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HOLIDAY PARK MANAGEMENT CONTRACT
Swansea Gardens Lakeside Holiday Park
Contents
How to apply ........................................................................................................................... 3
Selection criteria ..................................................................................................................... 4
Park overview ......................................................................................................................... 6
Appendix 1 - Financial statements .......................................................................................... 8
Appendix 2 Draft management contract ................................................................................. 9
lakemacholidayparks.com.au
HOLIDAY PARK MANAGEMENT CONTRACT
Swansea Gardens Lakeside Holiday Park
Applications are invited from enthusiastic and motivated people interested in managing Swansea Gardens Lakeside Holiday Park, one of Lake Macquarie City Council’s four holiday parks.
Swansea Gardens Lakeside Holiday Park is a 382 site park located on the western side of the lake entrance at Swansea. The park comprises a range of tourist facilities and accommodation including villas, cabins, caravan, and camping sites. There are also 165 leased residential and holiday van sites in the park.
The successful management team will be required to undertake all activities at the park, including office reception and site bookings, amenities and on-site accommodation cleaning, ground maintenance, building maintenance, pool maintenance, holiday activities, and marketing. The managers must employ assistant managers to support the operation and maintenance of the park.
The successful applicants must have at least three years of experience managing a holiday park with skills to operate a customer focused, economically and environmentally sustainable holiday park.
The contract is for a three-year and six month period commencing on 27 November 2017.
An attractive remuneration package is available which contains a base payment plus incentive payments based on the level of annual income derived from the park. On-site accommodation for both managers and assistant managers is provided by Council as part of the contract.
Enquiries
Contact Geoff Darby on (02) 4921 0224 or Alannah Totterdell on (02) 4921 0346.
Closing date
5pm Monday 4 September 2017
How to apply
Please read the following carefully as it is designed to assist you to understand the selection process.
What to include in your application?
A covering letter addressed to the Manager Property and Business Development,Lake Macquarie City Council.
A clear and brief Curriculum Vitae for each applicant.
A separate document addressing your qualifications and experience against each ofthe essential, highly desirable and desirable criteria. This is clearly stated in theSelection Criteria Description.
When addressing the selection criteria it is not sufficient to state that you meet thecriteria. You must demonstrate that you meet each selection criteria by usingrelevant examples to substantiate your claim. This means clear statements thatdescribe how you consider yourself suitable against each selection criteria. As anapplicant, it is your responsibility to demonstrate how you meet the selection criteria.If your application does not address or meet the selection criteria your applicationmay not be considered.
How to apply
Applications must be submitted via email to: [email protected]
All applications must be received by the closing date, 5pm Monday 4 September 2017.
The Recruitment and Selection Process
You will be contacted within 28 days from the closing date of the advertisement by email or telephone if you are to receive an interview.
A pre-employment medical examination may be required by the successful applicant/applicants before commencement of the management contract.
Enquiries
Please direct enquiries to Geoff Darby on (02) 4921 0224 or Alannah Totterdell on (02) 4921 0346.
Selection criteria
Management Contract
Swansea Gardens Lakeside Holiday Park
Position Title: Management Contract – Swansea Gardens Lakeside Holiday Park
Occupant:
Reports to: Holiday Parks Coordinator
Division: Corporate Services
Department: Property & Business Development
Section: N/A
Effective Date: 27 November 2017
1 Organisational and Purpose Context
The Property & Business Development Department is a Category 1 Business Unit of Council, dedicated to the management of Council’s operational real estate assets, to maximise recurring income to Council. Included in the Department’s functions is the responsibility for the operation of Council’s four holiday parks (totalling 791 sites).
The Contract Managers for Swansea Gardens Lakeside Holiday Park report to the Holiday Parks Co-ordinator, Property and Business Development, and are responsible for ensuring that the parks offer the highest standard of tourist facilities and operate in such a manner as to maximise returns and achieve pre-determined occupancy targets.
2 Key Selection Criteria
Essential
Minimum three years’ experience managing a caravan/holiday park
Good oral and written communication and inter personal skills with a demonstrated ability to communicate clearly with people.
Demonstrated ability to provide excellent customer service
Knowledge of statutory provisions as they apply to holiday/caravan park operations.
Experience in use of a Booking/Reservation Management System including online bookings
Experience in the use of Microsoft Office suite of applications
Demonstrated ability to co-ordinate people, resources and activities.
Knowledge of Work Health and Safety legislation, regulations, and responsibilities.
Current NSW Driver’s License.
Highly Desirable
Experience in budget development and control
Demonstrated successful negotiation and problem solving skills
Experience in use of a Compliance/Asset Management System
General knowledge of tourism marketing and promotion procedures.
3 Duties
As set out in the Management Contract
4 Personal Characteristics
Honest and trustworthy
Conscientious and hard working
Results and Service orientated
Practical
Positive attitude
Respectful to others
Loyal to staff and the Council
Willing to embrace change
Park overview
Swansea Gardens Lakeside Holiday Park
Location 15 Wallarah Street,
Swansea NSW 2281
Land description
Swansea is situated on the eastern side of Lake Macquarie and forms part of the foreshore of the Swansea channel.
The Park is an integral part of the local open space network and adjoins environmentally sensitive lands, which are part of Coon Island.
The site is approximately 10.8 hectares
Management Contract Managers operate the park under the administration of Council.(Property Services) 3 year contract
Land Zoning Zone 6(1) Open Space
Caravan Parks permissible with the consent of Council
Regulated under Section 68 Local Government Act
Sites Total number of Sites 382
16 Permanent Residents 148 Holiday Vans (12 month agreement) 157 Tourist sites
44 camp sites 17 Cabins
Amenities 3 amenities blocks
Solar heated resort style swimming pool
Mini golf course
Playground
BBQ areas
Half basketball court
Tennis court
Campers kitchen and recreation room
Appendix 1 - Financial statements
RC 7451 - SWANSEA HOLIDAY PARK
A/c - Project Description 2016/17
Actual
2017/18
Estimate
2018/19
Estimate
2019/20
Estimate
Revenue Caravan Parks User Charges 2,388,613 2,343,662 2,413,972 2,486,391
Total Revenue 2,388,613 2,343,662 2,413,972
2,486,391
Operating Expenses Training/Travel 335 657 684 711
Materials 49,642 57,750 61,215 64,888
Office Expenses 1,924 1,688 1,751 1,839
Trades/Contractors 88,962 115,500 121,275 127,339
Computer 8,850 8,896 9,341 9,808
Cleaning materials 14,699 19,933 21,926 24,119
Managers Contract 329,806 352,731 363,313 374,213
Utilities (incl Tele.) 176,649 171,895 182,414 193,710
Admin - LMCC 298,577 292,958 301,747 310,799
Rent-Crown Lands 121,274 118,310 121,859 125,515
Bank Charges 11,197 10,857 11,291 11,743
Consultants -
Subscriptions 11,956 12,523 13,024 13,545
Advertising 12,312 22,050 23,153 24,310
Miscellaneous 1,529 2,100 2,205 2,315
Internal Charges 16,782 19,075 6,086 37.644
Maintenance Expenses Materials 33,597 48,150 51,521 55,127
Trades/Contractors 160,364 113,306 117,839 122,552
Plant Hire 31,268 33,777 35,803 37,951
Internal Charges 11,265 38,080 39,203 30,372
Total Expenses 1,380,988 1,440,236 1,485,650 1,568,500
Operating Profit 1,007,625 903,426 928,322 917,891
Capital Expenses Capital Expenditure 1,018,673 570,000 240,000 215,000
Net Profit/Loss (after Capital Expend) 11,048 333,426 688,322 702,891
Appendix 2 Draft management contract
PLEASE NOTE THIS IS A DRAFT CONTRACT
This is a Management Agreement between the Council, the Contractor, and the Manager.
