Memorandum of Understanding s10

Vertical Communities Template Series

Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

FOR VERTICAL COMMUNITY PARTNERSHIP

DATED DD MMMM YY

BETWEEN

1. [PARTY 1] of [Address] referred to as Building Manager and

2. [PARTY2] of [Address] referred to as Building Owner

Address of Building:

BACKGROUND

1. The Building Owners, Building Manager and Tenants are working to build a Vertical Community of businesses engaged in optimising the operational performance of the commercial office Building and its tenancies at the address listed above.

2. Energy used by commercial buildings is growing faster than in any other sector. Research conducted by The Warren Centre in 2009 demonstrated a strong link between improvements of a building NABERS Energy rating and the implementation of low/no cost energy efficiency measures such as management and training or stakeholder engagement. Such initiatives can improve a buildings NABERS Energy rating by more than 2.6 Stars.

3 The aim of the Vertical Community is to improve energy and carbon performance of the Building through collaboration. The Community seeks to address the whole building together, including the base building and Tenant controlled areas.

4. The Community will also build social capital for rapid and measurable behaviour change through motivation of specific parties, nurturing networks and fostering collaboration within the Building and improve tenant understanding of their role in best performing buildings

5. Through collaborative education and improved communication, the ultimately aim is a ‘higher performing’ Building; measured by higher educated tenants and increased NABERS ratings over the whole building.

6 The Vertical Community will create a new model of partnership between landlord and tenants that increases trust and collaboration.

7. This Memorandum of Understanding is establishes a framework for co-operation between the Building Owner and Building manager to develop and implement the Community, and in conjunction with the building tenant and occupants, establish a sustainable and educational partnership.

8. Building Manager will contribute funds or in kind support as per section 7.1

9. Building Owner will contribute funds or in kind support as per section 7.2

1. DEFINITIONS

The following definitions apply in this Memorandum of Understanding:

Building means the building as listed in Schedule 1.

Building Energy Efficiency Certificate (BEEC) is a mandatory document stemming from the CBD Program that outlines the energy efficiency rating of a building or space which is offered for sale, lease or sublease. It includes a NABERS rating, a tenancy lighting assessment and general energy efficiency guidance.

Building Management Committee (BMC) means a committee formed of both tenant and landlord representatives, who are authorised to act on behalf of the tenant and landlord in relation to the implementation of the green lease. Where a BMC is already in place, the Vertical Community may become a campaign delivered through this Committee. Where a Building has no existing BMC, the Vertical Community may evolve into a BMC over time.

Building Owner (BO) means the party as listed in Schedule 1.

Building Users Guide is a document provided by the landlord for the tenants and occupants that includes relevant information regarding to the energy and environmental strategy, monitoring and targeting, building services overview, materials and waste policies and expansion, tenancy and refurbishment requirements.

Campaign means the initial term of the Vertical Community as described in this document and comprising of one or more activity.

CitySwitch also known as the CitySwitch Green Office Program is a free initiative provided by local councils. It provides support, resources and annual recognition awards to assist commercial tenants to increase their energy efficiency, and to reduce carbon emissions. www.cityswitch.net.au

Green Leasing is a leasing agreement between the landlord and tenant which aims to ensure that the ongoing use and operation of a building minimises environmental impacts. Green leasing enables better environmental and economic performance of a building and includes monitoring and compliances of environmental measures, and ratings such as NABERS energy, water, waste and indoor environment rating tools for tenancies and landlord as well as Green star rating tools for tenants.

Environmental Management Plan (EMP) is the overall plan to deliver and maintain specific environmental performance objectives for the buildings included in the Vertical Community Campaign.

Intellectual Property Rights means all intellectual property rights in Australia and throughout the world, present or future including copyright in sketches, plans, maps, drawings, reports, computer programs, databases, models and any designs, trademarks or other intellectual property rights.

NABERS means the performance based rating system for existing buildings on the basis of their actual operational impacts of the environment and includes ratings for Energy, water, waste and indoor environment.

Memorandum or MOU means this Memorandum of Understanding, and includes all Schedules to this Memorandum.

Occupants means all those who live of work in the Building.

Project Manager means the nominated project manager as identified in Schedule 1

Tenant means a nominated representative of each company occupying space in the Building and listed in the tenant directory of the Building.

Signatories means organisations with office tenancies within the local government area of a council that commits to participate in the Program by submitting a Signatory Commitment.

Vertical Community or Community means all occupants of the Building as represented at meetings of the BMC by a nominee from each Tenant business, the Building Owner and Building Manager.

2. GENERAL

The parties acknowledge and agree that they will collaborate and work together to develop and implement the Community for [time frame] and progress the general aims and objectives of the Campaign as set out in this MOU.

3. OVERVIEW: AIMS AND OBJECTIVES

The overall environmental performance of a building is the sum of both the base buildings operations, and that of the individual tenants within the building. Through better collaboration between building owners, building managers and tenants, there is a greater scope for improved environmental performance.

Besides a general willingness of the parties, a number of factors are important for delivering iterative improvements to existing building stock:

·  a Building Environmental Management Plan (EMP) within the asset plan provides guidance as to the intentions of the owners and managers for improvement.

·  an effective Building Management Committee (BMC) and/or Vertical Community Committee provides a communications channel to the parties and share information.

·  Green leasing is a priority for government and institutional building owners, as it is an enabler for collaborative change which, whilst desirable to all parties, might otherwise be inhibited by prescriptive lease terms.

