Annual Service Report and Annual Service Plan. 62.1 Without prejudice to any other provision in the Agreement the Contractor shall at its own cost, provide to the Authority a written report (the “Annual Service Report”) to the reasonable satisfaction of the Authority. 62.2 The Contractor shall upon a written request from the Authority promptly provide such written evidence or other supporting information as the Authority may reasonably require to verify and audit the information and other material contained in the Annual Service Report. 62.3 If, in the Authority’s reasonable opinion, the provision, performance or delivery of the Services (or any part) may be more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Authority may serve a written notice upon the Contractor (a “Services Improvement Notice”) stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Authority desires. 62.4 The Contractor shall, within 20 (twenty) Working Days of the date of receipt of the Services Improvement Notice, provide the Authority at its own cost with a written statement (the “Annual Service Plan”) containing the Contractor’s proposals to achieve the change to the Services (or the relevant part) in accordance with the Services Improvement Notice. 62.5 As soon as practicable after the Authority receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Authority may modify the Services Improvement Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than 10 Working Days after the receipt of such modification, notify the Authority of any consequential changes to the Annual Service Plan. 62.6 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the clause 64. 62.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the clause 64 the Authority shall: a) confirm in writing the Annual Service Plan; or b) withdraw the Services Improvement Notice. 62.8 If the Authority does not confirm the Annual Service Plan within 10 Working Days of the Annual Service Plan having been agreed or otherwise determined pursuant to the clause 64 then the Annual Service Plan shall be deemed to have been withdrawn. 62.9 If the Authority confirms the Annual Service Plan the Authority shall propose a change in the Services in accordance with clause 43. 62.10 The Contractor shall take all reasonable steps to mitigate any costs arising as a consequence of a Services Improvement Notice and an Authority Notice of Change served pursuant to clause 62.9.
Appears in 2 contracts
Samples: Theatre Management Services Agreement, Theatre Management Services Agreement
Annual Service Report and Annual Service Plan. 62.1 Without 69.1 Where the Authority so requires and without prejudice to any other provision in the Agreement the Contractor shall at its own cost, provide to the Authority a written report (the “Annual Service Report”) to Report in such form as the reasonable satisfaction of the AuthorityAuthority shall require.
62.2 69.2 The Contractor shall upon a written request from the Authority promptly provide such written evidence or other supporting information as the Authority may reasonably require to verify and audit the information and other material contained in the Annual Service Report.
62.3 69.3 If, in the Authority’s reasonable opinion, the provision, performance or delivery of the Services (or any part) may be made more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Authority may serve a written notice upon the Contractor (a “Services Improvement Notice”) Notice stating the nature and timing of the changes to the provision, provision performance or delivery of the Services (or the relevant part) which the Authority desires.
62.4 69.4 The Contractor shall, within 20 then (twenty10) Working Days of the date of receipt of the a Services Improvement Notice, provide the Authority at its own cost with a written statement (the “Annual Service Plan”) Plan containing the Contractor’s proposals to achieve the change changes to the Services (or the relevant part) in accordance with the Services Improvement Notice.
62.5 69.5 As soon as practicable after the Authority receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Authority may modify the Services Improvement Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than 10 then (10) Working Days after the receipt of such modification, notify the Authority of any consequential changes to the Annual Service Plan.
62.6 69.6 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the clause 64Clause 73.
62.7 69.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the clause 64 Clause 73 the Authority shall:
(a) confirm in writing the Annual Service Plan; or
(b) withdraw the Services Improvement Notice.
62.8 69.8 If the Authority does not confirm the Annual Service Plan within 10 ten (10) Working Days of the Annual Service Plan having been agreed or otherwise determined pursuant to the clause 64 Clause 73 then the Annual Service Plan shall be deemed to have been withdrawn.
62.9 69.9 If the Authority confirms the Annual Service Plan the Authority shall propose a change Variation in the Services (or any part) in accordance with clause 43Clause 50.
62.10 69.10 The Contractor shall take all reasonable steps to mitigate any costs arising as a consequence of a Services Improvement Notice and an Authority Notice a notice of Change change served pursuant to clause 62.9Clause 69.9.