1. DEFINITIONS
1.1. Definitions
In this Agreement:
AAA Tourism Rating means an accommodation classification scheme promoted, maintained and owned by AAA Tourism or another accommodation rating scheme implemented at the sole discretion of Council.
Act means Holiday Parks (Long-term Casual Occupation) Act 2002.
Assistant Manager means the person who is employed or engaged by the Contractor to assist the Manager to perform the Services on behalf of the Contractor.
Business means the day-to-day management of the holiday park owned by the Council and located at the Premises.
Business Day means any day except a Saturday, Sunday, or a gazetted public holiday in New South Wales.
Claims means all claims, suits, proceedings, actions, demands, losses, costs (including legal costs), damages, expenses and all other liabilities of every kind.
Commencement Date means the commencement date specified in the Schedule.
Commission means the amounts set out in clause 8.2 of this Agreement.
Confidential Information includes any documentation or information marked as confidential and any information received or developed during the course of the Contractor’s engagement by the Council, which is not publicly available and relates to the business information used by the Council in the course of the Council’s business including all trade secrets, business, financial and marketing plans and material, supplier, client and customer information, employee details, and any third party information and documentation that the Council discloses to the Contractor which the Council is obliged to keep confidential.
Contractor means the entity specified as the Contractor in the Schedule.
Council means the entity specified as the Council in the Schedule.
Dispute means any dispute arising out of or relating to this Agreement, but does not include a dispute over the termination of the Agreement by a party.
Employee means any person employed by the Contractor other than the Manager or Assistant Manager.
Fee means the fee specified in the Schedule.
GST means the applicable rate of goods and services tax imposed pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the regulations thereunder.
Improvements means any modifications, or changes to, improvements in, developments from or additions to the Intellectual Property.
Intellectual Property means all intellectual property rights of every kind including all patents, trademarks, copyright, designs, service marks, trade names, domain names, symbols, logos, common law rights, moral rights (if applicable) and any applications relating to any of the foregoing, whether presently existing or otherwise, whether registered or not, whether registrable or not, and any Improvements.
Insolvency Event means, in respect of the relevant party, any of the following:
(a) a receiver, , liquidator, provisional liquidator, controller or any form of external administrator being appointed to or over it or in respect of any of its assets;
(b) entering into a scheme, arrangement, agreement or compromise with its creditors by it;
(c) calling a meeting of creditors or becoming bankrupt or insolvent or having a winding-up or bankruptcy petition presented against it;
(d) an application or order being made to a court or a resolution being passed for its winding-up; or
(e) anything analogous or having a substantially similar effect to any of the events specified above under the laws of any applicable jurisdiction.
Long-term Casual Occupant means an occupant under an occupation agreement to which the Act applies.
Manager means the person specified as the manager in the Schedule, who is employed or engaged by the Contractor to perform the Services on behalf of the Contractor.
Parties means the Council and the Contractor.
Personnel means all officers and employees.
Premises means the holiday park address specified as the premises in the Schedule.
Resident means a permanent resident of the Premises.
Services means the services set out in clause 3.1 of this Agreement.
Subcontractor’s Statement means the document set out in Annexure 6.
Term means the period commencing on the start date and ending on the end date specified in the Schedule, unless terminated earlier in accordance with clause 11.
Tourist means a short-term occupant who occupies a site at the Premises for no more than 150 days in any 12-month period.
Visitor means a day visitor who attends the Premises for general leisure, recreational and social purposes.
2. ENGAGEMENT
2.1. Engagement
The Council engages, and the Contractor accepts such engagement, to provide the Services in accordance with the provisions of this Agreement.
2.2. Term
This Agreement operates for the Term even if this Agreement is signed by the parties following the start date.
2.3. Exclusivity
Given the nature and conditions of the Services required to be performed by the Contractor, the Contractor, the Manager, and the Assistant Manager may not provide any other external services to any third parties during the Term without the prior written approval of the Council.
2.4. Not an Employee of the Council
The Contractor is engaged as an independent contractor and the Parties agree that:
(a) nothing in this Agreement is to be construed as creating any relationship of employee/employer, partnership, joint venture, or principal/agent between:
(i) the Manager, Assistant Manager and any Employee on the one hand; and
(ii) the Council on the other hand.
(b) any payments made to the Contractor under this Agreement is not a form of salary or wage.
3. SERVICES
3.1. The Services
The Contractor shall provide the following Services to the Council:
(a) undertake the specified duties and services set out in Annexure 1 to this Agreement;
(b) undertake regular and systematic inventory checks of the Council’s assets set out in Annexure 2, and update the Council’s asset register in accordance with the Council’s applicable policies and procedures;
(c) undertake regular and systematic inventory checks of the Council’s tools and equipment set out in Annexure 3;
(d) perform regular and systematic maintenance to the Premises in accordance with the Maintenance Program set out in Annexure 4 to this Agreement;
(e) keep and maintain books of account accurately setting out details of all monies received and paid and all bills drawn or accepted in connection with the Business, where copies of all such books are safely located on the Premises and accessible at all times to an authorised representative of the Council; and
(f) perform any other ancillary or related services as requested by the Council from time to time and/or such other services as are agreed between the Contractor and the Council from time to time.
3.2. Provision of the Services
The Contractor:
(a) will provide the Services to the Council within the timeframes specified by the Council or, if no timeframes are specified, within a reasonable time frame, and adequately meets the needs of the Council;
(b) understands there is no volume commitment as to the amount or frequency of Services to be provided; and
(c) understands the Services may be required to be performed on both business days and non-business days.
3.3. Engagement of Manager and Assistant Manager
(a) The Contractor shall employ or engage:
(i) the Manager; and
(ii) an Assistant Manager;
to perform the Services on behalf of the Contractor.
(b) The Manager must remain employed or engaged by the Contractor for the Term of this Agreement.
(c) If the Assistant Manager ceases to be employed or engaged by the Contractor for any reason:
(i) it shall employ or engage another Assistant Manager; and
(ii) provide the Council with details of the new Assistant Manager;
within 30 days of the former Assistant Manager ceasing to be employed or engaged by the Contractor.
(d) If the Manager or Assistant Manager are engaged by the Contractor pursuant to a contract for services, the Contractor must provide the Council with a duly completed Subcontractor’s Statement:
(i) within three (3) days of the commencement of this Agreement; and
(ii) within three (3) days of the employment or engagement of any Assistant Manager during the term.
3.4. Standard of Services
The Contractor must:
(a) perform the Services with due diligence, in a professional manner, to a high standard, and in accordance with all applicable laws;
(b) undertake and perform the Services in any reasonable manner it sees fit but so that it:
(i) attempts to serve the Council’s best interests;
(ii) meets timeframes specified by the Council in consultation with the Contractor;
(iii) abides by any reasonable directions issued by the Council; and
(iv) complies with the requirements of this Agreement.
