return to the party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information; (b) all the other party's Confidential Information from its computer systems (to the extent possible); and (c) certify in writing to the other party that it has complied with the requirements of this clause, provided that a recipient party may retain documents and materials containing, reflecting, incorporating or based on the other party's Confidential Information to the extent required by law or any applicable governmental or regulatory authority. 25.8 The Residential/Nursing Care Provider shall procure that each Sub-Contractor used by it in the provision of the Services under this Agreement executes a confidentiality undertaking in a form approved by the Council. The Residential/Nursing Care Provider shall immediately notify the Council of any notification it receives from a party to such an undertaking that it believes there to have been a disclosure of such information or of any reasonable suspicion it has that there has been a breach of such an undertaking. 25.9 The provisions of this clause 25 survive for a period of six years from termination of this Agreement. 26. DATA PROTECTION ACT 26.1 The Residential/Nursing Care Provider shall at all times comply with the Data Protection Act 1998 (“DPA”) including, where appropriate maintaining a valid and up to date registration or notification under the DPA. 26.2 The Residential/Nursing Care Provider shall not disclose Personal Data to any third parties other than: 26.2.1 to sub-contractors and agents to whom such disclosure is reasonably necessary in order to perform the Agreement; or 26.2.2 to the extent required under a court order; provided that disclosure under clause 26.2 is made with the approval of the Council and subject to written terms no less stringent than the terms contained in this clause and that the Residential/Nursing Care Provider shall give notice in writing to the Council of any disclosure under Clause 26.2 immediately it is aware of such a requirement. 26.3 The Residential/Nursing Care Provider shall indemnify and keep indemnified the Council against all losses, claims, damages, liabilities, costs and expense (including reasonable legal costs) incurred by it in respect of any breach of this
7 Key Performance Indicators The Residential/Nursing Care Provider will comply with the following performance indicators 7.1 Workbook KPI’s Indicator Threshold Method of Measurement 7.1.1 Service Users are able to access the service as required The service is available and open for referrals as specified - Quarterly referral data - Feedback from Service Users or other appropriate organisations 7.1.2 Service Users are assessed prior to admission or in case of emergency admissions within 24 hours of admission. [ %] of Service Users are assessed within, 24 hours of admission. - Quarterly data - Spot of records - Feedback from Service or other appropriate organisations 7.1.3 Care Plan clearly highlights key areas of any identified needs and risks, with appropriate management plans in place to minimise risks of harm, are completed as soon as possible after admission. [ %] of Service Users have a Care Plan outline within 24 hours of admission and a full Care Plan, including social/personal history (when known) completed within 14 days of admission. - Quarterly data - Spot of records - Feedback from Service Users or other appropriate organisations 7.1.4 Number of reviews undertaken by residential/nursing provider completed in each quarter involving stakeholders as appropriate. [ %] of all Service Users reviewed each quarter - Quarterly data 7.1.5 The total number of avoidable admissions to hospital or sideways moves to another similar Residential/Nursing Care Provider. Less than [ %] of Service Users leave the service due to inappropriate reason, in partnership with Hampshire County Council. - Quarterly report (analysis of AS database). - Feedback from appropriate organisations