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Draft

Contract to Manage

The Quairading Memorial Swimming Pool

1st December 2016 – 31st March 2019

The Shire of Quairading hereby lets the management of the Quairading Memorial Swimming Poolto ______________________________ by way of Swimming Pool Operator’s Contract.

The objectives of this action are as described below in the Statement of Objectives:

STATEMENT OF OBJECTIVES

1. To promote, enhance, maintain and improve the Memorial Swimming Pool complexfacilities for the benefit of the community.

2. To provide efficient, accountable and quality management of a community asset andinfrastructure.

3. To operate the Memorial Swimming Pool complex in a financially prudent and ethicalmanner.

4. To ensure the provision of a comfortable and aesthetically pleasant complex for theenjoyment of the public.

5. To ensure delivery of a high level of service to the community in a friendly and courteousmanner.

6. To ensure that services are delivered by principles of best practice and standards.

7. To assist Council with the commissioning and reopening of the Memorial Swimming Poolfollowing the completion of the Pool Refurbishment Project.

_______________________ _________________________Mr. Graeme A. FardonChief Executive OfficerShire of Quairading

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2016

Shire of Quairading

And

_____________________________

Memorial Swimming Pool Operator’s Contract

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TABLE OF CONTENTS

AGREEMENT.............................................................................................................................................. 4

1 INTERPRETATION............................................................................................................................. 4

2 OPERATION OF THE MEMORIAL SWIMMING POOL ....................................................................... 6

3 TIME OF OPENING ........................................................................................................................... 9

4 CONTRACT TERM AND TERMINATION ............................................................................................ 9

5 DETERMINATION ............................................................................................................................. 9

6 CONTRACTUAL DISPUTES .............................................................................................................. 10

7 PAYMENT....................................................................................................................................... 11

8 PAYMENT NOT FINAL PROOF ........................................................................................................ 11

9 CONTRACTOR’S EMPLOYEES ......................................................................................................... 11

10 INDUSTRIAL DISPUTES ................................................................................................................... 11

11 INSURANCES .................................................................................................................................. 12

12 COMPLAINTS, INSTRUCTIONS AND NOTICES ................................................................................ 12

13 PATENT RIGHTS ............................................................................................................................. 12

14 ATTENDANCE AT COURT ............................................................................................................... 13

15 DAMAGE TO PROPERTY................................................................................................................. 13

16 SUB-LETTING, TRANSFERRING OR ASSIGNMENT .......................................................................... 13

17 WAIVER.......................................................................................................................................... 13

18 REPORTS AND RECORDS................................................................................................................ 13

19 LEGAL COSTS AND STAMP DUTY ASSOCIATED WITH THE AGREEMENT....................................... 14

20 RELATIONSHIP OF PARTIES............................................................................................................ 14

21 PROPER LAW.................................................................................................................................. 14

22 SEVERABILITY................................................................................................................................. 14

APPENDIX “A” Facility Diagram............................................................................................................... 16

APPENDIX “B” Facility Inventory............................................................................................................. 17

APPENDIX “C” SCHEDULE OF USAGE ...................................................................................................... 18

APPENDIX “D” SCHEDULE OF CHARGES – 2016/2017 SEASON .............................................................. 20

APPENDIX “E” SCHEDULE OF PAYMENTS TO CONTRACTOR .................................................................. 21

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AGREEMENT

THIS AGREEMENT is made on the ______ day of ________________ 20______

BETWEEN: Shire of Quairading of 10 Jennaberring Road, Quairading, Western Australia 6383,(‘Council’).

And ______________________________ of (‘Contractor’)

WHEREAS:

A. The Council is a local government constituted pursuant to the provisions of the LocalGovernment Act, 1995.

B. The Council agrees to enter into a contract with regards to the Memorial Swimming Pool forthe management of the Quairading Memorial Swimming Pool located at McLennan Street,Quairading.

C. The Council and the Contractor enter into this Contract to record the terms and conditionsupon which the Contractor is to manage the Memorial Swimming Pool.