(c) ensure that it has, and will at all times maintain, appropriate licences, accreditations, qualifications, skills, training, experience and expertise to provide the Services; and
(d) complete and provide such documentation as is reasonably required by the Council in relation to the Services in accordance with timeframes required by the Council.
3.5. Obligations of Manager and Assistant Manager
(a) The Contractor must:
(i) ensure that the Manager and Assistant Manager comply with clause 3 and this Agreement;
(ii) ensure that the Manager and Assistant Manager have, and will at all times maintain, appropriate licences, accreditations, qualifications,
skills, training, experience and expertise to perform the Services on behalf of the Contractor; and
(iii) ensure any insurances required of the Contractor cover the Manager and Assistant Manager.
(b) The Contractor and the Manager acknowledge that the Manager and Assistant Manager are not employees of the Council, and shall not be entitled to receive any wage or salary, paid leave, or superannuation contributions from the Council.
3.6. Liability
Without limiting any indemnity under this Agreement, the Contractor is liable for:
(a) any loss, damage or destruction of any of the Council’s property;
(b) any loss or damage to, or costs associated with, the delayed return or non-return of the Council’s property; and
(c) any Claims arising out of, or in connection with, any personal injury, illness or death to any person or damage to any property or any other loss or damage of any kind whatsoever while performing the Services;
to the extent caused or contributed to by the Contractor, the Manager, the Assistant Manager, or any other Employee employed by the Contractor.
4. INSURANCE AND LIABILITY
4.1. Insurance
(a) The Contractor must at all times during the Term take out and maintain the following policies of insurance:
(i) all insurances required by law;
(ii) worker’s compensation insurance (if required by law);
(iii) public liability insurance (on an occurrence basis) for at least $20 million per event;
(iv) professional indemnity insurance for at least $2.5 million per event; and
(v) such other insurances as are reasonably specified by the Council.
(b) The Contractor must provide the Council with certificates of currency evidencing these insurances whenever requested.
4.2. Compliance with Applicable Laws
The Contractor will comply, as necessary, with the provisions of the following legislation (as amended):
(a) Fair Work Act 2009 (Cth);
(b) Work Health and Safety Act 2011 (NSW);
(c) Holiday Parks (Long Term Casual Occupation) Act 2002 (NSW);
(d) Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 (NSW);
(e) Residential (Land Lease) Communities Regulation 2015 (NSW);
(f) Residential (Land Lease) Communities Act 2013 No 97 (NSW);
(g) Residential Tenancies Act 2010 (NSW);
(h) Corporations Act 2001 (Cth) (if the Contractor is not a natural person);
(i) Superannuation Guarantee (Administration) Act 1992 (Cth);
(j) Superannuation Guarantee Charge Act 1992 (Cth); and
(k) Anti-Discrimination Act 1977 (NSW) (and its federal equivalents).
4.3. Indemnity
(a) The Contractor indemnifies the Council against all losses, costs and expenses (including legal fees) which the Council may incur by reason of:
(i) any breach of any term of this Agreement; or
(ii) any negligent or wilful act or omission;
by the Contractor, the Manager, the Assistant Manager, or any other Employee employed by the Contractor
(b) The Council is entitled to deduct any monies payable by it towards satisfaction of this indemnity.
(c) Each of the Council's Personnel is entitled to the benefit of, and to enforce, the provisions of this clause even though they may not be a party to this Agreement.
5. ACCOMMODATION
5.1 Accommodation for Manager
The Council will provide the Contractor with a three (3) bedroom house located on the Premises, to enable the Manager to live on the Premises with the Manager’s immediate family.
5.2 Accommodation for Assistant Manager
The Council will provide the Contractor with a two (2) bedroom cottage located on the Premises to enable the Assistant Manager to live on the Premises with their immediate family.
5.3 Costs of Accommodation
In respect of any Accommodation referred to in this clause, the Council will cover the costs of:
(a) reasonable use of electricity and water used at the Accommodation;
(b) reasonable private local telephone calls made at the Accommodation (excluding all international calls); and
(c) the installation, set-up, and use of private internet facilities at the Accommodation.
6. OPERATIONAL EXPENSES
6.1 Purchasing Card
The Council shall issue the Contractor with a purchasing card to enable it to make operational purchases and incur operational expenses in order to satisfactorily perform the services.
6.2 Acceptable use of Purchasing Card
The Contractor must ensure that:
(a) the purchasing card remains at all times within the custody and control of the Manager, or else securely stored on the Premises;
(b) access to, and use of the purchasing card is limited to the Manager and the Assistant Manager;
(c) use of the purchasing card at all times remains compliant with the Council’s purchasing card policy (which shall be provided to the Contractor at the time the purchasing card is issued);
(d) no purchases shall exceed the sum of $1,000.00 in any single transaction unless prior authorisation has been obtained from the Holiday Parks Coordinator or the Manager Property and Business Development.
(e) all invoices are to be certified and presented to Council at the end of the month to allow reconciliation of the credit card transactions.
6.3 Return of Purchasing Card
The Contractor:
(a) acknowledges and agrees that the purchasing card remains the property of the Council; and
(b) shall return the purchasing card to the Council within 48 hours of the termination or expiry of this Agreement.
6.4 Reimbursement of Expenses
The Contractor shall not be entitled to be reimbursed for any legitimate operational expenses incurred by it, except with the prior written agreement of the Council.
7. CONTRACTOR’S EMPLOYEES
7.1 Contractor’s Employees
The Contractor may employ Employees to assist the Manager and Assistant Manager with the provision of the Services during the Term, provided that the Assistant Employees employed by it remain subject to the ongoing supervision and direction of the Manager and Assistant Manager.
7.2 Liability for Assistant Employees
The Contractor:
(a) will ensure, and will assume liability for ensuring, that each requirement of the Contractor is performed and complied with by each Employee; and
(b) will ensure that the insurances required of the Contractor covers each Employee employed by the Contractor.
7.3 Provision of Details of Employees
(a) Within sixty days of the commencement of this Agreement, the Contractor shall provide the Council with written details of all Employees employed by the Contractor at that time; and
(b) The Contractor shall notify the Council in writing of any changes to the Employees (whether by way of recruitment, suspension or dismissal) within seven (7) days of such changes taking effect.
7.4 Not Employees of the Council
The Contractor agrees and accepts that any Employee employed by the Contractor is not an employee of the Council.
7.5 No Contracting Out
Notwithstanding anything else contained in this clause, the Contractor shall not contract or assign its contractual obligations under this Agreement to any other person or entity without the prior written consent of the Council.
8. PAYMENT
8.1 Fee
(a) Subject to the terms of this Agreement, the Council will pay the Contractor the Fee on a monthly basis during the Term.
(b) The Fee shall be calculated by way of the following components:
(1) 50% of the Fee in respect of the Contractor’s employment or engagement of the Manager; and
(2) 50% of the Fee in respect of the Contractor’s employment or engagement of the Assistant Manager.
(c) The Contractor acknowledges and agrees that the Council shall not be required to pay the 50% component of the Fee in respect of the Contractor’s employment or engagement of the Assistant Manager for any month (or part thereof) that no Assistant Manager is employed or engaged by the Contractor.
(d) The Fee will be indexed annually on 1 September each calendar year to increase by 2.0% for the term of the Agreement.
