Interdepartmental Service Level Agreement

Interdepartmental Service Level Agreement


NATIONAL GOVERNMENT

INTERDEPARTMENTAL SERVICE LEVEL AGREEMENT

BETWEEN

THE DEPARTMENTS OF ……………………….

AND

PUBLIC WORKS

ENTERED INTO BY …………………………….

IN HIS/HER CAPACITY AS

ACCOUNTING OFFICER OF DEPARTMENT OF PUBLIC WORKS

AND

……………………………

IN HIS/HER CAPACITY AS

ACCOUNTING OFFICER OF DEPARTMENT OF

………………………….

1

1.PREAMBLE

1.1This service level agreement (SLA) will govern the relationship between the National Department of Public Works (NDPW) and the Department of ……… with regard to the provision of accommodation through construction, maintenance works, acquisition of sites and buildings, operation of facilities, installations and installed equipment as well as leasing which NDPW manages as a service for ………

1.2The SLA is necessary to:

  • Clearly spell out the roles and responsibilities of each Department.
  • Provide service delivery standards, which must be met by NDPW.
  • Set standards of Client behaviour that must be met by ………
  • Set standards of training, qualifications and experience of officials undertaking responsibilities on behalf of ……… pertaining to the management, control and operation of buildings, facilities, installed equipment and systems provided by NDPW to ……… for the pursuing of its statutory mandate and to govern the standard of use and operation thereof which will have to remain within relevant legislated procedure and criteria.
  • Determine which of the specialised facilities, installed equipment and systems provided by NDPW (such as sewage effluent purification works and steam generating boilers, or any other equipment) will be operated by ……… personnel or appointed contractors under the control of NDPW.
  • To agree on key milestones to be met by both ……… and NDPW.

2.ROLES AND RESPONSIBILITIES

The general roles and responsibilities for each of the two Departments are set out below:

2.1Roles and Responsibilities of ………

Capital, Maintenance and Leasing

……… shall:

2.1.1Involve NDPW in its strategic planning for infrastructure.

2.1.2Compile user Asset Management Plans as required by the PFMA assisted by inputs from NDPW, with regard to accommodation requirements and utilisation, in accordance with the approved asset management framework guideline document.

2.1.3Prioritise Capital and Maintenance Works by means of an annual Building Programme, in consultation with NDPW, aligned to the agreed Asset Management Plan.

2.1.4Develop needs assessment for Capital Works, Maintenance Works and Leasing (certified by its Accounting Officer) with the advice of NDPW aligned to the following planning schedule:

  • Submission of needs for Capital projects and major refurbishments – 2 (two) years in advance after the site has been cleared for development.
  • Submission for Planned Maintenance projects – 1 (one) year in advance of execution.
  • Submission of Leasing needs – 1 (one) year in advance of signing lease agreement.
  • Prioritisation of projects for implementation submitted between April and June in the preceding financial year.

2.1.5Budget for Capital Works, including cost of any private sector, professional services, which might be necessary for the implementation of the projects.

2.1.6Compile an annual Building Programme that will specify exactly which Capital Works, Planned Maintenance and Leasing projects have to be implemented within the financial year and submit to the Accounting Officer of NDPW or his/her delegate according to the following timeframes in the preceding financial year:

  • Capital Projects- April to June
  • Maintenance Works- April to June
  • Leasing- September

2.1.7Finalise the budget with Treasury for the execution of projects in the Building Programme and Treasury and/or ………, shall make those funds available to NDPW:

  • ………. will prioritise according to ……… accommodation needs, space norms and cost limits.
  • The Accounting Officer of ………. or someone delegated by him/her in writing, must sign off the Building Programme and any necessary changes thereto in consultation with NDPW.

2.1.8Send representatives to meetings (including site meetings), particularly when specifically requested in writing by NDPW.

2.1.9Report, in writing to the Accounting Officer of NDPW or his/her delegate, defects that may require maintenance or repair work.

2.1.10Budget for all major maintenance activities.

2.1.11Carry-out routine day-to-day maintenance of under R5 000,00 as per the attached Annexure A.