NOW THIS AGREEMENT WITNESSES:

1 INTERPRETATION

1.1 Whenever in the Contract, the following expressions shall have the followingmeanings:

‘Act’ means the Health Act 1911 (as amended) and all regulations made under it, asamended from time to time;

‘Approval’ means approval by the Council or the Supervisor;

‘Acts, Regulations, Local Laws and Codes’ means an Act of Parliament (whetherState or Federal) and all regulations made pursuant to it and all local laws made oradopted by the Council under the Local Government Act 1995 and shall include allamendments of those acts, regulations, local laws and Codes applicable to publicswimming pools made from time to time;

‘Attendant’ means an employee of the Contractor; other than the Manager,employed in accordance with the requirements of and to perform the duties of theContractor under this Contract;

‘Budget year’ means the period commencing on July 1st and ending on June 30th ofeach year;

‘Contract’ means the contract entered into by the Council and the Contractor forthe management of the Memorial Swimming Pool as evidenced by this contract;

‘Contractor’ means “______________________________” and it successors andpermitted assignees;

‘Contractor’s Plant’ means all or any of the implements, appliances, equipment,tools or other things provided by the Contractor and as listed in the inventory

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attached to this contract as Appendix B and any items in addition to or inreplacement of those items;

‘Equipment’ means all the items of plant and equipment situated at the MemorialSwimming Pool at the date of the Contract and as listed in the inventory attachedto this contract as Appendix “B” and any items in addition to or in replacement ofthose items.

‘Labour’ shall be read as including the work done or required to be done and theemployment of those persons required to undertake such work as required by theContract;

‘Manager’ means the Contractor or a suitable qualified person employed orappointed by the Contractor from time to time to undertake the day to daymanagement of the Memorial Swimming Pool;

‘Chief Executive Officer’ means the person from time to time appointed by theShire in the capacity of the Chief Executive Officer of the Shire of Quairading;

‘Materials’ shall include markers, signs or any other materials required to beprovided either as part of, or in order to effect to, the provisions of the Contract;

‘Season’ means the period of consecutive months in which the Memorial SwimmingPool is open to the public and as agreed upon from time to time by the Council;

‘Supervisor’ means the officer of the Council as the Council from time to timenominates to supervise and administer this Contract and in the first instance, willbe the Chief Executive Officer;

‘Swimming Pool’ or ‘Pool’ means the Shire of Quairading, Memorial Swimming Pooland includes all premises, buildings, land and equipment used in connection withthe Swimming Pool located at McLennan Street, Quairading as represented in thediagram forming Appendix “A” to the Contract;

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1.2 A reference to any Act of Parliament (State or Federal), regulations, by-law, locallaw or Codes of Practice shall be a reference to that Act, regulation, by-law orlocal law and all Acts, regulations, by-laws local laws or Codes of Practiceamending, repealing or replacing them.

1.3 Words importing the singular number shall include the plural and masculinegenders the feminine or neuter and vice versa and words importing personsshall include companies.

1.4 Where included, headings of Clauses and marginal notes have been inserted forguidance only and shall not be deemed to form any part of the Contract.

1.5 Appendices A, B, C, D and E shall form part of the Contract.

1.6 A reference to a clause or an Appendix shall mean a clause of or appendix to thisContract.

2 OPERATION OF THE MEMORIAL SWIMMING POOL

2.1 In respect of the operation of the Memorial Swimming Pool, the Contractorcovenants as follows:

(a) At all times to operate the Memorial Swimming Pool in accordance withrequirements of all relevant Acts, Regulations, Local Laws and Codes and inparticular shall ensure that all chemicals required for water treatment inrespect of the Swimming Pool are correctly stored and utilised in accordancewith the requirements of the Acts Regulations and Local Laws and in theabsence of any such legislative requirements then in accordance with themanufacturers’ specifications or with any directions as may be given by theCouncil or the Supervisor from time to time;

(b) No later than 30th April of any Budget year, to present to the Council adetailed management and planning report outlining the operations of theSwimming Pool and its facilities including an estimate of costs for theforthcoming Budget year. This estimate must include details relating to thenecessary capital expenditure required to maintain the Swimming Poolincluding all premises and buildings, to the standards required by theCouncil, and in order to comply with all relevant Acts, Regulations, LocalLaws and Codes.

