Common use of Monitoring Team Clause in Contracts

Monitoring Team. Compliance with this Agreement shall be assessed by a Monitoring Team of two jointly selected subject matter experts (“Monitors”) consisting of one expert in the area of protection from harm and one expert in the area of mental health services. a. The State shall bear all reasonable fees and costs of the Monitoring Team. Payment for travel and lodging shall be at the applicable federal government rate. b. The Monitors shall be permitted to initiate and receive ex parte communications with all Parties. c. All non-public information obtained by the Monitors shall be maintained in a confidential manner. d. Except as required or authorized by the terms of this Agreement or the Parties acting together, no member of the Monitoring Team shall 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 the State’s compliance or noncompliance with this Agreement; any act or omission of the State or its agents, representatives or employees; or the terms of his or her employment on the Monitoring Team. e. Except as required or authorized by the terms of this Agreement or the Parties acting together, no Monitor shall testify in any other litigation or proceeding with regard to the status of the State’s compliance or noncompliance with this Agreement; any act or omission of the State or its agents, representatives or employees; or the terms of his or her employment on the Monitoring Team, unless otherwise lawfully compelled to do so. The Monitors may testify in this litigation concerning the State’s compliance or noncompliance with this Agreement. f. Unless such conflict is waived by both Parties, members of the Monitoring Team shall not accept employment or provide consulting services that would present a conflict of interest with their responsibilities under this Agreement, 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 the State or its departments, officers, agents or employees concerning matters relevant to this Agreement. g. Neither Party, nor any employee or agent of either Party, shall have any supervisory authority over the Monitoring Team’s activities, reports, findings, or recommendations. h. Members of the Monitoring Team may be terminated if both Parties agree and upon good cause shown. Good cause shall include any violation of State or federal law which reasonably calls into question the Monitoring Team member’s fitness to continue serving as a member of the Monitoring Team. 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.