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Council Great Southern Regional Cattle Saleyards Deed of Assignment of Lease Meeting Date: 24 February 2009 Number of Pages : 8

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Page 1: Cover Page Deed of Assignment - Shire of Plantagenet · the Deed provided by that this consent is restricted to the particular assignment authorised and the covenant in the Lease

Council

Great Southern Regional Cattle Saleyards

Deed of Assignment of Lease

Meeting Date: 24 February 2009

Number of Pages : 8

Page 2: Cover Page Deed of Assignment - Shire of Plantagenet · the Deed provided by that this consent is restricted to the particular assignment authorised and the covenant in the Lease

DEED OF ASSIGNMENT OF LEASE

SHIRE OF PLANTAGENET

and

CLASSICZ PTY LTD

and

WENDY MARIE SWAINSON

GREAT SOUTHERN REGION CATTLE SALEYARDS CANTEEN

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LEASE DEED OF ASSIGNMENT OF LEASE dated 2009 BETWEEN SHIRE OF PLANTAGENET of Lowood Road, Mount Barker, Western Australia (‘Lessor’) AND CLASSICZ PTY LTD T/A PLANTAGENET HOTEL of Lowood Road, Mount Barker, Western Australia (‘Assignor’) AND WENDY MARIE SWAINSON of 80 Wilson Road, Mount Barker, Western Australia (‘The Assignee’) RECITALS A. The Lessor is the registered proprietor of the Land. B. The Assignor desires to transfer to the assignee the Lease of the leased Premises as from the

Date of Assignment. C. The Lessor has agreed to the transfer of the Lease from the Assignor to the Assignee upon all

parties entering into and executing this Deed. OPERATIVE PART 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions In this deed, unless the contrary intention appears, the following words have the following

meanings:

‘Date of Assignment’ means the date specified in Item 4 of the Schedule.

‘Document’ means this deed;

‘Land’ means the land specific in Item 2 of the Schedule;

‘Lease’ means;

(a) the Lease; and

(b) each assignment, extension, renewal and variation;

mentioned in Item 3 of the Schedule.

‘Leases Premises’ means the premises described in Item 1 of the Schedule.

‘Retail Shops Act’ means the Commercial Tenancy (Retail Shops) Agreements Act 1995 (WA).

‘Schedule’ means the schedule to this Deed.

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1.2 Headings, Number, Gender and Person Headings and underlinings are for convenience only and do not affect the interpretation of this deed. Words importing a singular include the plural and vice versa. Words importing a gender include any gender. A reference to a person includes a reference to a natural person, a corporation, and any entity capable of being the subject of legal proceedings.

1.3 Provisions of Deed

A reference to a part, clause, paragraph, condition, provision, party, annexure, exhibit or schedule is a reference to a part, clause, paragraph, condition, provision, party, annexure, exhibit or schedule to this deed.

1.4 Status

A reference to any statute, regulation, proclamation, ordinance or local law includes all statutes, regulations, proclamations, ordinances or local laws issued under that statute.

1.5 Document

A reference to any documents includes any amendment, supplement, replacement or novation of that document.

1.6 Party

A reference to a party includes permitted assigns, and in the case of a corporation includes its successors, and in the case of a natural person, that party’s personal representative.

1.7 Business Day

Where used, Business Day means a day on which trading banks are generally open for business in Western Australia, and that day is not a Saturday, Sunday or public holiday in that state.

1.8 Due Date

Where the day on or by which any thing is to be done is not a Business Day that thing must be done on or by the preceding Business Day.

1.9 Whole and Part

Reference to the whole, whether expressed or implied, is also a reference to any part of the whole.

1.10 Contra Proferentem No rules of construction apply to the disadvantage of a party on the basis that the party was responsible for the preparation of this Agreement or any part of it.

1.11 Governing Laws

This deed must be constructed in accordance with and governed by the laws of Western Australia.

1.12 Joint and Several An obligation on the part of two or more persons binds them jointly and severally.

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1.13 Severability Any provision of this deed which is prohibited or unenforceable in any jurisdiction is, as to that jurisdiction is, as to that jurisdiction, ineffective only to the extent of that prohibition or enforceability and does not invalidate the remaining provisions of this deed or affect the validity or enforceability of the provision in any other jurisdiction. This clause will not apply if its application would materially affect the legal or commercial arrangements intended to operate.

1.14 Bodies and Associations

If an association, body or authority, statutory or not (‘body’), cease to exist or is reconstituted, renamed, replaced or its powers or functions are transferred to any other body, a reference to that body means the body established or constituted in its place or that the powers or function of that body.

2. ASSIGNMENT

The Assignor, as beneficial owners, assigns and transfers to the Assignee as from and including the Date of Assignment the Leased Premises and the estate right title and interest of the Assignor in and to the Leased Premises to hold the Leased Premises for the residue of the term of the Lease now unexpired and any extension or renewal thereof subject to the Assignee paying the annual rental and all other money’s payable under or reserved by the Lease and performing and observing the terms, covenants, conditions and stipulations expressed or implied in the Lease on the Assignee’s part to be paid, performed and observed.

