Attachment 1 Memorandum of Understanding Between Bass Coast Shire Council (ABN 8107150240) of 76 McBride Avenue, Wonthaggi Vic 3995, and Cardinia Shire Council (ABN 3220906807) of Siding Avenue, Officer Vic 3809, and Casey City Council (ABN 43320295742) of Magid Drive, Narre Warren Vic 3805, and Frankston City Council (ABN 49454768065) of cnr Young and Davey Streets, Frankston Vic 3199, and Mornington Peninsula Shire Council (ABN 53159890143) of Besgrove Street, Rosebud Vic 3939. (together “the Councils”) And Mornington Peninsula and Western Port Biosphere Reserve Foundation Ltd (ABN 15 107 484 408) (“the Biosphere Foundation”) Background The Mornington Peninsula and Western Port Biosphere Reserve (the Biosphere Reserve) was nominated as a result of a community initiative and was designated under UNESCO’s Man and the Biosphere Program in November 2002. This designation recognises the area’s exceptional ecological values on the fringe of an expanding city. The Biosphere Reserve includes the whole of Mornington Peninsula Shire, parts of Bass Coast Shire, Cardinia Shire, City of Casey and City of Frankston and the unincorporated areas of French Island and Western Port. The Mornington Peninsula and Western Port Biosphere Foundation Ltd (the Biosphere Foundation) was formed in 2003 with a charter to guide the management of the Biosphere Reserve and the observance of international obligations implement the requirements of the UNESCO’s Man and The Biosphere program The Foundation works with its community, partners and stakeholders to create a sustainable future for the region - environmentally, socially, and economically. In line with its Constitution, the 1 Attachment 1 Biosphere Foundation achieves this through research, education, community engagement and on- ground conservation efforts. In accordance with the principles of the UNESCO Man and the Biosphere Program, the Biosphere Reserve is intended to fulfil three complementary functions: o conservation function—to preserve genetic resources, species, ecosystems and landscapes o development function—to foster sustainable economic and human development o logistic support function—to support demonstration projects, environmental education and training, and research and monitoring related to local, national and global issues of conservation and sustainable development. As defined in the Local Government Act, the role of councils covers many activities that influence and impact the local environment. This includes acting as s the local planning authority, manager of reserves, foreshores, parks and open space, as well as the operator of community infrastructure. Local government responds to local community needs and has the unique opportunity to be leaders by building community awareness and encouraging sustainable behaviour through education and promoting change in the way we use and care for the environment. The Councils understand that to protect the environment and encourage sustainable development, we need to work closely with our partners and community. Shared goals of the organisations include: • Protection of the natural resource base of the Biosphere Reserve; • Promotion and implementation of activities that protect biodiversity and encourage sustainable land use and development, eco-tourism, sustainable agriculture, conservation, education, research and community involvement; and • Support for the adoption of environmental best management practices to reverse land and water quality decline through action, knowledge and skills. Purpose of the Memorandum of Understanding The Biosphere Foundation and the Councils share the view that the partnership is mutually beneficial ensuring continuity and integration of programs and projects, and improving the potential to achieve the sustainability objectives of each organisation. The key objective of this Memorandum of Understanding (MoU) is to recognise the commitment of the parties to work collaboratively to achieve the common goals and objectives in the Biosphere Foundation Charter and respective council plans. This MoU describes the relationships, responsibilities and funding commitment that support the collaborative working arrangements between the Biosphere Foundation and the Councils. Scope The Biosphere Foundation and the Councils understand: • That this MOU provides a formal mutually beneficial framework to work collaboratively; 2 Attachment 1 • That nothing in this MOU is intended to replace or override any existing arrangements between the Biosphere Foundation and the respective councils. The intention of this MOU is to further strengthen the relationship between the parties; • It is not the intention that this MOU will create a legal relationship between the Biosphere Foundation and the respective councils. Nothing in this agreement will be construed or implied to constitute a contractual arrangement, joint venture association, partnership, principal and agent association or any other relationship of which one party may be liable for the acts or omissions of the other; • That nothing in this MOU is intended to restrict the Biosphere Foundation and the respective councils in discharging their responsibilities to their respective stakeholders, and • That the Biosphere Foundation and each of the respective councils will nominate a Councillor delegate and a council officer as the principal contacts for discussion in relation to the activities under the MOU. Commitments The Councils will: Jointly provide a minimum of $100,000 to the Biosphere Foundation for the 2017/18 financial year. This funding is to be used to assist in operations and leveraged as seed funding for grant opportunities. This funding is to be divided equally unless otherwise agreed between the five councils (i.e. $20,000 per council). Where a council exits the MoU, the combined council funding commitment will decrease proportionately eg 4 councils = $80,000; Review future funding annually against each of the Key Performance Indicators (KPI’s) and identified measures in Annexure 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies (subject to future Council budgets, and indexed annually against the State Government imposed local government rate cap); Actively participate in the bi-monthly Council Liaison Committee, meetings with one (1) council representative from the Committee to sit as a voting member on the Biosphere Foundation Board; Contribute data to the annual report card produced by the Biosphere Foundation, sharing the story of the Western Port Biosphere, as a communication tool. The Biosphere Foundation will: Provide an annual report including a value statement demonstrating funds/projects leveraged from the Council’s contribution to the Biosphere Foundation, works undertaken to retain and build ongoing financial membership and social capital in the Biosphere Foundation activities, and demonstrating solvency; Build collaboration and partnerships to facilitate projects and programs that are beneficial to the region; 3 Attachment 1 Develop a communications and engagement strategy to promote and increase the brand profile of the Biosphere Reserve; Develop a plan to attract and retain a broader financial membership base; Actively seek external funding to deliver the Western Port Biosphere Strategic Plan 2016- 2020, implement the annual Business Plan and build capacity of the organisation; Generate a return on investment through implementation of projects and programs that demonstrate value for the Biosphere Reserve and promotion of the region. Provide a progress report annually against each of the Key Performance Indicators (KPI’s) and identified measures in Annexure 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies. Ongoing works between both parties will include: Acknowledgement of the partnership in relevant publications and social media platforms. Appropriate use of the organisations logo, seeking permission when required. Representatives of the Biosphere Foundation Board and the Councils, including Councillors and Chief Executive Officers (CEOs) will meet at least once a year or more frequently as agreed. Conducting operations that exhibit good stewardship of the environment and contribute towards sustainability. Measure and monitoring on-ground works and projects annually to report against each of the Key Performance Indicators (KPI’s) and identified measures in Attachment 1, aligning the Biosphere Reserve Strategic Plan with relevant council plan strategies. Information sharing The parties must, and must ensure that their officers, agents, employees and contractors: treat as confidential all Confidential Information to which it has access or which is disclosed to it for any purpose; only use the Confidential Information for the purposes described herein; not allow any other person access to the Confidential Information; not copy or reproduce the Confidential Information (in whole or in part) without the approval of the owning party (except as may be reasonably necessary for the purposes of this MOU); and immediately notify the owning party where the recipient is aware of a breach of this clause. Confidential Information means information that is by its nature, confidential, or which a party ought reasonably to know is confidential, or a party has designated as confidential. Modification and termination This MoU may be amended if mutually agreed upon. Such changes shall form a written addendum to the MoU, signed by both parties. The MoU addendum will become