Service Level Agreement 2024-2025 – Southampton Schools – Term Servicing

Our offer

Southampton City Council (“the City Council”), its building users and tenants all have legal responsibilities for the management and administration of property related statutory inspections, compliance testing, and servicing activities.

To assist Schools to demonstrate they are meeting their legal responsibilities the Council offer a choice of two SLA’s; a basic SLA and an enhanced SLA, the differences in service levels are given below.

The term of the current SLA’s will expire at the end on 31 March 2024. The City Council is pleased to offer Schools these services again for a 12 month period from 1st April 2024 to 31st March 2025.

The purpose of the services is to seek to ensure that the assets at each property are serviced and maintained as part of a regime that ensures compliance testing and service levels etc. meet statutory requirements, SCC’s Safe Working Procedures (SWP), Property Management Handbook, best practice and reduce School’s risk of exposure to sanctions for breaching legal, contractual and health and safety liabilities.

Schools should therefore familiarise themselves with the differences between the basic and enhanced term servicing SLAs before identifying which best meets its needs.

Key differences between the Basic and Enhanced Term Servicing SLAs

Schools are invited to opt into either the basic or enhanced Term Servicing SLA’s, the choice depending on the amount of responsibility the School wishes to retain. Basic SLA

Within this SLA schools will be responsible for arranging compliance testing, which will include procurement of appropriately qualified contractors, managing the contractors, ensure that certificates, records of inspection etc. are forwarded by the required due date to Property Division for uploading on to the corporate database – TechForge Cloud.

The school will be responsible for ensuring that any remedial requirements are promptly actioned and manage to completion and for forwarding to the Property Division for any retest etc.

To achieve the above the Responsible Person in the school must have the required range of competency and ability to manage compliance testing etc. directly or appoint other to do so.

Enhanced SLA

Schools can sign up to the enhanced Term Servicing SLA, which would include arranging and managing all statutory servicing, testing and inspecting of fixed plant & building services for a fee of approximately £550. As part of this agreement, you would also have access to our Property Division Helpdesk (02380 833211) to request day to day reactive repairs, and our repairs and maintenance team would manage these for you once these have been raised against the schools cost centre. This also entitles you access to our in-house expertise in relation to Mechanical & Electrical Engineers, Architects, Project managers, Structural Engineers and Valuations. If this is something that you would be interested in exploring further, please let us know.

Property Division will arrange for suitably qualified contactors to undertake tests, inspections etc. Property Division staff will manage and monitor the performance of such contractors. They will also ensure all test certificates, inspection certificates and the like are forwarded by the contactor and logged on TechForge Cloud. If faults are identified the school can instruct Property Division to progress the repair. SCC’s term servicing contractor will be the council’s contractor of choice. Should a repair require more complex or extensive input and the attendance of a technical officer is necessary, nominal supervision charge may be applied. It is anticipated minor repairs will be well within the competence of the contractor and will require only minimal input and direction from Property Division. We believe there are clear benefits to Schools in taking the enhanced option, the majority of all compliance testing and term servicing activity are managed within the SLA. The need for the school to procure competent contractors, have someone with relevant qualifications and technical competency will be SCC’s responsibility. This not only saves the school the burden of ensuring a compliant procurement process is undertaken but also the required level of competency is ensured.

As part of the service delivery Property Division will ensure administration of the required certificates, they are logged and managed on the database – TechForge Cloud held by the City Council on the School’s behalf. A technical or professional officer would be available to discuss any issues with the school. We believe using this approach enables the City Council to support the Schools by:

• managing compliance centrally
• Providing access to TechForge Cloud so that the Schools fully understand where they are in terms of meeting their responsibilities and obligations.
• Opting into the enhanced term servicing SLA will significantly reduce the activities that a School will be required to undertake in order comply with its Health and Safety obligations.
• Should the school so wish, they can add to this SLA testing schedule test they currently undertake, such addition may generate an additional modest charge

The respective responsibilities of the Schools and City Council under the basic term servicing service options are set out Annex A of this SLA.

Considerations when deciding whether to opt into the Term Serving SLAs

The City Council delegates to the School Governing bodies and Head Teachers (as the Responsible Person) the duty (in managing the School's budget share) to take necessary actions to comply with all health and safety legislation, City Council policies (including meeting requirement, arrangements) for managing Health and Safety and meeting the requirements of relevant Safe Working Procedures set by the City Council, including the procurement, management and administration of term servicing activities.