8.2 Commission
In addition to the Fee, the Council will also pay the following commissions to the Contractor on a monthly basis during the term:
(a) a payment equivalent to fifteen percent (15%) of the gross takings from the letting of the on-site cabins and caravans at the Premises, received during the previous calendar month;
(b) a payment equivalent to ten percent (10%) of the gross takings from the letting of the short-term sites at the Premises, received during the previous calendar month;
(c) a payment equivalent to three and a half percent (3.5%) of the gross takings from the lettings of the permanent and long-term casual sites at the Premises, received during the previous calendar month; and
(d) a payment equivalent to two and a half percent (2.5%) of all other income received during the previous calendar month.
For the purpose of this clause, ‘all other income’ means electricity fees paid by permanent Residents, long term casuals (holiday van owners), money collected from public telephones, laundry machines, barbeques, van sales, approval for works fees,
optional linen hire, lawn mowing fees, occupancy agreement administration fees, wireless internet charges, and entertainment agreement fees.
8.3 GST
Unless otherwise stated or agreed:
(a) All Fee and Commission payments are expressed to be exclusive of GST (if GST is applicable); and
(b) The Contractor shall be responsible for remitting any amounts of GST paid by the Council (if GST is applicable) to the Australian Taxation Office.
8.4 Submission of Invoices by the Contractor
(a) Within seven (7) days after the end of each calendar month, the Contractor shall render and submit to the Council an Invoice bearing the Contractor’s ABN, and which sets out:
(i) the Fee payable pursuant to clause 8.1 in respect of the previous calendar month;
(ii) Commission payable pursuant to clause 8.2 in respect of the previous calendar month; and
(iii) the GST payable on the amounts referred to in clause 8.4(a)(i)-(ii) (if GST is applicable).
(b) The Invoice must be accompanied by all necessary documentation the Council reasonably requires to confirm the amount of Commission and reimbursement amounts payable to the Contractor.
8.5 Payment of Invoices by the Council
(a) Subject to any right of deduction or set-off, the Council will pay:
(i) the Invoice, or the undisputed portion of the Invoice, within fourteen (14) days after receiving a copy of the Invoice; or
(ii) the agreed or determined amount of the disputed portion of the Invoice within the later of fourteen (14) days after the date that the Council receives the documentation required by clause 8.4(b) and the date when the dispute is resolved.
(b) For the avoidance of doubt, an amount can be disputed if the Contractor has not met a requirement of this Agreement. The parties must continue to perform their obligations under this Agreement even though an amount is disputed.
8.6 Set-Off
The amounts referred to in this clause 8 represents the entity of the monies and benefits that are or may become payable by the Council under this Agreement
Nevertheless, if it is determined that any other monies or benefits are payable to the Contractor, the Manager, the Assistant Manager, or any other Employee employed by the Contractor, the Contractor agrees that amounts referred to in this clause may be:
(a) specifically applied to offset any further amounts that may otherwise be payable to the Contractor, the Manager, or any other Assistant Employee employed by the Contractor; or
(b) reduced so that the total entitlements payable by the Council will be no more allowing for any such further amounts than beforehand.
9. MANAGER’S ABSENCE
9.1 Process for Relieving Manager
In the event that the Manager is required to be absent from the Premises for a period exceeding two (2) days, the Contractor shall ensure that at least seven (7) days before the commencement of the absence, the Manager has:
(a) completed and submitted to the Holiday Parks Coordinator, the form set out in Annexure 5 to this Agreement; and
(b) has obtained approval from the Holiday Parks Coordinator in respect of that period of absence.
10. CONFIDENTIAL INFORMATION
10.1 Acknowledgement
The Contractor acknowledges and agrees that:
(a) the Confidential Information is the confidential information of the Council; and
(b) the Contractor, the Manager, the Assistant Manager, and any Employee employed by the Contractor, may become acquainted with or have access to such Confidential Information.
10.2 Obligations
The Contractor must:
(a) at all times keep secret and confidential the Confidential Information;
(b) prevent any unauthorised disclosure to or use by any other person of the Confidential Information;
(c) not appropriate, copy, memorise, translate, extract, summarise or in any manner reproduce or reverse engineer any of the Confidential Information;
(d) not use the Confidential Information for any purpose other than for the sole purpose of providing the Services to the Council;
(e) not disclose the Confidential Information to any third party;
(f) not remove any Confidential Information from the Premises;
(g) immediately notify the Council of any unauthorised disclosure or use of the Confidential Information of which they become aware and take all steps which The Council reasonably requires in relation to same;
(h) treat information or documentation as being Confidential Information if they are uncertain as to whether the information is confidential; and
(i) not store any Confidential Information or Intellectual Property of the Council on any personal devices that can store electronic data including phones, laptops, tablets, computers, CD's and USB sticks;
unless the prior written consent of the Council is obtained or this Agreement otherwise permits such action.
10.3 Limitations
The Confidential Information does not include information or documentation which:
(a) is generally available in the public domain except where such availability is as a result of a disclosure by the Contractor, the Manager, the Assistant Manager, or any Employee employed by the Contractor; or
(b) is required to be disclosed pursuant to any relevant law or court order that the Contractor, the Manager, the Assistant Manager, or any Employee employed by the Contractor may be subject, on the condition that:
(i) such disclosure shall be limited to the extent required by that relevant law or court order; and
(ii) the Contractor must inform the Council about the proposed disclosure at least three (3) business days before the disclosure occurs.
10.4 Public Statements
The Contractor must not make, cause to be made, or authorise, any statements (whether written, verbal, electronic, or otherwise) to the media, press, television or radio:
(a) in relation to the business of the Council without the prior written consent of the Council; or
(b) which disparages the Council and/or its Personnel.
11. TERM AND TERMINATION
11.1 Term
This Agreement will operate for the Term, subject to the right of either party to terminate the Agreement in accordance with this clause.
11.2 Event of Default by Contractor
This Agreement may be immediately terminated by the Council if the Contractor:
(a) defaults in any of its obligations under this Agreement, and the default:
(i) is not capable of being remedied; or
(ii) is capable of being remedied but is not remedied within five (5) days after the Council provides the Contractor with notice of the default and a direction to remedy the default.
(b) fails to comply with any reasonable direction issued by the Council;
(c) no longer employs the Manager;
(d) becomes incapable of fulfilling its obligations under this Agreement on account of any serious illness or injury affecting the Manager;
(e) engages in any act or omission (including by way of its employees) which causes, or in the Council’s opinion is likely to cause, injury to the Business or to the reputation of the Council; or
(f) is subject to an Insolvency Event.
11.3 Event of Default by Council
(a) If the Council defaults in any of its obligations under this Agreement, and the default:
(i) is not capable of being remedied; or
(ii) is capable of being remedied but is not remedied within five (5) days after the Contractor provides the Council with notice of the default and a direction to remedy the default;
then the parties shall undertake the Dispute Resolution process set out in clause 12 of this Agreement.
(b) The Contractor must not terminate the Agreement until the Dispute Resolution process has been undertaken or all reasonable attempts to undertake the Dispute Resolution process have been made.
11.4 Termination by Notice
In all other cases, this Agreement may be terminated at any time and for any reason by:
(a) the Council giving to the Contractor at least 12 weeks’ written notice of the termination or
(b) The Contractor giving to the Council at least 18 weeks’ written notice of the termination.
11.5 Effect of Termination or Expiration
The termination or expiration of this Agreement for any reason:
(a) will not affect any provision of this Agreement expressed or capable of operating or having effect subsequent to termination or expiration including any provisions relating to Confidential Information or Intellectual Property; and
(b) is without prejudice to any accrued right or remedy of a party in relation to any breach or default by the other party occurring prior to termination or expiration.