3. WARRANTY BY ASSIGNOR IN FAVOUR OF ASSIGNEE 3.1 Assignor’s Covenants The Assignor warrants to the Assignee that –

(a) Notwithstanding any act, deed or thing done by the Assignor or knowingly suffered by the Assignor to have been done, the Lease is now a valid and subsisting instrument and has not become void or voidable and that the Assignor has duly performed and observed all of the Assignor’s Covenants to the Date of Assignment;

(b) The Assignor has good right and title to assign to the Assignee the unexpired residue of the term of the Lease;

(c) The Assignor will so such further acts and things and sign and execute such further documents and deeds as the Assignee may reasonably require in order to effectually vest in the Assignee the Lease and the Leased Premises for the unexpired residue of the term of the Lease;

(d) The Assignor has not encumbered the Lease or suffered it to be jeopardised or endangered;

(e) The Assignor has not done or omitted to do anything whereby any option of renewal contained in the Lease has become or may become void or voidable and all the options of renewal are freely assignable by the Assignor and are validly assigned by this deed.

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4. ASSIGNEE’S COVENANTS IN FAVOUR OF THE ASSIGNOR 4.1 Comply with the Terms of Lease

The Assignee covenants and agrees with the Assignor that the Assignee at all times as and from the Date of Assignment during the balance of the term of the Lease and during any extension or renewal of the term will: (a) pay the Annual Rent and all other rentals and moneys payable under or reserved by the

Lease on the days and in the manner provided in the Lease; (b) perform and observe the terms, covenants, conditions, and stipulations on the part of the

Lessee expressed or implied in the Lease; and (c) indemnify and keep indemnified the Assignor against all actions, proceedings, costs,

claims, expenses and demands by reason of non-payment of Annual Rent and all other rentals and money’s aforesaid or breach, non-observance or non-performance by the Assignee of the terms, covenants, conditions and stipulations expressed or implied in the lease or otherwise relating thereto.

4.2 Adjustment of Rental and Outgoings

For the purpose of this clause, all rental money’s and outgoings payable under or reserved by the Lease and the Leased Premises will be adjusted between the Assignor and the Assignee as at the Date of Assignment.

5. ASSIGNEE’S CONVENANTS IN FAVOUR OF THE LESSOR

5.1 Comply with the Terms of Lease The Assignee covenants and agrees with the Lessor that the Assignee as and from the Date of Assignment and at all times during the balance of the term of the Lease and during any extension or renewal of the term will – (a) pay the Annual Rent and other rentals and moneys payable or reserved by the Lease on

the days and in the manner provided in the Lease; and (b) perform and observe the terms, covenants, conditions and stipulations on the part of the

Lessee contained in the Lease to the intent that the terms, covenants conditions and stipulations and the powers granted to or implied in favour of the Lessor will be binding upon the Assignee as fully and effectually and in the same manner and to the same extent as if the Assignee was a party to the Lease and expressly named therein as Lessee.

6. ASSIGNOR’S CONVENANTS IN FAVOUR OF THE LESSOR

The Assignor covenants with the Lessor to withdraw forthwith any caveat affecting the Leased Premises lodged by or on behalf of the Assignor and, if the Assignor fails to withdraw the caveat by the Date of Assignment, the Assignor ‘IRREVOCABLY APPOINTS’ the Lessor (and where the Lessor is a corporation, then every manager and other officer of the Lessor for the time being authorised on behalf of the Lessor jointly and severally) to be the true and lawful attorney for the Assignor in his name and on behalf and, as the act and deed of the Assignor, to sign and lodge at the Office of Titles, Perth a withdrawal of any caveat AND THE ASSIGNOR RATIFIES AND CONFIRMS AND AGREES TO THE RATIFY AND CONFIRM all that the attorney will do or cause to be done under or by virtue of this clause and will indemnify the Lessor in respect of any loss arising from any act done under or by virtue of this clause and will pay the Lessor costs and expenses of and incidental to the withdrawing of any caveat lodged by the Assignor affecting the Leased Premises.

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7. LESSOR’S CONSENT FOR ASSIGNMENT The Lessor consents to the assignment by the Assignor to the Assignee of the Lease as set out in

the Deed provided by that this consent is restricted to the particular assignment authorised and the covenant in the Lease against sub-letting assignment or transfer for the Lease or parting with the possession of the Leased Premises or any part thereof remains in full force and effect.

8. ASSIGNOR NOT RELEASED Subject to the provisions of the Retail Shops Act, nothing contained or implied will be deemed

to release, discharge or limit the liability of the Assignor to the Lessor under the Lease or any prior deed of assignment of the Lease for the term or any extension of renewal thereof.

