council logo will go here · web viewmemorandum of understanding between ipswich city council and...

Memorandum of Understanding

Between

IPSWICH CITY COUNCIL

And

[insert] SCHOOL

([insert] School’s participation in Healthy Active School Travel (HAST))

This Memorandum of Understanding

is made on the ________________ day of _________________ 20___.

Memorandum of Understanding (“MOU”)

1. PARTIES :

BETWEEN:

1.1. Ipswich City Council of 45 Roderick Street, Ipswich in the State of Queensland (the “Council”);

AND

1.2. [insert name] of [insert address] in the State of Queensland (the “School”).

2. BACKGROUND:

2.1. Healthy Active School Travel (“HAST”) is a voluntary travel behaviour change program involving Ipswich City Council (“Council”) and primary schools within the City of Ipswich.

2.2. HAST encourages the school community to increase physical activity levels, reduce sedentary behaviour and improve health levels in school-aged children by increasing active travel (such as walking and cycling) to and from school and school events.

2.3. The Parties have agreed to enter into this Memorandum of Understanding (MOU) in order to set out their shared understanding of their roles with respect to HAST involving the School.

3. STATUS OF MOU :

3.1. The parties agree that this MOU is a statement of understanding and is not intended to create any legal obligations on either party.

3.2. Where either Party is not able to fulfil its obligations under this MOU, the governing principle will be simply for the Parties to act in good faith in regard to the other party, given the constraints of the circumstances.

4. SCOPE OF RELATIONSHIP:

4.1. No employment, agency, partnership or legal relationship exists between the Parties as a result of this MOU.

5. ROLES OF THE PARTIES:

5.1. THE PARTIES TOGETHER:

5.1.1. The Parties, together, have collaborated to produce the “School Travel Plan” for the School.

5.1.2. The finalised School Travel Plan forms a part of this MOU and is attached at Schedule 1.

5.2. COUNCIL’S ROLE:

5.2.1. Council understands that it has the following role with respect to HAST involving the School:

a) To do what is required of it under the School Travel Plan at Schedule 1. of 8 Healthy Active School Travel (HAST) Memorandum of Understanding

b) To provide necessary resources to the School Champion of the School via an online “toolkit”;

c) To provide the School with survey templates, electronically where appropriate, for data collection;

d) To analyse data relevant to the implementation of HAST at the School, at agreed intervals;

e) To conduct additional monitoring and data collection as it considers necessary;

f) To provide the School with an analysis of quarterly statistics provided by the School;

g) Where appropriate, to provide results of any Parent Surveys and any other surveys/monitoring related to HAST to the School;

h) To provide the School with access to an on-line portal allowing for the submission of an application for the end of year ‘awards’; and

i) To provide incentives for the School, including making prizes available for distribution where appropriate, in accordance with the School Travel Plan.

5.3. SCHOOL’S ROLE:

5.3.1. The School understands that it has the following role with respect to HAST involving the School:

a) To do what is required of it under the School Travel Plan at Schedule 1;

b) To form a “Project Working Group” with a minimum of 4 members including the following:

I. School Principal;II. HAST Champion - This person is nominated by the School to lead the

project and be the main contact with the Council;III. A third School staff member;IV. A member of the Parents and Citizens Association (P&C)

c) To conduct class education as outlined in the School Travel Plan;

d) To conduct mandatory events as outlined in the School Travel Plan;

e) To provide a method by which students can have their School Travel Passports stamped;

f) Support and encourage students to actively travel to and from School regularly;

g) Promote HAST at the School through the School’s web based media and/or newsletters;h) Conduct inter-class challenges across all year levels to encourage regular student

participation;

i) Conduct a monthly “hands up” survey and, where appropriate, provide that information to Council within timeframes notified by the Council;

of 8 Healthy Active School Travel (HAST) Memorandum of Understanding

j) Pro-actively support and encourage parents to participate in school travel surveys conducted by the Council. This includes promoting participation through newsletters, direct mail, the School’s website and similar appropriate media as determined by the School, the Project Working Group and the Council;

k) Provide Council with event reports/summary, as appropriate and/or in accordance with the School Travel Plan;

l) Prepare and submit an application for the end of year ‘awards’ by 30 December each year.