11.6 Payment following Termination
Within seven (7) days of the termination or expiration of this Agreement for any reason, the Contractor shall render and submit to the Council an Invoice prepared in accordance with clause 8.4, where the Fee is pro-rated based upon the number of days in the calendar month in which the Contractor provided the Services prior to the termination or expiration of the Agreement.
11.7 Return of Property
On the earlier of the termination or expiration of this Agreement or upon demand, the Contractor and Manager must immediately return to the Council all documents (written and electronic), equipment and any other items belonging to the Council or which are held by the Council on behalf of a third party.
11.8 Vacation of Premises
(a) Within twenty-one (21) days of the expiration or termination of this Agreement for any reason:
(i) the Manager; and
(ii) the Assistant Manager
must, along with their immediate family, vacate any Accommodation provided in accordance with clause 5, unless otherwise agreed with the Council in writing.
(b) Nothing in this clause operates to prevent the Council from issuing a direction to vacate the Premises at any time during the Term of this Agreement.
12. DISPUTE RESOLUTION
12.1 Notification of Dispute
In the event of any Dispute, a party may notify the other party in writing of the Dispute and request that the Dispute be referred to the parties’ representatives.
12.2 Informal Dispute Resolution
(a) Within five (5) business days of a party giving written notice of a Dispute under this clause, the parties’ representatives must meet (in person, by telephone, or otherwise), and negotiate in good faith to try and resolve the Dispute.
(b) Each party to the Dispute is bound by any settlement agreed to in writing by its representatives and must promptly implement the terms of the settlement.
12.3 Arbitration
(a) If the parties cannot resolve the Dispute within fourteen (14) business days of the Dispute arising, the parties are to nominate and engage an Independent Expert to determine the matter. The Independent Expert shall be a person who is not associated with either party, and whose engagement shall be agreed to by the parties.
(b) If the parties fail to agree upon an Independent Expert, either party may refer the matter to the Australian Commercial Dispute Centre Ltd in Sydney for the purposes of nominating and engaging an Independent Expert to arbitrate the Dispute.
(c) Within fourteen (14) business days of an Independent Expert being engaged, the Parties shall participate in an arbitration of the Dispute at a location agreed by the Parties.
(d) In arbitrating the Dispute, the Independent Expert shall determine:
(i) Whether the alleged event, act, omission, or breach resulting in the Dispute did occur;
(ii) Which party was responsible for the event, act, omission, or breach, or the proportional liability for the event, act, omission, or breach; and
(iii) The appropriate remedy for the event, act, omission or breach (including but not limited to the payment of monetary compensation).
(e) The determination of the Independent Expert following the arbitration is to be conclusive and binding on the parties in the absence of manifest error.
12.4 Condition Precedent to Litigation
A party must not begin legal proceedings in connection with a Dispute unless the steps in this clause have first been followed. However, this limitation does not apply:
(a) to a party seeking equitable relief or urgent interlocutory relief; or
(b) to a party who attempts in good faith to comply with this clause but cannot do so because another party does not comply with this clause.
12.5 Confidentiality during Dispute
Each party must keep confidential all information relating to the subject matter of a Dispute as disclosed during or for the purposes of the resolution of the Dispute under this clause unless that party is compelled to make a disclosure by any relevant law or court order that they are subject to but:
(a) such disclosure must be limited to the extent required by that relevant law or court order; and
(b) the other party must be informed in writing about the proposed disclosure at least 3 business days before the disclosure occurs.
12.6 Costs
The costs of engaging the Independent Expert will be borne by the parties in equal measure. Otherwise, each party is to bear its own costs of participating in any informal dispute resolution or formal arbitration in accordance with this clause.
13. MISCELLANEOUS PROVISIONS
13.1 Interpretation
In this Agreement, unless the context otherwise requires:
(a) Any headings, boldings, and underlines are for convenience only and do not affect the interpretation of this Agreement;
(b) words importing the singular include the plural and vice versa;
(c) an expression importing a natural person includes any company, partnership, joint venture, association, trust, corporation or other owners corporation;
(d) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued after that statute;
(e) a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of that document or agreement;
(f) a reference to a party to this Agreement or in any other document or agreement includes that party’s permitted successors and permitted assigns;
(g) where the day on which any thing is to be done is not a Business Day, that thing must be done on the next Business Day;
(h) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any part of it;
(i) a reference to an agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
(j) a covenant, an agreement or acknowledgment on the part of, or in favour of, two or more persons, binds them or ensures to their benefit jointly and severally;
(k) references to “$” and “dollars” are to the lawful currency of Australia; and
(l) the words “includes”, “such as”, "for example" or “including” are not words of limitation.
13.2 Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales.
13.3 Jurisdiction
Any legal action or proceedings with respect to this Agreement against any party or any of its property and assets may be brought in the Courts of the State of New South Wales and, by execution and delivery of this Agreement that party accepts, for itself and in respect of its property and assets, generally and unconditionally the jurisdiction of the Courts of that State.
13.4 Variations
Subject to the terms of this Agreement, any amendments, variation or modification to or of, or consent to departure by any party from the terms of this Agreement will have no force or effect unless effected by a document executed by the parties.
13.5 Rights of Third Parties
Subject to the terms of this Agreement, this Agreement will confer rights and benefits only upon a person expressed to be a party and not upon any other person.
13.6 Assignment
(a) The Council may transfer or assign its rights or obligations under this Agreement at any time.
(b) The Contractor cannot transfer or assign their rights or obligations under this Agreement without the prior written consent of the Council.
13.7 Waivers
The failure to exercise or delay in exercising by any party of any right conferred by this Agreement will not operate as a waiver and the single or partial exercise of any right by that party will not preclude any other or further exercise of that or any other right by that party.
13.8 Remedies
(a) The parties agree that in respect of the Confidential Information and Intellectual provisions in this Agreement:
(i) the Council would suffer financial and other loss if such terms were breached;
(ii) monetary damages would be an insufficient remedy;
(iii) in addition to any other remedy, the Council is entitled to injunctive relief to prevent a breach of such terms and/or to compel specific performance; and
(iv) the Contractor and Manager waive and agree to be precluded and estopped from resisting injunctive relief on the basis of either damages or equitable compensation being an adequate remedy or the balance of convenience militating against injunctive relief.
(b) The rights of a Party conferred by this Agreement are cumulative and are not exclusive of any rights provided by law.
13.9 Pre-Contractual Negotiation
(a) This Agreement expresses and incorporates the entire agreement between the parties in relation to its subject matter, and all the terms of that agreement, and supersedes and excludes any prior or collateral negotiation, understanding, communication, agreement, representation or warranty by or between the parties in relation to that subject matter or any term of that agreement.
(b) No party will, after execution of this Agreement, be entitled, as against the other party or other officers of any party, to bring suit on the basis of any verbal or written communications, representations, inducements, undertakings, agreements or arrangements except expressly as provided by this Agreement.
13.10 Further Assurance
Each party must execute all documents and perform all acts necessary to give full effect to this Agreement.
13.11 Severability
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of that prohibition or
unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
13.12 Counterparts
This Agreement may be executed in any number of counterparts, all of which taken together will be deemed to constitute one and the same document.