9. POWER OF ATTORNEY BY ASSIGNEE The Assignee irrevocably constitutes and appoints the Lessor and if the Lessor is a corporation

each and every one of the directors and other officers of the Lessor jointly and severally the agent and attorney of the Assignee to perform all acts, matters and things and execute all deeds instruments and documents which the Lessor was authorised to perform or execute on behalf of the Lessee in accordance with the provisions of the Lease and the Assignee ratifies and confirms and allows and agrees to ratify and confirm and allow all whatsoever the Lessor lawfully does or causes to be done under or by virtue of this Deed.

10. COSTS AND STAMP DUTIES The costs of and incidental to the instructions for the preparation, execution and stamping of

this Deed in triplicate and all stamp duties and other outgoings payable in respect of this Deed will be borne and paid by the Assignee.

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SCHEDULE Item 1. Premises: That part of the land delineated and hachured black on the plan annexed to the Lease. Item 2. Land:

The land situated at Albany Highway, Mount Barker, Western Australia and being portion of Lot 3 on the Plan 19319 and being part of the land comprised in Certificate of Title Volume 2170, Folio 833.

Item 3. Particulars of Lease Lessor: Shire of Plantagenet Assignor: Classicz T/As Plantagenet Hotel Assignee: Wendy Marie Swainson Term of Lease: Three (3) Years Commencing 8 November 2007 Item 4. Date of Assignment 1 April 2009

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Executed by the parties hereto as a Deed this day of 2009 THE COMMON SEAL of ) SHIRE OF PLANTAGENET ) hereunto affixed by authority ) of the Council in the presence of ) Shire President Chief Executive Officer THE COMMON SEAL of ) CLASSICZ PTY LTD is affixed ) In accordance with its ) constitution in the presence of ) Director Name of Director (print) Director/Secretary Name of Director/Secretary (print) SIGNED BY ) WENDY MARIE SWAINSON ) in the presence of : ) Witness Signature Name of Witness (print) Address Occupation

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Council

Lease - Mitchell House - Plantagenet Arts Council

Cover Page - Lease - Plantagenet Arts Council

Meeting Date: 24-Feb-2009

Number of Pages : 9

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Dated 2009 ___________________________________

SHIRE OF PLANTAGENET

and

THE PLANTAGENET ARTS COUNCIL INCORPORATED

LEASE

Lot 10 Albany Highway, Mount Barker

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THIS LEASE dated 2009 BETWEEN SHIRE OF PLANTAGENET OF Lowood Road, Mount Barker, Western Australia (“the Lessor”) AND the person or body described as the Lessee in the Schedule (“the Lessee”) 1. DEFINITIONS In this Lease, unless the contrary intention appears: “Building” means the building or buildings constructed upon the Land; “Commencement Date” means the date specified as such in the Schedule; “Fittings” included fixtures, fittings, partitions and equipment on the Premises; “Land” means the Land described as such in the Schedule; “Lessee’s Covenants” means the covenants and agreements contained or implied in this Lease to be observed and performed by the Lessee; “Permitted Use” means the permitted use of the premises more particularly specified in the Schedule; “Services” means any water, gas, electricity, lighting, sanitary, hot water, air conditioning and ventilation systems, security now or hereafter installed to serve the Premises and included all associated parts, fittings and accessories; and “Term” means the period specified as such in the Schedule. 2. LEASE The Lessor leases to the Lessee and the Lessee accepts a lease of the Premises upon the terms and conditions in this Lease. 3. LESSEE’S COVENANTS 3.1 Rent The Lessee shall pay to the Lessor the Rent on the Commencement Date and on each subsequent anniversary during the Term. The amount of rent as defined in the Schedule will be adjusted by the Australian Consumer Price Index for Perth on each anniversary. 3.2 Services The lessee shall pay for all Services consumed or used by the Lessee on the Premises. 3.3 Rates and taxes

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The Lessee shall pay all rates and taxes payable in respect of the Land, the Building and the Premises. 3.4 Maintenance (1) At all times during the Term the Lessee shall maintain the Premises and all

Fittings in good and tenantable condition, fair wear and tear expected. (2) The Lessee need not carry out repairs of a structural nature. (3) The Lessee shall make good any breakage, defect or damage to the Premises or

the Fittings caused by want of care, misuse or abuse on the part of the Lessee or the Lessee’s agents, contractors, invitees or licensees or occasioned by any breach or default by the Lessee under this Lease.