(c) That in the event of a problem relating to the Swimming bowl the Contractorshall notify the Council as soon as possible, the Council shall take reasonableaction to prevent pool closure;

(d) Will have exclusive use of the pool kiosk for the period of the contract. Nocharges shall be levied by the Supervisor or the Contractor for use of thekiosk and associated equipment.

(e) May keep and maintain a kiosk at all times whilst the Swimming Pool isopen to the public. The kiosk shall be constructed and maintained inaccordance with the requirements of the Act and all foodstuffs available forpurchases shall at all times comply with the requirements of the Act. The

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Contractor is responsible to ensure any products are protected against theft orspoilage;

(f) Shall reimburse to the Council the cost of any personal telephone calls madeon the handset located at the Swimming Pool. This reimbursement is to takeplace a the end of the season;

(g) To ensure that the Swimming Pool is ready for opening to the public no laterthat the first day of November of each year, or on such other date of openingas may be noted by the Council or the Supervisor to the Contractor;

(h) To ensure that at the end of the Contract the Swimming Pool is closed downand the whole Swimming Pool area, including all premises, buildings, plant,equipment and other things are secured;

(i) To ensure that only persons qualified in accordance with the requirements ofthe Act, and all relevant Acts, Regulations, Local Laws and Codes of Practiceare employed in the capacity of Manager or Attendant and that those personsare qualified in methods of rescue and resuscitation and hold a Certificate ofCompetency as a qualified person in accordance with the Health Act(Swimming Pools) Regulations 1964 issued by the Executive Director ofPublic Health, Western Australia.

(j) To ensure that the internal surrounds of the Swimming Pool, including thePool concourse are maintained in a well kept, clean and safe condition inaccordance with the requirements of the Council and the Supervisor and toensure that any directions in respect of those areas given by the Council orthe Supervisor from time to time are immediately acted upon;

(k) To ensure that the internal and external areas of all buildings at theSwimming Pool including offices, toilets, change rooms, sheds, outbuildings,paths and walkways are maintained in a well kept, hygienic and safeconditions at all times and in accordance with the requirements of theCouncil and the Supervisor and that any directions in this regard given byCouncil or the Supervisor from time to time are immediately acted upon;

(l) To order and ensure that all stores, chemicals, equipment, tools or otherthings required for the maintenance and operation of the Swimming Pool inaccordance with the standards and requirements of the Act or other Acts,Regulations and Local Laws or of the Council are safely and securely storedso as to be inaccessible to the public (including patrons of the SwimmingPool);

(m) To ensure that all gates, doors, windows, and other means of entrance to anybuilding or area including plant rooms, balance tanks, storerooms, kiosks, orany other room to which the public, including patrons of the Swimming Pool,are not permitted access are kept locked and secure at all times except asnecessary for emergency purposes;

(n) To ensure that the Swimming Pool is left secure at all times when not in useand all safety or security lighting or other apparatus or equipment required tobe utilised is utilised and maintained in a safe operation condition at alltimes;

(o) To ensure that all instructions or directions either given verbally or in writingby the Council or the Supervisor are implemented and complied with within

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seven (7) days of the date on which they are given or within such otherperiod of time as may be specified by the Council or Supervisor;

(p) To deposit all admission charges collected on a weekly basis at theQuairading Shire Office and complete the necessary admission returns asrequired by the Council.

(q) To permit the Council and the Supervisor, or other authorised officers to haveaccess to the pool premises and all buildings and improvements at allreasonable times by arrangement with the Contractor.

(r) The clarity of the water in the swimming pool is maintained in accordancewith sub-regulation 10 of the Health Act (Swimming Pools) Regulations1964.

(s) The chemical standards of the swimming pool are maintained in accordancewith sub-regulation 11 of the Health Act (Swimming Pools) Regulations1964.

