Common use of Data Validation Clause in Contracts

Data Validation. 1. The parties agree that Defendants shall retain the services of a Data Validator for purposes of verifying and reporting on a semi-annual basis Defendants’ compliance with the exit criteria identified in this Agreement. The Data Validator shall be a third party contractor of the State of Missouri that has had prior experience conducting data validation services for state child welfare agencies. The Plaintiffs agree and understand that the services of a Data Validator will have to be retained in compliance with federal and state law governing procurement of contracts. Defendants will make best efforts to complete this process within four months from the date of this Agreement. 2. The Data Validator shall issue written reports pursuant to the schedule set forth below. The reports shall describe the measurable progress made by Defendants in relation to each of the exit criteria and reportable data elements contained in this Agreement for each six-month reporting period, as well as any issues or challenges encountered or observed by the Data Validator regarding the collection of performance data or its application to the exit criteria and data elements. 3. Sampling, data, and data analysis will be subject to review and approval by the Data Validator. Promptly after the Data Validator is retained, the parties shall work with the Data Validator to determine the appropriate means for measuring and reporting performance on each of the exit criteria and data sharing items, including ensuring that any case reviews conducted for purposes of measuring performance are based on a statistically valid, representative, random sample of Class Members. Data will be provided from the data source identified in Exhibit B. The sample files shall be drawn, without replacement, from Class Members (as opposed to all children in CD custody). The parties agree that a sample is representative if, given the population size, the case review delivers a measurement with a 5% margin of error at the 90% confidence level. A non-exclusive example of a collection or measurement issue the parties must address and resolve with the Data Validator is excluding or limiting the use of Children or employees who “straddle” relevant time periods. 4. The Data Validator shall prepare and provide to the parties an agreed upon template that provides the format for data elements and reporting at the close of each Reporting Period on: (a) Defendants’ performance on each exit criterion and (b) Defendants’ performance on all data elements specified in this Agreement. 5. Once the parties and the Data Validator have completed the requirements of paragraphs 3 and 4 above, the parties and the Data Validator shall establish the beginning date for the commencement of the first six-month Reporting Period. 6. As specified in Exhibit B, the parties have agreed to percentage-based ranges for measuring compliance with exit criteria. Upon conclusion of the first Reporting Period, performance data on all of the Exit Criteria and Data Sharing items, using the methodology set forth by the Data Validator as described in Section IV.A.3, shall be provided to the Data Validator for purposes of setting the current baseline for performance in each area. The Data Validator shall prepare a report for the first Reporting Period that sets forth these baselines. 7. Upon receipt of the baseline performance data for all of the Exit Criteria and Data Sharing items, the parties shall work with the Data Validator to try to reach agreement on the ultimate percentage for each exit criterion within each range specified in this Agreement. If the parties cannot reach agreement on the ultimate percentage for any exit criterion within 60 days, the Data Validator shall issue a report and specify the percentage within the agreed upon percentage-based ranges. 8. Within 60 days of the end of each Reporting Period, Defendants shall provide to the Data Validator all data, reports, and other information that the Data Validator deems necessary to verify the measure of the agency’s performance on each of the exit criteria and reportable data elements in this Agreement. The Data Validator and Defendants may communicate regarding the data and information to be furnished. The parties shall have access, through the Data Validator, to all information made available by Defendants to the Data Validator under the terms of this Agreement. 9. Should the Data Validator need additional documents or information to verify Defendants’ performance in any Reporting Period, it shall send a letter to Defendants requesting such documents or information, and the Data Validator shall provide a copy of the request to Plaintiffs’ Counsel. 10. Should the Data Validator encounter or identify any issues regarding the collection or measurement of performance data that might bear on Defendants’ statistical ability to achieve the performance standard set forth for any of the exit criteria, the Data Validator shall bring the matter to the parties’ attention for discussion. If necessary, the matter shall be resolved pursuant to the Dispute Resolution processes set forth in Sections IV.B.1-4. 11. The Data Validator shall issue a draft report setting forth Defendants’ progress in relation to each of the exit criteria and identified data elements within four months of the close of the reporting period. The Data Validator may request an extension of time to complete the report, which shall not be unreasonably denied. After receipt of the draft report, the parties shall have 21 days to submit comments to the Data Validator on its findings. Thereafter, within 30 days, the Data Validator shall issue a final report, which shall be a public document, subject to the provisions of Section IV.A.12, below. 12. All non-public information obtained by the Data Validator shall be maintained in a confidential manner. The Data Validator’s reports shall be public documents, except that any individually-identifying information and other confidential information protected from disclosure shall be redacted from any public report in accordance with the Confidentiality Order entered by the Court. The Data Validator’s redacted reports shall be published on Defendants’ website. 13. The Data Validator shall be permitted to speak separately with all parties. 14. The cost of the Data Validator shall be borne by Defendants.