(4) The Lessee shall keep the Premises and the Fittings clean and tidy, free from

refuse and free from pests and vermin. 3.5 Indemnity The Lessee agrees to indemnify the Lessor against all claims, actions, proceedings and suits whatsoever brought by or made against the Lessor by a third party when on or near the Premises caused or contributed to by the act, omission default or negligence of the Lessee. 3.6 Public risk insurance The Lessee shall, at the Lessee’s expense, effect and keep current, with an insurance company approved by the Lessor a policy covering public risk which will: (a) be in the name of the Lessee and the Lessor and provide for a minimum cover of

ten million dollars ($10,000,000.00) for each accident, claim or event or such a higher amount as the Lessor specifies; and

(b) extend to cover any liability for the death of, or injury to, any person or damage to

any person’s property sustained when such person is using or entering or near any entrance, passage, stairway, or window to into or of the Premises, or sustains the injury or damage as a result of consuming food or drink supplied on or from the Premises or as a result of goods sold on or from the Premises; and

(c) require the insurance company and the Lessee to give the Lessor at least 30 days

written notice before either cancellation of the policy or a reduction in its level or extent of cover; and

(d) contain a clause which provides that any claims made by any of the insured

parties against any other will be treated as though the claimant were not an insured party and in such instances provide that the insurance company waives its right of subrogation; and

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(e) provide cover which is primary and not contributory with any policies affected by

the Lessor. 3.7 Lessee not responsible for building insurance The Lessee is not responsible for effecting building insurance with respect to the Premises. 3.8 Lessor’s right of entry The Lessor may enter the Premises to inspect them to ascertain if the Lessee is performing the Lessor’s Covenants. 3.9 Requirements of authorities The Lessee shall comply with all written laws relating to its use of the Premises and the requirements of all its authorities given under such laws. 3.10 Use of premises The Lessee shall use the land and buildings for Arts Council purposes. 3.11 No assignment or sub-letting The Lessee shall not assign, sublet or part with possession of the Premises or any part of them to any body or person without the permission of the Chief Executive Officer of the Shire of Plantagenet being first sought and obtained. 3.12 Alterations The Lessee shall not make or permit to be made any alteration, addition or improvement to the Premises without the permission of the Chief Executive Officer of the Shire of Plantagenet being first sought and obtained. 3.13 Delivery-up The Lessee shall at the end of the Term deliver up the Premises in good and tenantable condition fair wear and tear expected and in accordance with the Lessee’s Covenants. 4. LESSOR’S COVENANT 4.1 Quiet enjoyment Subject to the Lessee complying with the provisions of the Lease, the Lessor covenants with the Lessee that the Lessee may peaceably hold and enjoy the Premises during the Term without any interruption or disturbance from the Lessor or any other person lawfully claiming through or under the Lessor.

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5. MISCELLANEOUS 5.1 Termination of lease on destruction or damage (1) If the Premises are destroyed or damaged so as to render them in the opinion of

the Lessor wholly or partially unfit for the Permitted Use then the Lessor may, on giving one (1) month’s notice in writing to the Lessee, terminate this Lease.

(2) Termination under clause 5.1(1) will be without prejudice to any rights or claim

for damages which may have accrued to either party prior to termination. 5.2 Termination on default If the Lessee neglects or fails to perform any of the Lessee’s Covenants within fourteen (14) days after the Lessor’s written notice to the Lessee to remedy the same, then the Lessor may re-enter the Premises and this Lease will come to an end but without prejudices to any rights or claims for damages which may have accrued to either party. 5.3 Holding over Where the Lessee continues in occupation of the Premises after the expiration of the Term with any demand for possession having been made by the Lessor, the Lessee will be taken to hold the Premises under a monthly tenancy (determinable at any time upon one (1) month’s notice from the Lessor) upon and subject to the same terms as are contained in the Lease so far as they can be applied to a monthly tenancy. 5.4 Costs and stamp duty The Lessor and the Lessee will each bear their own costs of and incidental to the preparation and completion of this Lease. The Lessee shall pay all stamp duty on this Lease. 5.5 Notices Any notice, demand, consent or other communication required to be given or served under this Lease will be duly given to or served on the Lessee if in writing signed by or on behalf of the Lessor and delivered by hand or sent by prepaid registered or certified mail to the Lessee at its address in the Schedule or to such other address in the Schedule or to such other address as may be notified in writing to the Lessor. 5.6 Waiver Where the lessee is in default of any of the provisions contained or implied in this Lease, the doing or omission of any act or thing by the Lessor will not operate as a waiver of the Lessee’s default notwithstanding any rule of law or equity to the contrary. 5.7 Severability

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Any provision of this Lease which is prohibited or unenforceable in law does not invalidate the remaining provisions of this Lease. 5.8 GST (a) If GST is imposed or levied in respect of any supply by a party under or in

accordance with this Lease (including the supply of the Premises or the supply of any goods, services, right, benefits or other things) then the party making the supply may recover the GST Amount from the party receiving the supply in addition to the Consideration. The party making the supply shall provide such invoices to the party receiving the supply as are required pursuant to the GST Legislation.