13.13 Independent Advice
The Contractor agrees that prior to entering into this Agreement it has had a reasonable opportunity to obtain independent legal and financial advice about the terms of this Agreement.
SCHEDULE
Council:
Name: Council of the City of Lake Macquarie Address: Lake Macquarie City Council Administration Building
126-138 Main Road, Speers Point, NSW 2284
Contractor:
Name:
ABN:
Address:
Contact No:
Manager:
Name:
Address:
Contact No:
Premises:
Address:
Term:
Start Date: 27 November 2017
End Date: 31 May 2021
Fee:
$10,000.00 per month (excluding any amount payable for GST) calculated in accordance with clause 8.1 of this Agreement.
EXECUTION PAGE
Executed as an Agreement.
The Common Seal of the COUNCIL OF
THE CITY OF LAKE MACQUARIE,
was hereto affixed in pursuance of a Council
Resolution passed on
in the presence of:
Name: Kay Fraser Name: ………………………….
Position: Mayor Position: General Manager
Executed for and on behalf of the Contractor pursuant to s127 of the Corporations Act:
Director / Secretary / Witness
Director / Sole Director
Name Name
Executed by the Manager:
Witness
Manager
Name Name
ANNEXURE 1
SWANSEA GARDENS LAKESIDE HOLIDAY PARK
Duties List
1. The Manager shall comply with any reasonable and lawful direction of the Council, or the
Council’s General Manager, the Manager Property and Business Development, or Holiday
Parks Coordinator.
2. The Manager shall be on call twenty-four (24) hours each day for the purposes of the
business.
The minimum office hours to be maintained by the Manager are to be as follows: 8.30am to
6.00pm Monday to Sunday inclusive. However, the Manager is to make itself available for all
guests between the hours of 7am and 10pm each day. These hours must be extended during
peak periods as necessary to cater for incoming Tourists.
3. Should the Manager require stores or equipment from the Council, the Manager must lodge a
request with staff for the issue of this order. The stores will be delivered to the Premises by
the Council.
4. The Manager shall faithfully and properly keep a bookings register. No site may be booked
more than twelve (12) months in advance. Annual re-booking of specific sites is to be
discouraged and the best sites are to be rotated amongst the Tourists who annually return to
the Premises.
5. The Manager shall make available at least 50% of each of the accommodation and camping
sites for booking through the Business’s website via the RMS Online booking system (‘RMS’).
6. The Manager shall report to the Holiday Parks Coordinator any defect or want of repair of the
on-site sullage collection points, plumbing, lighting, power-heads, public telephone or other
structures or equipment on the Premises.
7. The Manager shall collect all site fees from Residents, Tourists, Long Term Casual Occupants
and Visitors and issue receipts.
8. The Manager shall read the electricity meters for the consumption of electricity for Permanent
and Long Term Casual sites every two (2) months and issue receipts through RMS
accordingly The Manager shall also check electricity power leads on Long Term Casuals
(Holiday Vans) and Permanents to ensure they are tagged and compliant.
9. The Manager shall not allow any site fees to be in arrears by more than twenty eight (28) days
and should take all necessary action to ensure these are paid. Should any Residents, Long
Term Casual Occupants, Visitors or Tourists accounts fall into arrears the Manager shall notify
the Manager Property and Business Development and/or the Holiday Parks Coordinator to
ensure a notice of termination is issued to vacate the site and should the Manager fail to so
notify the Manager Property and Business Development and/or the Holiday Parks
Coordinator, it will be responsible for payment of monies so in arrears.
10. The Manager shall provide garbage bags to Residents, Long Term Casual Occupants,
Visitors and Tourists as necessary, which bags when full of garbage are to be placed in the
garbage bins provided on the Premises. The garbage bags will be provided free of cost by
Council.
11. The Manager shall collect and deliver mail to Residents provided that the Resident has a
letterbox at the Premises for that purpose. Otherwise the fact that mail is awaiting collection
by that Resident is to be notified on a notice board on the site occupied by the Manager’s
employees.
12. The Manager shall collect daily all monies paid by Residents, Long Term Casual Occupants,
Tourists and Visitors and also the proceeds of BBQ, washing machines, dryers and the
Council installed public pay phone and faithfully record and date all details of the amounts so
collected.
13. The Manager shall receive telephone, postal and internet bookings and accept deposits for
the sites within the Premises and promptly post back receipts to the persons making such
reservations.
14. The Manager shall issue only one key per site on the Premises and they shall collect and hold
a ten dollar ($10.00) deposit for that key. Commission or interest will not be paid on key
deposit monies.
15. The Manager shall clean the amenities blocks, BBQ’s, swimming pool, Campers Kitchen and
Office at least once a day (minimum). The Manager shall clean the amenities blocks during
peak periods at least twice a day. The amenities blocks should be spot cleaned to ensure
they are maintained in a clean and tidy condition at all times. The Manager shall document on
the back of each door the cleaning date, time, person responsible, signature, and any
comments regarding cleanliness and maintenance observed during cleaning.
16. The Manager shall carry out minor maintenance including the fitting of taps with tap washers,
electric fuses, minor constructional work including painting, and the care and maintenance of
washing machines, dryers, lawn mowers and lights. The Manager is not to do any work,
which is required to be carried out by a licensed tradesman.
17. The Manager shall carry out a morning and afternoon inspection of the ground and facilities
and the Premises.
18. The Manager is authorised to use the issued Lake Macquarie City Credit Card (P-Card) to
purchase goods and services on behalf of the Business up to the value of $1,000 in any single
transaction. Any purchases in excess of this amount requires the authorisation of the Holiday
Parks Coordinator and/or the Manager Property and Business Development. All invoices are
to be certified and presented to Council at the end of the month to allow reconciliation of the
Credit Card transactions. The Manger is to comply with the Lake Macquarie City Council
Internal Policy – Purchasing Cards (PCards).
19. The Manager shall on a six month basis check and clear all gutters and down pipes in the
amenities building managers residence, accommodation buildings, and associated structures
to ensure that they do not overflow due to blockages.
20. The Manager shall always promote the best image of the Council in its management of the
Premises. All advertising proposals and promotional material shall be approved by the Holiday
Parks Coordinator and/or the Marketing and Business Development Officer before publication.
21. The Manager will be issued with a diary and shall record in that diary as well as an asset
compliance and maintenance software entry (TUBAL), which includes the following:
(a) any altercation or disagreement with a Resident, Long Term Casual Occupant, Visitor
or Tourist of the Premises;
(b) any shortage in materials supplied by the Council;
(c) any incident requiring the attendance of Council’s Ranger, Security Personnel or the
Police; The Holiday Parks Coordinator and/or Manager Property and Business
Development should be notified in a reasonable time – no more than 12 hours.
(d) any breach of the Premises rules by a Resident or any other person on the Premises;
(e) any breach of the Occupancy Agreement (being the agreement between the Park
and a Long Term Casual Occupant for accommodation at the Premises) by a Long
Term Casual Occupant or guest of a Long Term Casual Occupant on Premises;
(f) any dispute over payment of fees and charges;
(g) any accident, loss or injury to person or property on the Premises;
(h) any act of vandalism; and
(i) deliveries of oil and gas.
22. The Manager shall regularly check and clean all Council owned accommodation on site
(inside and outside) ensuring that a very high standard of cleanliness is maintained. This shall
include checking and cleaning of cabin roofs, gutters, and walls.
