maribyrnong - lease · 2019. 3. 26. · 1 . date: . lease . premises: part 107 – 109 churchill...
TRANSCRIPT
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Date:
Lease
Premises: Part 107 – 109 Churchill Avenue, Braybrook 3019 MARIBYRNONG CITY COUNCIL And the Tenant
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Table of Contents
SCHEDULE ................................................................................................................ 6
RECITALS .................................................................................................................. 7
1. DEFINITIONS ...................................................................................................... 7
2. INTERPRETATION ............................................................................................. 9
2.1 Governing Law and Jurisdiction ............................................................. 9
2.2 Persons ..................................................................................................... 9
2.3 Joint and Several ...................................................................................... 9
2.4 Legislation .............................................................................................. 10
2.5 Clauses and Headings ........................................................................... 10
2.6 Severance ............................................................................................... 10
2.7 Singular/Plural/Gender ........................................................................... 10
2.8 Excluded Statutory Provisions.............................................................. 10
3. DEMISE AND RENTAL .................................................................................... 10
4. DURATION OF THE LEASE ............................................................................ 11
4.1 Term ......................................................................................................... 11
4.2 Overholding ............................................................................................ 11
5. PAYMENT OF RENT ........................................................................................ 11
6. OUTGOINGS .................................................................................................... 11
6.1 Rates and Taxes ..................................................................................... 11
6.2 Proportion of Rates and Taxes.............................................................. 11
6.3 Receipt for Payment ............................................................................... 11
7. OTHER EXPENSES.......................................................................................... 12
7.1 Services ................................................................................................... 12
7.2 Costs ....................................................................................................... 12
8. GST ................................................................................................................... 12
8.1 Definitions ............................................................................................... 12
8.2 GST Exclusive......................................................................................... 12
8.3 Increase in Consideration ...................................................................... 12
8.4 Payment of GST ...................................................................................... 12
8.5 Reimbursements .................................................................................... 13
8.6 Tax Invoice .............................................................................................. 13
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8.7 Adjustments & Adjustment Notes ......................................................... 13
9. PAYMENT REQUIREMENTS ........................................................................... 13
9.1 No Deduction or Right of Set-off ........................................................... 13
9.2 Interest on Late Payments ..................................................................... 13
9.3 Payment after Termination .................................................................... 13
9.4 Method of payment ................................................................................. 13
10. MAINTENANCE, REPAIRS, REFURBISHMENT AND ALTERATIONS .......... 14
10.1 Maintenance and Repairs ...................................................................... 14
10.2 Alterations to Premises ......................................................................... 14
10.3 Not Interfere with Services .................................................................... 15
10.4 Defacing Premises ................................................................................. 15
10.5 Failure to Maintain and Repair .............................................................. 15
11. INSURANCE ..................................................................................................... 15
11.1 Public Liability ........................................................................................ 15
11.2 Cross-liability Clause ............................................................................. 15
11.3 Tenant's Property ................................................................................... 15
11.4 Payment and Production of Policies .................................................... 16
11.5 Not Invalidate Policies ........................................................................... 16
11.6 Requirements by Insurer ....................................................................... 16
12. REPORTING REQUIREMENTS ....................................................................... 16
13. RELEASE, INDEMNITY, COMPENSATION AND LIABILITY .......................... 17
13.1 Release .................................................................................................... 17
13.2 Indemnity ................................................................................................ 17
13.3 No Compensation ................................................................................... 17
13.4 No Liability .............................................................................................. 17
14. PERMITTED USE AND HOURS ....................................................................... 18
14.1 Permitted Use ......................................................................................... 18
14.2 No Warranty ............................................................................................ 18
14.3 Illegal Purpose ........................................................................................ 18
14.4 Premises Unoccupied ............................................................................ 18
14.5 Operating Hours ..................................................................................... 18
14.6 The Tenant warrants that: ...................................................................... 18
14.7 Community Use ...................................................................................... 18
14.8 Community Benefit ................................................................................. 19
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15. OTHER OBLIGATIONS CONCERNING THE PREMISES ............................... 19
15.1 Compliance with Laws ........................................................................... 19
15.2 Licences and Permits ............................................................................. 19
15.3 Liquor Licence and Gaming Licence .................................................... 19
15.4 Nuisance ................................................................................................. 19
15.5 Security ................................................................................................... 19
15.6 Signs ........................................................................................................ 20
15.7 No Smoking............................................................................................. 20
15.8 Heavy Objects and Inflammable Substances ...................................... 20
15.9 Endanger Premises ................................................................................ 20
15.10 Tenant's Employees .......................................................................... 21
15.11 Incorporation ..................................................................................... 21
15.12 Rectifying Pollution or Contamination ............................................ 21
15.13 Occupational Health & Safety .......................................................... 21
16. DEALING WITH INTEREST IN THE PREMISES ............................................. 21
16.1 No Parting with Possession .................................................................. 21
16.2 Conditions of Assignment ..................................................................... 21
16.3 No Assignment if Act to Apply .............................................................. 22
16.4 Right of First Refusal ............................................................................. 22
16.5 Mortgage of Lease .................................................................................. 22
17. TENANT'S OBLIGATIONS AT THE END OF THIS LEASE ............................ 22
17.1 Tenant's Obligations .............................................................................. 22
17.2 Tenant's Property Left in Premises....................................................... 23
18. COUNCIL'S RIGHTS AND OBLIGATIONS ...................................................... 23
18.1 Quiet Enjoyment ..................................................................................... 23
18.2 Alterations to the Premises ................................................................... 23
18.3 Dealing with the Land ............................................................................ 23
18.4 Entry by Council ..................................................................................... 24
18.5 Emergency Entry .................................................................................... 24
18.6 Council's Consent .................................................................................. 24
19. RELOCATION ................................................................................................... 24
19.1 Relocation ............................................................................................... 24
19.2 Terms of New Lease on the Land .......................................................... 25
19.3 Surrender of Lease and New Lease ...................................................... 25
19.4 Limit on Relocation ................................................................................ 25
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19.5 Relocation Period ................................................................................... 25
19.6 Compulsory Acquisition ........................................................................ 25
20. TERMINATION OF LEASE ............................................................................... 26
20.1 Re-entry ................................................................................................... 26
20.2 Damages following Determination ........................................................ 26
20.3 Termination By Agreement .................................................................... 26
20.4 Essential Terms ...................................................................................... 27
20.5 No Deemed Termination ........................................................................ 27
21. DESTRUCTION OR DAMAGE OF PREMISES ................................................ 27
21.1 Reduction in Rent ................................................................................... 27
21.2 Reinstatement of Premises ................................................................... 27
21.3 Tenant's Right of Termination ............................................................... 27
21.4 Dispute Resolution ................................................................................. 28
23.5 No Compensation ................................................................................... 28
22. GENERAL ......................................................................................................... 28
22.1 Notices .................................................................................................... 28
22.2 Time of Service ....................................................................................... 28
22.3 Entire Understanding ............................................................................. 28
22.4 Waiver ...................................................................................................... 29
22.5 Special Conditions ................................................................................. 29
23. DISPUTE RESOLUTION .................................................................................. 29
23.1 Dispute .................................................................................................... 29
23.2 Mediation ................................................................................................. 29
LEASE EXECUTION PAGE ..................................................................................... 30
ANNEXURE A .......................................................................................................... 31
ANNEXURE B .......................................................................................................... 35
ANNEXURE C .......................................................................................................... 36
ANNEXURE D .......................................................................................................... 48
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SCHEDULE
Item 1. Council:
MARIBYRNONG CITY COUNCIL of Council Offices, Corner Hyde and Napier Streets, Footscray, 3011 ABN: 86 517 839 961
Item 2. Tenant:
of ABN:
Item 3. Land:
The land contained in part of Certificates of Title Volume 8811 Folio 218
Item 4. Premises:
Part 107-109 Churchill Avenue, Braybrook 3019 and shown shaded on the plan attached as Annexure B (as shaded in yellow and green)
Item 5. Commencement Date:
Item 6. Term:
Five (5) years, starting on the Commencement Date.
Item 7. Rent :
$ per annum plus GST.
Item 8. How the Rent is to be paid:
Monthly in advance for the Term of the Lease.
Item 9. Outgoings Outgoings are payable by Tenant as specified in clauses 6 and 7.
Item 10. Permitted Use:
Four (4) year old Kindergarten and any other early years’ service or community activities approved in writing by Council and in accordance with the Service Agreement and any applicable planning permit.
Item 11. Permitted Hours of Operation: 7am to 7pm Monday to Friday
Item 12. Rent Increases: Fixed 3% increase per annum.
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THIS LEASE is made the date specified in the Schedule. B E T W E E N : The Council and The Tenant
RECITALS
Council acknowledges and supports the important contribution made by community based early years services in the provision of high quality early childhood education and care in promoting health and well-being outcomes for all young children and their families in the City of Maribyrnong. Council’s commitments are detailed in the Maribyrnong Municipal Early Years Plan (MEYP).
Council is committed to sustainable management of community assets and maximising the community benefit arising from its property use, in accordance with Council’s Lease and License Policy. In kind support, including subsidised rent is recognised and transparently applied in light of the demonstrated community benefit to be achieved.
Through development of this lease, the opportunity to strengthen a partnership approach with service providers has been identified. Working in partnership, Council and the Tenant will:
• enhance collaborative endeavours and joint municipal early years' service planning;
• support services in providing quality early years services;
• support services in meeting responsibilities under Local, Victorian and National policy agendas; and
• maximise use of community facilities and plan for flexible service responses to meet emerging community needs.
1. DEFINITIONS
In this Lease unless expressed or implied to the contrary:
Act means the Retail Leases Act 2003 (Vic).
Adjustment has the same meaning given to that term in the GST Act.
Adjustment Note has the same meaning given to that term in the GST Act.
Clause means a clause in the Lease.
Commencement Date means the date specified in Item 5
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Consideration means consideration payable under this Lease in return for a Taxable Supply, but does not include any amount on account of GST.
Council means the Maribyrnong City Council.
Council Policy means a policy adopted by the Council which affects the Premises.
Council Leasing Policy means the Council Leasing Policy adopted by Council as amended from time to time.
Council's Property means all fittings, fixtures, and chattels owned by the Council and contained in the Premises at the Commencement Date or installed by the Council during the Term.
Determination means the Ministerial Determination dated 24 July 2008 [for leases entered into prior to 1 January 2015, or 13 October 2014 [for leases entered into after 1 January 2015].
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (as amended).
GST has the same meaning given to that term in the GST Act.
Input Tax Credit has the same meaning given to that term in the GST Act, but also includes a reduced input tax credit under Division 70 and an adjusted input tax credit under Division 132 of the GST Act.
Item means an item in the Schedule.
Land means the land specified in Item 3
Lease Particulars means the Schedule of Items specified on the page at the front of this Lease.
Lettable Area(s) means the lettable area of the Land assessed for Rates and Taxes as determined by a surveyor engaged by the Council.
Local Government Act means the Local Government Act 1989 (Vic).
Maintenance Responsibility Schedule means the schedule of maintenance responsibilities set out in Annexure C.
OHS Act means the Occupational Health and Safety Act 2004 (Vic).
OHS Law means the OHS Act, the OHS Regulations, and any other occupational health and safety law, regulation or by-law that applies to work being carried out on the Premises.
OHS Regulations means the Occupational Health and Safety Regulations 2017 (Vic).
Permitted Hours of Operation means the permitted hours of operation specified in Item 11.
Permitted Use means the use specified in Item 10.
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Premises means the premises specified in Item 4 and includes the Council's Property.
Rates and Taxes means the rates, taxes, charges and levies specified in clause 6.1.
Recipient has the same meaning given to that term in the GST Act.
Rent means the amount specified in Item 7 as reviewed, adjusted or increased under this Lease.
Service Agreement means the service agreement attached to this Lease as Annexure D.
Special Conditions means the conditions set out in Annexure A.
Supply has the same meaning given to that term in the GST Act.
Supplier means the entity making a Supply to the Recipient.
Tax Invoice has the same meaning given to that term in the GST Act.
Taxable Supply has the same meaning given to that term in the GST Act.
Tenant means the Tenant specified in Item 2 and includes the Tenant's successors and assigns and where it is consistent with the context includes the Tenant's employees, contractors, agents, invitees and persons the Tenant allows in the Premises.
Tenant's Property means all property in the Premises including all fixtures and fittings owned or leased by the Tenant but excluding the Council's Property.
Term means the term specified in Item 6 and includes any period of over holding.
VMIA means Victorian Managed Insurance Authority.
2. INTERPRETATION
2.1 Governing Law and Jurisdiction
This Lease is governed by and is to be construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.
2.2 Persons
In this Lease, a reference to a person includes a firm, partnership, association, corporation or other corporate body.
2.3 Joint and Several
If a party consists of more than one (1) person, this Lease binds them jointly and each of them severally.
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2.4 Legislation
In this Lease, a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them.
2.5 Clauses and Headings
In this Lease:
2.5.1 a reference to a clause, schedule or annexure is a reference to a clause, schedule or annexure in or to this Lease; and
2.5.2 headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Lease.
2.6 Severance
In this Lease:
2.6.1 if a provision is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable; and
2.6.2 if it is not possible to read down a provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this Lease.
2.7 Singular/Plural/Gender
In this Lease, a reference to:
2.7.1 the singular includes the plural and vice versa; and
2.7.2 a gender includes the other genders.