……… shall carry-out routine day-to-day maintenance referred to herein subject to:

(i)the relevant maintenance is carried out in accordance with the standards set by NDPW by way of standard specifications, the National Building Regulations (SABS 0400), Fire Regulations of the relevant local authorities and the Occupational Health and Safety Act, 1993 (Act 85 of 1993) (hereinafter referred to as “OHSA, 1993”) and its Regulations and Incorporated Standards; and,

(ii)the relevant maintenance be supported by appropriate quality control measures.

2.1.12Approve and fund or reject variation orders within 5 (five) working days of submission to ……… in writing. In the absence of such approval or rejection, NDPW will be authorised to make such decision on behalf of ………

2.1.13Effect all necessary liaison and agreements with local communities, prior to submission of its needs to NDPW.

2.1.14Approve the recommended development proposals within 14 (fourteen) calendar days from it being officially presented to ……… Failing which NDPW will be authorised to make the decision on behalf of ………

2.1.15……… shall be present for first and final delivery/ practical completion, completion and final approval of all projects executed on ……… behalf.

2.1.16Budget and prioritise leased accommodation, according to the MTEF cycle, in consultation with NDPW.

2.1.17Comply to tenant contractual obligations as per office leases, land leases and lease agreements for official quarters.

2.1.18Timeously inform NDPW, in writing, of the intention to vacate State accommodation or termination of lease agreements. This notice must be accompanied by its certified needs assessment:

  • State-owned: 6 (six) months.
  • Leased: 3 (three) months prior to the notice period stipulated in the termination clause of the contract.

2.1.19……… are not to negotiate directly with the landlord with regard to alterations to leased buildings or any contractor or consultant for capital and maintenance projects.

2.1.20Z59 claim will be instituted should ……… pre-maturely vacate leased buildings or deliberately or negligently cause damage to property or occupy area space in the lease buildings in excess of that leased.

2.1.21Manage and control the usage of services and resources (mainly water, electrical power and fuel pertaining to the operation of the facilities and embedded systems of such facilities required for the operation of ……… in the facilities) in such a way that optimal usage is ensured, wastage is prevented and that the impact of the related operations on the environment is kept to within the limits set in relevant legislation and in line with the requirements of the PFMA.

Miscellaneous

2.1.22……… will be responsible for cleaning and gardening services in facilities accommodated by ……… unless such services are specifically stipulated in the lease agreement to be the responsibility of a lessor to a leased building.

2.1.23As determined by Section 16 of the OHSA, 1993 the Accounting Officer of ……… bears the responsibility for the compliance by ……… with the provisions of that Act and its Regulations and Incorporated Standards, SABS 0400, or any other such acts in the executing of the processes, operations work and occupancy of the facilities provided by NDPW associated with the functions of ………

2.1.24In view of what has been stated in 2.1.22 above, ……… is obliged to ensure inter alia that:

(a)Health and Safety Committees are established per workplace and function as determined by the relevant legislation;

(b)First aid officials are appointed, trained and equipped;

(c)Fire safety officers are appointed and trained;

(d)Emergency evacuation plans are developed and approved by the Department of Labour and subsequently be exercised as may be required for it to be effective;

(e)That the facilities, sites and buildings are only used in accordance with the approved usages and applicable zoning;

(f)Storage of fuel and chemicals as well as laboratory operations only be undertaken in suitably designed, constructed and equipped areas;

(g)Occupational injuries and/or diseases attributable to the facilities not meeting legislated requirements, in addition to being reported to the Department of Labour, also simultaneously be reported to NDPW;

(h)Ensure that all officials undertaking responsibilities on behalf of ……… pertaining to the management, control and operation of buildings, facilities, installed equipment and systems provided by NDPW comply with the standards of training, qualifications and experience and that such officials follow the procedure set in the OHSA, 1993 and its Regulations and Incorporated Standards, SABS 0400, or any other such acts. and ensure that the relevant requirements of that Act and the relevant regulations as well as Chapter 3 Part 4 of the National Water Act, 1998, the Environmental Conservation Act, NEMA and such other relevant legislation which regulate the activities and operations referred to, are complied with during such management, control and operation of buildings, facilities, installed equipment and systems;

(i)Should at any point in time, it be detected that facilities, installed equipment and systems are, or has become non-compliant with the water conservation, pollution and environmental conservation and management legislation which may be or become current at that time ………, to provide resources, mainly finances, to NDPW to remedy such non-compliant conditions.

