of this Interim Agreement every 90 days for the first year of this Interim Agreement and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim Agreement. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing beginning of each written report. The Monitor week and shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim Agreement, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSD’s compliance with this Interim Agreement, to the extent they are detail each transfer within the State or PPSD’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV above. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. Data collected by the State or PPSD; b. Information necessary to determine that placements, pursuant to the terms of this Interim Agreement, meet the definition and standards set forth in Section V; c. Information necessary to ensure that the Interim Agreement outcomes set forth in Section IV are met; and d. Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim Agreement. 6. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their duties under this Interim Agreement. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim Agreement. 7. The Monitor and any hired staff or consultants shall not be 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 Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. The allocation of the cost of the Monitor between the State and PPSD, every Jail building including the cost following: 1) the name of any consultants each transferred detainee; 2) their assigned inmate ID number; 3) their pre- transfer housing assignment; 4) their post-transfer housing assignment; and staff to the Monitor, shall be determined by the State and PPSD, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in this Interim Agreement shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matter. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Then, annually thereafter. c. The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of 5) the reason for the proposed revisiontransfer. Budget revisions The weekly list shall also state what areas of the Jail have been under quarantine each week and the dates that they were quarantined. 34. Defendants shall provide Plaintiffs’ counsel with monthly reports detailing how many COVID-19 tests have been administered and the results of the tests. These reports will be effective upon approval by consistent in content and format with the Partiesreports Defendants have provided during litigation, and will be provided within three business days of the first day of each month. 935. The Monitor, including any hired staff or consultants, parties shall not enter into any contract with meet and confer in a good faith effort to resolve their disputes informally. Plaintiffs’ counsel agrees to contact defense counsel and give notice of a suspected breach of this Agreement. Defendants will continue the State or practice the City Parties have developed during litigation of Providence/PPSD while serving as the Monitorproviding reasonable information to Plaintiffs’ counsel in response to allegations of a potential breach of this Agreement. If the Monitor resigns matter cannot be satisfactorily resolved within 72 hours of notice to defense counsel, Plaintiffs’ counsel shall contact the court, and within 72 hours of notice from his/her position as MonitorPlaintiffs’ counsel that there has been a breach or suspected breach of this Agreement, he/she may not enter into any contract the Court will schedule a conference call with the State or parties to discuss the City matter and how to best remediate the issue. Both Parties recognize that one purpose of Providence/PPSD on undertaking such consultation prior to resorting to judicial intervention is for class counsel to obtain necessary information to assess whether information they have received actually represents a matter related to this Interim Agreement during the pendency breach of this Interim Agreement without the written consent Agreement. Accordingly, as part of the United Statesconsultation process, Defendants will promptly provide reasonably available evidence requested by Plaintiffs’ Counsel that bears on the accuracy of any alleged breach. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim Agreement, its implementation, or the State or the City of Providence/PPSD’s compliance.

