HomeMy WebLinkAboutFIN-10-179 - Intellectual Property Agreements - Green Municipal Fund Grant & Loan Agreement TermsREPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
November 8, 2010
SUBMITTED BY:
Dan Chapman, General Manager of Financial Services and
City Treasurer
PREPARED BY:
Saleh Saleh, Supervisor of Collections and Payment
Processing
Jennifer Shreyer, Assistant City Solicitor
WARD(S) INVOLVED: ALL
DATE OF REPORT:
November 3, 2010
REPORT NO.:
FIN-10-179
SUBJECT:
INTELLECTUAL PROPERTY AGREEMENTS REQUIRED
PURSUANT TO THE GREEN MUNICIPAL FUND'S GRANT
AND LOAN AGREEMENT TERMS
RECOMMENDATION:
That the General Manager of Financial Services be authorized to execute agreements
satisfactory to the City Solicitor with Morrision Hershfield Limited, and various individuals
including some City staff assigning to the City intellectual property rights in the Project
Completion and Environmental Results reports required by the Federation of Canadian
Municipalities respecting the Consolidated Maintenance Facility Project.
BACKGROUND:
The Government of Canada Endowed the Federation of Canadian Municipalities (FCM) with
$550 million to establish the Green Municipal Fund (GMF). The purpose of this fund is to:
1. Provide below-market loans and grants to municipalities that deliver leading examples of
sustainable development; and
2. To build capacity and share knowledge and experiences gained by municipal leaders
through GMF funded studies and projects.
Through this program, the City was successful in obtaining a grant of $386,900 and a loan in the
amount of $3,869,000 for the Consolidated Maintenance Facility (CMF) project which is
expected to achieve the LEED Silver designation.
As part of the agreement to be executed with FCM, the City is required by FCM to have
agreements in place to assign the City’s intellectual property rights to the reports on the
completion of the project and any documented environmental results.
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REPORT:
The City anticipates entering a Grant and Loan Agreement respecting the Consolidated
Maintenance Facility Project between the City, the Federation of Canadian Municipalities as
Trustee of the Green Municipal Fund and the Regional Municipality of Waterloo. This
agreement requires the City to own all intellectual property rights in the Project Completion and
Environmental Results reports which must be submitted to FCM.
The Agreement specifies that these intellectual property rights must be assigned to the City by
way of written agreement with every individual who works on these reports. As individuals will
be turning their intellectual property over to the City, the City will agree to indemnify them for
any damages resulting from our provision of the reports to FCM for their knowledge sharing
program and FCM’s dissemination of the report information.
FINANCIAL IMPLICATIONS:
Executing the agreement with FCM will allow the City to save on interest costs due to the low
interest loan of $3,869,000 and will also be able to reduce the deficit currently projected in the
CMF project by the grant amount or $386,900.
COMMUNICATIONS:
None.
CONCLUSION:
The Consolidated Facility Project is anticipated to have a LEED Silver designation which further
promotes the City of Kitchener’s commitment as leaders in environmental stewardship.
ACKNOWLEDGED BY:
Dan Chapman, General Manager of Financial Services and City
Treasurer
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