2.1.25……… shall indicate the need for which of the specialised facilities, installed equipment and systems provided by NDPW (such as sewage effluent purification works and steam generating boilers, and other such equipment) are to be operated by ……… personnel or appointed contractors under the control of NDPW.

2.2Roles and Responsibilities of NDPW

Submit inputs to ……… for inclusion in Asset Management Plan as required by the PFMA in accordance with the approved asset management framework guideline document, with regard to accommodation requirements and utilisation.

Capital and Maintenance

NDPW shall:

2.2.1Identify and undertake suitability and feasibility studies pertaining to availability of services, structural and topographical suitability and the legal clearance and acquisitions of sites before the commencement of any development.

2.2.2Provide ……… with technical advice and support to inform the needs assessment carried out by ………

2.2.3Provide ……… with technical advice to inform the prioritisation of works by ………

2.2.4Undertake investment analysis studies to select best options for new needs.

2.2.5Provide ……… with cost estimates of works, inclusive of life cycle costing as requested.

2.2.6Execute the work in terms of the properly authorised building programme priority list of ……… and/or any authorised changes in the priority list.

2.2.7Procure professional and building related contract services, in terms of prevailing NDPW procurement regulations, with regard to BEE appointments, contract adjudication, and any other relevant regulations, which has been drawn up to give effect to enabling legislation and strategies outlined in the:

(a)Public Finance Management Act, 1999 (Act 1 of 1999) (as amended).

(b)Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000).

(c)Preferential Procurement Regulations, 2001.

(d)Regulations in terms of the Public Finance Management Act, 1999: Framework for Supply Chain Management.

(e)Transformation framework.

(f)Strategy on Black Empowerment.

(g)Balanced Scorecard for Broad-Based Black Economic Empowerment as per the Broad Based Black Economic Empowerment Bill, 2003.

(h)Construction Industry Development Board (CIDB) Act 2000 (Act 38 of 2000) and its Regulations.

2.2.8Manage all projects from inception to completion including pre-design, design development, documentation, execution and defects liability period.

2.2.9Implement its policy for termination/cancellation (Annexure D), as part of this agreement for projects awarded by NDPW under delegations from the Tender Committee.

2.2.10Submit a monthly progress reports to the Accounting Officer of ……… or his/her delegate on or before the twentieth (20th) of each month for the previous month, with the provision of cash flow forecasts per project for the remainder of the financial year for each project.

2.2.11Certify payment of certificates.

2.2.12Prepare and certify first and final delivery, practical completion, completion and final completion certificates in accordance with the terms and conditions of the contract.

2.2.13Be responsible for the execution of works in terms of the specification, through the contractors, including dealing with defects during the defect liability periods. NDPW undertakes to make good any unapproved deviations from approved specifications.

2.2.14Provide ……… with minimum maintenance standards for infrastructure and with schedules for the required planned routine and preventative maintenance.

2.2.15Advise ……… on the budgetary requirements for planned maintenance in ……… facilities.

2.2.16Recommend variation orders to ……… in terms of the contract, for approval prior to any work being done, and inform ……… of extension of contract period and any financial implications.

2.2.17Appoint construction consultants through the approved consultant procurement system once an official request from ……… is received and the subsequent procurement instruction is issued to an executing unit within NDPW. The appointment follows the following timelines (depending on the category of site clearance and inclusive of processing of norm document and investment analysis):

  • If existing site clearance certificate is available: 8 (eight) –10 (ten) weeks
  • Extension of existing facilities if no certificate is available: 10 (ten) – 14 (fourteen) weeks
  • Clearance of existing state owned sites: 16 (sixteen) – 24 (twenty-four) weeks (should a change of land use be necessary).
  • Acquisition and clearance of a private site: 40 (forty) weeks.
  • Acquisition and clearance if township establishment is required: 54 (fifty-four) weeks.

2.2.18Submit recommendations for appointment of contractors to the Standing Tender Committee within 8 (eight) weeks of tender closing dates.

Leasing

NDPW shall:

2.2.19Procure suitable leased accommodation within 12 (twelve) to 16 (sixteen) weeks depending on the availability of suitable facilities available for rent and occupation in the area indicated by ………

2.2.20Negotiate tenant installation to be completed within 8 (eight) to 10 (ten) weeks dependant on extent of requirements.

