Common use of Monitoring of Contract Performance Clause in Contracts

Monitoring of Contract Performance. 8.1 The Customer and Supplier shall, within 10 Contract Notice Days of the date of signature of this Contract, each appoint a representative in relation to this Contract. If, at any time during the Contract Period, the Customer considers (acting reasonably) that the Supplier Representative is not appropriate, the Customer shall notify the Supplier in writing that it requests that the Supplier changes the Supplier Representative. The Supplier shall not unreasonably withhold or delay agreement to such request and the Supplier shall replace its Supplier Representative with a suitable member of Staff with equal knowledge, experience, seniority and expertise as the Supplier Representative being replaced, without delay. Either Party may, by prior written notice to the other Party, revoke or amend the authority of its representative or appoint a new representative. Notwithstanding the foregoing, it is intended that each Party has at all times a counterpart representative of equivalent seniority and expertise. 8.2 The Supplier shall comply with the monitoring arrangements set out in this clause 8 including, but not limited to, providing such data and information as the Supplier may be required to produce under this Contract. 8.3 Within 20 Contract Notice Days of the Commencement Date the Supplier shall provide the Customer with details of the system that it will implement in order to monitor and report on performance against the Service Levels and Key Performance Indicators ("Performance Monitoring System") and the Parties will endeavour to agree such process as soon as reasonably possible. The Supplier agrees that, as a minimum the reports generated as part of the Performance Monitoring System shall contain the following information in respect of the relevant period just ended: 8.3.1 a summary of all Vehicle Orders placed and Vehicle Agreements concluded during the Month together with a summary of all Vehicles currently provided on hire; 8.3.2 for each Service Level and Key Performance Indicator, the actual performance achieved over the relevant period and that achieved over the previous 3 Months; 8.3.3 a summary of all failures to achieve Service Levels and Key Performance Indicators that occurred during that period; 8.3.4 any Critical Service Failures and details in relation thereto; 8.3.5 for any repeat failures, actions taken to resolve the underlying cause and prevent recurrence; 8.3.6 the Service Credits to be applied in respect of the relevant period indicating the failures and Service Levels to which the Service Credits relate; and 8.3.7 such other details as the Customer may reasonably require from time to time. 8.4 Once agreed, the Supplier shall comply with the Performance Monitoring System. 8.5 Where reports are required to be submitted as part of the Performance Monitoring System, the Supplier shall render such reports at such time and in such form as may be specified or as otherwise agreed between the Parties. 8.6 The submission and receipt of reports as part of the Performance Monitoring System shall not prejudice the rights of either Party under the Contract. 8.7 The Parties shall attend meetings to discuss Service Level and Key Performance Indicator reports ("Performance Review Meetings") on a monthly basis (unless otherwise agreed). The Performance Review Meetings will be the forum for the review by the Supplier and the Customer of the Performance Monitoring Reports. The Performance Review Meetings shall (unless otherwise agreed): 8.7.1 take place within one (1) week of the reports being issued by the Supplier; 8.7.2 take place at such location and time (within normal business hours) as the Customer shall reasonably require unless otherwise agreed in advance; 8.7.3 consider the operation of this Contract and in particular any steps which could optimise value for money and operational benefit derived for the Customer; 8.7.4 consider and update any projections issued by the Customer of anticipated Services which will be required pursuant to this Contract; 8.7.5 review and discuss the Supplier's performance pursuant to this Contract; 8.7.6 consider and resolve disputes (if any) relating to this Contract. 8.7.7 be attended by the Supplier's Representative and the Customer's Representative; and 8.7.8 be fully minuted by the Supplier. The prepared minutes will be circulated by the Supplier to all attendees at the relevant meeting and also to the Customer's representative and any other recipients agreed at the relevant meeting. The minutes of the preceding month's Performance Review Meeting will be agreed and signed by both the Supplier's representative and the Customer's Representative at each meeting. 8.8 The Customer shall be entitled to raise any additional questions and/or request any further information regarding any failure to achieve Service Levels and/or and Key Performance Indicators. 8.9 The Supplier shall provide to the Customer such supporting documentation as the Customer may reasonably require in order to verify the level of the performance by the Supplier and the calculations of the amount of Service Credits for any specified period. 8.10 The Supplier shall meet with the Customer following completion of the provision of the Services to discuss whether the Parties' objectives were met, whether anticipated benefits had been achieved and to identify any lessons learned for future projects. The Customer shall be permitted to share information arising from such meeting with other Contracting Authorities.