(b) In sub-clause (1): “Consideration” means any amount or consideration payable or to be provided pursuant to any provision of this Lease other than this clause; “GST” means any form of goods and services tax or similar value added tax; “GST Amount” means the Consideration (after deducting, the GST Exempt Component) multiplied by the Rate; “GST Exempt Component” means any part of the Consideration which solely related to supply that is free or exempt from the imposition of GST; “GST Legislation” means A New Tax System (Goods and Services Tax) Act 1999 and any other legislation or regulation which imposes, levies, implements or varies a GST or any applicable rulings issued by the Commissioner of Taxation; “Rate” means the rate at which GST Legislation from time to time imposes or levies GST on the relevant supply under this Lease; “supply” includes supply as defined under GST Legislation. 5.9 Interpretation In this Lease, unless the context indicates a contrary intention: (a) words suggesting the singular include the plural and vice versa; (b) words suggesting any gender include any other gender; (c) reference to a person include a company, corporation and unincorporated or

incorporated association or statutory authority;

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(d) heading used for clauses, paragraphs, subparagraphs, Schedules and the table of contents are for ease of reference only and will not affect the interpretation of this Lease;

(e) references to laws include any modification or re-enactment of those laws, or any

legislative provisions substituted for such laws, and all orders, local laws, planning schemes, by-laws, regulations and other statutory instruments issued under those laws;

(f) use of words “includes” or “including” means without limitation, unless the

contrary intention appears.

SCHEDULE

PARTICULARS

ITEM NO. DESCRIPTION DETAILS 1. 2. 3. 4. 5. 6. 7.

The Lessee The Premises The Land The Term & Commencement Date Rent Address for service of notices Permitted Use

Plantagenet Arts Council Incorporated Box 343 Mount Barker WA 6324 The Land and the Building Lot 10 Albany Highway, Mount Barker WA 6324 Term: Five (5) years Commencement Date: 1 March 2009 $1,215.00 per annum Box 343, Mount Barker WA 6324 Arts Council purposes

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EXECUTED AS A DEED THE COMMON SEAL of SHIRE OF ) PLANTAGENET was hereunto affixed ) pursuant to a resolution of the Council in ) the presence of: ) _____________________________________ Shire President _____________________________________ Chief Executive Officer THE COMMON SEAL of THE ) PLANTAGENET ARTS COUNCIL ) INCORPORATED was ) hereunto affixed by authority of the ) Committee in the presence of: ) _____________________________________ _____________________________________

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Council

Staff Establishment – Proposed Amendments

FESA – MOU

FESA – Business Plan

Meeting Date: 24 February 2009

Number of Pages : 17

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MEMORANDUM OF UNDERSTANDING

between the

FIRE AND EMERGENCY SERVICES AUTHORITY

OF WESTERN AUSTRALIA

AND

SHIRE OF PLANTAGENET

FOR

THE PROVISION OF A

COMMUNITY EMERGENCY SERVICES

MANAGER

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1. PURPOSE 1.1 This Memorandum of Understanding (MOU) is intended to identify and document the

respective roles and responsibilities of the Shire of Plantagenet (the Shire), the Fire and Emergency Services Authority of Western Australia (FESA), and the Community emergency services manager (CESM) to manage the Shires fire and emergency services.

1.2 This MOU outlines the responsibilities and undertakings of the parties within this

agreement, for the delivery of fire and emergency services to the shire in accordance with FESA’s best practices.

1.3 This MOU does not constitute or create and shall not be deemed to constitute, any

legally binding or enforceable obligations on the part of any party. 2. FESA This MOU will support FESA’s mission, vision and values: Mission: In partnership with the people of Western Australia to:

Improve community safety practices; and Provide timely, quality and effective emergency services.

Vision: A safer community. Values: Put the community first;

Work together as a committed team; Respect and value each other; Continuously improve our service; Act with integrity and honesty; Have open and honest two-way communications; Strive to keep ourselves and others safe.

3. SHIRE OF PLANTAGENET Mission: To improve the quality of life for the people of Plantagenet, both present and future. Vision: We see families and economic development as the mainstay for creating a community that will provide everything that is needed: economic, security, safety and social networks within an environment that is clean and safe. A district where people will come to raise families because of educational opportunities, health facilities, economic infrastructure and a variety of housing opportunities.

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4. DEFINITIONS Emergency Management: means the provision of Prevention, Preparedness, Response and Recovery functions in order to provide a comprehensive approach to emergency management within the shire. 5. MOU OBJECTIVES 5.1 To establish specific responsibilities with respect to the delivery of emergency

management within the shire, in particular to:

Delivering coordinated prevention programs to reduce the incidence of emergencies and improve the level of safety in the community;

Operating to a consistent set of protocols and equipment standards; Providing efficient systems of communication between organisations at all levels

to improve service delivery outcomes; Promoting and supporting volunteer organisational arrangements that combine the

spirit of volunteerism to attract and retain members; Providing and or coordinating the required level of training to personnel, to ensure

that competencies are appropriate to the level of risk and emergencies to which volunteers will be required to respond;

Developing a partnership that will see a best practice approach to bush fire service delivery implemented between the Shire and FESA; and

Enhancing community ownership of fire prevention and preparedness programs and activities.

5.2 To establish an agreement between the Shire and FESA, under Part 3 Section 12(2)(E)

and (f) of the Fire and Emergency Services Authority of Western Australia Act 1998, to ensure the Volunteer Bush Fire Brigades are supported, trained, equipped and capable of providing appropriate fire services to the community.