The enhanced and basic term servicing SLAs are structured to assist the School in adhering with their term servicing duties and enable the majority of City Council test and the necessary inspection records to be held through TechForge Cloud.

This will lead to a reduction in the number of onsite compliance audits taking place at a School.

The City Council will undertake a programme of Health and Safety audits and for those Schools who choose not to opt into either the basic or enhanced term servicing SLAs, these audits will also involve on-site audits of term servicing arrangements to verify records of test and inspections. If evidence of non-compliance is found, this may result in the City Council asking the School to address anything that does not comply with health and safety legislation from service or may request that remedial action is taken immediately.

Should there be a failure to comply the City Council will take necessary action to remedy any failure and recharge the cost of all such remedial action to the School’s budget in accordance with clause 5.15 and section 7 of the City Council’s Scheme for Financing Schools.

Where a School chooses to opt out of City Council provided SLA, it is the responsibility of the School to ensure they have suitable provisions and systems in place for the management and administration of term servicing, statutory tests and inspections and best practice obligations.

When selecting providers for such services, maintained Schools must adhere to the City Council’s Financial and Contracts Procedure Rules (as set out in chapter one of the Schools' finance manual) including following the principles of Best Value contained within the Scheme for Financing Schools. The Contracts Procedure Rules provide, amongst other things, the procurement routes that must be followed by Schools according to the value of the services or supplies being sought.

Where schools opt to take full responsibility for procuring and managing servicing and testing etc., the City Council require Schools to ‘self-certify’, on an annual basis, using the Certificate of Compliance at Annex Bof this service specification.

As part of the process to evidence a school has systems etc. in place, auditing of compliance testing etc. will be as indicated above.

In submitting this certificate a school is confirming it is meeting all the compliance testing etc. referred to previously.

The certificate to be forwarded to:

Head of Property Division
Southampton City Council
Civic Centre
Southampton

By the deadline date for SLA responses.

Changes in school status

If during the agreement period the School intends to change its legal status, to, for example, an Academy, it shall give the City Council notice in writing of such intention to change its status as soon as possible (and in any case before doing so). The service delivery can continue if the academy wish to.

Upon transfer, the SLA agreement (currently between the School and the City Council) will become a contract between the academy and City Council for the remaining service period. Documentation formalising this will be issued alongside other transfer documentation at the time of transfer.

For the avoidance of doubt, Schools will not be entitled to receive a refund if they choose not to continue to receive the services as a result of transfer to academy status (or for any other reason) during the duration of the agreement.

Customer liaison

The School Liaison Officer identified in Appendix 1 will act as the single point of contact for schools and will answer queries or concerns regarding the services provided in accordance with this SLA

Customer care

The City Council is strongly committed to providing its customers with a service of the highest quality. It operates a code of conduct for its staff and contractors which is set out in section 6

Customer satisfaction

In order to ensure that a good service is being provided it is important that shortfalls and incidents that are below reasonable standards are reported and investigated. Schools are asked to contact the designated School Liaison Officer where an incidence of poor performance requires immediate attention or wish to discuss other aspects of service delivery.

Operational

Term servicing compliance administration will be provided using TechForge Cloud.

TechForge Cloud is a database, and all appropriate compliance certificates will be uploaded into this. The school will be given read only access to the database to enable them to check and audit their compliance.

Financial

Budget management and control will remain the obligation of the School and all services will be procured and managed by the School.

Property Division wish to offer to join with schools in assessing their property related needs and issues. Towards this end, Asset Management Meetings should be carried out by the school.

Contractor ocmpliance

If a school chooses to take full responsibility for its term servicing etc., it is the school who is responsible to ensure the procurement and management of the compliance programme meets the required standards.

It is the responsibility of the school to ensure that all delivery contractors are procured in line with the icty
council’s Contract Procedure Rules, Safe Working Procedures and other legislative requirements.

Training

Appropriate training to enable Schools to complete elements of compliance which are their responsibility (illustrated in the Compliance Matrix), either on site or centrally, will be offered at an additional charge as set out in the Return Form entry for your school.