2.8 Excluded Statutory Provisions
The following statutory provisions are excluded from this Lease:
2.8.1 Section 144 of the Property Law Act 1958 (Vic); and
2.8.2 Division 7 of the Transfer of Land Act 1958.
3. DEMISE AND RENTAL
The Council HEREBY LEASES to the Tenant the Premises TO BE HELD by the Tenant for the Permitted Use commencing on the Commencement Date for the Term paying the Rent in accordance with the terms and conditions of this Lease.
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4. DURATION OF THE LEASE
4.1 Term
This Lease is for the Term starting on the Commencement Date.
4.2 Overholding
If the Tenant continues in occupation of the Premises after the end of the Term, without objection by the Council:
4.2.1 the Tenant occupies the Premises subject to the same terms and conditions as contained in this Lease;
4.2.2 the Council or the Tenant may end this Lease during any period of overholding by giving thirty (30) days written notice to the other party expiring at any time; and
4.2.3 the Council may increase the monthly rent by giving the Tenant one month’s written notice.
5. PAYMENT OF RENT
The Tenant must pay the Rent to the Council in the manner specified in Item 7 without demand.
6. OUTGOINGS
6.1 Rates and Taxes
Unless it is specifically included in the Rent, the Tenant must pay to the Council or the relevant authority, the Outgoings as specified in Item 9 of the Schedule.
6.1.1 local government rates and charges;
6.1.2 water rates and charges, including water usage charges;
6.1.3 sewerage and drainage rates and charges; and
6.1.4 any other rates, taxes, charges and levies assessed that may be imposed in connection with the Premises.
6.2 Proportion of Rates and Taxes
If any Rates and Taxes are not separately assessed in connection with the Premises, the Tenant must pay to the Council within fourteen (14) days of demand the proportion of the Rates and Taxes that the area of the Premises bears to the total Lettable Area assessed.
6.3 Receipt for Payment
The Tenant must provide to the Council receipts for any Rates and Taxes paid by the Tenant within seven (7) days of request by the Council.
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7. OTHER EXPENSES
7.1 Services
The Tenant must, within fourteen (14) days of demand:
7.1.1 pay for all services in connection with the Premises, including electricity, gas, water, security, sanitary and telephone services and electronic or communication services; and
7.1.2 Where the Premises are not separately metered, pay to Council, within 14 days of request, the agreed proportion of charges for services to the site.
7.2 Costs
The Tenant must pay to the Council within twenty eight (28) days of demand the Council's reasonable costs in considering the granting of any consent or approval under this Lease (regardless of whether the Council actually gives such consent or approval).
8. GST
8.1 Definitions
In this clause:
8.1.1 words and expressions that are not defined in this Lease but which have a defined meaning in the GST Law have the same meaning as in the GST Law;
8.1.2 GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
8.2 GST Exclusive
Except as otherwise provided by this clause, all Consideration payable under this Lease in relation to any Supply is exclusive of GST.
8.3 Increase in Consideration
To the extent that any Supply under this Lease constitutes a Taxable Supply, the Consideration payable by the Recipient to the Supplier will be increased by the applicable amount of GST (GST Amount), which must be calculated by multiplying the amount upon which GST is payable by the prevailing rate of GST.
8.4 Payment of GST
Any GST Amount must be paid by the Recipient to the Supplier at the same time and in the same manner as the relevant Consideration is paid or given under this Lease, without any right of set-off or deduction (unless otherwise provided in this Lease).
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8.5 Reimbursements
If this Lease requires the Recipient to pay, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the Supplier (Relevant Expense), the amount which the Recipient must pay, reimburse or contribute will be the amount net of any Input Tax Credits to which the Supplier is entitled in respect of the Relevant Expense, together with any GST Amount if the payment, reimbursement or contribution constitutes a Taxable Supply by the Supplier to the Recipient.
8.6 Tax Invoice
The Supplier must provide to the Recipient a valid Tax Invoice at or prior to the time of payment of any GST Amount.
8.7 Adjustments & Adjustment Notes
To the extent that any Adjustment occurs in relation to a Taxable Supply, the Supplier must issue an Adjustment Note to the Recipient within seven (7) days of becoming aware of the Adjustment, and any payment necessary to give effect to such Adjustment must be made within seven (7) days after the date of receipt of the Adjustment Note.
9. PAYMENT REQUIREMENTS
9.1 No Deduction or Right of Set-off
The Tenant must pay all amounts due under this Lease to the Council (including the Rent and Rates and Taxes without deduction or right of set-off).
9.2 Interest on Late Payments
The Tenant must pay to the Council on demand interest at the rate per annum equal to the current rate fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic) on any money payable by the Tenant under this Lease and remaining unpaid after the due date. Interest will be computed from the date on which such payment became due.
9.3 Payment after Termination
The Tenant must:
9.3.1 make all payments due under this Lease; and
9.3.2 provide all information to the Council under this Lease to calculate any such payments, even if this Lease has ended.
9.4 Method of payment
The Tenant must make all payments under this Lease in such manner as the Council reasonably requires, which may include by direct debit from the Tenant's Bank Account.
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10. MAINTENANCE, REPAIRS, REFURBISHMENT AND ALTERATIONS
10.1 Maintenance and Repairs
The Tenant must:
10.1.1 keep the Premises and the Tenant's Property clean and free from rubbish, store all rubbish in proper containers and have it regularly removed;
10.1.2 pay the costs (if any) for the removal of waste and sewerage from the Premises;
10.1.3 maintain any gardens in the Premises in good condition, well-watered and free of weeds in accordance with its responsibilities as set out in the Maintenance Responsibility Schedule;
10.1.4 maintain and repair the Premises in accordance with its responsibilities as set out in the Maintenance Responsibility Schedule;
10.1.5 replace items in or on the Premises in accordance with its responsibilities as set out in the Maintenance Responsibility Schedule;
10.1.6 make good any damage caused to any adjacent property by the Tenant; and
10.1.7 give the Council prompt written notice of any material damage to the Premises or anything likely to be a risk to the Premises or any person in the Premises.
10.2 Alterations to Premises
The Tenant must ensure any alterations or works to the Premises; any services to the Premises or the Tenant's Property are carried out:
10.2.1 only after first having obtained the Council’s written consent to the alteration;
10.2.2 strictly in accordance with plans and specifications approved by the Council;
10.2.3 by qualified tradespersons approved by the Council;
10.2.4 to the Council's reasonable satisfaction and in accordance with the Council's reasonable requirements (including the Council's requirements as to the standard, type, quality, size and colour of any of the Tenant's Property);
10.2.5 under the supervision of the Council's architect or consultant; and
10.2.6 in accordance with all rules and requirements of any authorities having jurisdiction over the Premises.
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10.3 Not Interfere with Services
The Tenant must not interfere, misuse or overload any services to the Premises, including electricity, sewerage, drainage, gas and water.
10.4 Defacing Premises
The Tenant must
10.4.1 not deface or damage the Premises (including drilling holes in the Premises)
10.4.2 notify Council in writing of graffiti within twenty-four (24) hours of its application to the premises.
10.5 Failure to Maintain and Repair
If the Tenant does not carry out any repairs, maintenance or other works required under this Lease within fourteen (14) days of receiving written notice from the Council, the Council may enter the Premises to carry out such repairs, maintenance and works at any reasonable time after giving the Tenant reasonable notice. The cost of all such repairs, maintenance and works must be paid by the Tenant to the Council on demand.
11. INSURANCE
11.1 Public Liability
The Tenant must maintain insurance in the joint names of the Council and the Tenant with an insurer approved by the Council for public liability for the amount of $20 million concerning one single event (or such greater sum as reasonably required by the Council).
11.2 Cross-liability Clause
11.2.1 Where the Tenant is the holder of VMIA insurance it is unnecessary for the Tenant and Council, when dealing with each other, to require any indemnity or insurance clauses. The insurance of both groups is adequate to cover foreseeable losses arising out of their own potential liabilities and is provided on the assumption that common law will prevail in such agreements.
11.2.2 Where the Tenant is not the holder of VMIA insurance, the Tenant must ensure that the policies effected under clause 11.1 contain a cross-liability clause extending the policy so that the words 'the insured' are considered as applying to each party comprising the insured, as though a separate policy has been issued to each of the parties, in the same manner as if that party were the only party named as the insured.
11.3 Tenant's Property
The Tenant must insure the Tenant's Property for loss and damage from risks including fire and water damage for its full replacement value.
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11.4 Payment and Production of Policies
The Tenant must pay all insurance premiums on or before the due date for payment and produce to the Council copies of the certificate of currency on or before each anniversary of the Commencement Date.
11.5 Not Invalidate Policies
The Tenant must:
11.5.1 not do anything which may make any insurance effected by the Council or the Tenant invalid, capable by being cancelled or rendered ineffective, or which may increase any insurance premium effected by the Council; and
11.5.2 pay any increase in the insurance premium caused by the Tenant's act, default or use of the Premises.
11.6 Requirements by Insurer
The Tenant must comply with all reasonable requirements of the Council's insurer in connection with the Premises.
12. REPORTING REQUIREMENTS
The Tenant must give to the Council:
12.1 within twenty-one (21) days of the Tenant's annual general meeting, a written report detailing:
12.1.1 an audited financial report, including a statement of assets and liabilities and profit and loss statement for the Tenant for that financial year;
12.1.2 the activities conducted by the Tenant during the preceding year and, where applicable, a list of the groups which have used the Premises and a list of times at which the Premises were used;
12.1.3 the office bearers appointed to the Tenant, their duties and the length of term of the office of each office bearer; and
12.1.4 the name, address and phone number of the Secretary – formerly known as the Public Officer.
12.2 annually, details of its emergency management plan and hazard analysis;
12.3 annually, a copy of the Tenant’s business plan, strategy and/or annual service plans;
12.4 notification of any proposed amendments to its Statement of Purposes and/or Rules;
12.5 if requested, confirmation of currency of its incorporation;
12.6 a certificate of currency of the Tenant's insurance annually on the anniversary of the Commencement Date;
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12.7 if requested, within a reasonable time, such information as Council from time to time requires.
13. RELEASE, INDEMNITY, COMPENSATION AND LIABILITY
13.1 Release
The Tenant uses and occupies the Premises at its own risk and releases the Council from all claims resulting from any damage, loss, death or injury in connection with the Premises except to the extent that such claims arise out of the Council's negligence.
13.2 Indemnity
The Tenant must indemnify and hold harmless the Council against all claims resulting from any damage, loss, death or injury in connection with the Premises and the use and occupation of the Premises by the Tenant except to the extent that such claims arise out of the Council's negligence.
13.3 No Compensation
The Council is not liable to the Tenant for any loss or damage incurred by the Tenant due to:
13.3.1 any damage to the Premises;
13.3.2 the failure of the Council's Fixtures or any plant and equipment (including air conditioning and escalators) to operate properly;
13.3.3 the interruption or damage to any services (including electricity, gas or water) to the Premises; and
13.3.4 the overflow or leakage of water in the Premises, except to the extent to which the Council is liable where the Act applies.
13.4 No Liability
The Tenant acknowledges and agrees that:
13.4.1 nothing in this Lease in any way limits, fetters or restricts the power or discretion of Council in the exercise of its statutory rights, duties or powers under the Planning and Environment Act 1987 (Vic) or the Local Government Act or the exercise of any other statutory right, power or duty that Council may lawfully exercise; and
13.4.2 Council will not be liable to the Tenant under this Lease (including but not limited to a breach of the covenant of quiet enjoyment or a derogation of the grant of this Lease) for any acts or omissions of Council undertaken in any capacity including (but not limited to) in exercising any powers referred to in clause 13.4.1, except nothing in this clause releases Council from any obligations it owes to the Tenant under this Lease in its capacity as the owner of the Premises.
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14. PERMITTED USE AND HOURS
14.1 Permitted Use
The Tenant must use the Premises for the Permitted Use and not use the Premises for any other purpose except without the prior written consent of the Council, which the Council may grant or withhold in the Council's absolute discretion.
14.2 No Warranty
The Tenant:
14.2.1 acknowledges that the Council does not represent that the Premises are suitable for the Permitted Use; and
14.2.2 must make its own enquiries as to the suitability of the Premises for the Permitted Use.
14.3 Illegal Purpose
The Tenant must not use the Premises for any illegal purpose or carry on a noxious or offensive activity on the Premises.
14.4 Premises Unoccupied
The Tenant must not leave the Premises unoccupied for a period exceeding thirty (30) consecutive days except where the Premises is vacant land.
14.5 Operating Hours
The Tenant must not operate its activities at the Premises outside the Permitted Hours of Operation.
14.6 The Tenant warrants that:
14.6.1 the Tenant has advised the Council that the Permitted Use is not such that brings the Lease within the operation of the Act;
14.6.2 the Tenant has agreed that its operation and conduct of the Permitted Use will not bring the Lease within the operation of the Act.
14.7 Community Use
In recognition of the Council’s grant of this Lease to the Tenant, it must promote and maximise the occasional community use of the Premises by actively offering them to the Maribyrnong Community at a cost consistent with the cost of those facilities to the Tenant whether in conjunction with the Council or not and otherwise on the terms and conditions of this Lease and any applicable town planning permit. The Tenant may at its discretion impose reasonable conditions on the use of the Premises by the Community.
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14.8 Community Benefit
The Tenant acknowledges that it has received the Lease of the Premises from the Council to provide a benefit to the community. The Tenant agrees to undertake their obligations as specified in Clause 14.7
15. OTHER OBLIGATIONS CONCERNING THE PREMISES
15.1 Compliance with Laws
The Tenant must comply with all laws and any requirements of any authority in connection with the Premises and the Tenant's use and occupation of the Premises, except the Tenant will not be required to carry out any structural works unless the need for such works arises from:
15.1.1 the negligent act or omission of the Tenant;
15.1.2 the failure by the Tenant to comply with its obligations under this Lease; or
15.1.3 the Tenant's use of the Premises.
