Annual Performance Reviews. (a) The Contractor acknowledges that the Principal may conduct an annual performance review of the Contractor’s performance during each Operating Year (the first Operating Year will be deemed to include the period from the Site Possession Date), which will include consideration of: (i) the information required to be included in the Annual Report for the relevant Operating Year; (ii) the continuing appropriateness of the KPIs; and (iii) areas for improvement of the Services. (b) The Contractor must co-operate with, and provide any assistance reasonably requested by, the Principal in the conduct of the annual performance review contemplated by this clause. As soon as reasonably practicable after each annual performance review is completed, the Principal will provide to the Contractor a report in relation to the matters addressed by the annual performance review, including: (i) the continuing appropriateness of the KPIs; and (ii) areas for improvement of the Services for the next Operating Year. (c) The Contract Manager and the Contractor Representative must meet within ten (10) Business Days after the Contractor receives a copy of the report specified in subclause (b): (i) to discuss the report; and (ii) agree any changes to the KPIs. (d) Subject to subclauses (e) and (f), the Contractor must implement the Principal’s recommendations contained in the report. (e) The Principal must give a direction in accordance with clause 25.2 if: (i) the Principal's recommendations in the report involve a variation to the Services; and (ii) the Principal considers it appropriate that they be implemented. (f) If the Contract Manager and the Contractor Representative cannot agree changes to the KPIs, then, within ten (10) Business Days after either party gives notice to the other of such failure to agree, the Principal’s Director Contracted Services (or a person occupying an equivalent position within the Principal) and a senior executive of the Contractor must meet and must negotiate in good faith, to agree such changes. If these senior executives cannot agree such changes within ten (10) Business Days, the matter will be referred for consideration at the next meeting of the Custodial Contracts Management Board.
Appears in 1 contract
Sources: Operation and Maintenance Contract
Annual Performance Reviews.
(a) The Contractor acknowledges that the Principal may conduct an annual performance review of the Contractor’s performance during each Operating Year (the first Operating Year will be deemed to include the period from the Site Possession Date), which will include consideration of:
(i) the information required to be included in the Annual Report for the relevant Operating Year;
(ii) the continuing appropriateness of the KPIs; and
(iii) areas for improvement of the Services.
(b) The Contractor must co-operate with, and provide any assistance reasonably requested by, the Principal in the conduct of the annual performance review contemplated by this clause. As soon as reasonably practicable after each annual performance review is completed, the Principal will provide to the Contractor a report in relation to the matters addressed by the annual performance review, including:
(i) the continuing appropriateness of the KPIs; and
(ii) areas for improvement of the Services for the next Operating Year.
(c) The Contract Manager and the Contractor Representative must meet within ten (10) Business Days after the Contractor receives a copy of the report specified in subclause (b):
(i) to discuss the report; and
(ii) agree any changes to the KPIs.
(d) Subject to subclauses (e) and (f), the Contractor must implement the Principal’s recommendations contained in the report.
(e) The Principal must give a direction in accordance with clause 25.2 if:
(i) the Principal's recommendations in the report involve a variation to the Services; and
(ii) the Principal considers it appropriate that they be implemented.
(f) If the Contract Manager and the Contractor Representative cannot agree changes to the KPIs, then, within ten (10) Business Days after either party gives notice to the other of such failure to agree, the Principal’s Director Contracted Services (or a person occupying an equivalent position within the Principal) and a senior executive of the Contractor must meet and must negotiate in good faith, to agree such changes. If these senior executives cannot agree such changes within ten (10) Business Days, the matter will be referred for consideration at the next meeting of the Custodial Contracts Management Board.
Appears in 1 contract
Sources: Operation and Maintenance Contract
Annual Performance Reviews. (a) The Contractor acknowledges that the Principal State may conduct an annual performance review of the Contractor’s performance during each Operating Year (the first Operating Year will be deemed to include the period from the Site Possession Date)Operation Year, which will include consideration of:
(i) the information required to be included in the Annual Report for the relevant Operating Operation Year;
(ii) the continuing appropriateness of the KPIsPerformance Measures and the Performance Linked Fee Percentages; and
(iii) areas for improvement of the Services.