Monitoring and Enforcement. 1. The Parties have jointly selected Xxxxx Xxxxxx as the Monitor for this Interim Agreement. The State ) Defendant will provide Plaintiff’s Counsel with any proposed changes to notices of action and PPSD will contract with the Monitor to provide monitoring services any proposed regulatory changes implemented pursuant to this Interim Agreement, subject Order at least 30 days prior to applicable purchasing lawsimplementation to allow Plaintiffs’ Counsel the opportunity to provide written comment and the opportunity to meet and confer. 2) Defendant shall notify Plaintiffs’ Counsel when the Department believes it has complied with Section I and Section II. In Plaintiffs’ Counsel will notify the event that Department in writing as to their position on compliance within thirty (30) days of being notified the Monitor resigns Department believes it has met the requirements of Section I or the Parties agree to replace the Monitor, the Parties will select a replacementII. If the Parties are unable to parties agree on a replacement within 30 days from that the date the Parties receive a notice requirements of resignation from the Monitor, Section I or from the date the Parties agree to replace the MonitorII have been met, they shall each submit file a joint notice to the names of up Court. If the parties disagree as to three candidates and shall select the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim AgreementSection I or II, on a monthly cycle continuing during the pendency they will meet and confer within two weeks of the Interim AgreementPlaintiffs’ written notice of disagreement. The Monitor may hire staff and consultants, in consultation with and subject Plaintiffs shall not withhold agreement as to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justicewithout good cause. 3) For three years following the administrative closure of this case, Defendant will hold quarterly meetings to solicit and document all feedback from families that participate in the Child Care Assistance Program. The Monitor meetings will be open to all families participating in the child care assistance program, held in-person (if possible, depending on public health orders) with a virtual access option, held at a time and location that is most accessible for families that participate in the program, after work hours if necessary, and will include interpretation services. 4) No more than thirty (30) days after the quarterly meeting, Defendant and Plaintiffs will meet to review and discuss the feedback received from families after each quarterly meeting and determine whether any feedback requires attention by the Defendant as agreed to by the parties. 5) The Court retains jurisdiction to hear and resolve any disputes relating to performance of the terms and conditions of this Second Amended Stipulated Order. Plaintiffs may file a motion to enforce this Order upon reaching an impasse in the meet and confer process or upon Defendant’s refusal to meet and confer or hold the quarterly meetings as set forth in Section III. If Plaintiffs bring an action to enforce this Order within three years of the closure of this action and prevail, Defendants shall provide a written report be liable for Plaintiffs’ reasonable attorneys’ fees and costs. This time limitation solely concerns the right to recover attorneys’ fees under this Order and shall not be interpreted to bar recovery of attorneys’ fees in an action to enforce this Order under any other legal theory or cause of action. 6) Once the Parties regarding terms of this agreement have been fully implemented by Defendant, her agents or successors, the State parties will jointly move for administrative closure of this case. Accordingly, the Court ORDERS and PPSD’s compliance CONCLUDES: 1) The Court ORDERS the parties to comply with the terms of this Interim Agreement every 90 days for the first year of this Interim Agreement and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim Agreement. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing of each written report. The Monitor shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim Agreement, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSD’s compliance with this Interim Agreement, to the extent they are within the State or PPSD’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV above. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. Data collected by the State or PPSD; b. Information necessary to determine that placements, pursuant to the terms of this Interim Agreement, meet the definition and standards set forth in Section V; c. Information necessary to ensure that the Interim Agreement outcomes set forth in Section IV are met; and d. Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim Agreement. 6. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their duties under this Interim Agreement. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim Agreement. 7. The Monitor and any hired staff or consultants shall not be 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 Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. The allocation of the cost of the Monitor between the State and PPSD, including the cost of any consultants and staff to the Monitor, shall be determined by the State and PPSD, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties Order as set forth in this Interim Agreement shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matter. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costsherein. b. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Then, annually thereafter. c. The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties. 9. The Monitor, including any hired staff or consultants, shall not enter into any contract with the State or the City of Providence/PPSD while serving as the Monitor. If the Monitor resigns from his/her position as Monitor, he/she may not enter into any contract with the State or the City of Providence/PPSD on a matter related to this Interim Agreement during the pendency of this Interim Agreement without the written consent of the United States. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim Agreement, its implementation, or the State or the City of Providence/PPSD’s compliance.