15.2 Licences and Permits
15.2.1 The Tenant must maintain all licences and permits and approvals required for the Tenant's use of the Premises and provide copies to Council upon request.
15.2.2 The Tenant must obtain the prior written consent of the Council before varying any licence, approval or permit, or applying for any new licence or permit.
15.3 Liquor Licence and Gaming Licence
The Tenant must not apply for or hold a liquor or gaming licence in respect of the Premises.
15.4 Nuisance
The Tenant must not do or permit to be done anything in connection with the Premises which may:
15.4.1 cause a nuisance or interfere with any other person; or
15.4.2 be dangerous or offensive in the Council's reasonable opinion.
15.5 Security
The Tenant must:
15.5.1 keep the Premises secure at all times when the Premises are not being used by the Tenant. The Council is not responsible and will not consider any claim for loss of income by the Tenant
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resulting from a breach of security at the facility which is the result of negligence on their part.
15.5.2 report all faults, breakages and the need for repairs and maintenance to Council.
15.5.3 not enter buildings or facilities at the designated location of the service except in the course of providing the required services, or where prior approval has been provided by Council.
15.5.4 not change or modify keys, lock systems and other security systems being part of the Premises.
15.5.5 be responsible for the safekeeping of any keys and swipe cards to Council facilities.
15.5.6 restrict the number of keys and swipe card holders to those members of staff who require access for the purpose of performing the Services authorised under the Lease.
15.6 Signs
The Tenant must seek the prior written consent of the Council before displaying or affixing any signs, advertisements or notices to any part of the Premises where such signs, advertisements or notices are visible from outside the Premises and must comply at all times with all Planning requirements. Any signage proposed by the Tenant must acknowledge Council’s contribution to the provision of the Premises.
15.7 No Smoking
The Tenant must:
15.7.1 not permit any smoking in or about the Premises, except in designated areas and in accordance with Victorian Laws and the Tenants organisational policy; and
15.7.2 display 'no smoking' signs in the Premises.
15.8 Heavy Objects and Inflammable Substances
The Tenant must not:
15.8.1 store any inflammable or explosive substances in the Premises unless required for the Permitted Use; or
15.8.2 store any heavy objects in the Premises or anything likely to damage the Premises.
15.9 Endanger Premises
The Tenant must not do or permit anything to be done in connection with the Premises which in the opinion of the Council may endanger the Premises or be a risk to any person or property.
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15.10 Tenant's Employees
The Tenant must use all reasonable endeavours to ensure that the Tenant's employees, agents, contractors and invitees observe and comply with the Tenant's obligations under this Lease, where appropriate.
15.11 Incorporation
Where applicable, the Tenant must comply with the provisions of the Associations Incorporation Reform Act 2012 and its Regulations and its Statement of Purposes and Rules.
15.12 Rectifying Pollution or Contamination
The Tenant will not cause any pollution or contamination of any nature on or from the Premises and if this does occur, to immediately cease the activity causing it and to rectify or clean up the pollution or contamination.
15.13 Occupational Health & Safety
15.13.1 The Tenant is to ensure that all obligations to occupiers, employees, contractors, invitees and all other persons in relation to all occupational health and safety issues are performed and that all plant, equipment and systems of work or use of the Premises are safe, that all responsible persons are properly trained and that site hazard analysis and health and safety plans are documented.
15.13.2 Council authorises the Tenant to exercise whatever authority is necessary for the Tenant to discharge the responsibilities in accordance with the requirements of the OHS Law.
16. DEALING WITH INTEREST IN THE PREMISES
16.1 No Parting with Possession
The Tenant must not give up possession of the Premises including assigning this Lease, sub-lease the Premises or granting to any person a licence or concession in respect of the Premises, without the Council's prior written consent which consent may be given or withheld at the Council's absolute discretion and, if given, be subject to such terms and conditions as Council may in its absolute discretion determine subject to clause 16.2.
16.2 Conditions of Assignment
Where the Act applies to this Lease, the Council will not unreasonably withhold its consent to an assignment of this Lease if the Tenant:
16.2.1 has complied with clause 16.4 and the Council has not accepted the offer;
16.2.2 requests the Council in writing to consent to the assignment of the Lease to a new Tenant;
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16.2.3 has remedied any breach of this Lease of which the Tenant has received written notice from the Council;
16.2.4 provides to the Council the name and address of the new Tenant and proves to the Council's reasonable satisfaction that the new Tenant is solvent and able to comply with its obligations under this Lease by providing at least two (2) references as to the financial circumstances of the new Tenant and at least two (2) references as to the business experience of the new Tenant;
16.2.5 executes and procures the new Tenant to execute an assignment of lease which must include a condition by which the Tenant releases the Council from any claims arising under or in connection with the Lease and otherwise in a form approved by the Council;
16.2.6 where the new Tenant is a corporation procures such directors or shareholders of the new Tenant, as may be reasonably required by the Council, to execute the guarantee contained in this Lease;
16.2.7 pays the Council's reasonable costs in connection with approving the new Tenant and the costs of the preparation, negotiation and stamping of any document required under this clause; and
16.2.8 where the Act applies to this Lease, provides the new Tenant with a copy of the Disclosure Statement as required by section 61(3) of the Act.
16.3 No Assignment if Act to Apply
Despite anything to the contrary in this Lease, if the Act does not apply to this Lease and an assignment of this Lease, would result in the Act applying to this Lease (either during the Term or as a result of the grant of a lease for the Further Term) the Council may withhold its consent to an assignment of this Lease.
16.4 Right of First Refusal
The Tenant must, prior to applying for the Council's consent for an assignment of this Lease, give written notice to the Council offering to assign this Lease to the Council, or its nominee on the same terms as the proposed assignment. The offer must remain open for acceptance by the Council for fourteen (14) days.
16.5 Mortgage of Lease
The Tenant must not create any security over this Lease or the Tenant's Property.
17. TENANT'S OBLIGATIONS AT THE END OF THIS LEASE
17.1 Tenant's Obligations
At the end of this Lease, the Tenant:
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17.1.1 must vacate the Premises and give them back to the Council in a condition consistent with the Tenant having complied with its obligations under this Lease;
17.1.2 acknowledges that all loose furniture and equipment, including white goods, supplied either by the Tenant or Council become the property of the Council at the end of the Term (or any Further Term) unless the Landlord gives written notice to the Tenant specifying otherwise;
17.1.3 acknowledges that all improvements, additions, structures or buildings erected by the Tenant revert to and become the property of the Council at the end of the Term (or any Further Term) unless the Landlord gives written notice to the Tenant specifying otherwise; and
17.1.4 acknowledges that the Tenant will not be entitled to receive any payment or other compensation from the Council for any such improvements, additions, structures or buildings.
17.1.5 must give to the Council all keys and other security devices for the purposes of obtaining access to the Premises.
17.2 Tenant's Property Left in Premises
Anything left in the Premises after seven (7) days of the end of this Lease will be deemed to be abandoned by the Tenant and will become the property of the Council and may be removed by the Council at the Tenant's cost and at the Tenant's risk.
18. COUNCIL'S RIGHTS AND OBLIGATIONS
18.1 Quiet Enjoyment
As long as the Tenant does not breach this Lease, the Council must not interfere with the Tenant's use and occupation of the Premises except as provided by this Lease.
18.2 Alterations to the Premises
The Council may carry out any works, alterations, renovation or refurbishment of the Premises which may include extending or reducing any buildings on the Premises.
18.3 Dealing with the Land
The Council may:
18.3.1 install, repair and replace pipes, cables and conduits in the Premises; and
18.3.2 use the roof and external walls of the Premises for any purposes the Council determines.
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18.4 Entry by Council
Council may enter the Premises at any reasonable time after giving the Tenant reasonable notice to:
18.4.1 inspect the condition of the Premises;
18.4.2 rectify any default by the Tenant under this Lease;
18.4.3 carry out any inspection, repairs, maintenance, works or alterations in the Premises which the Council decides to or is required to carry out by any law or authority.
The Council must use all reasonable endeavours to cause as little disruption as possible to the Tenant's use of the Premises in exercising the Council's rights under this clause.
18.5 Emergency Entry
The Council may enter the Premises at any time without giving notice to the Tenant in an emergency.
18.6 Council's Consent
Where the Council is required to give its consent under this Lease, unless specified to the contrary, the Council must not unreasonably withhold its consent but may give its consent subject to such conditions as the Council may reasonably determine.
19. RELOCATION
19.1 Relocation
19.1.1 If the Council plans to redevelop the Premises, subdivide the Premises, grant easements or other rights over the Premises or carry out any works, which the Council cannot adequately carry out due to the Tenant's occupation of the Premises under this Lease, the Council may give written notice to the Tenant:
(a) requiring the Tenant to surrender this Lease by executing a deed of surrender in a form prepared by the Council (Deed) on a date being not earlier than six (6) months after receipt of the notice by the Tenant; and
(b) offering the Tenant a new lease of alternative premises on suitable land (Alternative Premises) which must, as far as practicable, be suitable for the Permitted Use.
19.1.2 The Council must also provide to the Tenant at the time of giving the Tenant the notice specified above, reasonable details of the Council's proposal for any redevelopment, works or other use determined by the Council.
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19.2 Terms of New Lease on the Land
The new lease of the Alternative Premises offered to the Tenant under the preceding sub-clause must be on the same terms as this Lease except:
19.2.1 the term of the new lease will be equal to the remainder of the Term as at the date that this Lease is to be surrendered by the Tenant; and
19.2.2 the Alternative Premises will be in a location selected by the Council taking into account any reasonable requirements of the Tenant.
19.3 Surrender of Lease and New Lease
19.3.1 The Tenant must:
(a) execute and return the Deed to the Council within thirty (30) days of receipt by the Tenant;
(b) give notice within thirty (30) days of receipt of the notice under clause 19.1 to the Council either accepting or rejecting the offer of a new lease of the Alternative Premises; and
(c) where the Tenant accepts the new lease of the Alternative Premises, execute and return to the Council the new lease within thirty (30) days of receipt of the new lease by the Tenant.
19.3.2 If the Tenant does not accept the offer of the new lease of the Alternative Premises, the Tenant must vacate the Premises in accordance with the terms of this Lease on the date specified in the notice under clause 19.1, not being earlier than six (6) months from the date of receipt of that notice by the Tenant.
19.4 Limit on Relocation
The Council must not serve a notice on the Tenant pursuant to clause 19.1 more than once during the Term.
19.5 Relocation Period
If requested by the Tenant in the notice given by the Tenant to the Council pursuant to clause 19.3, the Council will provide that the new lease of the Alternative Premises will commence ninety (90) days prior to the expiration of this Lease, during which time the Tenant may complete the relocation of the Tenant's Equipment and integrate it into the Network, so long as the Tenant has complied with this clause. The Tenant will not be required to pay any rent under the new lease of the Alternative Premises for the ninety (90) day period referred to above.
19.6 Compulsory Acquisition
19.6.1 The Tenant acknowledges and agrees that if the Premises are compulsorily acquired by any Authority pursuant to the Land
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Acquisition & Compensation Act, that the Tenant will not be entitled to receive any compensation from the Council for any loss or costs sustained by the Tenant as a result of the acquisition of the Premises and the termination of the Lease.
19.6.2 If the Premises, or any part of it, is subject to a compulsory acquisition, the Council’s claim for compensation will be based on the market value as freehold of the land acquired and not the value of the Lease.
20. TERMINATION OF LEASE
20.1 Re-entry
The Council may re-enter the Premises and terminate this Lease if:
20.1.1 any part of the Rent is in arrears for thirty (30) days (whether or not the Council has demanded payment); or
20.1.2 the Tenant breaches this Lease and does not remedy the breach within thirty (30) days of receipt of written notice from the Council; or
20.1.3 if the Tenant becomes bankrupt or if an order is made or a resolution passed for the administration, receivership or liquidation of the company or any composition with creditors; or
20.1.4 if execution is levied against the Tenant which is not discharged within thirty (30) days; or
20.1.5 if the membership or the composition of the Tenant’s Committee of Management is substantially altered without the prior written consent of the Council; or
20.1.6 if the Tenant has failed to comply with its obligations to report to the Council as required pursuant to Clause 10 and 15 of the Lease.
20.1.7 If the Tenant has failed to deliver or provide the services specified in Annexure A.
20.2 Damages following Determination
If this Lease is terminated by the Council, the Tenant agrees to compensate the Council for any loss or damage the Council suffers arising in connection with the Tenant's breach of this Lease including the loss of the benefit of the Tenant performing its obligations under this Lease up to the expiration of the Term.
20.3 Termination By Agreement
Notwithstanding any other clause of this Lease, the Council and the Tenant may by agreement in writing, terminate this Lease.
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20.4 Essential Terms
The essential terms of this Lease are clauses 4, 5, 6, 7, 9, 10, 11, 14, 15, and 16. The breach of an essential term is a repudiation of this Lease if the breach is not remedied within fourteen (14) days of receipt of written notice from the Council.
20.5 No Deemed Termination
If the Tenant vacates the Premises, the Council will not be deemed to have terminated this Lease merely by the acceptance of keys from the Tenant, entry into the Premises for any purpose, or the showing of the Premises to prospective Tenants or purchasers. This Lease will be deemed to continue until such time as the Council gives notice to the Tenant terminating this Lease, or otherwise agrees with the Tenant that this Lease is terminated.