Monitoring of Contract Performance. 8.1 The Customer and Supplier shall, within 10 Contract Notice Days of the date of signature of this Contract, each appoint a representative in relation to this Contract. If, at any time during the Contract Period, the Customer considers (acting reasonably) that the Supplier Representative is not appropriate, the Customer shall notify the Supplier in writing that it requests that the Supplier changes the Supplier Representative. The Supplier shall not unreasonably withhold or delay agreement to such request and the Supplier shall replace its Supplier Representative with a suitable member of Staff with equal knowledge, experience, seniority and expertise as the Supplier Representative being replaced, without delay. Either Party may, by prior written notice to the other Party, revoke or amend the authority of its representative or appoint a new representative. Notwithstanding the foregoing, it is intended that each Party has at all times a counterpart representative of equivalent seniority and expertise. 8.2 7.1 The Supplier shall comply with the monitoring arrangements set out in this clause 8 7 including, but not limited to, providing such data and information as the Supplier may be required to produce under this Contract. 8.3 7.2 Within 20 Contract Notice Working Days of the Commencement Date the Supplier shall provide the Customer with details of the system that it will implement in order to monitor and report on Service Level performance against the Service Levels and Key Performance Indicators ("Performance Monitoring System") and the Parties will endeavour to agree such process as soon as reasonably possible. The Supplier agrees that, as a minimum the reports generated as part of the Performance Monitoring System shall contain contain, as a minimum, the following information in respect of the relevant period just ended: 8.3.1 a summary of all Vehicle Orders placed and Vehicle Agreements concluded during the Month together with a summary of all Vehicles currently provided on hire; 8.3.2 7.2.1 for each Service Level and Key Performance IndicatorLevel, the actual performance achieved over the Service Level for the relevant period and that achieved over the previous 3 Monthsperiod; 8.3.3 7.2.2 a summary of all failures to achieve Service Levels and Key Performance Indicators that occurred during that period; 8.3.4 7.2.3 any Critical Service Failures and details in relation thereto; 8.3.5 7.2.4 for any repeat failures, actions taken to resolve the underlying cause and prevent recurrence; 8.3.6 7.2.5 the Service Credits to be applied in respect of the relevant period indicating the failures and Service Levels to which the Service Credits relate; and 8.3.7 7.2.6 such other details as the Customer may reasonably require from time to time. 8.4 7.3 Once agreed, the Supplier shall comply with the Performance Monitoring System. 8.5 7.4 Where reports are required to be submitted as part of the Performance Monitoring System, the Supplier shall render such reports at such time and in such form as may be specified or as otherwise agreed between the Parties. 8.6 7.5 The submission and receipt of reports as part of the Performance Monitoring System shall not prejudice the rights of either Party under the Contract. 8.7 7.6 The Parties shall attend meetings to discuss Service Level and Key Performance Indicator reports ("Performance Review Meetings") on a monthly basis (unless otherwise agreed). The Performance Review Meetings will be the forum for the review by the Supplier and the Customer of the Performance Monitoring Reports. The Performance Review Meetings shall (unless otherwise agreed): 8.7.1 7.6.1 take place within one (1) week of the reports being issued by the Supplier; 8.7.2 7.6.2 take place at such location and time (within normal business hours) as the Customer shall reasonably require unless otherwise agreed in advance; 8.7.3 consider the operation of this Contract and in particular any steps which could optimise value for money and operational benefit derived for the Customer; 8.7.4 consider and update any projections issued by the Customer of anticipated Services which will be required pursuant to this Contract; 8.7.5 review and discuss the Supplier's performance pursuant to this Contract; 8.7.6 consider and resolve disputes (if any) relating to this Contract. 8.7.7 7.6.3 be attended by the Supplier's Representative and the Customer's Representative; and 8.7.8 7.6.4 be fully minuted by the Supplier. The prepared minutes will be circulated by the Supplier to all attendees at the relevant meeting and also to the Customer's representative and any other recipients agreed at the relevant meeting. The minutes of the preceding month's Performance Review Meeting will be agreed and signed by both the Supplier's representative and the Customer's Representative at each meeting. 8.8 7.7 The Customer shall be entitled to raise any additional questions and/or request any further information regarding any failure to achieve Service Levels and/or and Key Performance IndicatorsLevels. 8.9 7.8 The Supplier shall provide to the Customer such supporting documentation as the Customer may reasonably require in order to verify the level of the performance by the Supplier and the calculations of the amount of Service Credits for any specified period. 8.10 7.9 The Supplier shall meet with the Customer following completion of the provision of the Services to discuss whether the Parties' objectives were met, whether anticipated benefits had been achieved and to identify any lessons learned for future projects. The Customer shall be permitted to share information arising from such meeting with other Contracting Authorities.