Appears in 1 contract
Samples: Community Support Services Agreement
Annual Service Report and Annual Service Plan. 62.1 Without prejudice to any other provision in the Agreement the Contractor shall at its own cost, provide to the Authority a written report (the “Annual Service Report”) to the reasonable satisfaction of the Authority.
62.2 The Contractor shall upon a written request from the Authority promptly provide such written evidence or other supporting information as the Authority may reasonably require to verify and audit the information and other material contained in the Annual Service Report.
62.3 If, in the Authority’s reasonable opinion, the provision, performance or delivery of the Services (or any part) may be more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Authority may serve a written notice upon the Contractor (a “Services Improvement Notice”) stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Authority desires.
62.4 The Contractor shall, within 20 (twenty) 10 Working Days of the date of receipt of the Services Improvement Notice, provide the Authority at its own cost with a written statement (the “Annual Service Plan”) containing the Contractor’s proposals to achieve the change to the Services (or the relevant part) in accordance with the Services Improvement Notice.
62.5 As soon as practicable after the Authority receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Authority may modify the Services Improvement Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than 10 Working Days after the receipt of such modification, notify the Authority of any consequential changes to the Annual Service Plan.
62.6 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the clause 6465.
62.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the clause 64 65 the Authority shall:
a) : confirm in writing the Annual Service Plan; or
b) or withdraw the Services Improvement Notice.
62.8 If the Authority does not confirm the Annual Service Plan within 10 Working Days of the Annual Service Plan having been agreed or otherwise determined pursuant to the clause 64 65 then the Annual Service Plan shall be deemed to have been withdrawn.
62.9 If the Authority confirms the Annual Service Plan the Authority shall propose a change in the Services in accordance with clause 43.
62.10 The Contractor shall take all reasonable steps to mitigate any costs arising as a consequence of a Services Improvement Notice and an Authority Notice of Change served pursuant to clause 62.9
63.1 On or before each Best Value Review Date the Authority may instigate a Best Value Review in relation to such of its services or functions of which the Services forms part and thereafter the following provisions of this clause 63.1 shall apply.
63.2 The Parties agree that any such Best Value Review shall be carried out in accordance with the applicable Law.
63.3 The Authority shall carry out the Best Value Review at its own cost.
63.4 In carrying out the Best Value Review, the Authority may take into account the results of any: Annual Service Reports; Customer Satisfaction Survey; and/or Performance Standard Benchmarking Exercise and shall consult with the Contractor on any proposals to change the Services to enable the Authority to comply with its Best Value Duty.
63.5 If in the Authority’s reasonable opinion the results of the Best Value Review disclose that the provision, performance or delivery of the Services (or any part) may be more efficient, effective or economic having regard to the Best Value Duty, then the Authority may serve a Services Improvement Notice on the Contractor stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Authority desires.
63.6 The Contractor shall, within 10 Working Days of the date of receipt of a Services Improvement Notice, at its own cost provide the Authority with a written statement (the “Best Value Improvement Plan”) containing the Contractor’s proposals to achieve the change to the Services (or the relevant part) in accordance with the Services Improvement Notice.
63.7 As soon as practicable after the Authority receives the Best Value Improvement Plan the Parties shall discuss and agree the issues set out in the Best Value Improvement Plan. In such discussions the Authority may modify the Services Improvement Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than 10 Working Days after the receipt of such modification, notify the Authority of any consequential changes to the Best Value Improvement Plan.
63.8 If the Parties cannot agree on the contents of the Best Value Improvement Plan then the dispute will be determined in accordance with the clause 65.
63.9 As soon as practicable after the content of the Best Value Improvement Plan has been agreed or otherwise determined pursuant to the clause 65 the Authority shall: confirm in writing the Best Value Improvement Plan; or withdraw the Services Improvement Notice.
63.10 If the Authority does not confirm the Best Value Improvement Plan within 10 Working Days of the Best Value Improvement Plan having been agreed or determined in accordance with the clause 65 then the Services Improvement Notice shall be deemed to have been withdrawn.