21. DESTRUCTION OR DAMAGE OF PREMISES
21.1 Reduction in Rent
If the Premises, or any part of the Premises is destroyed or damaged to the extent that the Tenant cannot use or have access to the Premises (except if the Tenant causes or contributes to the destruction or damage, or the Council's insurer is not legally required to reinstate the Premises because the Tenant caused or contributed to the destruction or damage) then the Council will reduce the Rent and the Outgoings by a reasonable amount depending upon the nature and extent of destruction or damage until the Tenant can use or have access to the Premises.
21.2 Reinstatement of Premises
If the Premises or any part of the Premises are destroyed or damaged, the Council may, within six (6) months from the date of such damage or destruction, give notice to the Tenant:
21.2.1 terminating this Lease, where the Council considers that the damage or destruction is such that repairing it is impracticable or undesirable; or
21.2.2 that the Council will commence reinstatement of the Premises to a condition where the Tenant can use or have access to the Premises.
The Council does not have to reinstate the Premises.
21.3 Tenant's Right of Termination
Where the Tenant has not caused or contributed to the damage or destruction of the Premises and the payment of the insurance for the Premises is not refused due to the act or default of the Tenant, the Tenant may give written notice to the Council terminating this Lease where the Council does not:
21.3.1 give notice to the Tenant pursuant to clause 21.2; or
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21.3.2 commence reinstatement within twelve (12) months of the date of damage or destruction.
Upon termination of this Lease, each party is released from all further obligations under this Lease except nothing in this clauses releases either party from any breach of this Lease arising prior to the date of termination.
21.4 Dispute Resolution
If a dispute arises under this clause about the amount of the Rent or Outgoings payable by the Tenant, unless the Act applies, either party may ask the President of the Australian Property Institute (Victorian Division) to nominate a valuer to determine the dispute as an expert. The parties will be bound by the determination of the valuer and will share the fees of the valuer equally.
21.5 No Compensation
The Tenant acknowledges that if the Premises are destroyed or damaged, the Tenant is not entitled to receive any compensation from the Council, except this clause does not apply where the Act applies to this Lease.
22. GENERAL
22.1 Notices
Any notice required to be served under this Lease must be in writing and must be served by post, email or hand delivered to:
22.1.1 the Tenant at its address set out in this Lease, the Tenant's registered office address, the Premises, or the last known address of the Tenant; and
22.1.2 the Council at its address set out in this Lease or any other address notified in writing to the Tenant by the Council.
22.2 Time of Service
A notice or other communication is deemed served:
22.2.1 if served personally or left at the person's address, upon service;
22.2.2 if posted, two (2) business days after posted;
22.2.3 if emailed; and
22.2.4 if received after 6.00 pm in the place of receipt or on a day which is not a business day, at 9.00 am on the next business day.
22.3 Entire Understanding
This Lease and the Disclosure Statement (if any) contains the entire understanding between the parties as to the subject matter contained in it. All previous agreements, representations, warranties, explanations and commitments, expressed or implied, affecting this subject matter are superseded by this Lease and have no effect.
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22.4 Waiver
If the Council accepts the Rent or any other monies under this Lease (before or after the end of this Lease) or does not exercise or delays exercising any of the Council's rights under this Lease, it will not be a waiver of the breach of this Lease by the Tenant or of the Council's rights under this Lease.
22.5 Special Conditions
This Lease is subject to the Special Conditions. The Special Conditions override any inconsistent provisions in this Lease.
23. DISPUTE RESOLUTION
23.1 Dispute
23.1.1 If a difference or dispute (together called a dispute) between the parties arises in connection with the subject matter of this Lease, Council and the Tenant must, in good faith, attempt to resolve the dispute within ten (10) days.
23.1.2 If the Council and the Tenant cannot resolve the dispute, then either party shall, by hand or by registered post, give the other party a written notice of dispute adequately identifying and providing details of the dispute and attempts made to resolve the dispute.
23.1.3 Once notice has been served under clause 23.1 the Chief Executive Officer, General Manager or Executive Officers of the Management Committee of each party (or his or her delegate) must attempt to resolve the dispute in good faith.
23.2 Mediation
23.2.1 Any difference or dispute between the parties arising in connection with the subject matter of this Lease which cannot be settled by negotiation between the parties or their representatives within twenty-one (21) days of giving of written notice of the dispute will be submitted to mediation in accordance with the Institute of Arbitrators and Mediators, Australia Mediation Rules.
23.2.2 Except where the Council and the Tenant otherwise agree in writing each party shall bear its own costs and pay one half of the mediation costs.
23.3 Retail Leases Act
The parties agree that the dispute resolution procedures specified in the Retail Leases Act 2003 will apply to this lease, if the Act applies.
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LEASE EXECUTION PAGE
This Lease is executed as a deed on the day of 20
EXECUTED by the parties as a Deed.
SIGNED for and on behalf of MARIBYRNONG CITY COUNCIL by ) the Chief Executive Officer pursuant to the ) ………………………………… Instrument of delegation, dated the XX day ) Signature Of XXXX, in the presence of: ) ) ………………………………… Print Name ……………………………………….. Witness ……………………………………….. (Print Name)
EXECUTED BY SIGNED for and on behalf of XXXXXXXXXXXXXXXXXXXXXXXXXXX by ) XXXXXXXXXX pursuant to the ) ………………………………… XXXXXXXXXXXXXXXXXXXXXXXXXX ) Signature XXXXXXXXXXXXX )
) ………………………………… Print Name
……………………………………….. Witness ……………………………………….. (Print name)
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Annexure A
Special Conditions
All staff working for the Tenant must have a current full working with Children’s Check and show commitment to the Child Safety Standards.
1. Relationship between Lease and Service Agreement
The Lease is subject to both the Licence granted to the Tenant by the Department of Education and Training (DET) in relation to the Premises and the Service Agreement (the Agreement) as attached to this lease in Annexure D, and any breach of either the Licence or the Agreement will be considered a breach of this Lease.
2. Other Special Conditions (Site Specific)
Sanitary Bins: If demanded by Council, the Tenant must reimburse Council for
100% of costs it incurs in connection with providing sanitary bins to the Premises.
3 Maintenance Responsibility Schedule
The Tenant must at all times observe and comply with the Maintenance Responsibility Schedule attached to this lease as Annexure C.
4 Central Registration System Guidelines
The Tenant must at all times observe and comply with the Council’s Central Registration System Guidelines, as varied from time to time.
5 Tenant use of Areas Outside of Leased and Shared Areas
In the event that the Tenant requires to use any of the areas not within the Leased and Shared Areas shown outlined in Annexure B (Plan of Premises), the use of other areas will require to be booked in accordance with the centres booking processes and at community rates.
6 Site access in case of local emergency In the unlikely event of a local emergency which requires the site to be used as a community relief centre, the Tenant acknowledges that they may be required to vacate the Premises at Council’s discretion.
7 Demolition • Notice to the Tenant - Council may terminate the Lease on the grounds of a
proposed demolition of all or part of the Land or the Premises, by providing 6 months' written notice of the proposed demolition to the Tenant.
• Surrender of Lease - If Council gives the Tenant notice, the Tenant must execute and return to Council a deed of surrender of this Lease within 14 days of receipt by the Tenant.
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• Compensation - The Tenant acknowledges that it is not entitled to receive any compensation from Council where Council requires the Tenant to surrender this Lease and, on and from the date of surrender of this Lease (irrespective of whether a deed of surrender of lease is executed by the Tenant), the Tenant releases Council from all further obligations under this Lease.
8 Loose Furniture and Equipment
Council will provide the following for new and refurbished/extended facilities (Council’s Property): • Furniture in the children’s rooms for service approval; and • Furniture in foyers, waiting areas and public spaces.
Council’s property must be maintained by the Tenant in accordance with Annexure C for the Term.
If any of Council’s Property requires replacement during the Term it must be replaced by the Tenant. It will remain Council’s Property and must be left at the Premises at the end of the Term.
The Tenant will be required to provide all other operational furniture and equipment required to manage the service, such as but not limited to whitegoods, small appliances, computers, photocopiers, telephones and other administrative equipment. If any of the Tenant’s Property requires replacement during the Term, it must be replaced by the Tenant.
9 Request for additional keys/swipe cards
Log a request on Council’s Customer Request Management System for additional keys and swipe cards.
For bi-lock system keys:
• provide code and quantities of each key • Building Maintenance will complete a Restricted Key Request Authorisation Form
and email to Omega Security Solutions (OSS) and copy in the Tenant. • the Tenant will be notified when keys are cut. • the Tenant attends OSS to collect and pay for the keys.
10 Periodical Cleaning
The Tenant is responsible in making sure the standards of cleaning are according with all relevant legislation and industry standards and ensure Council assets are maintained within accepted life expectancies of all materials.
Where MCH Centres are co-located with child care centres or kindergartens and using the same cleaning contractor, the Tenant must:
• notify the MCH Centre when the cleaning contract is due for renewal. • review the cleaning contract in consultation with MCH Coordinator or Team Leader
prior to renewal. • provide a copy of the cleaning specifications to the MCH Coordinator or Team
Leader.
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In addition to routine cleaning the tenant must ensure the following periodical cleaning schedule is maintained.
The Tenant must notify Council of periodical cleaning dates prior to performing these duties, as detailed below:
Area Cleaning Item Frequency
Hard Floor surfaces – non slip, vinyl, concrete, timber and tiled floor areas
Wash with an approved detergent paying attention to corners and edges. Apply non slip polish to vinyl floors and buff to an even shine.
Six monthly
Carpeted areas Professionally cleaned and sanitised using an approved method (steam or dry clean). Light cleaning agent can be applied, but no deep pile shampoo. Contractor to ensure all movable items are moved and the floors beneath cleaned.
Six Monthly
Holland blinds and venetian blinds
Spot clean all blinds using environmentally friendly cleaning materials and report any damage to Council. Cost of repair of any damage caused by the Contractor will be paid in full by the Tenant. Verticals and venetian blinds to be dusted regularly and not be removed from their fitting.
Six monthly
Monthly Windows, partitions and other glass panels (Internal and External)
Clean interior of all windows and partitions, ensuring all ledges are washed clean. Where fly screens are fitted, they are to be removed and thoroughly cleaned before being replaced in their original position.
Six Monthly
Vinyl, plastic and laminated furnishings
Damp wipe all surfaces.
Steam clean fabric covered furniture.
Six monthly
Dusting and cleaning of horizontal surfaces
Dust and damp wipe all horizontal surfaces including ledges, paneling, window sills, skirtings, architraves, fixtures and heaters up to 1.8 meters, removing cobwebs, dust and dirt.
Monthly or as required
High dusting Remove dust from all high surfaces (i.e. over door height with ceiling height below 3m) utilising a damp cloth or alternate method. Remove dust and cobwebs from all overhead pipes or ducting, air conditioning vents, light diffusers, the tops of all furniture, doors, architraves and any overhead fans.
Annual
Annual - to be performed between late December/January.
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Six monthly - to be performed half yearly. Monthly - to be performed by the last Friday of each month.
11 Sand Pit Sand
Where additional sand pit top ups are required by the Tenant, sand to be obtained from a reputable supplier or as recommended by Parks & Open Space, to be fine, non-compacting, triple washed, free of pebbles or coarse materials and binding substances e.g. clay.
12 Softfall
Where additional soft fall top ups are required by the Tenant it must conform with AS/NZS 4422 specifically produced for application to children’s playgrounds, obtained from a reputable supplier or as recommended by Parks & Open Space and tested to comply with requirements for impact absorbing ground surfacing material. A sample and product certificate be provided to Parks and Open Space prior to ordering (shredded recycled tree pruning’s or shredded timber laminates are not acceptable).
13 Garden Mulch
Must be: • Non-toxic to humans or plants. • Free of contaminants, (plastics, shredded pallet materials etc.) • Provides Horticultural benefit, (not pine bark). • Does not contain sharp plant materials, (thorns and sharp leaves). • Does not contain plant material that is irritating to skin, (Lagenaria).
14 Digging Patch Soil
Must be local, sandy loam soil with very low clay content. Fill to be obtained from a reputable supplier or as recommended by Parks & Open Space and be suitable for use in a children's play area.
15 Continuity of Service
Without limiting any clause in this lease, in there event where consent has been provided by Council for early termination of this lease in accordance with clause 20.3, the Tenant agrees to work collaboratively with Council and provide a transition plan to ensure the continuity of service to the community.
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Annexure B Plan of Premises
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Annexure C
Maintenance Responsibility Schedule Essential Safety Measures (ESM) Under the Building Code of Australia, the building owner is responsible for, and subject to audit, to comply with the ESM maintenance requirements. Council will take responsibility for these items including fire extinguishers, fire hoses, fire blankets, hydrants, fire detection systems (i.e. smoke detectors), exit doors, exit & emergency lighting, paths of travel. Reactive Maintenance Reporting (Repairs) The Tenant must inform Council in writing as soon as practicable of the existence of damage of which the Tenant is aware or ought to reasonably be aware so that Council may make arrangements to repair damage. The Tenant must submit a Customer Service Request to arrange for Council to undertake repairs and maintenance. A request can be submitted over the telephone to 9688 0200, via [email protected], via Maribyrnong City Council smart phone app or in person at Council's Customer Service at the Municipal Offices, Corner Hyde and Napier Streets, Footscray. Urgent requests where service provision is effected should be called through to: • 9688 0200 to be entered into Council’s Customer Request Management (CRM) system
immediately, and • The Early Years Team for follow up with the relevant maintenance team. All maintenance requests will be logged in the CRM system and a reference number will be issued to the Tenant. When sending CRMs the Tenant should make sure: • Each maintenance request is logged separately. Multiple requests on the one email
should be avoided to ensure the CRM is allocated to the correct maintenance team. • the name of the service, address, contact name and phone number is provided. • the exact location of repair on the premises is provided so technician/tradesperson can
locate the problem if no one is on site e.g. room 2 near the children’s lockers. Tenants should keep a record of the CRM reference number issued by Council. For a CRM status update please call 9688 200 or email [email protected] with CRM reference number. Damage by Tenant The Tenant must bear all costs associated with the repair or replacement of an item if it is damaged due to an act of the Tenant or a person associated with the Tenant, and must seek approval from Council to arrange for the repair or replacement of the damaged item. In all other instances, Council is responsible for maintenance, repair and replacement of items where it is specified as being responsible in this Maintenance Schedule. Install and replace items requested by Tenant at the Tenant’s cost. Damage does not include fair, wear and tear.
