Operation of the Payment Mechanism

The Unitary Charge is the payment that would be made if all the performance standards were fully complied with.  [In submitting Bids, Bidders should note that they must assume that there are no deductions under Performance Standards 2 to 8]1

There is a direct link between the performance standards set out in the Authority Requirements and the Service Specification and the monthly charge payable to the Service Provider.

Deductions are made through the payment mechanism for unavailability and service under performance.

Availability requirements mean the following:

(a)  Access - the [outdoor pitch(es), court (s), track(s)] or any entrances, doorways, halls, lobbies, reception areas, unloading bays, corridors, lifts, staircases or other common parts of, or serving the Zone (including the access roads and/or car parks) are open accessible and free from any obstruction or physical destruction or deterioration so that the Zone can be used for its properly Designated Function and/or can be accessed;2 or

(b)  Condition - the Zone is weather-tight, has structurally sound building fabric and materials, with fixtures and fittings as set out in the Zone Data Sheets;

(c)  Legislation - access to, occupation or use of the Zone by Users is in accordance with all relevant Legislation and Guidance;

(d)  Water (hot and cold installations) - the Zone has safe and continuous supplies of hot and cold water (for both washing and drinking) as required by, and as set out in, the relevant Zone Data Sheet and the Services Specification;

(e)  Drainage – the Zone has sewerage and drainage systems which meet requirements set out in the Services Specification;

(f)  Ventilation - air changes within the Zone are provided to the required air flow rates and extract rates set out in the relevant Zone Data Sheet;

(g)  Temperature Levels - internal temperature levels within the Zone are in compliance with the levels specified in the relevant Zone Data Sheet;

(h)  Lighting - lighting in the Zone is of the type and lux levels set out in the relevant Zone Data Sheet;

(i)  Pool Water Quality - water in the [Main Pool and] [Learner Pool] is of the quality, clarity and temperature specified in the relevant Zone Data Sheet [and the Service Specification];

(j)  Sports Equipment – the Zone has operational Sports Equipment of the quantity and type specified in the relevant Zone Data Sheets or as required for a Sports Activity programmed to take place in that Zone;

(k)  Equipment – the Zone has Equipment of the standard specified in the Services Specification as is required for the Designated Function of the Zone;

(l)  Sport Activity Programming - the relevant Sports Activity can take place in the Zone at the time set out in the Sports and Physical Activity Development Programme;

(m)  [Key Staffing - the appropriately qualified Staff are provided in the [Swimming] Zone in accordance with the Zone Data Sheets and the Services Specification;]3

(n)  Opening Hours - the Zone is available for its Designated Function during the Opening Hours

The Services include –4

 Maintenance

 Leisure

 Customer Care, Reception and Helpdesk

 Cleaning, Waste and Pest Control Management

 Contract Management and Reporting

 Catering

All of the above have performance standards which are linked to the payment mechanism.

1   Unitary Charge and Monthly Unitary Payment

The Annual Unitary Charge is made up of an Unindexed and an Indexed Element. The Indexed Element is inflated by RPIx annually.

The Annual Unitary Charge is divided by twelve to give the Monthly Unitary Charge and this is adjusted by the pass through costs (if any), monthly deductions (if any) and an element for Utilities in order arrive at the Monthly Unitary Payment.

2  Monitoring and Reporting

3  The Service Provider will provide monthly and annual reports to the Authority as specified in the Output Specification and the Contract detailing a daily record of any Events which may or may not lead to unavailability or a failure of the performance standards.

4  A failure may be reported by the on-site staff, a representative from the Authority or a member of the public (a 'User') to the designated Help Desk any time during operational hours.

The Service Provider will keep details of:

 Name of the person reporting the Event (if willingly provided)

 Zone

 Circumstances of the Event & Commentary

 Classification as either potential Availability or Performance Failure

 Priority level, Containment Time (if any) & Rectification Time

 Notification Time

5  For the avoidance of doubt, failure to meet the Performance Standards set out in the Output Specification in relation to pricing and maintenance of buildings, plant and equipment are not dealt with through the payment mechanism but in accordance with the express rights of the Contract.




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1  I don't understand this comment

2  DN: This is a mixture of Access and suitable for use, should it be divided? It looks like you have tweaked this definition towards the end. In the previous definition (& seen on banked deals) the wording was not a problem

3  This is intended to cover Zones where qualified Staff are needed to allow the Zone to be used.

4  Have amended these descriptions so that they are consistent with those inserted by JLW into the PM