THIS SERVICES AGREEMENT is made this sixth day of December 2012
BETWEEN:
KAMERUNGA VILLAS
GROUP TITLES PLAN NO 70286 (BODY CORPORATE)
And
THE CONTRACTOR
INSTYLE MAINTENANCE AND LANDSCAPING
EMAIL ADDRESS shane@instyle maintenance.com.au
PHONE 0467492225
Services
1. Kamerunga Villas engages the Contractor to provide, and the Contractor agrees to provide, the services set out in Annex 1 (Services) on the terms and conditions set out in this Agreement.
Standard of Work
2. In providing the Services to, the Contract Kamerunga Villas:
2.1 Shall exercise reasonable skill, care and diligence and shall apply the highest professional standards;
2.2 Shall observe current published policies of Kamerunga Villas relating to Health and Safety, Bullying and Harassment, Discrimination.
2.3. 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 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;
2.5 Unless otherwise agreed shall provide all equipment and materials;
Term
3. This Agreement shall be deemed to commence on 10 December 2012 and shall continue until 30 April 2014
Other Work
4. The Contractor will not be restricted to providing services for the Kamerunga Villas, and nothing in this Agreement will prevent the Contractor from providing services to anyone else, provided that such provision of services does not interfere or conflict with the provision of the Services to the Kamerunga Villas pursuant to this Agreement.
Remuneration and Expenses
5.1 The Contractor shall be paid the fee set out in Annex 2 in accordance with the payment arrangements set out in Annex 2.
5.3 The Contractor 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
6. The Contractor shall maintain in force for the duration of this agreement adequate public liability.
Relationship between the parties
7.1 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.
7.2 At no time shall the Contractor represent himself or hold himself out as an employee of the Kamerunga Villas.
Assignment of interest
8. The Contractor may not sub-contract, assign, transfer, mortgage or part with this Agreement or any of its rights, duties or obligations under this Agreement without prior written consent from the Kamerunga Villas.
Termination
9.1 Notwithstanding Clause 3, 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:
9.1.1 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;
9.1.2 Persistently neglects, fails or refuses for whatever reason to perform to the satisfaction of the Kamerunga Villas, the Services which are to be provided under this Agreement;
9.1.3 The Contractor 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 Contractor 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 Contractor.
9.2 In the event of the termination of this Agreement Kamerunga Villas shall only be liable to the Contractor 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
P Grant Chairman
………………………………….
By the Contractor
……………………………………
ANNEX 1
KAMERUNGA VILLAS GARDENING CONTRACT
The Contracted Services
- Manage and control lawns of all Kamerunga Villas common property
2 In the dry season grass will be mowed three per month.
3 In the wet season grass will be moved twice per month
4 Grass catcher is to be used on mower in all common ground walking and recreational areas.
5 Where it is not possible to mow the contract price will include whipper snipping and/or edging including steep banks, fence lines, pond banks, footpaths, gullies, depressions and common property side of private fences.
6 Area to be mowed also includes the grass outside the Villas along the fence in line with Villa 73.
7 Removal of all fallen branches, fronds and plant material littering the common property to the green waste dump.
8 Management of common garden areas encompassing rubbish removal and weed control.
9 Ongoing maintenance of irrigation system and bore pumps, sprinkler systems, waterfalls and runoffs. This also includes the adjustments of water levels and associated pump flow.
10 Organise the removal of green waste from the dump site as necessary.
11 All tins, bottles, plastic bags and floating rubbish are to be removed from pond surfaces. Carry out regular pruning of vegetation around waterfalls and cascades.
12 Prepare gardeners report for presentation at all Body Corporate Meeting.
13 Attend Body Corporate Meetings if requested.
14 Contract Exclusions
a All damage from cyclone winds, storm damage and all unusual weather events.
b Annual servicing of the irrigation and pump systems.
c Aquatic weed control
d Major garden refurbishment
e Plant replacement
f Major weed infestation, control of noxious weeds such as bean vine and sensitive weed, control of weed infestation will be quoted and priced separately from this contract. Pricing for additional work is be done through the Secretary.
15 Poisons used to control weeds will be purchased separately from this agreement at Body Corporate cost. Kamerunga Villa Representative is to be informed of any such purchase and receipt supplied.
Kamerunga Villas Representative
Paul Grant (Body Corporate Chairman)
Villa 3
Phone No 40552997
Email address [email protected]
ANNEX 2
GARDENING PAYMENT DETAILS
- The total fee of $52745 shall be paid as follows:
- 12 x $4395 payments will be available for payment on a monthly basis.
- Contractor will be required to forward an Invoice to Body Corporate Managers detailing required payment.
- Addition cost e.g. purchase of poisons, slashing of long grass etc. is to be included on the Invoice (these costs are to be verified by the Body Corporate Representative)