Agenda Item 7(a)(ii) Internal Audit Report Contract Management Report ref: C4/2 Report Issued Draft: Final: 17/12/13 (revised) 20/12/13 Significant Level of Assurance Contents Auditor: Laura Daffern Background page 2 Scope page 3 Audit Opinion page 4 Detailed Findings & Action Plan page 6 Distribution: Name Paul Shevlin Joanna Miller Claire Hudson Carol Lee Hazel Smith Job Title Chief Executive Corporate Head (Financial Management & S151 Officer) Value for Money & Improvement Manager Procurement, Payments & Risk Manager Asset & Project Manager d:\81914655.doc Page 1 of 7 1 Background 1.1 The audit was undertaken as part of the agreed 2013/14 Audit Plan under the contract audit programme, and conducted under the general principles of the CIPFA Contract Audit Toolkit document. The objective of the audit was to ascertain service contract management arrangements at Craven District Council once a contract for an outsourced service has been let. Managing a service contract effectively is key to ensuring that contract objectives are met and value for money achieved. The major service contracts in place at Craven District Council are Grounds Maintenance and the Responsive Repairs and Maintenance Framework Agreement, both of which were let in 2012/13 (total contract values of £700k (5 years) and £222k (2 years) respectively). The contract management for both of these contracts was reviewed in detail for the audit. 1.2 The main risks faced by an organisation when letting large service contracts are: Poor contract performance Contract objectives not met Negative PR issues Poor value for money Ineffective working relationship with the contractor Poor contractual documentation to measure contract performance Overspending 1.3 The Key Control Objectives (KCO’s) are as follows: The service contract document should include robust governance arrangements for contract monitoring There are clear departmental officer roles and responsibilities for monitoring the contract Performance on service delivery is monitored and reported on a regular basis Declining contractor performance is identified at an early stage and dealt with properly in line with contractual requirements The financial position of the contract is monitored to help identify overspends 1.4 Internal Audit (IA) is an assurance function that provides an independent and objective opinion to the Council on the control environment by evaluating its effectiveness in achieving the Council’s objectives. IA objectively examines, evaluates and reports on the adequacy of the control environment as a contribution to the proper, economic, efficient and effective use of resources. d:\81914655.doc Page 2 of 7 2 Audit Scope 2.1 The following testing was undertaken: KCO The service contract document should include robust governance arrangements for contract monitoring There are clear departmental officer roles and responsibilities for monitoring the contract Performance on service delivery is monitored and reported on a regular basis Declining contractor performance is identified at an early stage and dealt with properly in line with contractual requirements The financial position of the contract is monitored to help identify overspends Test Review of contractual documentation outlining contract management measures Meetings with officers in the Property management section Review of recent contract monitoring meeting minutes, performance monitoring information, records to verify that service being provided by the contractor Review of corporate risk register, evidence of dealing with declining service performance (if applicable) Review of budget monitoring for the contract to ascertain current position against the budget, sample of recent invoices paid to the contractor Sample size 2 largest service contracts in place for the Council, selected from the contracts register: Grounds Maintenance contract Repairs & Maintenance framework agreement d:\81914655.doc Page 3 of 7 3 Audit Opinion 3.1 A summary of IA’s opinion levels and their definitions is provided below: Level Definition Significant Level of Assurance Good Level of Assurance Partial Level of Assurance No Level of Assurance The system of internal control is designed to support the Council’s corporate and service objectives and controls are consistently applied in all the areas reviewed. There is generally a sound system of control designed to support the Council’s corporate and service objectives. However, some improvements to the design or application of controls is required. Weaknesses are identified in the design or inconsistent application of controls which put the achievement of some of the Council’s corporate and service objectives at risk in the areas reviewed. There are weaknesses in control, or consistent non-compliance which places corporate and service objectives at risk in the areas reviewed. 3.2 This audit has been given a Significant Level of Assurance. The procurement of the Grounds Maintenance and Repairs and Maintenance Framework agreement was reviewed previously by IA (Compliance with Contract Procedures report C3/2) where a Significant level of assurance was also given. The high levels of assurance awarded to both the procurement and day to day management of these contracts shows that departmental staff are committed to ensuring that service objectives are met and value for money is achieved for the Council. The recommendations made relate to the Repairs and Maintenance Framework agreement; for administration and payment issues rather than performance. 