4  Non-Zone Performance Standards

4.1  Where there is a Performance Failure of a Non-Zone Performance Standard, a Deduction shall be made from the MUC from the Contract Day in which the Performance Failure first occurs until the Performance Failure is Rectified.  

4.2  The Performance Deduction for each Contract Day that the Non-Zone Standard is breached in accordance with the measurement in the Services Specification in accordance with the following formula:

Where:

PD2 is the Performance Deduction for the Non-Zone Performance Standards;

UCn is the Unitary Charge for the relevant Contract Year calculated in accordance with paragraph 1.1 of part 1;

PW is the Performance Standard Weighting as set out in Appendix 3 to this Schedule;

The Performance Deduction is multiplied by the number of Operational Periods in the affected Zone during which a Performance Failure subsists.

4.3  For the Performance Standard8 relating to the achievement of agreed annual participation targets or implementation of the agreed Sport and Physical Activity and Marketing and Communications Plans, if the Contractor has failed to implement the Plans and there is a shortfall against the agreed annual participation targets then the following calculation will apply:

Where:

PD3 is the Performance Deduction pertaining to Participation Targets;

UCm is the Unitary Charge for the relevant Contract Year for the relevant Leisure Facility in accordance with Part 1, paragraph 3;

PTW is the Weighting for Participation Targets as set out in Appendix 3 to this Schedule;

TS is the shortfall in the number of persons in the relevant participation group compared to the agreed Participation Target for the previous Contract Year.  For the avoidance of doubt, where the agreed Sports and Physical Activity and marketing and Communications Plans for the Leisure Facility has been implemented, TS shall be zero;

PT is the agreed Participation Target for the relevant group to which TS relates.

4.4  Where Performance Deductions arise from a failure to achieve a Performance Standard which is measured annually, the Performance Deductions arising from each failure shall be calculated in accordance with paragraph 4 of this Part 4 but shall be deducted from the following six (6) Contract Months on a pro-rated basis.

4.5  For the avoidance of doubt, the Non-Zone Performance Standards do not have any Containment Time and/or Rectification Time.

4.6  If a Non-Zone Performance Standard is not met two (2) or more times in any three (3) year rolling period then the Performance Deduction and the Failure Point incurred in respect of the second (2nd) and subsequent failure to meet the same Annual Performance Standard shall be multiplied by the Multiplier.  

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7  Or the number of days that the Facility is planned to be open in the year. This will be Project Specific

8  Additional formulae could be added for other services which are measured on an annual basis, the failure of which would not be measured by a number of days, for example relating to the Customer Satisfaction Survey, where this cannot be remedied until the following year.