63.11 If the Authority confirms the Best Value Improvement Plan the Authority shall propose a Variation in the Services (or any part of the Services) in accordance with clause 43.1.
63.12 To the extent that the implementation of the proposals contained in the Best Value Improvement Plan will result in a decrease in the costs of the Contractor, the Price shall thereafter be adjusted downwards in accordance with clause 43.3.
63.13 To the extent that if the implementation of the proposals contained in the Best Value Improvement Plan will result in an increase in the costs of the Contractor, the Price shall thereafter be adjusted upwards in accordance with clause 43.
Appears in 1 contract
Samples: Services Agreements
Annual Service Report and Annual Service Plan. 62.1 39.3.1 Without prejudice to any other provision in the this Agreement the Contractor shall at its own costshall, no later than the [DATE TO BE INSERTED] in each Contract Year provide to the Authority a written report (the “Annual Service Report”) to in accordance with the reasonable satisfaction requirements of the AuthorityServices Specification.
62.2 39.3.2 The Contractor shall upon a written request from the Authority promptly provide such written evidence or other supporting information as the Authority may reasonably require to verify and audit the information and other material contained in the Annual Service Report.
62.3 39.3.3 If, in the Authority’s 's reasonable opinion, the provision, performance or delivery of the Services (or any part) may be more effective, efficient and economic having regard to the Annual Service Report and the Best Value Duty, then the Authority may serve a written notice upon the Contractor (a “Services Improvement Best Value Service Change Notice”) stating the nature and timing of the changes to the provision, performance or delivery of the Services (or the relevant part) which the Authority desires.
62.4 39.3.4 The Contractor shall, within 20 fifteen (twenty15) Working Business Days of the date of receipt of the Services Improvement Best Value Service Change Notice, provide the Authority at its own cost with a written statement (the “Annual Service Plan”) containing the Contractor’s proposals Service Delivery Proposals to achieve the change to the Services (or the relevant part) in accordance with the Services Improvement Best Value Service Change Notice.
62.5 39.3.5 As soon as practicable after the Authority receives the Annual Service Plan, the Parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Authority may modify the Services Improvement Best Value Service Change Notice, in which case the Contractor shall, as soon as practicable, and in any event not more than 10 Working fifteen (15) Business Days after the receipt of such modification, notify the Authority of any consequential changes to the Annual Service Plan.
62.6 39.3.6 If the Parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the clause 64Dispute Resolution Procedure.
62.7 39.3.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the clause 64 Dispute Resolution Procedure the Authority shall:
a) 39.3.7.1 confirm in writing the Annual Service Plan; or
b) 39.3.7.2 withdraw the Services Improvement Best Value Service Change Notice.
62.8 39.3.8 If the Authority does not confirm the Annual Service Plan within 10 Working Days [INSERT TIME PERIOD] of the Annual Service Plan having been agreed or otherwise determined pursuant to the clause 64 Dispute Resolution Procedure then the Annual Service Plan shall be deemed to have been withdrawn.
62.9 39.3.9 If the Authority confirms the Annual Service Plan the Authority shall propose a change Medium Value Change in accordance with Part 3 of Schedule 24 (Change Protocol).
39.3.10 To the extent that the implementation of the proposals in the Services Annual Service Plan will result in a decrease in the costs of the Contractor, the Unitary Charge shall be adjusted downwards in accordance with clause 4373 (Financial Adjustments) to reflect a sharing in the decrease in costs [50:50] as to the Authority and Contractor respectively.
62.10 39.3.11 To the extent that the implementation of the proposals in the Annual Service Plan will result in an increase in the costs of the Contractor, the Unitary Charge shall be adjusted [upwards] to reflect such increase in accordance with clause 73 (Financial Adjustments).
39.3.12 The Contractor shall take all reasonable steps to mitigate any costs and maximise any savings arising as a consequence of a Services Improvement Best Value Service Change Notice and an Authority Notice of a Medium Value Change served required pursuant to clause 62.939.3.9.
