Vertical Communities Template Series
Memorandum of Understanding
This template is part of the Fostering Vertical Communities Toolkit, which
includes:




Vertical Communities Toolkit overview
Template: Memorandum of Understanding (this document)
Template: Key Performance Indicators
Template: Pre Workshop Activity and Workshop 1 Agenda
All available at www.cityswitch.net.au/verticalcommunities
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
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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 cooperation 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.
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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
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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)
(b)
(c)
(d)
(e)
Determine how the Building is operating from a base building
perspective, comparing its actual performance against its performance
criteria.
Provide technical support through building management and facility
management expertise dedicated to the Building.
Engage with each of the individual Tenant representatives to assess
their current environmental performance compared to their
performance goals.
Assist with collating energy efficiency and other relevant
environmental information from Tenants
Provide information on NABERS energy efficiency rating including
self-assessment, and list of accredited assessors
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(f)
(g)
(h)
Further educate Tenants on waste management opportunities for their
tenancy in alignment with the Building’s Environmental Management
Plan.
Provide organisational support for workshop sessions (2- 4 per
building per year).
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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(h)
(i)
Provide an up to date list of Tenants and their associated tenancy
space(s) within the Building.
Provide contact details for sustainability and/or senior management
within these tenancies.
Provide access and usage adequate meeting room space to facilitate
Vertical Community sessions as reasonably required.
Provide access to the building operational guide and/or the Building
Environmental Management Plan.
Provide the Vertical Community with access to the Building
management performance data for the term of the agreement
timeframe.
Provide Tenant engagement support through the term of the MOU.
Provide technical and financial guidance regarding the upgrade
activities regarded to be inside and outside of scope for the
Community to consider.
Provide building rating details, where applicable, including but not
limited to NABERS energy rating, BEEC Certificates, Green Star
ratings.
Assist with promotions, advertising and communications within the
building.
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.
Deliver for the program evaluation pre- and post- Campaign access to
the tenant engagement surveys.
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7.
FUNDING
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:
7.1
Steps
Q1
Q2
Q3
Q4
(July – Sept)
(Oct – Dec)
(Jan – April)
(May – July)
Activity 1 – e.g.
educational materials
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 2 - e.g.
promotion
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 3 – e.g.
contact with tenancies
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 4 - e.g.
printing
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
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:
Steps
Q1
Q2
Q3
Q4
(July – Sept)
(Oct – Dec)
(Jan – April)
(May – July)
Activity 1 – e.g.
promotion
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 2 – e.g.
energy ratings
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 3 – e.g. venue
for workshops
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Activity 4 e.g. catering
% value or
in kind
% value or
in kind
% value or
in kind
% value or
in kind
Vertical Communities Template Series
7.3 The Parties will:
(a)
(b)
(c)
(d)
8.
Consider how this MOU interacts with other existing contractual
relationships and performance indicators between the Parties.
Work together to ensure tight coordination of Community activities to
deliver expected results.
Work together to research and record outcomes of the Community
quarterly.
Facilitate regular monthly catch up to enable best practice and
communication of progress over the term.
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:]
9.
(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.
CAMPAIGN PLAN
Vertical Communities Template Series
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)
(b)
(c)
(d)
(e)
(f)
10.
Campaign deliverables
Implementation plan
Key performance/ success indicators
Data and technology plan
Communication plan
Risks and mitigations
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)
(b)
(c)
11.
terminate this Memorandum at any time by giving 1 months written
notice to the other;
modify the terms of this Memorandum by a further variation, signed by
both the parties;
extend the term of this Memorandum by written agreement, signed by
both parties.
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.
12.
DISCLOSURE OF INFORMATION
If working with the CitySwitch program, the parties acknowledge that local
governments are generally required to make information available in
accordance with the Government Information Act. If either party considers
information relevant to this Memorandum of Understanding may be
confidential or private in its nature, then the disclosing party:
(a) Must clearly identify that the information intended to be communicated is of a
confidential nature; and
(b) May request that the other party provide undertakings to limit disclosure of
that information; and
(c) (If undertakings are not given) may decline to communicate the relevant
information.
13.
EFFECT OF MEMORANDUM OF UNDERSTANDING
Vertical Communities Template Series
This Memorandum of Understanding is a statement of intent only and does
not create an enforceable contract. Neither party may bring proceedings
against the other in relation to this Memorandum of Understanding.
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SIGNED for and on behalf of the parties:
[BUSINESS NAME]
(The Building Manager)
)
)
)
)
)
Witness:
Name (printed):
Name: (printed)
Date:
[BUSINESS NAME}
(the Building Owner)
)
)
)
)
)
Witness:
Name (printed):
Date:
Name (printed):
Vertical Communities Template Series
SCHEDULE 1 – Representatives
Building Manager Representative
Building Owner Representative
Name:
Name:
[job title]
[job title]
Contact Number:
Contact Number:
Email:
Email:
Location of the Building where project
will occur:
<< insert address>>
Term of agreement
<< insert term>> from date of signing
Project Team Roles and Responsibilities
Please note that a CitySwitch Program Manager may available to support your program
delivery. Please visit www.cityswitch.net.au/contacts to discuss terms of service.
Name
Contacts
Role
Org
Project Lead
<< insert
name>>
<< email and
telephone >>
Asset
Manager
BM
Project Support
<< insert
name>>
<< email and
telephone >>
National
Sustainability
Manager
BM
Other Contacts
<< insert
name>>
<< email and
telephone >>
Support,
Tenant
Education
CitySwitch
Technical
Service
Provider
<< insert
name>>
<< email and
telephone >>
NABERS
Assessments
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SCHEDULE 2 – Objectives and Performance Indicators for the Campaign
Key objectives
1. [ To be
determined by
participants ]
E.g. an educational
objective, about
making tenants
aware of their role
in a highperforming
building.
Target Performance
Indicator
Tracking
Method
Responsible
Party
E.g.
Survey
BM
Tracker
BM
Tracker
BO
Meeting
Attendance
BM
% of Tenants who
agree they understand
their role in the
environmental
performance of the
building.
% Tenants have read
the BEEC Lighting
Tenancy NABERS
documentation.
% of Tenants signed
up to CitySwitch Green
Office program.
2. [ To be
determined by
participants ]
E.g. An energyrelated objective,
quantified in terms
of the NABERS
rating.
3. [ To be
determined by
participants ]
E.g. a social
objective.
E.g.
% of NABERS tenancy
assessments
completed accredited
and/or self- estimates
using the NABERS
web site calculator
Improvement to
NABERS base building
rating.
E.g.
% of tenant companies
taking part in the
community.
Responses to surveys.
See www.cityswitch.net.au/verticalcommunities for a list of possible performance
indicators (KPIs) to be included for Campaign evaluation.