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Urgent Repairs The Tenant can, where Council is unable to be contacted or where the maintenance issues present a serious health or security risk, take steps to fix the issue and seek reimbursement from Council at a later stage. The Tenant should take all steps to contact Council by telephone and the Customer Request System prior to engaging any contractor or incurring any costs. Call outs Costs incurred by the attendance of the security company to call outs will be forwarded to the Tenant where it can be demonstrated that the call out can be shown to be the result of the Tenant or a person associated with the Tenant (i.e. where the call out is unwarranted, for example if the alarm is accidentally set off). Department of Education and Training (DET) Compliance Visits A copy of the compliance visit report is forwarded to Council. Council will repair or replace items identified in the DET report where it is specified as being responsible in this Maintenance Responsibility Schedule. "Maintain" means: - • keeping the item in good operating condition or working order; • regular inspection and checking; • regular cleaning; • operating and maintaining the item in accordance with the manufacturer's
instructions and/or warranty; • repairing faults and wear and tear to the item; • repairing damage; • servicing and making adjustments to the items; • maintaining the integrity of surfaces by repairing plaster, tiles, timber or the like; • painting as required or in accordance with required periods;
and includes the non-structural parts of the Premises. "Replace" means: - • the replacement of an item or equipment where it is lost, damaged or worn out beyond
practical repair; • the replacement of part of the non-structural part of the Premises where it is damaged or
worn out beyond practical repair.
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TABLE 1 – Maintenance Responsibilities NOTE: Unspecified items in the Maintenance Schedule is the Tenants responsibility at the Tenant’s cost with prior approval from Council.
Item Tenant Responsibilities Council Responsibilities
GENERAL
1. Car park, paving, paths and driveways
Keep clean and free of litter. Maintain, repair and replace existing as required.
2. Cleaning Cleaning of premises must be maintained at an acceptable standard.
No responsibility.
3. Fences, retaining walls and gates (boundary and internal)
Keep clean and in good condition. Additional fencing and gates subject to Council approval, at Tenant’s cost.
Maintain, repair and replace existing as required.
4. Finger guards
Keep clean and in good condition. Repair where damage by Tenant action at Tenant’s cost. Additional finger guards at Tenant’s cost.
Maintain, repair, replace existing installations.
5. Garbage, refuse and hard waste collection
Waste to be stored in proper containers and removed regularly. Keep garbage bin storage area/enclosure clean, tidy and locked. Remove all rubbish and garden waste following working bees. Arrange for hard waste collection, including unused or broken equipment, as required, at Tenant’s cost.
Provide bins for general waste, recycling and green waste. Collection of garbage from Council provided bins as scheduled. Maintenance of bin enclosure where fitted. Replace Council bins if damaged.
6. General Equipment and Tenant’s Property
Clean, maintain, inspect, service, repair and replace all fixtures, fittings, plant and equipment purchased by the Tenant and make good any damage as a result of installing or removing such property. Such items may include clocks, computer/digital equipment, portable heaters, photocopiers, telephones, general office equipment, furnishings, furniture, and kitchen
No responsibility
39
Item Tenant Responsibilities Council Responsibilities
supplies etc. purchased by the Tenant.
7. Graffiti (internal and external)
Report graffiti to Council within 24 hours.
Remove all graffiti.
8. Hygiene and Sanitary Services (sanitary and nappy disposal units)
Keep clean and sanitised to a high standard. The Tenant may utilise Council’s contracted services by mutual agreement at the cost of the Tenant.
No responsibility for the supply, maintenance or removal of the units unless service utilises Council’s contracted services. Where units are supplied by Council’s contractor, Council will pay as invoiced on a monthly basis, and will recharge the total cost to the Tenant annually.
9. Loose litter and debris Keep all in/outdoor areas clear and accessible at all times. The removal of any loose litter and debris.
No responsibility.
10. Pest Control including possum entry and eviction
Maintain and take proper precautions to keep premises free of rodents, pests and vermin. Engage pest control services at the cost of the Tenant, as required. Log CRM for possum entry and eviction.
No responsibility unless caused by Council’s failure to adequately maintain and repair the building. Possum eviction, as needed. Repair any damage to the building, as a result of possum entry.
11. Signage - statutory and other
Provide, repair and replace. Clean and maintain in good condition. Notify Council of intention to alter, replace or add - subject to Council approval prior to installation.
Replace existing service signage at entry of premises according to Council’s programmed maintenance schedule.
12. Syringes and Needles Carry out a daily sweep of any areas that form part of the premises or area of operation before children arrive each day and dispose in a safe manner.
Respond to service request for syringes or needles found outside the premises.
40
Item Tenant Responsibilities Council Responsibilities
Log a service request (CRM) if syringes and needles are found outside the premises.
ESSENTIAL SAFETY MEASURES
13. Air conditioning and mechanical ventilation system
New and additional installations at Tenant’s cost in consultation with Council prior to purchase of new/additional systems.
Clean, maintain, inspect, service, repair and replace existing installations.
14. Emergency Exit Signs (including direction signs) and Lighting
Keep exits clear at all times and not interfere with exit emergency lighting.
Maintain, inspect, repair and replace. Update fire evacuation plans as necessary.
15. Paths of travel to Exits (means of egress)
Ensure paths of travel to exits are operational and effective; not altered in any way; kept in an efficient condition, functional and clear of obstruction at all times.
Conduct essential safety measure audits in compliance with the Building Code of Australia.
16. Fire protection i.e. sprinkler systems, portable fire extinguishers, fire hose reels, fire blankets, fire hydrants, fire detection systems (smoke or thermal detectors)
Maintain kitchen range hood filters in a clean condition as required for food handling and fire prevention. Notify Council as soon as possible if fire equipment needs to be refilled, replaced, is discharged, stolen or missing.
Provide, inspect, service, maintain, repair and replace in compliance with the Building Code of Australia. Fill extinguishers when discharged due to misuse at the Tenant's cost. Replace batteries of smoke detectors on change of daylight savings.
17. Hot Water Systems No responsibility. Maintain, repair, replace.
18. Lift/s Keep clean and in good condition.
Maintain, inspect, service, repair and replace.
BUILDING MAINTENANCE
19. Asbestos Auditing Copy of Division 5 Asbestos Audit and Risk Management report must be kept and be accessible to any employee of the Tenant who occupies or manages the premises. Council approval is required for any planned works undertaken at the Premises.
Conduct mandatory asbestos audits and risk assessments in accordance with the Occupational Health and Safety Act 2004. Ensure maintenance works are carried out at the premises in compliance with statutory requirements and public safety.
41
Item Tenant Responsibilities Council Responsibilities
20. Ceilings and internal wall
No responsibility, except where damage is caused by Tenant.
Maintain, repair, replace.
21. Cupboards, benchtops, shelving, vanities, joinery units, etc.
Keep clean and in good condition. Repair and replace where damage is caused by Tenant at Tenant’s cost. New or additional installations to be authorised in writing by Council.
Maintain, repair, and replace of existing inbuilt joinery according to Council’s programmed maintenance schedule.
22. Curtains, drapes and blinds
Keep clean and in good condition. Repair and replace as required.
23. Disability Access Keep clean and in good condition. Repair and replace as required.
24. Disability access portable devices
Clean, maintain, inspect, service, repair and replace.
No responsibility.
25. Dishwashers Clean, maintain, inspect, service and repair. Replace as approved by Council.
No responsibility.
26. Doors including automatic doors
Keep clean and in good condition. Maintain, repair, replace as required.
27. Electrical wiring and switchboard
No responsibility for maintenance. Ensure no misuse of electrical wiring and fittings. Install new and replace if requested by the Tenant at Tenant’s cost. Note: All electrical works require Council approval in writing and carried out by Council’s trade panel contractors. Testing and tagging of electrical appliances belonging to the Tenant. Provide report to Council.
Maintain, inspect, service, repair, and replace existing.
28. Electrical fittings and lights – including light switches, power points, lights, light fittings
Install and replace additional if required by the Tenant at their cost.
Maintain, service, repair, replace existing installations, as required. Replacement of light globes and tubes.
29. External and security lighting
No responsibility. Maintain, repair, replace.
30. External Walls (excluding windows)
No responsibility. Maintain, repair, replace.
31. Floor surfaces and coverings
Clean and maintain existing floor coverings.
Maintain, repair, replace as per Council’s flooring program.
42
Item Tenant Responsibilities Council Responsibilities
Repair where damage by Tenant action at Tenant’s cost. Provision of flooring mats/rugs.
32. Food preparation, handling areas and storage
To keep all areas clean and hygienic according to Food Management Plan. Maintain and service all equipment according to manufacturer’s recommendations. Regularly inspect and clean exhaust fans, flues and filters. Complete annual third party food safety audit and provide report to Council.
Maintain, repair, replace existing installations.
33. Flyscreens and security grills
Keep clean and in good condition. Repair where damage by Tenant action at Tenant’s cost.
Maintain, repair, replace existing as required.
34. Grease trap Service and empty four times per year and provide report to Council.
Maintain, repair, and replace
35. Heating System No responsibility Maintain, repair, replace. 36. Intercom/public
address systems and telephones
Install, maintain, repair and replace. No responsibility.
37. Keys, locks and swipe cards
Control of keys/swipe cards issued to Tenant. Report any lost or damaged keys/swipe cards to Council immediately. Replacement keys and additional installations at Tenant’s cost. Replacement swipe cards at Tenant’s cost. Update Key/Swipe Card Register and advise Council of holders within 30 days of Annual General Meeting.
Maintain, repair, replace. Maintain, repair and replace existing bi-lock installations. Initial provision of keys to Tenant for new installations. Supply additional or replacement locks, keys and swipe cards at the Tenant’s cost. Maintenance of Council’s Key Register.
38. Notice, display and white boards (fixed installations)
Maintain, repair and replace. New installations at Tenant’s cost.
No responsibility.
39. Paving, paths, kerbs and paving channels
Keep clean and free of litter Repair and replace existing as required
40. Painting – interior and exterior surfaces
Keep clean and in good condition. Tenant may request to undertake
Maintain, repair and replace according to Council’s
43
Item Tenant Responsibilities Council Responsibilities
internal painting subject to conditions set by Council.
programmed maintenance schedule. Paint touch ups as required.
41. Phones and communication systems
Maintain, repair, replace
No responsibility
42. Plumbing Services, including drainage and toilets
Keep in clean, sanitary condition. Repair and replace where issues are a result of Tenant action at Tenant’s cost. Keep drainage service pits free of debris. Unless required by a statutory regulation or building regulation, any new plumbing will be at the Tenant’s cost.
Maintain, inspect, service, repair and replace existing installations due to fair wear and tear. At the Tenant’s cost: Service, repair and replace where issues are a result of Tenant’s action; install and replace when requested by the Tenant
43. Plumbing fixtures, such as taps, sinks, basins, toilet bowls and seats, cisterns, showers, traps and pipes
Replace where issues are a result of Tenant action or new plumbing fixtures requested by Tenant at the Tenant’s cost.
Maintain, repair, replace.
44. Security and access systems and related hardware
Maintain, repair, replace systems owned by Tenant. Monitor and regularly change security codes. Additional alarm or upgrade of existing system installations at Tenant’s cost. Prepare a response protocol, evacuation procedures and drills. After hours security call out costs by either Council’s after hours duty officer or security patrol where alarm activation has been caused through the activities of the Tenant.
Maintain, inspect, service, repair and replace Council owned systems only. Respond to after hour alarm activations and ensure that the site is safe and secured, as required.
45. Skylights No responsibility. Clean, maintain, inspect, repair and replace.
46. Sheds, back yard buddies
Supply and install new as required Maintain, repair, replace existing.
47. Storage Keep passageways clear and egress maintained at all times. Tenant to pay cost of removal of
No responsibility.
44
Item Tenant Responsibilities Council Responsibilities
inappropriately stored items. Maintain storage areas in good condition for aesthetics and public safety.
48. Stoves Keep clean and in good condition. Maintain, service, repair and replace existing installations.
49. Structural e.g. roof, gutter, spouting, downpipes, internal and external walls, ceiling, floor, stumps and footings, etc.
No responsibility. Clean, maintain, inspect, repair and replace according to Council’s programmed maintenance schedule.
50. Tiling Keep clean and in good condition. Maintain, repair and replace according to Council’s programmed maintenance schedule.
51. White goods and small appliances (excluding stoves and dishwashers)
Keep clean and in good condition Install, service, repair and replace by the Tenant at Tenant’s cost. Conduct annual testing and tagging and provide report to Council. Purchase all items for staff room amenities.
No responsibility.
52. Windows, other glazing, plate glass (internal & external)
Clean and keep in good condition. Tenant to pay for glass breakages for the full replacement value, where damage is a result of Tenant action at Tenant’s cost. Safety film installations, as required.
Maintain, repair and replace, except where damage is a result of Tenant action at Tenant’s cost.
53. Vandalism / break-ins The Tenant to obtain a police report as soon as possible and forward copy to Council. Repair internal damage. Replace contents, as required.
