Treasure Lake Property Owners Association, Inc., a Pennsylvania nonprofit corporation (TLPOA) entered into a management contract with Omni Management Services, Inc. (Agent) of Indianapolis, Indiana. The contract covers the responsibilities and duties Agent is to provide along with the responsibilities and duties of the TLPOA. The contract was available on the Treasure Lake website for all TLPOA Property Owners in good standing to read; what we are about to say comes from that document. Document was signed by Steve Tuller, President TLPOA on 4/24/17, David Distler, Board Sec/Treasurer on 4/21/17 and Carol Korthaus, Vice president on 4/21/17.
Section 1.3 Scope of Work
Omni shall serve as exclusive property manager for TLPOA to perform the tasks and duties (see 1.4. Deliverables) contained herein.
Section 1.4 contains over 14 different Deliverables to include the executive oversight of the day to day management activities for the completion of the necessary functions required to meet the standards for the Scope of Work herein.
Under Contract for Property Management Services, general Terms and Conditions Part E. Contractor warrants that it is fully qualified to perform the work, and holds all applicable licenses, permits, and all other necessary qualifications. Contractor shall perform and complete in a good and worker-like manner all the work pertaining thereto described in the Scope of Work and to furnish at its cost and expense all tools, equipment, labor and materials necessary therefore, except such materials as are specifically stipulated in the contract documents to be furnished by TLPOA, and to do everything required by this contract.
Under section titled Property Management Services Contract the contract price and the contact period have been set forth.
Part N. Entire Contract. This contract, including all attachments, represents the entire contract between the parties with respect to the services which may be the subject of this contract. Any variance in the attachments does not affect the validity of the contract and the contract itself controls. All prior contracts, representations, statements, negotiations and undertakings whether oral or written are superseded hereby.
Staffing, Personnel Supervision, Office Facilities
Omni Management Services, Inc. (Agent) shall appoint a General manager with the appropriate experience who will have the responsibility for day-to-day management activities including supervision of Agent’s and Treasure Lake Property Owners’s Association (TLPOA) personnel. On site meetings, such as meetings described herein, shall be held at mutually agreeable dates and times. Agent shall appoint an Assistant General manager with appropriate experience who will have responsibility for day-to-day management activities under the supervision and direction for the General manager.
Fiscal, Financial and Bookkeeping Services
8. Any payments to Agent or any person(s) or entity(ies) affiliated with Agent, other than the management fee set for in this agreement, shall be authorized in writing, by the Board of Directors and supported by invoices or other appropriate documentation.
Section 1.10 Required Documents Provided by Omni Management Services, Inc.
Third paragraph, Omni shall submit a list of all key personnel that the company intends to name as representatives with whom TLPOA shall do business during the term of this agreement.
In light of what has been written in the contract and the Modification 1 between Omni and the TLPOA, it appears that Omni is responsible for all wages and benefits for the General Manager and the Assistant General Manager.