Common use of Monitors and Facility Consultant Clause in Contracts

Monitors and Facility Consultant. Compliance with this Agreement shall be assessed by two Monitors and a Facility Consultant. The Due Process Monitor shall be Xxxxxxxxx Xxxxxx Xxxxxxx and the Equal Protection Monitor shall be Xxxxxxxxx Xxxxxxx Xxxxxx. The Facility Consultant shall be Xxxxxxxxx Xxxxx Xxxxx. In the event that Xxxxxxxxx Xxxxxxx or Xxxxxxxxx Xxxxxx is unable to serve or continue serving as a Monitor, or in the event that the Parties agree to discontinue the use of Xxxxxxxxx Xxxxxxx or Xxxxxxxxx Xxxxxx as a Monitor, the parties shall confer within forty-five (45) days of being notified of the decision to discontinue use of Xxxxxxxxx Xxxxxxx or Xxxxxxxxx Xxxxxx to select a new Monitor. The Monitors shall be subject matter experts, one in the area of due process in juvenile delinquency proceedings and one in the area of equal protection. If the Parties are unable to agree upon a selection of a new Monitor within 45 days, each Party shall submit two names along with resumes or curriculum vitae and cost proposals, to a neutral party, selected with the assistance of the Federal Mediation and Conciliation Service, and the neutral party shall appoint the Monitor from among the names submitted. The Parties agree to equally share the cost of the Federal Mediation and Conciliation Service. The Facility Consultant shall be a subject matter expert in the area of juvenile protection from harm. 1. SCG shall bear all reasonable fees and costs of the Monitors. 2. The Monitors shall be permitted to initiate and receive ex parte communications with all Parties. 3. The Monitors shall not make any oral or written public statements – including but not limited to statements to the press, conference presentations, lectures, or articles – with regard to: the status of JCMSC’s compliance or noncompliance with this Agreement; any act or omission of JCMSC or its agents, representatives, or employees; or the terms of their employment as the Monitors unless authorized by all Parties. 4. The Monitors shall not testify in any other litigation or proceeding with regard to the status of JCMSC’s compliance or noncompliance with this Agreement; any act or omission of JCMSC or its agents, representatives or employees; or the terms of his or her employment as the Monitor, unless otherwise lawfully compelled to do so. The Monitors may testify in the event of litigation concerning JCMSC’s compliance or noncompliance with this Agreement. 5. Unless such conflict is waived by both Parties, the Monitors shall not accept employment or provide consulting services that would present a conflict of interest with his or her responsibilities under this Agreement or breach the highest ethical standards, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant or such litigant’s or claimant’s attorney, in connection with a claim or suit against JCMSC or its departments, officers, agents, or employees concerning matters relevant to this Agreement. 6. No Party, nor any employee or agent of any Party, shall have any supervisory authority over the Monitors activities, reports, findings, or recommendations. 7. The Monitors may be terminated if the Parties agree and upon good cause shown. Good cause shall include any violation of State or federal law that reasonably calls into question the Monitors’ fitness to continue serving. In the event the Parties do not agree upon the need for termination, the Parties agree to work in good faith to resolve their differences. If the Parties are unable to resolve the dispute regarding termination of a Monitor within forty-five (45) days, the Parties shall present the dispute for resolution by a neutral party, selected with the assistance of the Federal Mediation and Conciliation Service. The Parties agree to equally share the cost of the Federal Mediation and Conciliation Service. 8. Within 30 days of the receipt of written questions from the United States, the County, or JCMSC regarding the Monitors’ activities in assessing compliance with this Agreement and/or JCMSC’s compliance with this Agreement, the Monitors shall provide the United States, the County or JCMSC with written answers.