Repair structural and external damage. Secure building.
OUTDOOR PLAY AREAS
54. Cubby houses Maintain, repair, remove, and replace.
No responsibility.
55. Digging patch
Keep clean and in good condition. No responsibility.
45
Item Tenant Responsibilities Council Responsibilities
Maintain throughout the year at required depths with prior approval from Council at the Tenant’s cost.
56. Garden beds Supply and replacement of plants, maintenance of raised garden beds, watering and minor weed control. Any planting must obtain prior approval from Council’s Parks and Open Space Team before purchase. A plan of intended installation of a watering system is required by Council prior to installation.
Removal of any weeds identified during the monthly inspections. Top up of garden mulch.
57. Irrigation and reticulation systems
Installation of new irrigation systems with prior approval from Council’s Parks and Open Space Team. New installations to be in accordance with National Construction Code Australia (Plumbing), & irrigation best practice.
Maintain, repair, remove, and replace existing.
58. Loose litter / leaves Pathways and play surfaces to be cleared at least weekly.
No responsibility.
59. Playground paving and footpaths
Keep clean and in good condition. Sweeping of footpaths and paths of travel, as required. New paving associated with playground modifications in consultation with Council.
Maintain, repair and replace existing as required. The mechanical blowing of footpaths and other paths of travel as part of monthly inspections.
60. Playgrounds Inspect regularly and keep all entry/exit areas clear. Undertake minor weeding and watering of garden beds and maintain the neat appearance of the grounds. Report any defects or damage. Packing up and storing of items associated with play areas prior to scheduled maintenance or as requested.
Inspect open space and gardens associated with the premises, monthly and address any defects identified. Annual, third party compliance inspection.
60. Playground equipment and fixed structures
Clean and maintain in good condition. Advise Council of repairs to fixed playground equipment.
Inspect and make safe fixed playground equipment identified during the monthly inspection.
46
Item Tenant Responsibilities Council Responsibilities
New fixed playground equipment or modifications to existing fixed structures in consultation with Council. Council to be consulted prior to purchase or installation of fixed play structures.
Maintain and repair as identified in the annual third party compliance inspection report.
61. Retaining walls, outdoor steps
Keep clean and in good condition. Maintain, repair and replace existing.
62. Sandpit sand and softfall
Maintain throughout the year at required depths with prior approval from Council at the Tenant’s cost. The return of sand to the sand pit and softfall to the soft fall areas that has been displaced during daily use.
Annual top up of softfall and bi-annual of sand to achieve compliance.
63. Sandpit/s Modification/additions to sandpits with prior approval from Council.
Maintain and repair existing sandpits.
64. Sandpit cover/s Clean, maintain, repair and replace. The daily placement of the sand pit cover to prevent overnight sand contamination.
Initial sandpit cover.
65. Shade sails and shelters
Supply, install maintain, repair and replace new shade structures and post pads as required with prior approval from Council.
Maintain, clean, inspect, repair and replace existing sail structures and shelters.
66. Synthetic turf and rubber surfaces
Replacement of existing and installation of new with prior approval from Council.
Maintain and repair as identified in annual third party compliance inspection report.
67. Trees and Plantings Additional and replacement planting in consultation and with prior approval from Council’s Parks and Open Space before purchase. Identify any trees or plantings that may pose a risk and notify Council via CRM.
Annual inspection of all trees to assess tree health and condition. Maintain, inspect, prune and remove as identified during the annual inspection. Light pruning of low plants and shrubs, including the removal of debris, as requested and in consultation with the Tenant to be completed during the next programmed maintenance visit.
68. Turf mowing and brush cutting
General maintenance. Hand mowing and brush cutting of any turf surfaces associated with the centre
47
Item Tenant Responsibilities Council Responsibilities
during monthly maintenance visit.
69. Water tanks and water saving devices
Supply and install new as required with prior consultation and approval from Council.
Maintain, repair and replace existing
48
Annexure D Service Agreement
[Attached service agreement]
Service Agreement
between
Maribyrnong City Council
and
«Organisation_Name»
Maribyrnong Service Agreement Page 2
CONTENTS
1. PARTIES TO THE SERVICES AGREEMENT ........................................................................................ 3
2. TERM OF THIS AGREEMENT ........................................................................................................... 3
3. BACKGROUND ................................................................................................................................ 3
4. LEGISLATIVE BACKGROUND ........................................................................................................... 3
5. PRINCIPLES OF SERVICE PROVISION ............................................................................................... 5
6. LEGAL INCORPORATION ................................................................................................................. 5
7. RELATIONSHIP BETWEEN THE PARTIES .......................................................................................... 6
8. MANAGEMENT OF SERVICES GENERALLY ...................................................................................... 6
9. FINANCIAL MANAGEMENT ............................................................................................................. 7
10. SERVICE PLANNING ......................................................................................................................... 8
11. PERFORMANCE REVIEW ................................................................................................................. 9
12. REPORTS……………………………………………………………………………………………………………………………..……10
13 PARENT INPUT AND FEEDBACK…………………………………………………………………………………………………10
14. PROMOTION AND MARKETING………………………………………………………………………………………….……..10
15. MAINTENANCE AND INFRASTRUCTURE ..................................................................................... 111
16. COMPLIANCE WITH LAWS AND OUR POLICIES ............................................................................ 11
17. INSURANCE ................................................................................................................................... 11
18. INDEMNITY ................................................................................................................................... 11
19. VOLUNTARY SUSPENSION OF SERVICES ....................................................................................... 12
20. VARIATION, SEVERANCE, AND ENTIRE AGREEMENT.................................................................... 12
21. TERMINATION............................................................................................................................... 12
22. DISPUTE RESOLUTION .................................................................................................................. 13
23. COMMUNITY USE ......................................................................................................................... 13
24. OVERHOLDING .............................................................................................................................. 14
25. WINDING UP OF THE ASSOCIATION ............................................................................................. 14
26. STATEMENT OF AGREEMENT ....................................................................................................... 14
SIGNATURES .......................................................................................................................................... 15
AGREEMENT DETAILS SCHEDULE A .............................................................................................. 16
MARIBYRNONG EARLY YEARS ANNUAL SERVICE PLAN - SCHEDULE B ................................................. 18
SERVICE FUNDED PROJECT NOMINATION OUTLINE - SCHEDULE C...................................................... 22
SERVICE MANAGEMENT - SCHEDULE D ................................................................................................ 24
MEMORADUM OF UNDERSTANDING - SCHEDULE E ............................................................................ 25
1. PARTIES TO THE SERVICE AGREEMENT
This Service Agreement ('this Agreement') is made on the date specified in Schedule A.
It is between Maribyrnong City Council (‘the Council’) and the Organisation named in Schedule A (‘the Organisation’).
It relates to the Organisation's management and provision of long day child care and/or four year old kindergarten ('the Services'), and/or other early years activities (‘the Activities’), approved by Council, from the Premises identified in Schedule A (the ‘Premises’).
2. TERM OF THIS AGREEMENT
This Agreement will, unless terminated earlier, operate for the period specified in Schedule A ('Term').
3. BACKGROUND
This Agreement has been entered into against the following background:
A Council and the Organisation has entered into a Lease for the Premises for the purposes of the provision, by the Organisation, of Early Years Services, recognising that Council and the Organisation are committed to quality early childhood education, care, and health outcomes for all young children and their families in the City of Maribyrnong.
B In consideration for the Council granting to the Organisation the Lease the Organisation is required to enter this Service Agreement.
C The Organisation is an Incorporated Association under the Associations Incorporation Reform Act 2012.
D The Organisation holds licenses, approvals and certificates relevant and appropriate to operate under the Education and Care Services National Law Act 2010, and the Education and Care Services National Regulations 2018.
4. LEGISLATIVE BACKGROUND
Council and/or the Organisation has entered into funding arrangements with government and/or non-government bodies under which Council as owner of the premises requires that the Services comply with all relevant legislation, regulations and funding guidelines.
4.1 The Organisation agrees that it will:
4.1.1 comply with all relevant legislation, regulations and funding guidelines (as they exist at the commencement date of this Agreement and as they may be amended from
Maribyrnong Service Agreement Page 4
time to time during the term of this Agreement), including but not limited to the Education and Care Services National Law Act 2010, the Education and Care Services National Regulations 2018, the National Quality Standards; the DET Kindergarten Funding Guide, and the National Construction Code, as are amended from time to time);
4.1.2 be the approved provider and approved service provider of the education and care service with the Department of Education and Training (DET), under the Education and Care Services National Law Act 2010, and the Education and Care Services National Regulations 2018;
4.1.3 be approved by and legally responsible and liable for all obligations under the Family Assistance Law with the Commonwealth Department of Education and Training;
4.1.4 be registered with Australian Children’s Education and Care Quality Authority (ACECQA) maintaining a current and available quality improvement plan at all times; and holding Assessment and Rating documentation demonstrating an overall rating of Working Towards National Quality Standard or higher; including any minimum rating requirements to remain eligible for governmental funding;
4.1.5 comply with DET Part 1: Early Years Management Policy Framework, and Part 2: Early Years Management Kindergarten Operating Guidelines, where applicable;
4.1.6 operate in accordance with Child Safe Standards;
4.1.7 hold relevant policies of insurance;
4.1.8 be liable for any mismanagement of funds provided by the funding government body to the Organisation;
4.1.9 be responsible for employment and management of staff, finances and all operational matters in exercising day-to-day control and management of the Services;
4.2 The Organisation being the approved provider and approved service provider of the education and care service with the Department of Education and Training will:
4.2.1 hold current and maintain all necessary licenses, approvals, and certificates;
4.2.2 ensure that the business and service management systems are clear, and enable Key personnel, Responsible persons, staff members and others to:
• understand their respective legislative obligations; • immediately identify any legislative non-compliance; • be satisfied that the Services are compliant at all times; and • notify Council and take measures to promptly remedy any legislative non-
compliance;
Maribyrnong Service Agreement Page 5
4.2.3 ensure that all conditions and restrictions to which its Service licenses, approvals and certificates are subject are complied with; and
4.2.4 observe and comply with all Acts, Regulations and Local Laws, and Council policies as notified by Us to You in writing and agreed by You (such agreement not to be unreasonably withheld).
5. PRINCIPLES OF SERVICE PROVISION
Council and the Organisation agree to reflect the Council’s strategic directions and commitments under this Agreement, as expressed in the Maribyrnong Council Plan 2017-2021 and the Maribyrnong Municipal Early Years Plan (MEYP), as are adopted from time to time. This includes but is not limited to:
Engagement – community participation in the Service decision making is encouraged and promoted;
Developing strong partnerships – the Organisation and Council will work closely with and for our communities to achieve a shared vision for early years services.
Implementing social justice and equity - the Organisation and Council will pursue equal rights and equal opportunity for all children and families and will promote equitable access to the Service.
Transparency and accountability – have processes and make decisions that are open to public scrutiny;
Accessibility - work to remove the barriers that restrict access; support the needs, strengths and opportunities of our diverse community and act in the best interests of the community;
6. LEGAL INCORPORATION
The Organisation must maintain itself as an incorporated association under the Associations Incorporation Reform Act 2012. The Organisation will ensure its purposes and rules and operations:
6.1 are consistent with clause 4;
6.2 provide a management structure that is transparent, and accountable;
6.3 provide membership that is open to parents, residents and other members of the community;
6.4 prohibit the payment of dividends to members, and operate as a not for profit organisation; and
6.5 require the majority of members of the Committee of Management (‘the Committee’) or Parent Activity Groups are representative of parents whose children attend the Service.
Maribyrnong Service Agreement Page 6
The Organisation will provide to Council a copy of its association rules, and notify Council of any proposed amendments to its statement of purpose or rules.
7. RELATIONSHIP BETWEEN THE PARTIES
The Organisation must not, by virtue of this Agreement, be deemed to be Council’s legal employees, partners or agents, and must not represent itself as being Council employees, partners or agents.
8. MANAGEMENT OF SERVICES GENERALLY
A. Council acknowledges the important community contribution made by voluntary committees and Early Years Managers and seeks to forge stronger links with the Organisation, and to support it in its role through regular meetings, forums and municipal planning activities.
B. Council will continue to work in partnership with the Organisation to ensure that there are adequate facilities available across the municipality; that these buildings meet regulatory standards and that over time better integration of services is achieved for families with young children as opportunities arise.
C. Council will jointly explore with the Organisation strategies to improve access to services for families, including processes to monitor demand, more uniform CRS enrolment processes, better integration of service provision for families and exploration of a range of service models.
D. Council requires that Services seek annual training on Committee/Management responsibilities in providing for current legislative, funding and policy requirements upon early years’ service operators. Council will provide advice on accessing this training as requested by the Organisation.
E. For individual Services wishing to reduce their administrative responsibilities, Council will support committees to explore options for alternative service models (such as Early Years Management arrangements).
F. The Organisation is required to maintain and keep their service website linked to Council’s website to ensure the CRS registration process and information is accurate and consistent at all times.
G. Where community group/s are using the premises, the Organisation needs to ensure a hire use agreement is in place and a copy provided to Council (refer to attached Memorandum of Understanding Schedule E).
The Organisation will:
8.1 manage and co-ordinate all services provided under this Agreement to the highest possible standards.