6. MARKETING AND BRANDING:

6.1. The School will acknowledge the contributions of the Council and will:

6.1.1. Appropriately recognise such contributions and resources in any publication about HAST at the School;

6.1.2. Actively and positively promote the Council and HAST in media releases, media interviews, promotional events and other promotional opportunities where appropriate;

6.1.3. Obtain the prior written consent of the Council to the release or to make public any material (other than material which has been provided by the Council for that purpose) which directly or indirectly relates to Council and/or HAST, and not otherwise release or publish, or allow the release or publication of any such material.

6.1.4. Obtain the prior written consent of the Council to any branding relating directly or indirectly to the Council or HAST at events, promotions and in materials other than those supplied by the Council for that purpose.

6.1.5. Ensure any subcontractors comply with the School’s role under this MOU, including but not limited to seeking’s Council’s prior consent before undertaking any marketing or branding activities about HAST (and this is specifically restated in any subcontracting agreements).

6.1.6. Utilise materials in a way that is consistent with the School Travel Plan.

7. INTELLECTUAL PROPERTY :

7.1. All Intellectual Property remains with the Council;

7.2. The Council grants the School a non-exclusive, non-transferable, royalty-free licence for the Term to use the Intellectual Property for applications directly related to HAST at the School, and in accordance with this MOU. The licence expires when the Term ends or this MOU is otherwise terminated, unless the Council advises the School otherwise in writing.


8. PRIVACY :

8.1. The parties must comply with the Information Privacy Act 2009 (Qld).

8.2. The parties must:

a) use the Personal Information only for the purpose of performing their functions under this MOU, unless authorised in writing by the party who first disclosed the Personal Information under this MOU;

b) not disclose any Personal Information without the consent of the party who first disclosed the Personal Information under this MOU;

c) not transfer any Personal Information outside of Australia except with the consent of the party who first disclosed the Personal Information under this MOU;

d) ensure that the Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse;

e) fully and promptly cooperate with each other to enable either Party to respond to any applications or privacy complaints which require access to, or amendment of, any document containing the Personal Information in relation to this MOU; and

f) do all things and execute all documents necessary to ensure that any employees, officers, agents, representatives, contractors, subcontractors and other service providers comply with the same obligations as imposed on the parties under this MOU.

9. RESOLUTION OF DISPUTES :

9.1. For the purpose of this clause, a dispute will have arisen when either party gives notice in writing to that effect to the other party.

9.2. The parties agree to attempt to settle any dispute arising in connection with this MOU in good faith by negotiation and or mediation.

9.3. Any dispute will be referred to the parties’ representative(s) nominated in Schedule 2 or other persons the parties notify to each other in writing.

10. NOTICES :

10.1. Notices under this MOU must be provided to the respective parties contact person(s) nominated in Schedule 2, or other persons the parties notify to each other in writing.

11. VARIATIONS :

11.1 This MOU may be varied at any time by an agreement in writing executed by both parties.


12. TERMINATION :

12.1. Either party may at any time terminate this MOU by providing 30 days written notice to the other party.

13. EXECUTION :

Signed by the parties on the dates set out below:

________________________________________[INSERT] SCHOOLSigned by (name) _________________________ (position)________________________On [ / /20 ] as a duly authorised representative of the [INSERT SCHOOL].

________________________________________Witness

________________________________________Name of Witness (print)

________________________________________

IPSWICH CITY COUNCIL Signed by (name) _________________________ (position)________________________On [ / /20 ] as a duly authorised Council delegate in accordance with section 238 of the Local Government Regulation 2012.

________________________________________Witness

Name of Witness (print)


SCHEDULE 1:

SCHOOL TRAVEL PLAN [INSERT AS REQUIRED]


SCHEDULE 2

CONTACT PERSONS/ADDRESS FOR NOTICES:

FOR [INSERT] SCHOOL

Primary ContactContact Person:Position:Address for service:Telephone number:e-mail address:Secondary ContactContact Person:Position:Address for service:Telephone number:e-mail address:

FOR IPSWICH CITY COUNCIL

Primary ContactContact Person:Position:Address for service:Telephone number:e-mail address:Secondary ContactContact Person:Position:Address for service:Telephone number:e-mail address:


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