(b) The Contractor must co-operate with, and provide any assistance reasonably requested by, the Principal State in the conduct of the annual performance review contemplated by this clause. As soon as reasonably practicable after each annual performance review is completed, the Principal State will provide to the Contractor a report in relation to the matters addressed by the annual performance review, including:
(i) the continuing appropriateness of the KPIsPerformance Measures and the Performance Linked Fee Percentages; and
(ii) areas for improvement of the Services for the next Operating Operation Year.
(c) The Contract Manager and the Contractor Representative must meet within ten (10) 10 Business Days after the Contractor receives a copy of the report specified in subclause (b):
(i) to discuss the report; and
(ii) agree any changes to the KPIsPerformance Measures and the Performance Linked Fee Percentages.
(d) Subject to subclauses (e) and (f), the Contractor must implement the PrincipalState’s recommendations contained in the report.
(e) The Principal State must give a direction in accordance with clause 25.2 16.2 if:
(i) the PrincipalState's recommendations in the report involve a variation to the Services; and
(ii) the Principal State considers it appropriate that they be implemented.
(f) If the Contract Manager and the Contractor Representative cannot agree changes to the KPIsPerformance Measures and the Performance Linked Fee Percentages, then, within ten (10) 10 Business Days after either party gives notice to the other of such failure to agree, the Principal’s Director Department's Director, Contracted Services (or a person occupying an equivalent position within the PrincipalState) and a senior executive of the Contractor must meet and must negotiate in good faith, to agree such changes. If these senior executives cannot agree such changes within ten (10) 10 Business Days, the matter will be referred for consideration at the next meeting of the Custodial Contracts Joint Management Board.
Appears in 1 contract
Sources: Prison Services Agreement
Annual Performance Reviews. (a) The Contractor acknowledges that the Principal State may conduct an annual performance review of the Contractor’s performance during each Operating Year (the first Operating Year will be deemed to include the period from the Site Possession Date)preceding 12 months, which will include consideration of:
(i) the information required Monthly Reports and Quarterly Reports relating to be included in the Annual Report for the relevant Operating current Operation Year;
(ii) the Annual Report relating to the preceding Operation Year;
(iii) the continuing appropriateness of the KPIsPerformance Measures, the Progressive Targets and the Fixed Percentages; and
(iiiiv) areas for improvement of the Services.
(b) . The annual performance review must be undertaken on or around 30 March of each year, such that any outcomes from the annual performance review can be put in place before the commencement of the following Operation Year. The Contractor must co-operate with, and provide any assistance reasonably requested by, the Principal State in the conduct of the annual performance review contemplated by this clause. As soon as reasonably practicable after each annual performance review is completed, the Principal State will provide to the Contractor a report in relation to the matters addressed by the annual performance review, including:including:
(i) the continuing appropriateness of the KPIsPerformance Measures, the Progressive Targets and the Fixed Percentages; and
(ii) areas for improvement of the Services for the next Operating Operation Year.
(c) . The Contract Manager and the Contractor Representative must meet within ten (10) 10 Business Days after the Contractor receives a copy of the report specified in subclause (bclause 16.7(c):
(i) to discuss the report; and
(ii) agree any changes to the KPIs.
(d) Performance Measures, the Progressive Targets and the Fixed Percentages. Subject to subclauses (eclauses 16.7(f) and (f16.7(g), the Contractor must implement the PrincipalState’s recommendations contained in the report.
(e) . The Principal State must give a direction Variation Notice in accordance with clause 25.2 if:19.2 if:
(i) the PrincipalState's recommendations in the report involve a variation Variation to the Services; and
(ii) the Principal State considers it appropriate that they be implemented.
(f) . If the Contract Manager and the Contractor Representative cannot agree changes to the KPIsPerformance Measures, the Progressive Targets and the Fixed Percentages, then, within ten (10) 10 Business Days after either party Party gives notice to the other of such failure to agree, the Principal’s Director Contracted Services Department's Director, Operational Policy, Compliance and Contracts (or a person occupying an equivalent position within the PrincipalState) and a senior executive of the Contractor must meet and must negotiate in good faith, to agree such changes. If these senior executives cannot agree such changes within ten (10) 10 Business Days, the matter will be referred for consideration at the next meeting of the Custodial Contracts Joint Management Board.Board.
Appears in 1 contract
Sources: Acacia Prison Services Agreement