8.2 be responsible for the day to day operation of the service
Maribyrnong Service Agreement Page 7
8.3 comply and administer the CRS in collaboration with Council and in line with the CRS Guidelines and other relevant Council policies as agreed and as amended by agreement from time to time;
8.4 develop and maintain a Business Plan for each term of this Agreement that reflects forward planning including a service specific Annual Service Plan for consideration by Council;
8.5 provide data as requested to inform Council’s local area planning and regularly consult and collaborate with Council in relation to planning for Services and Activities that respond to community demand and need;
8.6 prioritise core funded Services, being long day childcare and/or four year old kindergarten;
8.7 facilitate or support other early years Activities, as approved by Council and the Organisation (such approval not being unreasonably withheld);
8.8 actively explore and consult with Council, in good faith, alternative program models for the Services to respond to changing government policy direction and/or community need; where additional places are required by the community and opportunity exists for the service to provide additional places, these places will not unreasonably be withheld;
8.9 make arrangements for key representatives of the Organisation to attend and participate in meetings organised by Council to contribute to the ongoing knowledge and quality improvement of early years services in Maribyrnong (including but not limited to Partnership Group Meetings, Individual Service Meetings and Central Registration System related meetings);
8.10 make arrangements for the Organisation’s staff to participate in community activities/events and professional networks which enhance the provision of children’s services across the municipality;
8.11 establish and monitor customer feedback mechanisms and provide summary to Council; and
8.12 prepare and present annual refurbishment and renewal proposals for facility upgrades and refurbishments. Complete a project outline for Council’s consideration and approval for service funded projects.
9. FINANCIAL MANAGEMENT
The Organisation will:
9.1 be responsible for the financial management of the Service/s;
9.2 develop an Annual Budget that adequately provides for equality in income and expenditure (at a minimum), that considers fees at a level to facilitate community access, breaking even (or making a small surplus which, where practicable, the Organisation will re-invest into the Services). Services will not increase fees above 10% without prior consultation with Council;
Maribyrnong Service Agreement Page 8
9.3 forward to the nominated member of Council staff an audited Annual Report, for Early Years Management Services details of individual sites to be provided, and such other financial documents as detailed in Schedule A, and as Council may reasonably require from time to time;
9.4 immediately consult with Council if it appears that the Organisation’s Annual Budget may provide for a deficit or unanticipated issues occur which impact on the Organisation’s continued financial viability.
10. SERVICE PLANNING
10.1 The Organisation will prepare an Annual Service Plan within the terms of the Agreement by September each year for the subsequent calendar year commencing January. This plan is to be submitted to Council.
The plan should include, but not be limited to, the following:
10.1.1 number of 4 year old places/groups to be catered for and hours of operation (where applicable);
10.1.2 number of 3 year old activity groups to be conducted and their location (where applicable);
10.1.3 long day child care room configurations/service models to meet local demand;
10.1.4 new programs and activities to be conducted and participation targets;
10.1.5 service innovation and enhancement proposed;
10.1.6 proposed activities to link vulnerable families into local networks;
10.1.7 proposals in relation to fees and charges for the following year;
10.1.8 special activities planned;
10.1.9 promotional strategies;
10.1.10 proposals in relation to fund raising activities and goals;
10.1.11 local service network initiatives;
10.1.12 Plan and submit to Council a Service Funded Project Outline for service funded facility upgrades and refurbishments.
10.2 Council will:
10.2.1 maintain relevant information on Council’s website, including general early years services information and Central Registration System information;
Maribyrnong Service Agreement Page 9
10.2.2 provide information and advice on local, State and Federal policy developments and provide local area data supporting planning for early years services in the municipality;
10.2.3 administer the Central Registration System in line with CRS Guidelines, as amended from time to time;
10.2.4 investigate options for expanding the number of available places;
10.2.5 investigate options for maximising resources and achieving further service efficiencies;
10.2.6 consider options for relocating services to areas of highest need;
10.2.7 develop processes to enhance service integration with other complementary services;
10.2.8 develop community consultation processes to ensure collaborative decision making.
11. PERFORMANCE REVIEW
11.1 Responsibility for ongoing monitoring of the Agreement and Annual Service Plan will rest with the nominated member of Council staff who will meet with the Organisation on a quarterly basis to discuss sector/service related matters.
11.2 Council will raise any issues, concerns or complaints independently received in relation to the services with the Organisation for immediate action.
11.3 Specific performance targets will be negotiated and agreed between Council and the Organisation as part of the Annual Service Plan. Performance measures will be monitored on an ongoing basis by Council and issues of concern will be raised with the Organisation for action and resolution.
The Annual Service Plan should include but not limited to the following:
11.3.1 Program utilisation levels;
11.3.2 Fee collection and bad debt levels;
11.3.3 Progress towards performance against National Quality Standards / Assessment and Rating;
11.3.4 Program diversity and innovation;
11.3.5 Level and nature of consumer satisfaction;
11.3.6 Facility occupancy levels;
11.3.7 Maintenance and cleanliness of facilities.
Maribyrnong Service Agreement Page 10
Other performance measures will be negotiated from time to time. The Organisation is required to produce reports of these measures in a format required by Council.
12. REPORTS
12.1 The Organisation will:
12.1.1 maintain with Council accurate information, and provide to Council reports and performance information, at the times and in the manner described in Schedule A, regarding the Services and its outcomes.
12.1.2 provide Council, additional information, as may be reasonably requested from time to time.
13 PARENT INPUT AND FEEDBACK 13.1 The Organisation will:
13.1.1 develop a range of procedures to ensure all parents utilising the service have the
opportunity to contribute to decisions that influence their child’s education, suggest operational and planned program changes, comment on the service provided and are consulted in relation to any major changes proposed.
13.1.2 formally seek feedback from families on an annual basis and incorporate findings
from the feedback into quality improvement strategies, Business and Annual Service Plans.
13.1.3 establish and resource elected Parent Activity Groups.
13.2 Council will: 13.2.1 gather feedback from families that will assist Council to monitor the changing needs
and expectations of the community. 14 PROMOTION AND MARKETING The Organisation will: 14.1 ensure that utilisation of programs and existing facilities are maximised and develop
strategies to achieve this. 14.2 be responsible for all promotion, publicity and advertising in relation to the services 14.3 establish and/or promote a range of programs for children which meet community need. Council will continue to include the service in general information and will advise the Organisation of any relevant promotional activities.
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15. MAINTENANCE AND INFRASTRUCTURE
15.1 The Organisation will:
15.1.1 carry out, or cause to be carried out, any maintenance required in line with the Lease which has been executed by Council and the Organisation in relation to the Premises ('the Lease');
15.1.2 plan and facilitate the development of major grounds or building works relating to the Premises, either by negotiating with Council to achieve capital funding or by seeking Council approval for works to be carried out and financed by the Organisation;
15.1.3 provide details of facility upgrades and refurbishments as per Annual Service Plan.
15.2 Council will:
15.2.1 carry out, or cause to be carried out, any maintenance in line with the Lease which has been executed by Council and the Organisation in relation to the Premises.
15.2.2 support the Organisation with the submission of grant applications for funding as
informed and approved by Council. 15.2.3 continue to monitor and plan for the future infrastructure needs of the community.
16. COMPLIANCE WITH LAWS AND OUR POLICIES
The Organisation must, in carrying out obligations under this Agreement, comply with all relevant Acts, Regulations and Local Laws (including but not limited to staff awards, Workcover, Equal Opportunity Act 2010, Disability Discrimination Act 1992 (Cth), and any of Council policies as notified by Council to the Organisation in writing, (such approval not being unreasonably withheld).
17. INSURANCE
The Organisation agrees to maintain the insurance cover set out in Schedule A and to provide Council, upon renewal, with evidence that the insurance cover is current.
18. INDEMNITY
The Organisation will be liable for and will indemnify Council against liability in respect of all claims, costs and expenses and for all loss, damage, injury or death to persons or property caused by the Organisation in connection with the Organisation’s performance of obligations under this Agreement, except that the indemnity will be proportionally reduced to the extent that loss, damage, injury or death has been caused by Council negligence or default or by contamination in, on or emanating from the Premises (excluding contamination caused by the Organisation’s act or omission).
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19. VOLUNTARY SUSPENSION OF SERVICES
The Organisation must advise Council immediately of any decision to suspend the performance of the Service in part or in whole, including the reasons for the decision.
20. VARIATION, SEVERANCE, AND ENTIRE AGREEMENT
20.1 All requested variations must be forwarded in writing to the affected party.
20.2 No variation of this Agreement is binding unless it is agreed in writing and signed by the Organisation and Council prior to commencement. If approved it will be documented as an attachment to this Agreement.
20.3 If a court or tribunal says that any provision of this Agreement has no effect or interprets a provision to reduce an obligation or right, this does not invalidate any other provision of this Agreement.
20.4 This Agreement records the entire agreement between the Organisation and Council in relation to its subject matter.
21. TERMINATION
21.1 Termination for Default by the Organisation
If the Organisation fails to fulfil, or is in breach of any obligations under this Agreement, Council may, without limiting any other rights that Council may have, give the Organisation notice requiring the Organisation to rectify the omission or breach within a specified time or asking the Organisation to show cause why Council should not exercise Council’s powers contained in this clause.
21.2 Immediate Termination
If:
21.2.1 notice is served on or proceedings are taken to cancel the Organisation’s incorporation or to dissolve the Organisation as a legal entity;
21.2.2 the Organisation become insolvent;
21.2.3 the Organisation comes under or an order is made for the purpose of placing the Organisation under external administration;
21.2.4 the Organisation is unable to pay any debts owed by the Organisation;
21.2.5 the Organisation is in breach of clause 17;
21.2.6 the Organisation places itself in a position where there is a conflict of interest between the Organisation’s interests and obligations under this Agreement;
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21.2.7 the Organisation attempts to assign their interests under this Agreement to another;
21.2.8 the Organisation’s license and approvals with DET under the Education and Care Services National Law Act 2010, and the Education and Care Services National Regulations 2018 is cancelled or otherwise ends; or
21.2.9 Council terminates the Lease.
Council may immediately terminate this Agreement by giving written notice to the Organisation of the termination, which immediately terminates the Lease.
22. DISPUTE RESOLUTION
If a dispute arises during the term of this Agreement, then both Council and the Organisation must meet and attempt, in good faith, to resolve the dispute within ten (10) business days. If the dispute is not resolved within this timeframe from the meeting taking place, either Council and the Organisation may refer the dispute to a mediator agreed to by Council and the Organisation (or, if we cannot agree on a mediator, as appointed by Council). Any mediation costs will be equally borne between the parties.
23. COMMUNITY USE
23.1 The Organisation in complying with Clause 14.7 of the Lease as applicable and provide a copy to Council.
23.2 If:
23.2.1 The Organisation requests Council to do so, and with Council approval; or
23.2.2 Council are reasonably satisfied that the Premises are not being used to their optimum capacity, and it is reasonable to lease or license the Premises to an early years or related group;
23.2.3 the activities undertaken by the early years or related group will not adversely affect the delivery or financial performance of the Services; and
23.2.4 the early years or related group has entered into acceptable occupancy arrangements with the Organisation, which have been approved by Council.
Council may propose amendments to the Agreement and/or Lease to enable the Organisation or Council to lease or license the Premises or sections of the Premises to the early years or related group. In that event, all parties will liaise in good faith, on amending the Agreement and/or Lease to enable this to be achieved.
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24. OVERHOLDING
If the Organisation continues to operate the Services after the end of the Term, without objection by Council:
24.1 The Organisation continues to operate the Services subject to the same terms and conditions as contained in this Agreement; and
24.2 Council and the Organisation may end this Agreement during any period of overholding by giving 30 days written notice to the other party expiring at any time.
25. WINDING UP OF THE ASSOCIATION
In the event of the winding up of the incorporation association, the Organisation must distribute the assets in accordance with the Organisations’ legal obligations (including any obligations set out in the incorporated association's Rules).
26. STATEMENT OF AGREEMENT
This Agreement has been entered into in good faith by the Organisation and Council, and it represents the firm intention of the parties at the time of signing.
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SIGNATURES
Signed for and on behalf of
Maribyrnong City Council
Name: .......................................................
Position: .....................................................
Date: ..................................................... ……………………………………………………
(signed)
ABN: 86 517 839 961
Address: Corner Hyde and Napier Streets, Footscray, 3011
Fax: (03) 9687 7793
Email: [email protected]
«Organisation_Name»
Name: .....................................................
Position: .....................................................
Date: ..................................................... ……………………………………………………
(signed)
ABN: «ABN»
Address: «Organisation_Address»
Fax: «Fax»
Email: «Email»
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AGREEMENT DETAILS SCHEDULE A
A1. Name and Address of Organisation (clause 1):
A2. Name of Approved Provider:
Approved Places:
A3. Name of Approved Service:
A4. Name and Address of Service: (clause 1):
A5. Term (clause 2)
From XX to XX
A6. Reporting Obligations (clauses 9.3 and 12)
Quarterly or as required
• Invoices as required under the Lease for payment by Council • Grant acquittal with Government or other funding organisations (where
applicable); • Overall % of service utilisation • Licensed vs operational capacity (per room/group/overall) • Monitoring meetings of Service Agreement • Agenda items 5 working days prior to service specific meetings • Grease trap service and maintenance history i.e. emptying of unit (4 times per
year)
Annually or as required
• Business Plan for the Organisation • Annual Service Plan by September each year for the subsequent calendar year
commencing in January • Review of Annual Service Plan • Annual General Meeting minutes, within twenty one (21) days following the
holding of the Annual General inclusive of: o Audited financial statement (as required by Associations Incorporation Reform
Act 2012), prepared by a certified practicing accountant o Chairperson report o Treasurer report o Manager report
• Data and information as requested by Council for the smooth functioning of
Central Registration System for the purposes on managing fair and equitable access to services for families.
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• Data and information as requested by Council to support local area planning for early years services across the municipality.
• Update the key and swipe card register and advise Council of holders within 30
days of Annual General Meeting.