Appears in 1 contract
Samples: Project Agreement
Annual Service Report and Annual Service Plan. 62.1 Without prejudice to any other provision in 1.4.1 the Agreement Service Provider shall no later than the Contractor shall Annual Service Report Date at its own cost, provide to the Authority a written report (the “"Annual Service Report”") to which shall contain the reasonable satisfaction of information set out in the AuthorityOutput Specification.
62.2 The Contractor 1.4.2 the Service Provider shall upon a written request from the Authority promptly promptly:
(a) provide access to such written evidence or other supporting information as the Authority may reasonably require to verify and audit the information and other material contained in the Annual Service Report; and
(b) provide photocopying facilities to the Authority so that the Authority can copy whatever evidence, information or material it shall reasonably require.
62.3 1.4.3 If, in the Authority’s reasonable opinion, the provision, performance or delivery of the Services Service (or any partpart of the Service) may be more effective, efficient and economic having regard to the Annual Service Report Report, and the Best Value Duty, then the Authority may serve a written notice upon the Contractor Service Provider (a “Services Improvement "Best Value Service Change Notice”") stating the nature and timing of the changes to the provision, performance or delivery of the Services Service (or the relevant partpart of the Service) which the Authority desires.
62.4 1.4.4 The Contractor Service Provider shall, within twenty 20 (twenty) Working Business Days of the date of receipt of the Services Improvement a Best Value Service Change Notice, provide the Authority at its own cost with a written statement (the “"Annual Service Plan”") containing the ContractorService Provider’s proposals to achieve the change to the Services Service (or the relevant part) in accordance with the Services Improvement Best Value Service Change Notice.
62.5 1.4.5 As soon as practicable after the Authority receives the Annual Service Plan, Plan the Parties parties shall discuss and agree the issues set out in the Annual Service Plan. In such discussions the Authority may modify the Services Improvement Best Value Service Change Notice, in which case the Contractor Service Provider shall, as soon as practicable, and in any event not more than 10 Working Days 3 days after the receipt of such modification, notify the Authority of any consequential changes to the Annual Service Plan.
62.6 1.4.6 If the Parties parties cannot agree on the contents of the Annual Service Plan then the dispute will be determined in accordance with the clause 6438 (Dispute Resolution).
62.7 1.4.7 As soon as practicable after the content of the Annual Service Plan has been agreed or otherwise determined pursuant to the clause 64 Dispute Resolution the Authority shall:
(a) confirm Confirm in writing the Annual Service Plan; or
(b) withdraw Withdraw the Services Improvement Best Value Service Change Notice.
62.8 1.4.8 If the Authority does not confirm the Annual Service Plan within 10 Working twenty (20) Business Days of the Annual Service Plan having been agreed or otherwise determined pursuant to the clause 64 38 (Dispute Resolution) then the Annual Service Plan shall be deemed to have been withdrawn.
62.9 1.4.9 If the Authority confirms the Annual Service Plan the Authority shall propose a change in the Services Service in accordance with clause 43paragraph 1 of Schedule 7A (Change Procedure).
62.10 1.4.10 To the extent that the implementation of the proposals in the Annual Service Plan will result in a decrease in the costs of the Service Provider, the Unitary Charge shall be adjusted downwards to reflect a sharing in the decrease in costs 80:20 as to the Authority and Service Provider respectively and the financial consequences of such adjustment shall be dealt with in accordance with paragraph 4 of Schedule 7A (Change Procedure).
1.4.11 To the extent that the implementation of the proposals in the Annual Service Plan will result in an increase in the costs of the Service Provider, the Unitary Charge shall be adjusted upwards and the financial consequences of such adjustment shall be dealt with in accordance with paragraph 4 of Schedule 7A (Change Procedure).
1.4.12 The Contractor Service Provider shall take all reasonable steps to mitigate any costs arising as a consequence of a Services Improvement Best Value Service Change Notice and an the Authority Notice notice of Change change served pursuant to clause 62.9paragraph 2.4.3.
Appears in 1 contract
Samples: Contract