23. The Manager shall faithfully and properly bank all monies received by it in the course of its
management of the Premises.
24. The Manager shall attend the appropriate bank during the business week, daily i.e. Monday to
Friday inclusive for that purpose.
25. The Manager shall staff the Tourism/Business stand at the NSW Caravan, Camping RV and
Holiday Supershow or its equivalent each year for a period of at least one (1) full day and
attend for a minimum of 4 hours any one of the other promotional shows approved by Council.
Upon receipt of all invoices, Council will pay all reasonable travel and accommodation costs
associated with attendance at this show.
26. The Manager shall each week reconcile the monies paid in pursuance of the bookings register
to the monies deposited at the bank by it.
27. The Manager shall collect all weekly fees in advance from Residents, Long Term Casual
Occupants, Tourists and Visitors.
28. The Manager shall ensure a sufficient stock of receipts are on hand at all times for use in the
business. These will be provided by the Council.
29. The Manager shall maintain a key register and update as necessary.
30. The Manager shall keep a record in the business computer RMS program in a form so as to
indicate the name, address, telephone number and drivers licence number and car
registration number of all tourists visiting the Premises.
31. The Manager shall ensure that all caravans and tents where applicable, comply with all safety
requirements of the responsible electricity authority in regard to electrical installation.
32. The Manager shall return all books, registers, documents and writings to the Council on
determination of the term specified in the agreement of which this Schedule forms part.
33. The Manager shall advise and ensure that the business does not provide caravan storage.
34. The Manager shall carry out regular maintenance to the grounds of the Premises by lawn
mowing, gardening and rubbish removal as required to ensure the Premises are presented in
a tidy condition at all times. Necessary plant, equipment and fuel will be supplied and
maintained at no cost to the Manager
35. The Manager is to ensure that its employees wear the appropriate uniform, designated by
Council, at all times. The cost of uniforms is to be met by the Manager. Payment of
embroidery of names and logos will be provided by the Council after Holiday Parks
Coordinator approval.
36. The Manager shall use, but not be limited to, Council’s asset compliance and maintenance
software as a tool to manage due diligence responsibilities in relation to quality, environment
and Work Health & Safety at the Premises.
37. The Manager is to ensure that policies, procedures, daily task schedules and audits are
referred to and acted upon in accordance with risk management compliance issues within
established time frames.
38. Council will have periodic inspections carried out during the contract (e.g. Mystery Customer
inspections) where the Manager and the Manager’s representatives performance will be
assessed and rated.
39. Council will conduct a performance review of the Manager annually on the anniversary of the
commencement of the contract. The Manager will be assessed on the following criteria:
Interpersonal and communication skills
Negotiation and problem solving skills
Customer service skills
Co-ordination of people, resources and activities
Budget development and control
Marketing
Maintenance or improvement of the current AAA Tourism Rating;
The Council will arrange for any training that arises from the annual performance review.
40. The Manager is required to use all Council provided phone numbers, fax numbers, email
addresses to conduct business.
41. The Manager will enforce and abide by park rules at all times. The Manager shall advise the
Holiday Parks Coordinator and/or Manager Property and Business Development if the
Manager wishes to engage additional security services during Holiday periods. The Manager
shall attend all business meetings and committee meetings as scheduled from time to time.
42. The Manager will check, approve, and be responsible for signing off on all invoices and
ensuring these have the correct date, amount, description of goods and services.
43. The Manager will be given a copy of the monthly revenue and expenditure statements. The
Manager shall operate the business within the budgeted costs. Authorisation for expenditure
in excess of the approved budget is to be requested from the Holiday Parks Coordinator
before funds are committed to the proposed expenditure.
44. The Manager shall produce monthly reports (RMS produced Transit Occupancy, Cash Report,
Occupancy, Year to Date, and Booking Source) and deliver them to the Holiday Parks
Coordinator within three (3) days of the end of the month.
45. The Manager shall make the up the main bed in all Villa type accommodation, when that Villa
is vacated. This includes changing pillowcases, sheets, and towels.
46. The Manager shall conduct a rating of the Premises using the AAA Tourism Rating guide
three (3) months before the AAA Tourism Rating inspection is scheduled to be undertaken.
The Manager will devise a program to improve and maintain those facilities that the Manager
has identified, before the actual AAA Tourism Rating inspection.
47. The Manager shall take bookings for single night’s accommodation in low and shoulder
periods from Monday to Sunday (flexibility is given to the Manager regarding 2 night minimum
week-end bookings).
48. The Manager shall respond to reports of any unsafe work practices, conditions, or situations
promptly.
49. The Manager shall liaise with statutory authorities and community groups on matters relevant
to the operational requirements of the business.
50. The Manager shall encourage the promotion of the Lake Macquarie area in general; council
operated holiday parks and the Premises specifically, including assisting employees to
achieve Marketing Plan strategies.
51. The Manager shall not own or have any interest in permanent or long term casual sites at the
Premises.
52. The Manager shall have the following licences and certificates
1. Current NSW Drivers Licence – from the commencement of the contract.
2. White Card (work health and safety) – if not held from contract date, must be obtained
within 6 months of the contract date.
3. First Aid Certificate – if not held from contract date, must be obtained within 6 months of
the contract date
4. Chainsaw licence – if not held from contract date, must be obtained within 6 months of
the contract date
53. The Manager and the Manager’s representatives are to attend an RMS advanced training
course within six (6) months of the commencement of this Agreement if required, at no cost to
Council.
54. The Manager and the Manager’s representatives are to attend a Compliance Management
System (e.g.TUBAL) training course within six (6) months of the commencement of this
Agreement at no cost to Council.
55. The Manager shall provide training on the operation of the Premises to the incoming Manager
(if required) over a two (2) week period prior to the completion of this Deed. The Manager will
be entitled to a sum of fifty dollars $50.00 per day (which sum excludes any amount payable
for Goods and Services Tax (GST) by way of remuneration for providing this training.
56. The Manager shall not approve any new agreement for Resident occupation of any site at the
Premises. The Manager Property and Business Development is the only officer with the
authority to authorise such agreements.
57. The Manager has permission to approve any new Occupation agreement of behalf of Council
for Long-term Casual occupation of any designated site at the Premises. The Holiday Parks
Coordinator shall be advised of such agreements.
58. The Manager shall not approve occupation of a short-term (tourist) site for more one hundred
and fifty (150) days in any twelve-month period.