• Copies of: o Insurance Policy - Certificate of Currency o Certificate of Incorporation and Statement of purpose and (Associations
Incorporation Reform Act 2012) o Licenses, Approvals and Certificates to operate the Education and Care Service o Assessment and Rating Notice and Report from ACECQA - Australian
Children’s Education and Care Quality Authority o Plans/reports as required by relevant legislation or Council (where applicable),
including but not limited to: o Area Measurement Certificate (indoor and outdoor) if any change in area
measurements or after service funded upgrade and refurbishment works to approved premises
o independent playground compliance audit following service funded upgrade or refurbishment works to the outdoor play space
o essential services o health and safety i.e. third party food safety audits o site hazard analysis and management o electrical appliance audit/tagging o the activities conducted by the Tenant during the preceding year and,
where applicable, a list of the groups which have used the Premises and a list of times at which the Premises were used
o the office bearers appointed to the Tenant, contact details, position held and the length of term of the office of each office bearer within a month after the Annual General Meeting.
If there is any change in any of the documents submitted to Council, the Organisation must, as soon as is reasonably practicable, inform Council in writing of that change.
Insurance Policies and Cover (clause 17): Public liability $20 million - Covering the operation of the Services and the Lease, and including: • Professional indemnity
• Directors and officers liability
• Business interruption
• Misappropriation of funds
• Volunteers insurance
• Money on premises and in transit
• Contents
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MARIBYRNONG EARLY YEARS ANNUAL SERVICE PLAN - SCHEDULE B
Date: ____ / ____ / 20___
Service Name: __________________________________________________________
Hours of operation: ________ am / _______ pm Number of current funded kindergarten places: __________
FEES CHARGED (please attach your fee schedule and information)
Service Type Hours per week
Fee per day (as applicable)
Fee per week (as applicable)
Fee per term (as applicable)
LDC
3yo activity program
4yo kindergarten
4yo kindergarten wrap around care
Do you charge a holding fee/deposit? Yes No Refundable: Yes No
Has your service increased its fees? Yes No Please specify:
Please attach your “Bad Debt” or fee recovery policy and procedure.
Current Utilisation Level? ___________ %
If the service is not fully utilised what actions are in place to promote the service?
Funded Kindergarten Program - Please indicate the name and session times for each kindergarten group.
Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7
Mon
Tues
Wed
Thurs
Fri
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OTHER PROGRAMS - Please indicate other early years programs/activities, functions, events and meetings that operate from this facility. Please attach copies of Memorandum of Understanding for use of facilities where applicable.
USAGE SUMMARY:
Total hours used per week: _____ hours
Total hours used per year: _____ (hours per week) x _____ (weeks per year) = _____ hours
Daily Average: _____ (hours per week) /_____ (days per week) = _____ hours
*Shade each box accordingly to indicate usage
7am 8am 9am 10am 11am 12pm 1pm 2pm 3pm 4pm 5pm 6pm 7pm 8pm 9pm 10pm 11pm 12am
Mon
Tues
Wed
Thur
Fri
Sat
Sun
COMMENTS (please tick as applicable)
This facility is used for:
Long day childcare
4yo kindergarten
3yo activity groups
4yo wrap around care for 4yo kindergarten
Playgroups
Meetings
Community use
Other – please specify
Please note any new programs you are intending to run with identified participation targets and associated budget forecast.
Please note any activities and associated budget forecast you are putting into place to support and engage with families at risk of vulnerability.
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Please note any innovative practices planned and associated budget forecast, who they are targeting and when they occur.
Please note the promotional strategies and associated budget forecast you have in place for your service.
QUALITY DEVELOPMENT AND CONTINUOUS IMPROVEMENT
Please note the key priority areas in the Organisation’s Business Plan that the service is working towards this year.
Priority 1
Priority 2
Priority 3
Priority 4
Priority 5
What is your current ACECQA Rating (please circle as applicable)?
Excellent Exceeding Meeting Working Towards Significant Improvements Required
Please note the key areas you are working on in your Quality Improvement Plan (QIP).
Please note the strategies you have in place to consult with and engage the service users.
Children:
Parents/Guardians:
FACILITY MANAGEMENT
Please note any plans you have to upgrade the approved premises, replace equipment or staff resources.
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GENERAL
Please comment on any other issues the service is facing now and into the future.
Thank you for completing your Annual Service Plan, your input is appreciated.
The information requested is being collected by the Maribyrnong City Council for the collation of statistical data concerning early childhood service provision and usage in the municipality. The information will be used solely by the Maribyrnong City Council for that primary purpose or directly related purposes.
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SERVICE FUNDED PROJECT NOMINATION OUTLINE - SCHEDULE C
This template must be completed for all service funded projects and submitted to Council for their consideration prior to commencement of works. Service Name: ________________________________________________________________________ Project title: __________________________________________________________________________
Brief description of proposed project.
Describe how the need for this proposal arose (i.e. supporting Government Policy/Legislative requirements, Lease and Service Agreement), and outcomes sought, listing significant benefits.
Describe the current condition of the existing asset (where applicable).
Will any existing asset(s) be retired or decommissioned (where applicable)?
Provide details of all other options which have been considered.
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Detail what approvals are required and how and when these will be obtained (i.e. planning or building permits, statutory authorities).
Timing – Why is this project being proposed now?
Project Budget
Funding (please tick and insert amount) □ Service reserve funds - $ □ Local Contributions - $ □ Grant Funds - $ □ Other: ____________________ $
Total Cost $: Prepared By (Please print name):_____________________________________________________________ Signature: _________________________________________________________ Date: / / 20 To be completed by Maribyrnong City Council Is the proposal capital renewal expenditure? Yes No Recommendation: 1. Proposal supported in principle (contact service and request for supporting documentation).
Supporting documentation may include but not limited to: • Obtained Quote • Concept plan/Detail Drawings/Specifications • Permits, as applicable • Contractor details • Contractor insurance (evidence of currency for public and product liability insurance) • Safe Work Method Statement for proposed project • Site plan identifying location of works
2. Proposal not supported (contact service and give reasons)
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SERVICE MANAGEMENT INFORMATION - SCHEDULE D
Service Name: ________________________________________________________________________ Management Model (please tick one):
1 Committee of Management
Frequency, day and time of Committee Meetings (e.g. every second Tuesday, each month, from 7-9pm): ______________________________________________________________________________
AGM Date: _____ /_____ / ______
Committee of Management Members (attach extra page if needed)
Name Position Phone Mobile Email
President
Assistant President
Secretary
Treasurer
Secretary
General Member (Name only)
Fund Raising Coordinator
General Member (Name only)
General Member (Name only)
General Member (Name only)
2 Early Years Management
Area Manager Name: ____________________________________________________________
Email: ________________________________________________________________________
Telephone:________________________________ Mobile:______________________________
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MEMORADUM OF UNDERSTANDING - SCHEDULE E
between
(SERVICE name) and (COMMUNITY GROUP/PROVIDER name)
For the use of (ROOM name)
1. Purpose
• To have clear and consistent lines of communication between the Service and Community group • To promote an ongoing positive relationship of mutual benefit • To encourage and support information exchange between the Services and Community groups • To ensure everyone has relevant, up to date information on services, activities, premises issues
and community events • The Service has ensured all requirements under the Lease and Service Agreement have been
complied under the MOU. All special conditions have been documented accordingly.
2. Scope
All Community Groups/Providers facilitating community activities (by approval from Council) and the Organisation responsible for the Services and Lease.
3. Community Group/Provider Details Name of group: ____________________________________________________________________
Name of primary contact: ____________________________________________________________
Address: ___________________________________________________________Post Code: ______
Phone number: (BH) __________________ (AH) ___________________ Mobile: ________________
Email: ____________________________________________________________________________
ABN or Incorporation Number (if applicable): _____________________________________________
4. Description of Activity
Start date of use: ________________________ End date of use: ___________________________
Frequency of Use (please tick): Weekly Fortnightly Monthly Annually
Will the activity operate during school holidays? Yes No
Will the activity operate during public holidays? Yes No
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Booking times:
Day Arrival/Set up time Finish/Pack up and Cleaning time Total hours Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Please Note: Access to the room is restricted to approved hours. Set up and pack up/cleaning time must be included in the booked times. If additional days and times are required please complete a Variation Form and submit for approval prior to the activity date.
One month’s written notice to be given by either party to change days/ times. Changes should occur where possible by agreement. The Service is required to give the Community Group/Provider adequate notice if the centre is closed e.g. Public Holidays, staff training days.
Brief description of use: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
5. Communication
The Community Group/Provider shall provide the Service with an up to date mailing and telephone list of office holders. Positive communication between the Service and the Community Group/Provider is an important part of sharing the same space. Exchanging information, news and discussing issues respectfully and to achieve agreed outcomes is encouraged. The Community group should in the first instance direct any queries or concerns to:
Service representative: ______________________________________________________________
6. Safety
All Community Groups/Providers are responsible to adhere to emergency procedures regardless of when they use the room. Emergency procedures for this Community Group/Provider are: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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• Supervision of children is the responsibility of their parents/guardians. • First Aid kit and location – responsibility of each:
o Service: o Community Group/Provider:
7. Storage
Community groups are entitled to by agreement (please tick):
Yes No Comments
Access to a kitchen
Access to a kitchen cupboard
Access to coffee/tea/milk/sugar
Allocated internal storage space
Indoor equipment
Outdoor equipment
Telephone
Photocopier/fax
Other
As space is shared with other community groups:
• efficient storage must be used e.g. see through and stackable containers • purchase of large items should be kept to a minimum • storage area must be left tidy at all times
8. Insurance (one must be ticked YES)
Current Public Liability Insurance is a mandatory condition of use. The user group or provider must hold a Public Liability Policy for a minimum of $10million of any one single event e.g. Playgroup Victoria etc.
The Community Group/Provider operates under the: Service’s insurance: Yes No Comments: ______________________________________________________________________ Community Group’s/Provider insurance: Yes No Comments: ______________________________________________________________________
A certificate of currency of insurance must be provided to Council attached to the MOU and upon renewal of policy.
Public Liability Insurance certificate of currency attached? Yes No
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9. Keys and swipe cards arrangements (where applicable)
Keys and swipe cards should be collected from and returned to: Name: ________________________________________________ each day.
The following section needs to be completed by the Community Group/Provider with regular use of the room:
Key/swipe card holder name: _________________________________________________________
Address: _______________________________________________________ Post Code: _________
Phone number: (BH) ________________ (AH) ________________ Mobile: _____________________
Email: ____________________________________________________________________________
Key/Swipe Card Number/s: ___________________________________________________________
Key/swipe card holder signature: ____________________________________ Date: ____ /____ /20
10. Maintenance
All maintenance issues should be referred to:
Name: ________________________________________________ as soon as possible.
Costs to repair or replace broken equipment will be discussed and agreed between the parties.
11. Cleaning
The Community Group/Provider is responsible for the cleaning of the area used and for leaving the room in a clean and tidy condition. This includes: • All rubbish to be taken from the room after each use • The Community Group/Provider to provide their own plastic garbage bags, cleaning products
and cleaning equipment. • All surfaces including tables, chairs, stove, bench tops and sinks to be wiped clean. • All floors must be left clear of rubbish. • Spills are to be swept and/or wiped as required. • The Community Group/Provider is responsible for storing any equipment used in the
appropriate place including tables and chairs stacked in the store room after wiping. • All brooms, dust pan and vacuum cleaner to be returned to the store room. • Clean all whiteboards, where applicable. • All decorations/posters are to be removed at the end of each session. • Foyer/common shared areas need to be kept tidy.
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12. Fees/charges (where applicable)
A fee/charge of: $________________ (including GST)
Payment is due: Weekly Per term In advance Other
Comments: _____________________________________________________
All fees/charges will be reviewed in _____________ (month) of each year.
13. Dispute resolution
If a dispute arises concerning this Memorandum of Understanding (MOU), then the Service and the Community Group/Provider must meet and attempt, in good faith, to resolve the dispute. If the dispute is not resolved within the agreed timeframe from the meeting taking place, either party may refer the dispute to Maribyrnong City Council - Early Years. Should the matter remain unresolved, an independent mediator, agreed to by the Service and the Community Group/Provider will be appointed (or will be appointed by Maribyrnong City Council if there is no agreement) to resolve the matter. Any mediation costs will be equally borne between the Service and the Community Group/Provider.
14. General comments/additions __________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
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15. Signatures
I/We have read and understood the conditions of use and agree to comply with all requirements described in the document.
Print Full Name: ____________________________________________________________________
Name of Organisation or Provider: _____________________________________________________
Position: __________________________________________________________________________
Signature of Community Group/Provider Representative: _____________________________________________________________ Date: ____ /____ /_____
Service Officer (Please print name): ____________________________________________________ Signed (Service):_______________________________________________ Date: ____ /_____ /____ Service Officer (Please print name): ____________________________________________________ Council Officer: _______________________________________________ Date: ____ /____ /_____
Council consents and has full knowledge of the agreement between the Service and Community Group/Provider.
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Notice of Cancellation
Name of Community Group/Provider: _____________________________________________________ Room/s to be cancelled (Please specify) ____________________________________________________ Date of cancellation: _______ /_______ /_______ Reason for cancellation: ________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Cancellation notice can be forwarded to the Service by mail, email or in person. Name of Community Group/Provider Representative (please print):
_____________________________________________________________________________________
Signature of Community Group/Provider Representative:
_____________________________________________________________ Date: ____ /____ /_____
Office Use Only Service Representative Name (please print):___________________________________________________ Service Representative Signature: ____________________________ Date received: ____ /____ /_____