6. ACKNOWLEDGMENTS AND UNDERTAKINGS BY FESA 6.1 FESA will deliver the following services:

Prevention: The development and supply of community safety programs and services, to shire staff and emergency service volunteers as required and mutually agreed. Programs and services include (but are not limited to) Bush Fire Ready, Home Fire Safety, Schools Education program and Smoke Alarm Programs.

Preparedness: In addition to the programs described for prevention, the training of volunteers will be managed in partnership with the volunteer training network (as aware of the increased risks faced by the emergency services and the resourcing profile required). Access to specific courses will be provided to volunteers, where the form of training aligns and supports the modified role of the volunteer/s.

Response: FESA will manage the day to day communications requirements of

response to incidents via the Communications Centre. Management and leadership will be provided by FESA at fire incidents, when requested by the Shire and agreed to by FESA.

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Recovery: FESA will provide strategic assistance and advice to the shire concerning the development and implementation of recovery management plans and recovery management.

Management and Administration: FESA will provide day to day and strategic

management services, including vehicle and equipment standards, standards of operation, guidance on Emergency Services Levy budgeting, brigade training maintenance, community liaison and administrative returns such as incident reports and activity statements.

Community emergency services manager (CESM): FESA will meet 50% of the

costs incurred for the employment of a CESM. Activities undertaken by this position will be listed as part of an annual business plan which will be approved by both FESA and the Shire. The plan will be reviewed each year.

6.2 FESA will provide strategic advice and access to programs and/or services in order to support services delivered by the Shire.

7. ACKNOWLEDGMENTS AND UNDERTAKINGS BY THE SHIRE OF PLANTAGENET.

7.1 The Shire will deliver the following services:

Prevention: Administer and enforce the fire prevention provisions of the Bush

Fires Act 1954 and promote and participate in appropriate community safety programs in consultation with FESA.

Preparedness: In addition to the applicable community safety programs identified against prevention, the Shire will through its staff and infrastructure support the emergency services preparedness programs developed and implemented by FESA.

Response: The Shire will respond to day to day incidents through the turnout of

their Bushfire Brigades and available logistical support. The Shire support will be extended to FESA controlled incidents when requested by the Incident Controller.

Management and Administration: The Shire will provide leadership and support

to the development and management of its community Emergency Risk Management Arrangements.

7.2 The Shire will provide input into the development of the emergency services operating

and capital budget, to ensure sufficient funds are requested through the Emergency Services Levy (ESL) funding process to maintain emergency services buildings, appliances and associated operational infrastructure. The Shire will make provision within its (LGA) annual budget, those agreed funds, to meet 50% of the expenses associated with the (CESM) position.

7.3 The Shire agrees to procure and maintain Worker’s Compensation insurance or

comparable Personal Accident Insurance for the position of the CESM. 7.4 The Shire will maintain the existing emergency services buildings, appliances and

operational infrastructure and provide access to FESA through normal mobilising arrangements.

7.5 The Shire agrees to advertise the CESM position.

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8. COMMUNITY EMERGENCY SERVICES MANAGER (CESM)

ACKNOWLEDGMENTS 8.1 The CESM will be an employee of the Shire and as such will report to the Manager of

????? Services and respond to advice and requests from the designated FESA District Manager.

8.2 The CESM will undertake the role as per the agreed business plan between the Shire

and FESA. 8.3 The CESM will report twice per year on performance indicators to the Shire and

copied to the relevant FESA District Manager. Refer to agreed business. 9. CONDITIONS OF EMPLOYMENT 9.1 The CESM will be employed on a contract basis for a period of three (3) years (with

the option to extend) under an employee/employer contract/agreement. 9.2 The selection process for the position of the CESM will be managed by the Shire with

the support of FESA as required. 9.3 The CESM will be required to work to an agreed business plan, which will be

developed by the Shire and FESA. 9.4 The Shire will provide office facilities for the CESM. 9.5 The hours of duty will be 76 hours per fortnight over nine (9) days per fortnight. The

CESM will be expected to manage their own time and will be required to work some weekends and nights, as required.

9.6 The CESM uniform will be blue, with shoulder patches displaying FESA Fire and

Emergency Services of WA and the appropriate epaulettes representing the Shire. 9.7 Overtime will be paid for attending wild fires by FESA. Any other overtime will only

be paid with the approval of the Manager of ????Services or equivalent in accordance with clause 10.1.

