MEMORANDUM OF UNDERSTANDING
WITH THE (Name of Owner)RELATING TO THE OPERATION OF (name of Service or Shed)at (address of) THE PROPERTYby the Service or Shed.
SCHEDULE 1.
It is agreed that the following arrangements are part of the lease agreement between the Service or Shed (The Service) and the (the Owner)
- Rental Arrangements:
(a)That the (Owner) will allow a rental free period until………..
(b)That the rental from …….will be initially $....per week
(c)That after the first 12 months from the date of handover and thereafter every 12 months the rent will be adjusted in line with the rise or fall in the Consumer Price Index.
(d)That the rent will be paid in advance directly into the (the Owner’s) bank account at the beginning of each month.
(e)If the Service operates at a loss this loss will be sustained by Service or Shed.
(f)(g) Term of lease: 5 years, with further five-year options. At the expiry of each term the Service or Shed will have first priority to continue with this agreement should it so decide.The Service or Shed will give six months notice in writing should it decide to withdraw from managing or operating the service or shed . If the owner closes then the lease is to continue, with the Service having first option of leasing or purchasing the whole property (or another similar organisation having second option).
- Insurance:
(a)Building and Contents insurance: The Owner will be responsible for the insurance of all buildings on its property. The Service/Shed will be responsible for the contents insurance of all its equipment and furnishings in the buildings it leases from the Owner. (The Insurance will be arranged through the Owners insurance company if possible). The Owner will be responsible for the contents insurance of the building and common area that are provided and not owned by the Service or Shed. (The common area consists of the ….. and the toilets attached to it).
(b)The Owner and the Service will have their own Public Liability Insurance.(This will be a joint reporting responsibility at the meetings between both parties.) This should be through either the Owner’s insurance or through the Australian Men’s Shed Association (AMSA) or another insurance provider.
(c)WorkCover Insurance will be undertaken by the Service or Shed if the Shed employs any person. If the Owner provides a person to assist with the Serviceor Shed programme the the Owner must have Workcover insurance and this must be sighted by both parties..
(d)Director’s and volunteers’ liability, medical malpractice/ workers malpractice, will be the responsibility of the Serviceor Shed for its leased area, unless the Owner has provision for this under the Victorian Managed Insurance Authoirity. The Owner will ensure its policies cover all common areas.
(e)Motor vehicles, trailers, or other mechanical equipment stored on the property by the Owner will be the Owners responsibility or if used by the Service or Shed will be insured and the responsibility of the Service or Shed through its insurance provider.
(f)The Owner or Service or Shed is to ensure that it has at all times insurance to cover any adult or adult child absconding from the premises in case of injury or other physical or emotional loss.
(g)The Service or Shed agrees that it will not do or allow anything to be done which would invalidate any insurance policy covering the Service or Shed when in operating equipment or running programmes on the premises.
(h)The Owner’s and the Insurance Office are to be advised of any new equipment purchases, proposed building ormajor/policy/programmechanges which affect the running of the Service or Shed in order that the insurance is constantly reviewed. Simarly the Owner will advise the Service or Shed of any changes to its usage of its buildings which will affect the insurance risk.
- Utilities:
(a)The water rates will be the responsibility of the Service or Shed.
(b)Electricity: Electricity (will be billed separately as the Service or Shed and the Owner each haveelectricity meters for their areas) or have a meter, only installed to read the consumption, in order that the Shed can pay its due charge..
(c)Gas: The Service or Shed will pay for its gas usage and gas bottles and the Owner/Auspicing Body will be responsible for replenishing the gas bottles and their usage.
(d)Telephone: The Shedwill be responsible for its phone and if it does not have a phone then will pay a small agreed rental for this service and the Owner/Auspicing Body Serviceeach will be responsible for connection fees and charges for calls and any equipment rented.
- 4. Alteration of Premises:
(a)The Service or Shed shall not undertake any structural or other alterations to the premises without obtaining prior written consent of the Owner, and the Service or Shed shall meet all costs of the approved alterations.
- Access and Security:
(a)It is agreed that the nominated person of the ………………..will have keys and access codes to allow access to …………….outside of Shed’s hours, for special events or large meetings. Notice of these occasions will be given to the Owner/auspicing body in writing,
(b)The Shed will have keys to allow access through any double gates to areas for lawn mowingand in case of emergency.
(c)The Owner/ auspicing body will provide an emergency key to the CFA in case of any emergency when the Service or Shed is not operating.
(d)The Owner/Auspicing Body/ Service will be able to use the premises of the Shed if required for staff training or meetings with due notice.
(e)The Owner/Auspicing Body/Service will be allowed access to the kitchen/kitchenette when the Owner/Auspicing Body/Service has booked the meeting room.
(f)The Owner/Auspicing Body/Servicemay need access to the Shed kitchen if a ……..is being arranged to enable catering to be undertaken and will advise accordingly.
(g)The Owner/Auspicing Body Service or Shed will share a common noticeboard in a prominent space for Shedders, visitors, volunteers, staff, and other Shed members to view.
(h)If the Shed proposes at any time to operate as a Shed on a public holiday or in the evening, theOwner/Auspicing Body/Serviceis to be advised in writing prior to the event.
(i)If the Shed proposes to open at Christmas, Easter etc. or on Sundays, authorisation is required from the Owner/Auspicing Body/Service before any events are arranged.
- Resolution of Conflict:
(a)A written and agreed policy and procedure will be established between both parties within three months of opening and such policy and procedures will be regularly reviewed by the parties.
(b)Disputes are initially negotiated between identified parties in accordance with the ……………..Grievances Policy. If the dispute is not resolved they are referred for negotiation by a specially appointed committee and an independent representative.
(c)If a dispute cannot be resolved the matter should be determined by the VMSA and /or organisation representing the auspicing body before any further action takes place.
- Regular Contact and Reporting Mechanisms:
(a)The Owner and Service will establish a Group or small committeecomprising two representatives, appointed by the Owner or auspicing body, and the Shed will allow the Shed committee to appoint two members to participate and share information..
(b)The parties agree that there will be a quarterly co-location meeting between the parties or their appointed representatives to review: (i) the existing arrangements;(ii) any agreed written policy /procedures or statements; (iii) to inform each party of any personnel, or management or other important changes within either organisation which may have an effect upon this agreement; (iv) and each party will share a list of contacts and service providers within their own organisation.
- Police Checks
(a) The personal safety of ……………members/clients is paramount. All staff, volunteers assisting participants , students, and carers must undergo appropriate checks to ensure the safety of older people and others in need of assistance, of children and young people. This may include the Working With Children Check and Police Criminal Records Check. This should be completed prior before commencing in their role and records of these documents kept in secure place.
(b) The Working with Children Check and Police Criminal Records Check is conducted at the expense of the relevant staff member – this is not reimbursed by……………………….... (There are special rates for students and volunteers).
9. Other Matters:
(a)The Owner and the Service or Shed agree to share and keep each other upto date and fully informed on any matters pertaining to the operation of the Service or Shed to ensure that they work together to assist the Service or Shedto provide quality social and community engagement and programmes to the communityof …………as part of the vision to meet the needs of those participating in the Shed and community activities it encourages
(b)Funding/ Finance: Grant funding for the Shed. The auspicing body agrees that in supporting the application for a grant/programme/projectby and for the Shed, that the total sum of the all of the funds, should the application be successful, will be placed in the Shed’s Bank account or accounts that the auspiciing body keep for the Shed, whether held by the auspicing body or separately and are for the sole use for the project/programme of the Shed and accounted for as per the attached Memorandum of Understanding.
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