Agenda item

            The Director submitted for the Committee’s consideration the undernoted report:

“1  Relevant Background Information

1.1A Facility Management Agreement (FMA) is a legal agreement that the Council enter into with a community or sporting based organisation to undertake specified tasks on the park resource.  The facility still remains in Council ownership and the Council remains responsible for certain maintenance operations on the site and for setting the terms and conditions of the agreement.  Due to the success of the initial scheme, the number of FMAs grew; currently there are 18, with most of the agreements being for the management of sports pitches (See Appendix 1. Facility Management Agreements – facility breakdown).

1.2Audit, Governance and Risk Services undertook an audit in Parks and Leisure Department which examined the operation of Facility Management Agreements in Parks and Leisure 2010-11.  Audit indicated that there were shortcomings in the monitoring and management of the FMAs and a number of recommendations for improvements were made. Parks and Leisure Management have accepted these recommendations and have produced an action plan for 2011 -2012 to address the issues, outlining agreed actions, responsible officers and target dates for implementation. One of the recommendations was the submission of an evaluation report to Committee each year, including last year 2010-2011.

1.3This report sets out the current position in terms of compliance for the financial year ending March 2011 and actions taken in the first quarter of the year 2011-2012 to mitigate further risks that were identified by the audit report.

2    Key Issues

2.1Compliance - The key issues for 2010-2011 regarding compliance on FMAs were:

·            Usage returns – All the Clubs using pitches provided their usage returns for the 2010-2011 season.  Usage returns were also provided for the City of Belfast Golf Club, Alderman Tommy Patton Bowling Club, the Waterworks MUGA and Alderman Tommy Patton Bowling Club.   The Fishermen were not required to provide usage returns.

·            Financial Information - Financial reports for the previous year were supplied by all but one of the Clubs and are being reviewed by Business Support.

·            Accidents or Dangerous Occurrences – No accidents or dangerous occurrences were reported.

·            Child Protection – No child protection incidents or issues were reported concerning any FMA holder.

·            Management and maintenance – No major compliance issues were identified though the need for more rigorous monitoring has been identified.

2.2Non-Compliance – The one Club that failed to provide their financial returns and more recent usage figures has received a ‘notice of termination’.  They are currently working to meet the stipulated requirements within the dictated timeframe approved by Legal Services.  However if they fail to rectify the issue authority may be sought from Committee in September to terminate the agreement concerned.

2.3Improvements – The Audit report highlighted that there was a need to improve monitoring levels to provide increased evidence of compliance and to reduce the level of associated risks. The Occupational Development Unit have commenced a review of the Outdoor Leisure Unit to ensure that a dedicated resource is put in place to manage the key risks associated with FMAs.  An Open Space and Active Living Manager has been appointed to head the Outdoor Leisure Unit which monitors FMA’s.

2.4A program of compliance audits has been drawn up (See Appendix 2.  FMA Return Requirements). This will ensure that evidence is being collected regularly and enable arising issues to be addressed quickly and efficiently. Clubs are being asked to provide more detailed usage information, in a new format.  CommunityPark Managers are providing monthly site monitoring sheets. 

2.5Quarterly Meetings are now being held with all Clubs following a set agenda to ensure that all relevant issues are discussed and minutes taken.  To increase assurance around ‘Child Protection’ issues, all Clubs have been asked to confirm their compliance with new Child Protection Departmental guidance.   An action plan has been compiled to ensure compliance and this will be implemented as resources are made available.

2.6The relevant Clubs will be asked at their Quarterly meeting to provide copies of their insurance policies which will be checked to ensure compliance with the requirements of the terms and conditions of the relevant FMA.

2.7The Departmental Management Team recommended to Committee in the Pitches Strategy Report that the status quo regarding pitch management, maintenance and bookings remains until a review which is now underway is undertaken.  The findings and recommendations of this review will then be reported to Committee later in the year to enable Committee to consider future options for the management of FMA sites.

3    Resource Implications

2.2              Financial and Human Resources

      There are financial and human resource implications arising from the requirements to demonstrate more rigorous monitoring and management of the key risks associated with FMA.  Assistance is currently being provided in the

      management and monitoring of the FMAs by an agency member of staff.  ODU are reviewing the Unit and will make a recommendation to Committee of an appropriate structure / role for the Outdoor Leisure Unit.  The exact financial and human resource implications will then be assessed.

4    Equality and Good Relations Implications

4.1None

5    Recommendations

5.1The Committee are asked to note the issues highlighted in the report and that there will be an increased level of FMA monitoring, management and evaluation in 2011-2012.

Appendix 2: FMA Return Requirements

      All Clubs/Organisations who hold Facility Management Agreements will be expected to complete the following:

·         Usage figures on a monthly basis (City of Belfast Golf Course – quarterly basis) in the provided standard format, with all sections completed including any nil responses.  Returns should be with the Outdoor Leisure Unit on or before the 8th of the following month i.e. June’s figures should be with Outdoor Leisure by 8th July.

·         Financial Accounts on an annual basis. These should be provided to the Outdoor Leisure Unit no later than 6 months of the Club’s year end.

·         Annually clubs will be asked to confirm that they have valid insurance if not covered by Belfast City Council (with a 5% deduction in the clubs annual payment).

·         Annually clubs will be asked to confirm their compliance with the Department’s requirements on Child Protection.

      Clubs will also be expected to attend quarterly meetings with appropriate Belfast City Council representatives i.e. Community Park Managers and City Park Managers. These meetings will follow a set agenda and clubs may be asked to prepare in advance some figures e.g. numbers of refusals in the last quarter.

      Any issues of non compliance will be addressed through the appropriate channels and persistent issues may result in termination of the FMA following advice from Legal Services.”

            The Committee noted the information which had been provided.