Any or all of these tests can be brought within the SLA delivery, however it is thought that most would be more economically delivered by the school.

School managed process

This service provides for administration (using TechForge Cloud), of the data provided to the City Council by
the School to evidence that the School has met its responsibilities in the completion of the annual programme
of servicing, testing and inspection to comply with the City Council’s policy, statutory requirement and best
practice requirements as set out in the City Council’s SWP Property Management Handbook (Version 5 -
August 2012).

This SLA does not include budget setting or management, the procurement or management of delivery
contractors, other reactive or planned maintenance activities and repairs or services, works or other activities
required to secure compliance with a Schools wider health and safety responsibilities and obligations, all of
which are the responsibility of the School.

The school should identify, prior to April 2024, a programme of inspections required by legislation or local
policy. The school must provide the City Council with all current inspection and testing certificates by the end
of April 2024 for uploading to TechForge Cloud.

Responsibility for operation of the Servicing, Inspections and Testing programme is as detailed below 

• The school will procure the appropriate contractors to deliver the annual programme.
• Using the TechForge Cloud maintained database, the school will identify the annual programme and
  notify the relevant delivery contractors, in advance of planned inspection and test dates that
  discharge that programme.
• The school will arrange for the notification of completion and provision of the appropriate certification
  or completion evidence to be forwarded to the City Council to enable TechForge Cloud to be
  maintained.
• The City Council will record the completion of each inspection on TechForge Cloud, conduct a
  quality check and upload the certificate or completion record.
• The City Council will use TechForge Cloud to administrator compliance with the programme of
  inspections as follows:
  • Once TechForge Cloud is aware that a test / inspection is beyond the due date, the system will
    flag ‘Red – Overdue’ for the relevant test/inspection.
  • The status will change to ‘Amber – Certificate required’ upon verbal / text / email notification that
    the test has been completed.
  • This flag will be upgraded to ‘Green – Compliant’ upon receipt of an unconditional certificate from
    the School / delivery contractor.
  • If a certificate is received from the School / contractor which identifies that outstanding remedial
    action is required (or the advice from the school / contractor records this), then the flag will show
    ‘Amber – Outstanding Remedial Action’ until evidence that the remedial works has been
    completed is uploaded to TechForge Cloud.
  • The City Council will update TechForge Cloud with details of the remedial works required and
    expected date of rectification based on information provided by the School.
  • Once a certificate is produced declaring that the remedial works have been completed, the City
    Council will upload this to TechForge Cloud and the flag will show as ‘Green – Compliant’
  • The school will monitor delivery contractors’ service provision as appropriate and manage any
    incidence of noncompliance.

Prime considerations

Upon identification of a remedial action there are three prime considerations for the school:

• Health and safety
• Compliance with statutory or best practice codes of behaviour
• Cost of remedial work

If remedial works are identified as ‘in need of urgent repair’ during test or inspection the equipment should be
made safe / isolated immediately. Dependant on the nature of the remedial action (i.e. requiring action
immediately or at the completion of the visit) the details, required action and plan of works should be
communicated by the contractor to the building manager. Where the remedial works are of a nature that they
can be completed during the same visit, this should be undertaken.

If the repair cannot be dealt with during the test / inspection visit it shall be the responsibility of the school to
inform the City Council of the existence of remedial works and arrange for remedial works to be carried out. If
the remedial work concerns unsafe equipment, the equipment should be isolated and arrangements made to
address the faults urgently. Under no circumstances should the site be left in an unsafe condition by the
contractor or without notifying the City Council of remedial works.

The inspection shall show on TechForge Cloud as non-compliant until compliance certificates are received by
the City Council.

Once the School has arranged for remedial actions have been completed, the equipment should be re-tested
and the School should forward the certificate to the City Council for uploading to TechForge Cloud

Annual management fee

The annual management fee for the SLA for each school will be as set out in the Return Sheet and shall
include the administrative services as identified in this SLA (with the exception of para 2.7).

Charges exclude the delivery contractors’ / provider’s service provisions, such charges being the direct
responsibility of the school.

Charges for the training service described at 2.7 are listed in the Return Form entry for your school.

Payable date

The Annual Management fee will be payable in the first service delivery month.

Charges for training under para 2.7 will be payable monthly in arrears.