KAMERUNGA VILLAS

Kamerunga Villas

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Caretakers Contract

THIS SERVICES AGREEMENT   is made this                                        21st   day of   August       2012

                                                           

BETWEEN:

KAMERUNGA VILLAS

GROUP TITLES PLAN NO 70286 (BODY CORPORATE)

And

Phil Wheeler

Unit 73 Kamerunga Villas

Phone   043512351        email address    [email protected]

Services

1.             Kamerunga Villas engages the Contractor to provide, and the Contractor agrees to provide, the services set out in Annex 1 on the terms and conditions set out in this Agreement.

Standard of Work

2.             In providing the Services to Kamerunga Villas:

2.1           The caretaker shall  exercise  reasonable  skill,  care  and  diligence  and  shall  apply  the highest professional standards;

2.2           The caretaker shall observe current published policies of Kamerunga Villas relating to Health and Safety, Bullying, Harassment and Discrimination.

2.3.          The caretaker shall do nothing which is likely to bring Kamerunga Villas into disrepute or which is materially contrary to the interests of Kamerunga Villas.

2.4           The caretaker may apply his own method of work and shall comply with the reasonable requests  of  the  Kamerunga Villas  Representative  named  in  Annex  1  or  that person’s designate as to the effective performance of the Services;

Term

3.             This Agreement shall be deemed to commence on 01 September 2012 and shall continue until  31August 2013                  .

Remuneration and Expenses

4.1           The caretaker shall be paid the fee set out in Annex 2 in accordance with the payment arrangements set out in Annex 2.

4.3           The caretaker shall be wholly responsible for all income and other similar contributions or taxes which may be payable out of, or as a result of the receipt of, any fees or other monies paid or payable by the Kamerunga Villas under this Agreement.

Insurance

5.             The caretaker shall maintain in force for the duration of this agreement adequate public liability.

Relationship between the parties

6.1           Nothing in this Agreement shall be construed as constituting a partnership between the parties or as constituting either party as the agent or employee of the other for any purpose.

6.2           At no time shall the Contractor represent himself or hold himself out as an employee of the Kamerunga Villas.

Termination

7.1           The Kamerunga Villas shall be entitled to terminate this Agreement  with  immediate  effect  and  without  any  compensation  or damages due to the Contractor, but without prejudice to any other rights or remedies the Kamerunga Villas may have, if the Contractor:

7.1.1      Commits a serious breach of the terms of this Agreement which the Contractor fails to remedy within 14 days of receipt of written notice from the Kamerunga Villas specifying the breach and requesting specific remedy;

7.1.2      Persistently  neglects,  fails  or  refuses  for  whatever  reason  to perform to the satisfaction of the Services Kamerunga Villas which are to be provided under this Agreement;

7.1.3      The caretaker may also terminate the Contract by  giving  the  Kamerunga Villas  at  least  28  days'  prior  written  notice  without establishing any breach of contract by the Kamerunga Villas.  In either event, the Kamerunga Villas shall pay the caretaker the proportion of the fees which relate to work properly and necessarily carried out up until expiry of the notice but the Kamerunga Villas shall not be liable for any other loss or expense suffered by The caretaker.

7.2           In the event of the termination of this Agreement the Kamerunga Villas shall only be liable to The caretaker in respect of fees and expenses in accordance with the terms of this Agreement up to the effective date of termination.

 

AGREED by the Parties through their authorised signatories:

For and on behalf of the Kamerunga Villas

 

 

……………………………………                          ……………………………………

Stephanie Usher (Chair Person)                                    Roger Woodman (Secretary)

By the Contractor

 

 ……………………………………

  Phil Wheeler

 

 

ANNEX 1

KAMERUNGA VILLAS CARETAKING CONTRACT

CARETAKERS DUTIES AND RESPONSBILITIES

  1. Caretaker must be available to carry out his duties at reasonable times during the day (7.30 AM to 5.30 PM), if absent from the complex for any extended period the Body Corporate must be informed and the Caretaker with Body Corporate approval may appoint at his own cost a Deputy Caretaker.
  2. Be available to answer and report any question or complaint made by a Villa resident, if not sure of his/her response he/she should seek advice from a Body Corporate a Committee Member.
  3. Supervise contractors engaged by the Body Corporate in maintenance, cleaning and gardening.
  4. Meet with contractors tasked with carrying the above services and direct them to the site. On completion of the contractors services to the best of his/her ability ensure completion of task is satisfactory and report to the Body Corporate so that payment may be made.
  5. Record and report to Body Corporate the registration number, vehicle details and Villa Number (if known) of any vehicle observed speeding in the complex.
  6. Attend meetings of the Body Corporate and provide a Caretakers report.
  7. Warn children of the dangers of riding bikes in the complex without a safety helmet and if possible obtain a Villa number of his or her residence and report details to a Body Corporate Committee Representative so parents may be advised.
  8. Keep in his/her possession keys to all common areas and release them to authorised personnel that may require them on a short term basis obtaining a signature out/in.
  9. On a daily basis take a walk around the complex reporting the following to the Body Corporate Committee Representative.
  1. Water leaks.
  2. Dangerous situations that may affect the Health and safety of Villa residents.
  3. Damage to Common Property.
  1. Carry out any other fair and reasonable task that may be from time to time requested by the Kamerunga Villa Representative.
  2. Report to the Body Corporate details of any illegal parking of vehicles on common ground or roads within the complex.
  3. Place garbage bins in the recreational area prior to collection day.
  4. Check recreational toilet and clean if necessary.
  5. Maintain a pet register of all pets residing in the complex and keep up to date, recording all relevant information IAW the appropriate by-law’s.

 

KAMERUNGA VILLAS REPRESENTATIVE

Paul Grant

Unit 3 Kamerunga Villas

Phone 40552997   [email protected]

 

 

ANNEX 2

1.       The total fee of $12000 shall be paid as follows:

2.       12 x $1000 payments will be available for payment on a monthly basis.

3.       Contractor will be required to forward an Invoice to SSKB detailing required payment.

4.       Addition cost e.g. purchase of any item necessary to carry out the services laid down in Annex 1, in addition replacement keys or locks, these costs will verified by the Kamerunga Villa representative via receipts and included as a separate item on your monthly claim for payment