(t) Ensure that water samples are undertaken and recorded in accordance withsub-regulation 12 of the Health Act (Swimming Pools) Regulations 1964 asfollows:

• At least twice daily for residual free chlorine and pH: and

• At least weekly for isocyanurate levels.

(u) That public notice is given at least two weeks prior and immediately prior tothe pool being closed for major events / carnivals in the local BanksiaBulletin or similar circulating local newsletter.

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3 TIME OF OPENING

3.1 Unless otherwise directed by the Council and agreed to by the Contractor, themaximum opening hours are those shown in Appendix “C”

3.2 When additional opening hours to those shown in Appendix “C” are required:The Contractor shall ensure that the Swimming Pool is manned by a personqualified in accordance with the requirements of the Act and opened to thepublic during such hours as the Council may determine, subject to a maximumof 50 hours in any one week, provided that the Swimming Pool shall be closed tothe public on Christmas Day, Boxing Day, New Year’s Day and Good Friday (ifapplicable in that Season).

3.3 The Contractor must clearly publicise the hours of opening of the SwimmingPool and such publicity shall include the placing of notices in publicationscirculating within the Shire of Quairading on at least one occasion prior to theproposed date of closure of the Swimming Pool specifying the dates upon whichthe Swimming Pool is not to be opened.

3.4 The Contractor must clearly display a notice as to the opening hours at theentrance to the Swimming Pool.

4 CONTRACT TERM AND TERMINATION

4.1 The term of the Contract shall be three Swimming Seasons commencing on the1st of December 2016 and ending on the 31st March 2019 with an additionalpost closure period from 31st March each year.

4.2 Upon the termination of the Contract, the Contractor shall transfer the servicesto its successor promptly and peacefully and in an orderly manner avoiding anyaction on the part of the Contractor or its employees which may have the effectof delaying, obstructing, damaging, misleading or harassing such successor orits employees.

4.3 Upon the expiration or sooner determination of the term, the Contractor shallyield up the pool premises and the equipment and all of the items acquired inreplacement of items of equipment and all fixtures and fittings (including allbuildings and improvements erected on the pool premises by the Contractor allof which buildings and improvements shall become the property of the Councilunless the Contractor removes them and reinstates the relevant area to itsoriginal condition) in good repair, order and condition.

5 DETERMINATION

5.1 The Council may determine the Contract in accordance with clause 5.2 withoutprejudice to any other rights or remedies that the Council may have against theContractor if:

(a) the Contractor for any reason defaults in the due and punctual performanceand execution of any of the terms and conditions of this Contract; or

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(b) in the opinion of the Council the works and service provided by theContractor and its employees, workmen and contractors has not beenperformed in a satisfactory manner.

5.2 If:

(a) the Council gives the Contractor notice in writing specifying the default andrequiring the Contractor to remedy it without delay and at the Contractors’expense; and

(b) the default is not remedied within thirty (30) days after the date of service ofthat notice the Council may:

(i) suspend all payments due and owing by the Council to the Contractoruntil the default has been remedied; and

(ii) complete or carry out any work remaining to be completed wholly orpartly by the Contractor; or

(iii) terminate the Contract by giving the Contractor written notice ofimmediate termination.

5.3 The Council may recover the costs of work carried out by the Council underclause 5.2 from the Contractor by deducting the costs incurred from any moniesdue or becoming due to the Contractor, then the shortfall shall be a debt due andowing by the Contractor to the Council.

5.4 If the Contractor defaults in:

(a) the payment of any charges payable by the Contractor under the Contract; or

(b) complying with any regulations, notices, orders or local laws; or

(c) the performance or observance of any covenant, conditions or stipulation inthe Contract;

The Council without giving notice to the Contractor may:

(d) comply with any regulations, notices, orders or local laws; and

(e) effect any repairs and do all work and things in respect of which default hasbeen made by the Contractor.

and the Contractor shall repay on demand all monies paid or costs incurred by theCouncil in so doing together with interest at the rate from time to time charged byCommonwealth Bank of Australia on overdrafts of ONE HUNDRED THOUSANDDOLLARS ($100,000.00) computed from date upon which the monies were paid ofthe costs were incurred by the Council and the total amount shall be a debt due bythe Contractor to the Council and recoverable in a court of competent jurisdiction.