3.3 All 5 KCOs were found to be in place and met where appropriate from the samples and documentation examined. Key points from the Grounds Maintenance contract are: The performance of the contract is measured closely to an agreed number of grass cuts and other maintenance that were set out in the tender specification. An agreed sum is paid for the work, however where performance was not achieved in 2012 the Council was able to negotiate additional tree works to ensure value for money. Regular budget monitoring is reported by Financial Services, and is split between different cost centre areas for more detailed expenditure monitoring. d:\81914655.doc Page 4 of 7 The contract conditions are detailed and have proved to be a key success in managing the poor performance of 2012. This was the first year of operation for the contract, where a new contractor was providing the service. Initially there were performance issues in particular regarding the frequency and quality of grass cutting, and the management of operational staff by the contractor. The Property and Asset Management team have continuously monitored performance by the contractor, and handled customer complaints effectively. As a result the contractor made a staff management change, and since that point performance has significantly improved. Key points from the Repairs and Maintenance Framework agreement are: The contract is effectively managed by checking individual job performance at a basic level, and careful monitoring by management of expenditure against approved site budgets The contract conditions are adequate for the type of contract, officer roles and responsibilities are clear, and there is adequate resource to apply to the operation of the contract Adequate controls are in place to effectively record jobs undertaken in order to approve contractor invoices. d:\81914655.doc Page 5 of 7 4 Detailed Findings & Action Plan The audit findings are detailed in this section on an exception basis only for the attention of management, therefore contracts from the sample with adequate controls are not included. Recommendations are prioritised as follows; Priority 1- relating to significant gaps in the Internal Control Framework Priority 2- relating to minor gaps in the Internal Control Framework or significant issues of non-compliance with key controls Priority 3- relating to minor issues of non-compliance with controls. Ref Findings 1 Repairs & Maintenance Framework agreement: The repairs log is a spreadsheet maintained to record jobs identified for repair, with a separate tab for completed jobs. The key control provided by the spreadsheet is the record that a job has been completed, so that when the invoice is received from the contractor completion can be easily verified and the invoice passed for payment. This control has been tested in the audit and found to be in place from the sample examined. However the spreadsheet has not been fully completed to include the date scheduled, date of repair, order number, contractor name etc and is therefore not a full record. Risk Recommendations and Management Response Officer Responsible and Implementation Date Independent member of staff not easily able to pick up and manage the work load, ineffective monitoring record Priority 3 Asset & Project Manager The format of the repairs log should be revised so that only essential June 2014 information for the management of the repairs and maintenance contract is required to be input. The log should therein be fully completed. d:\81914655.doc Page 6 of 7 Ref Findings Repairs & Maintenance Framework agreement: The testing of invoices identified a supplier quoting an incorrect VAT number (supplier ref 17485). The VAT number stated for the supplier is 114 513 51. 2 The Council has paid the supplier from December 2012 (framework agreement commenced November 2012) and has therefore reclaimed input tax on all invoices from this date to 18/11/13. 34 invoices have been paid, with a net value of £9.4k, and a VAT element of £1.9k. Risk Recommendations and Management Response Officer Responsible and Implementation Date Penalty from HMRC for claiming VAT on an invalid invoice, repayment of total VAT claimed, other unidentified invalid VAT invoices processed Priority 2 Corporate Head (Financial Management & S151 Officer) The VAT numbers for new suppliers set up between November 2011 and September 2013 should be verified on the HMRC website. June 2014 Financial Services notified HMRC of the VAT input tax claiming error during the audit. There was a procedure in place in Financial Services to check the VAT number on a new supplier invoice, however since the upgrade of Agresso in November 2011 until the new supplier form was amended in September 2013 to include the VAT number, it cannot be guaranteed that the VAT numbers of all new suppliers were correct. Any queries or requests for further information regarding this report should be directed to Internal Audit on 01423 556112. Internal Audit would like to thank the officers involved for their assistance during this audit. d:\81914655.doc Page 7 of 7
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