Schedule Part 11 - Performance Review and Reporting

This Schedule Part sets out the Performance Measures which will apply to the Services, the mechanisms by which any failure to meet Performance Measures will be managed, and the methods by which CFL’s performance under this Agreement will be monitored.

The Performance Measures are intended to:

ensure that the Services are of a consistently high quality and meet the Scottish Ministers’ requirements as to performance and reliability.

provide a mechanism whereby the Scottish Ministers can show meaningful recognition of any failure by CFL to deliver the level of public services for which it has contracted and, where appropriate, which will be recognised by the service users as consequential to their inconvenience and/or loss; and

remedy any failure to meet the Performance Measures expeditiously.

Part A: Key Performance Indicators

Performance Review Process

If at the Commencement Date historical data is not available to set a benchmark, the relevant data will be monitored during the period of six months from the Commencement Date, and this data will then be used to set the relevant benchmark going forward.

Transport Scotland shall advise CFL:

1. the initial performance criteria
2. current available data and additional data required to support the KPIs.
3. the initial reporting metrics for the Performance Review Report which will be required.

• the initial benchmarks for the Performance Review Scorecard which will be required.

1. the period over which the initial KPI framework will apply.

(together the Initial KPI Framework)

Transport Scotland and CFL shall use the Initial KPI Framework and the Indicative Framework of KPIs set out in the table in section 3 of Appendix 1 of this Part as the basis for establishing the KPI Framework.

The KPI Framework (and any update thereafter) shall be used to create the Performance Review Scorecard.

Transport Scotland and CFL shall consult FCB and others as appropriate on the proposed KPI Framework and the Performance Review Scorecard.

The KPI Framework will be reviewed at least annually and both Transport Scotland and CFL shall use reasonable endeavours to discuss the KPI Framework. If the KPI Framework is not agreed by CFL, then the KPI Framework shall be determined by Transport Scotland acting reasonably.

CFL shall prepare the Benefits Realisation Plan as contemplated in the table in section 3 of Appendix 1 of this Part and shall update it as required by Transport Scotland.

Part B: Monitoring Procedures

Weekly Operational Issues Review

Each week during the Financial Year CFL and Transport Scotland shall hold an Operational Issues Review to provide a weekly dialogue on current operational issues to ensure that each party is informed about the conduct and impact of the Services on users and communities. The Operational Issues review may be conducted by telephone or other digital platforms or ad-hoc in written format as agreed with Transport Scotland.

Monthly Performance Measure Report and Service Performance Review Meetings

CFL shall supply separate reports to Transport Scotland for each Route as follows:

Monthly Reports on Service Performance Measures as required by the “Service Performance Measures Table” in the CHFS3 Monthly Pack Template Performance Report.

CFL to provide on request statements of both revenue, variable costs incurred to support those revenue streams and monthly vessel operating costs on a vessel specific basis differentiating between general shore costs, fuel costs, sea-going costs, marketing costs and other costs to support monitoring for subsidy control purposes.

CFL and Transport Scotland shall attend Monthly Service Performance Review Meetings on a monthly basis (unless otherwise agreed).

Annual review of Plans and Strategies

Transport Scotland and CFL shall meet annually to review each of:

• The Health and Safety Plan
• The Environmental Management Plan
• The Marketing Plan
• The Human Resources Strategy
• The Equalities Impact Assessment
• Demand and Capacity Management Plan
• Vessel Deployment Plan
• Community Engagement Strategy and Community Benefits Plan
• Continuous Improvement Plan
• Technology Strategy
• Catering Services Plan
• Retail and Services Plan
• Strategic Asset Management Plan
• Scheduled Maintenance Plan
• Fleet Relief Plan (if required by Scottish Ministers)
• Harbour Operating Agreement Plan
• Smart and Integrated Ticketing Plan
• Access and Interchange Plan
• Customer Service and Accessibility plan
• Workforce Equalities Plan
• Quality Management Plan
• Business Continuity and Disaster Recovery Plan
• General reporting requirements

CFL shall hold in electronic format and continue to hold for the duration of the Agreement copies of all information and reports and summaries (including initial and agreed versions where appropriate) which CFL is responsible for providing and shall provide any such information to the Scottish Ministers at any time on request and within two Business Days following the Termination Date or one month of the Expiry Date as appropriate.

The Scottish Ministers may, at their own expense, carry out such monitoring and/or audit of the Services as they determinate may be required in order to measure the performance of CFL against the Performance Measures, provided that such monitoring and/or audit does not have an adverse effect on the provision by CFL of the Services or its ability to meet the Performance Measures. 

Finance And Efficiency Information

CFL shall submit, together with, the audited financial statements submitted pursuant to Clause 24.7 (Audit, Expenditure and Accountability):

efficiency and financial information at the end of each Financial Year;

detailed statements of both revenue and expenditure on a Route-by-Route basis where appropriate differentiating between general seagoing and vessel maintenance costs, catering and other service costs, seagoing staff costs, marketing costs and other costs;

detailed statements of both revenue and operating costs on a Harbour and Port basis where appropriate differentiating between general shore costs, stevedoring and security costs, catering and other service costs, shore staff costs, marketing costs and other costs;

separate financing statements for Grant supported services, which clearly demonstrate that there is no cross subsidisation with the activities of any Associated Company; and

Grant as a percentage of turnover.