5.5 The Contractor is to bear all debt recovery and legal costs incurred by theCouncil in seeking to recover the amounts owing to it under the Contract.

6 CONTRACTUAL DISPUTES

6.1 Any disputes or difference between the parties as the interpretation of the

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Contract or the rights or obligations of either party under it or in respect of anymatter which by provisions of the Contract is to be referred to arbitration, shallwithin thirty (30) days of the dispute or matter arising be referred to a singlearbitrator mutually acceptable to both parties but failing agreement then thearbitrator shall be appointed at the request of either party by the President forthe time being of the Law Society of Western Australia.

6.2 Work under the Contract shall continue at all times during arbitrationproceedings and no payment due or payable by the Council shall be withheld onaccount of the arbitration proceedings unless authorised by the Contractor.

7 PAYMENT

7.1 Subject to the Contractor complying with its obligations under the Contract, andto the Council’s right to make deductions pursuant to clause 8.2 of the Contract,the Council shall pay to the Contractor the sum of $XXXXX AUD for the2016/2017 Season and $XXXXX AUD per Season thereafter, over the term ofthe Contract payable in the manner prescribed in Appendix “E” for the term ofthe Contract. The amount payable over the period shall be referred to as theContract price. The Contract price is to be indexed annually with fluctuations inthe Consumer Price Index (C.P.I.) as at 30th June.

7.2 Suitable accommodation will be supplied to the Contractor by the Council forthe duration of the contract term during the swimming season or other agreedperiod at the agreed rental amount of $XXXXX AUD (per week). The rentalamount is exclusive of all costs of utilities consumed.

7.3 The Contractor is to make its own provision for long service leave, annual leaveand superannuation.

8 PAYMENT NOT FINAL PROOF

8.1 The payment to the Contractor of any monies shall not be taken as proof oradmission that all or any of the services for which payment has been made havebeen duly rendered.

8.2 The Council at any time after the expiration of the term or other termination ofthe Contract may require repayment of monies paid to the Contractor forservices which were not rendered by it and any such monies shall beimmediately repaid by the Contractor to the Council.

9 CONTRACTOR’S EMPLOYEES

9.1 The Contractor shall ensure that the Contractor’s employees are sober, honestand of good behaviour whilst performing their duties and do not at any timeinvite from any member of the public any gift or additional remuneration.

10 INDUSTRIAL DISPUTES

10.1 The Council shall not be liable for any loss or damage that may be incurred by

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the Contractor by reason of any strikes, locked-out employees or persons takingpart in industrial disputes or disturbances, riots or civil commotion or for anymatter, cause or thing beyond control of the Council.

10.2 If the Contractor is unable, either wholly or in part, to carry out any obligationsunder the Contract due to the circumstances beyond the Contractor’s control,the obligation shall be suspended so far as it is affected by those circumstancesand for so long as they exist.

10.3 The Contractor shall give the Council prompt notice in reasonable detail andshall use all reasonable diligence to resolve the problem, but the Contractorshall not be required to settle any labour dispute on terms contrary to itswishes.

11 INSURANCES

11.1 PUBLIC LIABILITY - The Contractor shall effect public liability insurance with aninsurance office approved by the Council for an amount not less than$10,000,000 ($20,000,000 recommended) and which shall be adjusted at theexpiration of the first and each succeeding year during the term of the Contractto an amount which on the date of each adjustment the parties agree representsan amount of public risk insurance which a reasonable and prudent person inthe circumstances of the Contractor would take out.

11.2 WORKERS COMPENSATION - The Contractor must take out WorkersCompensation Insurance for all employees for all work carried out under thiscontract.