Monitoring and Enforcement. 1. The Parties have jointly selected Xxxxx Xxxxxx as the Monitor for this Interim Agreement. The State and PPSD will contract with the Monitor to provide monitoring services pursuant to this Interim Agreement, subject to applicable purchasing laws. In the event that the Monitor resigns or the Parties agree to replace the Monitor, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Monitor, or from the date the Parties agree to replace the Monitor, they shall each submit the names of up to three candidates and shall select the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim Agreement, on a monthly cycle continuing during the pendency of the Interim Agreement. The Monitor may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justice. 3. The Monitor shall provide a written report to the Parties regarding the State and PPSD’s compliance with the terms of this Interim Agreement every 90 days for the first year of this Interim Agreement and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim Agreement. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing of each written report. The Monitor shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim Agreement, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSD’s compliance with this Interim Agreement, to the extent they are within the State or PPSD’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV above. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. : Data collected by the State or PPSD; b. ; Information necessary to determine that placements, pursuant to the terms of this Interim Agreement, meet the definition and standards set forth in Section V; c. ; Information necessary to ensure that the Interim Agreement outcomes set forth in Section IV are met; and d. and Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim Agreement. 6. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their duties under this Interim Agreement. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim Agreement. 7. The Monitor and any hired staff or consultants shall not be 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 Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. Provisions The allocation of the cost of the Monitor between the State and PPSD, including the cost of any consultants and staff to the Monitor, shall be determined by the State and PPSD, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in this Interim Agreement shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matter. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. . Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Then, annually thereafter. c. . The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. . At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties. 9. The Monitor, including any hired staff or consultants, shall not enter into any contract with the State or the City of Providence/PPSD while serving as the Monitor. If the Monitor resigns from his/her position as Monitor, he/she may not enter into any contract with the State or the City of Providence/PPSD on a matter related to this Interim Agreement during the pendency of this Interim Agreement without the written consent of the United States. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim Agreement, its implementation, or the State or the City of Providence/PPSD’s compliance.

Monitoring and Enforcement. 1. The Parties have jointly selected Xxxxx Xxxxxx Xxxxxxx Xxxxxxx as the Monitor for this Interim AgreementMonitor. The State and PPSD will contract with the Monitor to provide monitoring services pursuant to this Interim AgreementConsent Decree, subject to applicable purchasing laws, and the State will fulfill all obligations under that contract. In the event that the Monitor resigns or the Parties agree to replace the Monitor, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Monitor, or from the date the Parties agree to replace the Monitor, they shall each submit the names of up to three candidates to the Court and the Court shall select the replacement from the names submitted. 2. The Monitor shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Parties are in compliance with this Interim AgreementConsent Decree, on a monthly cycle regular cycle, to be agreed upon by the Parties by no later than May 1, 2014, and continuing during the pendency of the Interim AgreementConsent Decree. The Monitor may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, including but not limited to the economic efficiency of the Monitor or other budgetary requirements, to assist in his/ his/her compliance investigations. The Monitor and any hired staff or consultants are neither agents nor business associates of the State, the City of Providence/PPSD, or the United States Department of Justice. 3. The Monitor shall provide a written report to the Parties regarding the State and PPSDState’s compliance with the terms of this Interim Agreement Consent Decree every 90 days for the first year of this Interim Agreement from April 1, 2014 through April 1, 2015, and every 180 days thereafter. The first report shall be issued two months from the effective date of this Interim AgreementConsent Decree. At the request and with the consent of the Parties, the Monitor may hold an informational and review meeting after the filing of each written report. The Monitor shall provide the Parties a draft of his/her report at least 7 days before issuing the report. The Parties shall have the opportunity to review and comment on the proposed report. The Parties may agree to allow the Monitor an additional 5 days to finalize a report after he/she receives comments from the Parties. 