9.8 Any performance based issue or grievance will be addressed by the use of the

appropriate Shire internal policies. 9.9 The vehicle used by the CESM, will be by agreement with the Shire and FESA. 10. FINANCIAL ARRANGEMENTS

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10.1 FESA and the Shire will be responsible for 50% of all costs associated with the CESM

position. 10.2 FESA will pay invoices (for the CESM position) to the Shire on a quarterly basis

except those specified in clause 9.7. See attached sheet. 11. DURATION AND AMENDMENT

This MOU will take effect from ?????, 2009 and will remain in force for a three year period, with the option to renew for another three years upon agreement of both parties. This Agreement shall not be altered varied or modified in any respect, except by agreement of both parties in writing. 12. DISPUTE RESOLUTION Dispute resolution with regards to the content of this document is to be conferred, deliberated and resolved by the FESA CEO or a nominated delegate and the Shire CEO or a nominated delegate. 13. TERMINATION This Agreement may be terminated by: (a) Mutual agreement of both parties in writing at any time;

or (b) Either party by giving three months notice in writing to the other party, at any time. 14. NOTICES Notices or other communications by each party to each other and under this MOU must, unless otherwise notified in writing, be addressed and forwarded as follows:

FESA Chief Executive Officer Fire and Emergency Services Authority of Western Australia FESA House PO Box P1174 PERTH Western Australia 6844

Chief Executive Officer Shire of Plantagenet PO Box 48 MT BARKER WA 6324

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MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is made

on the ____________ day of _______________ 200_

BETWEEN THE

Fire and Emergency Services Authority of Western Australia 480 Hay Street

PERTH WA 6000

AND

Shire of Plantagenet Lowood Road

MT BARKER WA 6324

Date of effect will be 19th March 2009 SIGNED for and on behalf of the Fire and Emergency Services Authority of Western Australia by: JO HARRISON-WARD ____________________ ______ CHIEF EXECUTIVE OFFICER Signature Date SIGNED for and on behalf of the Shire of Plantagenet by: ROB STEWART _____________________ _______ CHIEF EXECUTIVE OFFICER Signature Date

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SHIRE OF PLANTAGENET

COMMUNITY EMERGENCY SERVICES MANAGER

COST SHARING ARRANGEMENTS WITH FESA

PERSONNEL COST SHARED FESA L. GOVT Salary On Costs Sanctioned Overtime ITC COST PC 1,500.00 750.00 750.00 Mobile Phone 500.00 250.00 250.00 VEHICLE COSTS Lease & Fitout 9,000 4,500 4,500 Fuel, Servicing, Insurance 5,000 2,500 2,500 TRAINING Course fees/accommodation 2000.00 1,000 1,000 UNIFORM 500.00 250.00 250.00 Purchase/Maintenance 500,00 250.00 250.00 GRAND TOTAL - Note: 1. LG to provide vehicle lease; 2. FESA to pay for sanctioned overtime; 3. All other costs to be shared by FESA and Local Government; 4. On costs include; workers comp, p/l insurance, a/leave and sick leave 5. Costs are an approximation.

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Page 1

BUSINESS PLAN 2009 (as at 22 April 2009)

An agreement between the Shire of Plantagenet and the Fire and Emergency Services Authority of Western Australia

1. PREVENTION

To provide a range of prevention services to increase community awareness of hazards and their involvement in minimising impact.

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS Fire prevention planning

Assist LG to develop & implement mitigation pre- plans for all council vested reserves. Fire Hazard inspections of all reserves

CESM

1 October 1 August

Plan provided No of plans updated Number of inspections

Awareness programs for the community

Review & identify suitable programs for the community eg Bush Fire Ready, JAFFA, Stay or Go & Smoke Alarm program Public information & media contacts Evaluate the effectiveness of programs

CESM DM Brigades

Ongoing

Number of programs delivered to the community. Notices and articles in media

Administer provisions of the Bush Fires Act and Emergency Management Act

Ensure due observance with relevant Acts throughout the district

CESM

Ongoing Local Government compliance with laws.

Sub-division plans for shire Review and comment on all subdivision plans Provide advice to developers, shire and consultants

CESM DM Shire planners

Ongoing The number of subdivisions where advice is accepted

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Page 2

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS

Strategic firebreak network

Map and rate bush fire hazards Update all strategic firebreak plans Set standards for prevention activities and implement.

CESM

Annually

Plans maintained & updated

Develop program for unallocated crown land & unmanaged reserves

Prepare mitigation plans for managing risks on UCL/UMR Engage BFB in hazard reduction burning programs Liaise with contractors for mitigation works

CESM DM Brigades

Ongoing Maintain and update plans Maintain UCL/UMR data base system % of hazard reduction burns program undertaken. Firebreaks upgraded

Fire Protection standards including building standards

Advice in regard to new buildings to comply with the relevant building code AS 3959. Provide advice to developers, shire and consultants on request. Site inspections when required

CESM

Ongoing The number of subdivisions where advice is accepted

Cause of accidental & suspicious fires

Ensure brigades report suspicious fires Ensure investigation is conducted Volunteers to be trained in basic fire investigation & preserving point of origin at fire incidents

CESM Manager Investigations unit Police Arson Squad

Maintain data base with information on suspicious fires Training conducted for volunteers

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Page 3

PREPAREDNESS

To provide and maintain appropriate and adequate infrastructure, equipment, skilled personnel, plans and programs in preparation for emergencies. To provide support to the community in its preparation for emergencies and mitigation of risks.