11.3 CONTRACTOR must provide copies of current Insurance documents at thecommencement of each Swimming Season.

12 COMPLAINTS, INSTRUCTIONS AND NOTICES

12.1 The Contractor shall comply with any reasonable verbal or written instructionwhich may from time to time be issued by the Council or the Supervisor

12.2 Any notice to the Contractor under the Contract shall be sufficiently served onthe Contractor if left addressed to the Contractor at the pool premises or if sentto the Contractor by security post at the address mentioned above or theaddress last notified to the Council and a notice sent by security post shall bedeemed to have been served on the day on which it would in the ordinarycourse of post reach the address to which it was sent.

13 PATENT RIGHTS

13.1 The Contractor shall indemnify the Council against any action claim or demand,cost or expenses arising from or incurred by reason of any infringement oralleged infringement of letters patent, registered design, trademark or name,copyright or other protected right in respect of any design, machine, equipment,work, material or thing, system or method of using, fixing, working or

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arrangement used or fixed or supplied by the Contractor in the performance ofthe Contract.

14 ATTENDANCE AT COURT

14.1 Whenever called upon by the Council or by the Supervisor, the Contractor andits employees and agents shall attend at court and give and furnish evidence inany proceedings instituted by or against the Council in respect of the SwimmingPool.

15 DAMAGE TO PROPERTY

15.1 The Contractor shall be liable for all breakage, injury, death, loss of or damage toany person, property, goods or things whatsoever or the escape of any liquid orgas from the pool premises occurring or arising directly or indirectly out of or inconsequence of any act or omission done or omitted by the Contractor or any ofits employees in performance or purported performance of the Contract andshall indemnify the Council for all costs and expenses which may accrue as aconsequence of such damage.

15.2 The Contractor shall notify the Supervisor of such breakage, injury, death, lossof or damage to any goods or things whatsoever or the escape of any liquid orgas immediately after it occurs and shall immediately and properly repair andmake good any breakage, injury or damage which is capable of being repaired.

15.3 If the Contractor fails to repair the breakage, injury or damage within 24 hoursafter it occurs, the Supervisor may cause the breakage, injury or damage to berepaired and the costs and expenses incurred by the Council in doing so shall bea debt due to the Council from the Contractor. Without prejudice to any otherrights or remedies under the Contract, the Council may recover those costs andexpenses from the Contractor either by deducting the amount from any amountpayable by the Council to the Contractor or by taking action in a court ofcompetent jurisdiction to recover the debt.

16 SUB-LETTING, TRANSFERRING OR ASSIGNMENT

16.1 The Contractor shall not assign, transfer or sub-let any of the works subject ofthis Contract or any of its rights title or interest under this Contract withoutprior written approval by the Council.

17 WAIVER

17.1 Any time or indulgence allowed by the Council to the Contractor is restricted tothe particular act or default in respect of which it is allowed and shall not bedeemed to general waiver of the rights of the Council under the Contract.

18 REPORTS AND RECORDS

18.1 The Contractor shall keep full and accurate records in writing of all transaction

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associated with the Swimming Pool including those pertaining to test of poolwaters to ensure their compliance with the requirements of the Act, and theActs Regulations and Local Laws.

18.2 The Contractor shall provide monthly reports to Council no later than the thirdFriday of each month.

19 LEGAL COSTS AND STAMP DUTY ASSOCIATED WITH THEAGREEMENT

19.1 The Council shall pay the legal costs incurred in the preparation and executionof the Contract.

19.2 The Contractor shall be liable for and pay all and any stamp duties assessed onthe Contract pursuant to the Stamp Act 1921.

20 RELATIONSHIP OF PARTIES

20.1 Nothing contained in the Contract shall be deemed to constitute relationshipbetween the Council and the Contractor other that the relationship of principaland independent contractor and without limiting the generality of the foregoing,the Contract shall not be construed so as to constitute a relationship of masterand servant nor principal and agent as between the Council and the Contractor.

21 PROPER LAW

21.1 The laws of Western Australia shall govern the Contract and the parties submitto the none-exclusive jurisdiction of the courts of that state.

22 SEVERABILITY

22.1 In the event of any part of the Contract being or becoming void orunenforceable, then that part shall be severed from the Contract to the intentthat the balance of the Contract shall remain in full force and effect and beunaffected by any severance.