Monitoring of Contract Performance. 8.1 The Customer and Supplier shall, within 10 Contract Notice Days of the date of signature of this Contract, each appoint a representative in relation to this Contract. If, at any time during the Contract Period, the Customer considers (acting reasonably) that the Supplier Representative is not appropriate, the Customer shall notify the Supplier in writing that it requests that the Supplier changes the Supplier Representative. The Supplier shall not unreasonably withhold or delay agreement to such request and the Supplier shall replace its Supplier Representative with a suitable member of Staff with equal knowledge, experience, seniority and expertise as the Supplier Representative being replaced, without delay. Either Party may, by prior written notice to the other Party, revoke or amend the authority of its representative or appoint a new representative. Notwithstanding the foregoing, it is intended that each Party has at all times a counterpart representative of equivalent seniority and expertise.‌ 8.2 7.1 The Supplier shall comply with the monitoring arrangements set out in this clause 8 7 including, but not limited to, providing such data and information as the Supplier may be required to produce under this Contract. 8.3 7.2 Within 20 Contract Notice Working Days of the Commencement Date the Supplier shall provide the Customer with details of the system that it will implement in order to monitor and report on Service Level performance against the Service Levels and Key Performance Indicators ("Performance Monitoring System") and the Parties will endeavour to agree such process as soon as reasonably possible. The Supplier agrees that, as a minimum the reports generated as part of the Performance Monitoring System shall contain contain, as a minimum, the following information in respect of the relevant period just ended: 8.3.1 a summary of all Vehicle Orders placed and Vehicle Agreements concluded during the Month together with a summary of all Vehicles currently provided on hire; 8.3.2 7.2.1 for each Service Level and Key Performance IndicatorLevel, the actual performance achieved over the Service Level for the relevant period and that achieved over the previous 3 Monthsperiod; 8.3.3 7.2.2 a summary of all failures to achieve Service Levels and Key Performance Indicators that occurred during that period; 8.3.4 7.2.3 any Critical Service Failures and details in relation thereto; 8.3.5 7.2.4 for any repeat failures, actions taken to resolve the underlying cause and prevent recurrence; 8.3.6 7.2.5 the Service Credits to be applied in respect of the relevant period indicating the failures and Service Levels to which the Service Credits relate; and 8.3.7 7.2.6 such other details as the Customer may reasonably require from time to time. 8.4 7.3 Once agreed, the Supplier shall comply with the Performance Monitoring System. 8.5 7.4 Where reports are required to be submitted as part of the Performance Monitoring System, the Supplier shall render such reports at such time and in such form as may be specified or as otherwise agreed between the Parties. 8.6 7.5 The submission and receipt of reports as part of the Performance Monitoring System shall not prejudice the rights of either Party under the Contract. 8.7 7.6 The Parties shall attend meetings to discuss Service Level and Key Performance Indicator reports ("Performance Review Meetings") on a monthly basis (unless otherwise agreed). The Performance Review Meetings will be the forum for the review by the Supplier and the Customer of the Performance Monitoring Reports. The Performance Review Meetings shall (unless otherwise agreed): 8.7.1 7.6.1 take place within one (1) week of the reports being issued by the Supplier; 8.7.2 7.6.2 take place at such location and time (within normal business hours) as the Customer shall reasonably require unless otherwise agreed in advance; 8.7.3 consider the operation of this Contract and in particular any steps which could optimise value for money and operational benefit derived for the Customer; 8.7.4 consider and update any projections issued by the Customer of anticipated Services which will be required pursuant to this Contract; 8.7.5 review and discuss the Supplier's performance pursuant to this Contract; 8.7.6 consider and resolve disputes (if any) relating to this Contract. 8.7.7 7.6.3 be attended by the Supplier's Representative and the Customer's Representative; and 8.7.8 7.6.4 be fully minuted by the Supplier. The prepared minutes will be circulated by the Supplier to all attendees at the relevant meeting and also to the Customer's representative and any other recipients agreed at the relevant meeting. The minutes of the preceding month's Performance Review Meeting will be agreed and signed by both the Supplier's representative and the Customer's Representative at each meeting. 8.8 7.7 The Customer shall be entitled to raise any additional questions and/or request any further information regarding any failure to achieve Service Levels and/or and Key Performance IndicatorsLevels. 8.9 7.8 The Supplier shall provide to the Customer such supporting documentation as the Customer may reasonably require in order to verify the level of the performance by the Supplier and the calculations of the amount of Service Credits for any specified period.period.‌ 8.10 7.9 The Supplier shall meet with the Customer following completion of the provision of the Services to discuss whether the Parties' objectives were met, whether anticipated benefits had been achieved and to identify any lessons learned for future projects. The Customer shall be permitted to share information arising from such meeting with other Contracting Authorities.