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS

Training for Bush Fire Brigades

In consultation with Brigade, develop a program of appropriate courses for Bush Fire Brigade Vols & Council staff Maintain a record of courses and attendees Undertake the role of Shire Training Coordinator, if required & support volunteer training instructor Ongoing training needs analysis

CESM DM Vol Instructors

Ongoing Maintain & update Train data base The number of courses programmed

Shire Emergency Service Directory & contacts list

Develop & maintain a directory for emergency service contacts

CESM Shire support

Annual directory produced

Stakeholder Relationships Liaise with key stakeholders regularly eg Police, Media outlets,SES

CESM ongoing Number of meetings

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Page 4

PREPAREDNESS

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS

Manage Brigade memberships Audit existing m/ships of bush fire brigade inc medicals, police clearances etc Maintain all brigade memberships

CESM Ongoing The number of registered volunteers Up date OMS

Evacuation Centres Liaise with LEMC to assist in Identifying & maintaining evacuation centres

LEMC CESM DM

Ongoing Number of Evacuation Centres

Meetings attendance Provide reports to meetings where applicable.

Act as an executive officer to the BFAC. Provide advice to council

CESM / DM Ongoing Number of meetings attended

Manage Bush Fire Brigade & State Emergency Service administration

Draft ESL budget & acquit accurately for BFB & SES Liaise with Finance Officer & administer insurance procedures Ensure BFB comply with ESL requirements. Report to DCCS on o/accounts

CESM Ongoing Time spent on RMS ESL accounts within budget & compliant

Evaluate all Incident Reports Review all reports Ascertain trends where there are implications for volunteers & shire staff

CESM Ongoing Number of incident reports each financial year

Plan a major exercise Liaise with LEMC on exercise & provide support

CESM/DM Annually Number and type of exercise Volunteers number attending

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Page 5

PREPAREDNESS

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS

Emergency water supplies Inspect & maintain water supplies pre and post –fire season

CESM April Nov

Maintain water supply data base

Level two incident management training for BFBs

Liaise with brigades on the suitability for volunteers to be trained

CESM DM

Maintain & update Train data base

Bush Fire Brigade fire appliance fleet

Program & coordinate maintenance of vehicles & equipment including communication systems.

CESM Shire depot Records

April/Sep Maintain vehicle servicing records

Risk to Resources (R2R) Model

Review & analyse the R2R model against current resource inventory

CESM DM Shire

November Review model annually

Administer Local Emergency Management Committee functions

Attend LEMC meetings

Provide advice and assistance to the committee and executive officer

CESM LEMC Executive Officer

Ongoing LEMC compliance with SEMC policy

District Emergency Management Committee

Attend DEMC meetings on behalf of council

CESM

Quarterly Attendance record

Monitor Emergency Coordination Centre readiness

Maintain ECC and develop Standard Operating Procedures

CESM LEMC

Annual Audit ECC Updated SOP’s

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Page 6

RESPONSE

To ensure rapid and comprehensive response to emergencies, to contain and minimise the impact of emergencies. . To support the community in its own response to emergencies.

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS

Ensure effective rapid response to emergencies by BFBs where practical

Maintain & review mobilisation procedures for BFBs All mobilisation to be monitored in line with SOP

CESM DM

Ongoing

. Number of incidents attended by brigades Number of complaints

Response plans for Bush Fire Brigades

Develop & maintain response plans for BFBs

CESM DM

Ongoing Number of plans in place

Attend incidents within the district or neighbouring shires

Respond to incidents when requested Provide IMT support as required Monitor all incidents & support with resources when required Support FESA and other Local Governments as per the Mutual Aid Agreement.

CESM Ongoing Number of requests for assistance

Liaison at incidents Act as a liaison officer at all emergency incidents requiring local government notification.

CESM Ongoing Number of incidents requiring attendance

Liaison with Local State Emergency Service(SES)

Liaise between Shire and local SES to assist / provide operational support Provide assistance with ESL

CESM Ongoing Number of incidents attended or contacmade.

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Page 7

RECOVERY

To assist the community, employees and volunteers affected by major emergencies to recover effectively and efficiently.

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS Counselling service & Peer Support

Encourage BFB/ SES to utilise services All major incidents involving volunteers, whereby there are serious injuries, trauma or fatalities to be reported to the FESA Comcen Ensure OHS&W as required

CESM Ongoing Peer support group formed and maintained. Counselling offered to volunteers and staff

Incident Recovery Provide advice on the activation and implementation of the recovery plan

Monitor & review plan with LEMC

CESM DM Community Engagement

Ongoing Recovery plan activated Evacuation plan activated

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Page 8

Special Projects

To assist local government and FESA with special projects that mitigates the impact of incidents on the community

OUTCOME STRATEGY WHO DUE PERFORMANCE INDICATORS Special Projects Coordinate & manage projects for

FESA & LG in regard to fire and emergency management

CESM Ongoing Completion according to timelines Project reports