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EXECUTED as a Deed.

THE COMMON SEAL of the SHIRE OF

QUAIRADING is affixed in the Presence of:

Cr Brian Caporn DateShire President

Mr Graeme A Fardon DateChief Executive Officer

________________________________

XXXXXXXXXXXXXX Date

Signed by ________________________________

In the presence of Date

Witness:

Name:

Address:

Occupation:

Date:

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APPENDIX “A” Facility Diagram

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APPENDIX “B”Facility Inventory

Quairading Memorial Swimming Pool

TO BE COMPLETED AND VERIFIED ONSITE WITHTHE CONTRACTOR AND SUPERVISOR

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APPENDIX “C”SCHEDULE OF USAGE

(1) AQUATIC CENTRE OPENING TIMES

1.1 NORMAL AND MAXIMUM OPENING HOURS

NORMAL OPENING HOURS - 6 DAYS PER WEEK INCLUDING WEEKENDS

Four of the following five (5) days:

Monday 12.00noon - 6.00pmTuesday 12.00noon - 6.00pmWednesday 12.00noon - 6.00pmThursday 12.00noon - 6.00pmFriday 12.00noon - 6.00pmAnd:Saturday 12.00noon - 6.00pmSunday 12.00noon - 6.00pm

The pool will be opened three mornings a week for early morning swim sessions: 6:00am to7:00am (days of week to be determined)

The Quairading Memorial Swimming Pool may stay open until 8.00pm on days where theair temperature reaches or exceeds 38 degrees Celsius.

Note: The Supervisor will discuss the preferred weekday closing day with the Contractorafter taking account of School and Aquatic Club needs (Currently closed on Tuesday).

1.2 SEASON DURATION

The Swimming Pool Season commences on the 1st of November and closes on the 31st ofMarch (Season) of each contract year, unless otherwise determined by agreementbetween the SUPERVISOR and the CONTRACTOR.

The 2016/17 Season will commence on 1st December or upon handover following thecompletion of the Pool Redevelopment Program.

Subject to Season Conditions, the Pool Season may be extended by Mutual Agreement bythe Supervisor and Contractor.

1.3 OPENING FOR EVENTS

The Swimming Pool will also be opened for the following events annually, as determinedby agreement between the CONTRACTOR and the SUPERVISOR:

• Vacation Swimming

• In-Term Swimming

• School Faction and Interschool Swimming Carnivals

• Quairading Aquatic Club Swim Meets

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1.4 OPTIONAL OPENING

Any other time not specified in the above sub-clauses and as determined by agreementbetween the CONTRACTOR and the SUPERVISOR

1.5 OPENING BY COUNCIL

Any other time not included in the above sub-clauses, and at the responsibility of theCouncil.

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APPENDIX “D”SCHEDULE OF CHARGES – 2016/2017 SEASON

Quairading Memorial Swimming Pool

(All fees are fixed for the Financial Year)

SWIMMING POOL CHARGES

Per Session - Adult $3.00

Per Session - Child $2.00

Per Session School (Swimming Lessons) $1.00

SEASON TICKET - NOT TRANSFERABLE

Adult $74.00

Child $60.00

Family - 2 Adults and all Children $156.50

Single Parent Family - 1 Adult and all Children $110.00

Early Morning Swim Charge per Season $0.00

Cost of Early Morning Swimming is covered by a Grant

MONTHLY TICKET - NOT TRANSFERABLE

Adult $29.50

Child $21.50

FACILITY HIRE

Private Function Hire (Plus Labour Charges) $57.00

Pre School Children FREE

School Hire FREE

Aquatic Club FREE

Note:

• Adult fee charged when child leaves school or completion Year 12

• Pensioner to receive a 20% Discount on Stated Season Charges. NotSeniors Card holders

• Council’s Fees and Charges Schedule is subject to review annually.

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APPENDIX “E”SCHEDULE OF PAYMENTS TO CONTRACTOR

To be completed upon Awarding of Contract

MONTH DUE AMOUNT $

TOTAL