ANNEXURE 2
SWANSEA GARDENS LAKESIDE HOLIDAY PARK
The following is a list of plant and equipment held at the Premises as at 27 November 2017
Description
Year/Model
Asset ID
Ride -on- Mower
KUBOTA T2380
Registration AG12MZ
92261.1
Tractor/Mower
John Deere 4310
Registration ZGA 805
6211.2
Trailer
Registration P94772
6510.1
Brush Cutter
Stihl FS200
174265189
90087.2
Brush Cutter
Stihl FS200
174265229
90065.2
Air Broom
Stihl BG86
280993580
90514.3
Edger
Atom Professional
066662862
91507.2
Brush Cutter
Stihl HS80
42267911700
91005.1
Chainsaw
Stihl HT75
363298574
95028.2
Lawn Mower
Husvarna WB53SE
92005.4
114277558
Lawn Mower
Honda HRU196M1PBUH
92016.3
Gator
John Deere
97752.1
Gator
John Deere
97753.1
ANNEXURE 3
SWANSEA GARDENS LAKESIDE HOLIDAY PARK
The following is a list of tools held at the Premises as at 27 November 2017
Number
Type
Number
Type
1 Stanley screwdriver set 3 15 amp leads
1 Branch saw 1 10 amp leads
1 18v Makita cordless drill
1 Bolt cutters 1 3 foot step ladder
1 Pole saw
1 Rubbish pick-ups 2 Shifting spanners
1 Garden shears 1 Vice
2 Sewer plungers 1 Hacksaw
1 Soil spreader 1 High pressure cleaner
1 Spud bar 1 Grease gun
1 Compressor 1 Extension ladder
1 Shovel (white) 1 Fertilizer spreader
1 Long handle shovel 1 Post hold shovel
1 Steel rake
1 Yard broom
1 Line Marker
1 Hand saw
1 Battery charger
ANNEXURE 4
ANNUAL MAINTENANCE PROGRAM - (Minimum) Holiday Park
Item Frequency
Ensure evacuation maps are displayed in all amenities blocks and
Managers office
March
Conduct stock-take of tools (send a copy to the Holiday Parks
Coordinator)
April
AAA Tourism Rating – Inspection Report – Implement any
recommendations made in the Inspection Report
March/April
Check road painting (signs, arrows, speed-limits, and speed
humps)
May
Electricity - ensure electrical equipment and leads are tagged and
tested ( this is undertaken by Council employees )
Notification of any new electrical item is to be sent to the
Holiday Parks Coordinator
Continuous
Undertake Tree pruning and maintenance (consider the Annual
Tree inspection Report and use authorised Contractor)
December
Check safety signs on Pool fence and ensure the signs are legible
and comply with the appropriate legislation
August
Ensure water testing of the swimming pool is undertaken
daily/weekly/monthly as required. Engage qualified Contractor for
regular testing and supply of chemicals
As required
Undertake water pressure cleaning - concrete paths August
In conjunction with the Holiday Parks Coordinator ensure that the
annual and six monthly fire equipment inspections are undertaken
by approved Contractor
March and September
Inspect Sewer pump stations every six months or as required March and September
Repaint road site numbers - renumbered July - August
Ensure Site boundaries are remarked/relined October
Inspect painting and cracks on concrete tourist slabs (WH&S
Issue) Undertake painting of edges if required and repairs to
concrete
April - May
Electricity - read and issue accounts for all permanents and long
term casuals (holiday van owners)
February, April, June,
August, October,
December (every 2
months)
Mow and maintain Managers and Assistant Managers residence
yards
Every month
Inspect and repair Tourist Sites (top dress with soil if
necessary)
July – September
Ensure MSDS are held for all materials February and August
In conjunction with the Holiday Parks Coordinator, ensure the
annual Occupancy Agreements are sent to the Holiday Van
Owners. Copies of the Park Owners copy of the Agreement are to
be scanned into Council’s document management system (TRIM)
May - July and when
required
In conjunction with the Holiday Parks Coordinator, organise an
Arborist to inspect and report on the condition of all trees within
the Holiday Park. A copy of the Inspection Report will be
forwarded to the Park Manager
October
Check smoke detectors in cabins (replace batteries as required) June and December
Check Painting; inside amenities (walls/ceiling), outside amenities
(doors, gutters, lattice), Cabins (Inside/outside), On Site Vans
(inside/outside), residence and office
July - August
Arrange in conjunction with the Holiday Parks Coordinator to
engage an suitably qualified plumber to undertake an inspection
of the thermostatic valves
April
Inspect, replace or repair signs at the Premises (inform the
Holiday Parks Coordinator to do a Service Request)
March
Remove and spray all cobwebs from the Premises amenities
blocks, accommodation, residences and office.
March and October
Clean cabins - wash down outside March and September
Clean gutters - amenities, cabins, residence, and barbeque areas March and September
Inspect roads for repairs (inform the Holiday Parks Coordinator to
do a Service Request to Civilake)
March and September
Weed, add mulch and manure to gardens, replace plants and
shrubs where required, fix and maintain garden beds
March, July, and October
(as required)
Check and repair or maintain all taps and cisterns ( use licensed
plumber if required )
May and November
Check Playground – rake and top up soft fall if required.
Council to replace soft fall every five years
May and November
Check all first aid kits for ample stocks (service supplied by Alsco) Monthly
Arrange for the Street sweep of all roads every six months March and December
Maintenance and repair of fences and posts When required
ANNEXURE 5
Application - Request for Leave
Date
Premises
Manager Name
Dates for Leave
Reason for Leave
Name of Person Undertaking the
Employee’s duties (Assistant
Manager)
……………………….
Manager
I ………………………………advise that I will take all steps to ensure that the terms, provisions,
warranties, and conditions of the Management Agreement are adhered to, by me, during the
Managers absence.
………………………………
Relief Manager
I………………………………………………approve the Application for Leave.
………………………………
Holiday Parks Coordinator
SUBCONTRACTOR’S STATEMENTREGARDING WORKERS COMPENSATION, PAY-ROLL TAX
AND REMUNERATION (Note 1)
Workers Compensation Pay-roll tax Remunerations175B Workers Compensation Act 1987 Part 5B s31G-31J Pay-roll Tax Act 1971 ss127, 127A Industrial Relations Act 1996
Sub Contractor: ____________________________________ ABN: ____________________ (Business name)
of _________________________________________________________________________ (Address of subcontractor)
has entered into a contract with ____________________________________________ (Note 2)
(Business name of principal contractor)
ABN: ______________________ For work between: / / and / / (Note 3)
Date Date
and/or Payment Claim Details: _____________________________________________ (Note 4)
Nature of contract work: __________________________________________________ (Note 5)
DECLARATION
I, _____________________________ a Director of / a person authorised by the subcontractor on whose behalf (delete as appropriate)this declaration is made, hereby state that the abovementioned subcontractor:
Is either A sole trader or partnership without workers or subcontractors (Note 6).
OR Has and will maintain in force valid workers compensation insurance, policy _______________
(Policy Number)held with______________________________________ as indicated on the attached Certificate of (Insurance Company) Currency dated _________________, in respect of work done in connection with the contract, during
any period of the contract and has paid all workers compensation insurance premiums payable in
connection with the contract (Note 7).
Is Is not also a principal contractor in connection with the work under contract (Note 8).
Has Has not been given a written statement by subcontractors in connection with the work.
Is Is not required to be registered as an employer under the Pay-roll Tax Act 1971_____________ (Pay-roll tax client No.)
Has paid all pay-roll tax due in respect of employees who performed the work for the principal contractor, as required at the date of this statement (Note 9).
Has paid all remuneration payable to relevant employees, for work done under the contract during the period outlined above (Note 10).
Signature _____________________________ Full Name ____________________________ (please print)
Position/Title ___________________________ Dated ____________________________
WARNING• Any subcontractor, who knowingly provides a principal contractor with a written statement that is false, is guilty of
an offence (Maximum penalty 100 units or $11,000).• Any written statement will not relieve the principal contractor of liability if, at the time the written statement was
provided, the principal contractor believed the written statement to be false.• The principal contractor must retain a copy of any written statement for a period of not less than five years
(Pay-roll tax), six years (Remuneration) or seven years (W orkers compensation).• This statement must be accompanied by the relevant Certificate of Currency to comply with section 175B
of the Workers Compensation Act 1987
ANNEXURE 6