2.2.21Monitor the lease agreements to ensure that operational efficiency of buildings is maintained and landlords comply to terms and conditions agreed upon.

2.2.22Take appropriate actions against the landlord should the landlord not be complying with the terms and conditions of the lease agreement.

Other Maintenance Requirements

2.2.23NDPW shall provide the measures and support required by ……… to be able to manage and control the usage of services and resources (mainly water, electrical power and fuel pertaining to the operation of the facilities and embedded systems of such facilities required for the operation of ……… in the facilities) and to point out to ……… where it is observed that these services and resources are not used in such a way that optimal usage is ensured, wastage is not prevented and that the impact of the related operations on the environment is not kept to within the limits set in relevant legislation and in line with the requirements of the PFMA.

2.2.24As determined by Section 16 of the OHSA, 1993 the Accounting Officer of NDPW bears the responsibility for the compliance of the buildings, facilities, installed equipment and installations to the requirements set by the OHSA, 1993 and its Regulations and Incorporated Standards, SABS 0400, and any other such acts in providing for the executing of the processes, operations work and occupancy of the facilities to be used by ………

2.2.25NDPW shall undertake that specialised facilities, installed equipment and systems provided by NDPW (such as sewage effluent purification works and steam generating boilers and any other such equipment) be operated by ……… personnel or appointed contractors under, the control of NDPW, as agreed with ……… in terms of 2.1.25 above in such manner that the relevant requirements of the OHSA, 1993, its regulations and other relevant legislation are complied with during such operation of facilities, installed equipment and systems.

3.INSTITUTIONAL ARRANGEMENTS

Bilateral meetings shall be held monthly, unless otherwise agreed to between the two Departments, to ensure smooth communication between the ……… and NDPW. The Accounting Officers of both Departments commit themselves to attending meetings, or send delegates to the meetings who have authority to make decisions. The meetings shall entail discussions of, inter alia, the following:

3.1The Asset Management Plan, building programme, leasing needs and possible vacation of premises for the following financial year.

3.2Prioritisation of projects on sound technical grounds and legislated requirements and standards in addition to ……… needs analysis.

3.3Needs assessments in line with the space norms and cost limits and condition surveys in line with the health and safety requirements of the OHSA, 1993 and Regulations, Environmental Legislation, and any other such acts.

3.4Progress of the projects by executing units and review of the programme, including leasing.

3.5Reconciliation of budget monitoring and management reports.

3.6Problem areas and recommended solutions which would also include the relevant operational requirements for which ……… is responsible.

3.7Review the development of specifications for buildings, as well as specifications for the operation of buildings, facilities, installed equipment installations for ……… to comply with the requirements set by the OHSA, 1993 and its Regulations and Incorporated Standards. NDPW should provide proposed general or detailed specifications, which may be required for the purpose, including specifications for the maintenance as intended by the prescriptions contained in Annexure A.

4.FINANCIAL MATTERS

4.1The Accounting Officer of NDPW will be held responsible, in terms of PFMA, for all payments made for building/engineering projects on behalf of ……… on the basis of certificates signed by, or on behalf of, the Accounting Officer of NDPW, irrespective of whether the budget is with ……… or NDPW.

4.2All payments to contractors and consultants are to be made within the timeframes stipulated in the contract between the parties.

4.3The following standards shall apply to all payments to be made by ………to NDPW.

4.3.1……… must pay within fourteen (14) days after receiving a properly certified claim from NDPW.

4.3.2……… must only pay on the basis of the expenditure document as submitted to ……… by NDPW as per the attached communiqué issued by National Treasury (Annexure D).

4.3.3……… shall provide and transfer the funds required for additional requested leases and for approved variation orders.

5.GENERAL

5.1NDPW must be involved in discussions with donors before any agreement relating to donor funding for capital works or maintenance works is reached and NDPW must make technical and legal inputs before agreements are concluded with donors.

5.2NDPW must be involved in discussions with donors before any agreement relating to donations of immovable assets is reached and NDPW must make technical and legal inputs before agreements are concluded with donors.

5.3All communication between the two Departments must be reduced to writing.

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