This document seeks to provide guidance in the set up and management of a Vertical Community to engage occupants around specific outcomes of mutual benefit.

3.1 Key Objectives of the Campaign:

The objectives of the Campaign are set out in Schedule 2

4. REPRESENTATIVES

4.1 The Building Manager and the Building Owner will each provide at least two representatives for the purposes of implementing this Memorandum of Understanding with the roles as set out in Schedule 1. One designated representative will be responsible for co-ordinating the relevant party’s efforts to deliver on the scope of this Memorandum of Understanding.

4.2 Either party may nominate a different representative by giving written notice to the other.

5. BUILDING MANAGER OBLIGATIONS

5.1 The Building Manager will:

(a)  Determine how the Building is operating from a base building perspective, comparing its actual performance against its performance criteria.

(b)  Provide technical support through building management and facility management expertise dedicated to the Building.

(c)  Engage with each of the individual Tenant representatives to assess their current environmental performance compared to their performance goals.

(d)  Assist with collating energy efficiency and other relevant environmental information from Tenants

(e)  Provide information on NABERS energy efficiency rating including self-assessment, and list of accredited assessors

(f)  Further educate Tenants on waste management opportunities for their tenancy in alignment with the Building’s Environmental Management Plan.

(g)  Provide organisational support for workshop sessions (2- 4 per building per year).

(h)  Respond to the emerging issues for the Community, in good faith, to assess, prioritise and implement initiatives that improve overall building performance.

6. THE BUILDING OWNER’S OBLIGATIONS

6.1 The Building Owner will:

(a)  Provide an up to date list of Tenants and their associated tenancy space(s) within the Building.

(b)  Provide contact details for sustainability and/or senior management within these tenancies.

(c)  Provide access and usage adequate meeting room space to facilitate Vertical Community sessions as reasonably required.

(d)  Provide access to the building operational guide and/or the Building Environmental Management Plan.

(e)  Provide the Vertical Community with access to the Building management performance data for the term of the agreement timeframe.

(f)  Provide Tenant engagement support through the term of the MOU.

(g)  Provide technical and financial guidance regarding the upgrade activities regarded to be inside and outside of scope for the Community to consider.

(h)  Provide building rating details, where applicable, including but not limited to NABERS energy rating, BEEC Certificates, Green Star ratings.

(i)  Assist with promotions, advertising and communications within the building.

(h)  Commit to the delivery of environmental education programs to the building tenancy through the Vertical Community framework, facilitating access to areas of interest for tenants.

(i)  Deliver for the program evaluation pre- and post- Campaign access to the tenant engagement surveys.

7. FUNDING

7.1 The Building Manager has allocated a budget of < insert total> ex GST over and above existing contractual obligations. Budget to be expended in accordance with the project plan staged over the term of the MOU for the implementation of the Campaign, as set out below:

7.2 The Building Owner has allocated a budget of < insert total> ex GST over and above existing contractual obligations. Budget to be expended in accordance with the project plan staged over the term of the MOU for the implementation of the Campaign, as set out below:

7.3 The Parties will:

(a)  Consider how this MOU interacts with other existing contractual relationships and performance indicators between the Parties.

(b)  Work together to ensure tight coordination of Community activities to deliver expected results.

(c)  Work together to research and record outcomes of the Community quarterly.

(d)  Facilitate regular monthly catch up to enable best practice and communication of progress over the term.

8. BRANDING, INTELLECTUAL PROPERTY AND PROMOTION

8.1  Branding and Intellectual Property Rights

(a)  Each party will assist in the development of an appropriate branding and logo for the Community using stakeholders’ trademark/s appropriately.

[other clauses relating to branding and intellectual property, e.g. regarding new tools or creative developed]

13.2  Promotion and Marketing

The Parties will work together in good faith to:

[insert clauses that related to promotion and marketing, for example:]

(a)  increase understanding of the tenant’s role in high performing buildings and building performance more generally;

(b)  educate and communicate tools including CitySwitch, NABERS, Green Star, CBD, and green leasing frameworks (www.sydneybetterbuildings.com.au/leasing) to tenants to help build their ability to engage in environmental practices within their tenanc;.

(c)  increasing awareness of the benefits of NABERS Energy ratings to measure and better manage energy use;

(d)  showcase existing hero tenancies (i.e. those who have undertaken energy efficiency improvements and completed or achieved good NABERS rating) to lead as an example and create pressure for other tenants.

9. CAMPAIGN PLAN

The Building Owner and Building Manager will prepare a Campaign Plan which will outline the financial, strategic and operational structure of the Campaign and should address the following:

(a)  Campaign deliverables

(b)  Implementation plan

(c)  Key performance/ success indicators

(d)  Data and technology plan

(e)  Communication plan

(f)  Risks and mitigations

10. TERM

The term of this Memorandum of Understanding will begin when signed by both parties. This Memorandum is intended to remain in effect for the Term as identified in Schedule 1 of this Memorandum. The parties may:

(a)  terminate this Memorandum at any time by giving 1 months written notice to the other;

(b)  modify the terms of this Memorandum by a further variation, signed by both the parties;

(c)  extend the term of this Memorandum by written agreement, signed by both parties.

11. COSTS

Unless otherwise noted, the parties will bear their own costs in relation to this Memorandum of Understanding and in the performance of any activities contemplated by this Memorandum of Understanding.