4. In order to determine compliance with this Interim AgreementConsent Decree, the Monitor and any hired staff or consultants shall have full access to the people, places, documents and materials that are necessary to assess the State and City of Providence/PPSDState’s compliance with this Interim AgreementConsent Decree, to the extent they are within the State or PPSDState’s custody or control. This shall include, but not be limited to, access to the data and records maintained by the State and PPSD pursuant to Section XIV aboveXVI. The Monitor and any hired staff or consultants may also interview individuals receiving services under this Interim Agreement Consent Decree with the consent of the individual or his/her authorized representative. The Monitor’s access to people, places, documents and materials shall continue until the Interim Agreement Consent Decree is terminated. Any individually identifying health or education information that the Monitor and any hired staff or consultants receive or maintain shall be kept strictly confidential. 5. The Monitor shall also have access to any and all: a. : Data collected by the State or PPSD; b. State; Information necessary to determine that placements, pursuant to the terms of this Interim AgreementConsent Decree, meet the definition and standards set forth in Section Sections V; c. -VI; Information necessary to ensure that the Interim Agreement Consent Decree outcomes set forth in Section IV are met; and d. and Information necessary to evaluate the quality and quantity of Supported Employment Services provided to persons with I/DD under this Interim Agreement. 6Consent Decree. The Monitor, and any hired staff or consultants, may: Have ex parte communications at any time with the Court, the Parties, including counsel for the Parties, and employees, agents, contractors and all others working for or on behalf of the State or the United States to implement the terms of this Consent Decree; Request meetings with either or both Parties. The purpose of these meetings shall include, among other things, prioritizing areas for the Monitor to review, scheduling visits, discussing areas of concern, and discussing areas in which technical assistance may be appropriate; Speak with stakeholders with such stakeholders’ consent, on a confidential basis or otherwise, at the Monitor’s discretion; Speak with anyone else the Monitor and any staff/consultants deem necessary for completing the compliance evaluations and reports required by this Consent Decree. However, the State has no obligation to require any individual who is not a State employee or contractor to speak with the Monitor; Offer guidance and suggestions to the State regarding any issue related to compliance with this Consent Decree; Attempt to resolve any dispute arising out of a Party’s position with regard to the construction or implementation of this Consent Decree; and Testify in this case regarding any matter relating to the implementation, enforcement, or dissolution of the Consent Decree, including the Monitor’s observations, findings and recommendations in this matter. The Monitor may not voluntarily testify as an expert witness against the State in any other administrative or civil proceeding of whatever nature brought before any federal or state court or other administrative or judicial tribunal. The Monitor and any hired staff or consultants shall not be liable for any claim, lawsuit, or demand arising out of their its duties under this Interim AgreementConsent Decree. This paragraph does not apply to any proceeding before this Court for enforcement of payment of contracts or subcontracts for reviewing compliance with this Interim Agreement. 7Consent Decree. The Monitor and any hired staff or consultants shall not be subject to formal discovery, including, but not limited to, deposition(s)depositions, request(s) requests for documents, request(s) requests for admissions, interrogatories, or other disclosures. The Parties are not entitled to access the Monitor’s records or communications, or those of his/her staff and consultants, although the Monitor may provide copies of records or communications at the Monitor’s discretion. 8. Reimbursement and Payment Provisions a. Provisions The cost of the Monitor, including the cost of any consultants and staff to the Monitor, shall be incurred by the State. The allocation of the cost of the Monitor between the State and PPSDMonitor, including the cost of any consultants and staff to the Monitor, shall be determined by the State and PPSDState, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in this Interim Agreement the Consent Decree shall be reimbursed by the State and PPSD. The United States shall bear its own expenses in this matterState. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. . The approved budget of the Monitor shall not exceed $300,000 in any State Fiscal Year during the pendency of this Consent Decree, inclusive of any costs and expenses for hired staff and consultants, without the approval of the State or the Court. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. ThenBefore the conclusion of the first six months, the Monitor will submit a proposed budget for the following year and then submit proposed budgets annually thereafter. c. . The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. d. . At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties. 9. The Monitor, including any hired staff or consultants, shall not enter into any contract with the State or the City of Providence/PPSD while serving as the Monitor. If the Monitor resigns from or does not continue in his/her position as Monitor, he/she may not enter into any contract with the State or the City of Providence/PPSD on a matter related to this Interim Agreement the Consent Decree during the pendency of this Interim Agreement the Consent Decree without the written consent of the United States. 10. The Monitor, and any hired staff or consultants, shall refrain from any public oral or written statements to the media, including statements “on background,” regarding this Interim AgreementConsent Decree, its implementation, or the State or the City of Providence/PPSDState’s compliance.