Appendix 6: Performance Monitoring

1 Monitoring Report and Monitoring Meeting

(a) The Contractor shall, at its own cost, provide to the Authority a Performance Monitoring Report no later than [eight (8)] Business Days after the first day of each Month. The Monitoring Report shall report on the performance and delivery of the Service over the previous Month. The Monitoring Report shall be discussed at the relevant Monitoring Meeting to determine any Deductions to be made from the Unitary Charge.

(b) The parties shall meet no earlier than [five (5) Business Days and no later than eight (8) Business Days] after receipt of the Monitoring Report (or as the parties otherwise agree) to review and seek to agree the contents of such Monitoring Report (the Monitoring Meeting) to discuss:

(i) the monitoring information;

(ii) service delivery information; and

(iii) contract management information.

Part 1: Monitoring Information

(i) the information required pursuant to the Payment Mechanism and the Services Specification;

(ii) the status of any actions from the last Monitoring Report; and

(iii) any other matter reasonably required by the Authority in relation to the Project.

Part 2: Service Delivery Information

(iv) a monthly programme of planned maintenance work;

(v) any issues in respect of shortages, and product lead-in times;

(vi) a description of use complaints comments made in relation to the Services;

(vii) progress made in relation to the Sport and Physical Activity Development Plan;

(viii) progress made in relation to the Marketing and Communication Plan;

(ix) any derogations from or failure to comply with the Authority's Pricing Requirements;

(x) environmental considerations, such as energy efficiency, obtrusive lighting, waste products and enhancements to be described in succinct prose;

(xi) health and safety issues shown in a simple table of numbers and/or described in succinct prose as appropriate. This shall include as a minimum the accident incident rate for the Staff and separately for Users in so far as the accidents relate to the Service and important events such as any notices served on the Contractor by the Health and Safety Executive;

(xii) User contact and dialogue to be shown in a simple table of numbers and/or described in succinct prose as appropriate;

(xiii) the number of insurance claims received by the Contractor.

Part 3: Contract Management

(xiv) a statement of the status of Quest Accreditation and/or applications for/withdrawals of Quest Accreditation;

(xv) a summary statement of any Changes requested by the Authority or by the Contractor;

(xvi) details of any outstanding information required from the Authority and/or the Contractor in connection with the Contract;

(xvii) details of any organisational changes in the Contractor's management structure; and

(xviii) any other information reasonably requested by the Authority.

(d) Where the Monitoring Report contains tables of numbers they shall be provided for the Month and cumulatively on a rolling twelve (12) Month basis to show trends.

2 A meeting (the Monitoring Meeting) shall take place no later than eight (8) Business Days after receipt of the Monitoring Report (or at more frequent intervals as may be required by the Authority acting reasonably). The business of the Monitoring Meeting shall be divided into three (3) parts as set out below.

Part 1: Monitoring Information

(a) review any matters arising from Part 1 of the Performance Monitoring Report;

Part 2: Service Delivery Information

(b) review any matters arising from Part 2 of the Monitoring Report;

Part 3: Contract Management

(c) record and review any delays, claims, incidents or issues arising in relation to Relief Events, Compensation Events, Force Majeure Events and Excusing Causes and any other delay events;

(d) consider and report on the effect of any Change or Change in Law or discuss the effect of any proposed Change or anticipated Change in Law;

(e) identify and/or provide any outstanding information required from the Authority and/or the Service Provider in accordance with the provisions of this Contract;

(f) review the progress of any matters which are (at the time) subject to the Review Procedure; and

(g) review the progress of any matters which are (at the time) subject to the Review Procedure; and

(h) review conflicts (if any) between and/or in any Project Documents.

3 The Monitoring Meetings shall be attended by the Authority's Representative and the Contractor's Representative. They shall procure the attendance of persons appropriate in relation to the agenda of the meeting and who have the necessary knowledge and authority to make decisions.

4 The Contractor shall minute the meetings and shall distribute minutes for agreement or subsequent amendment within five (5) Business Days of the relevant Monitoring Meeting to the Authority's Representative. The Authority's Representative shall incorporate such amendments and distribute the agree minutes to all other attendees at the meeting within fifteen (15) Business Days of the relevant Monitoring Meeting.

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16 To be adapted on a project specific basis. For example it could include information on Leisure Operator Income and related operating costs.