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Amendment to Joint Development Agreement with IBMMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Joint Development Agreement No. W0954778 DATE: April 13, 2011 Dubuque kittd aaamedcaciy 2007 In 2009 the City of Dubuque and IBM entered into a Joint Development Agreement for the purposes of conducting research into water utilization and to develop a proto -type service that would allow participating volunteers to visualize and understand their water consumption. This project was part of Smarter Sustainable Dubuque, a research initiative of Sustainable Dubuque. The overall concept of the research is to provide citizens with real time information to be able to assist them in saving money and time, while conserving resources and reducing green house gas emissions, through more effective utilization of resources. The research to date has included the installation of specially equipped R900 meters in volunteer households, development of a system for collection, analysis and visualization of water utilization information, the incorporation of two years of historical data as a baseline, and the conduct of two "pilot session" studies with approximately 150 volunteer households in each session. IBM will provide the formal report and findings for the study shortly, but early results reveal approximately a 10% decrease in water utilization for engaged households and show significant promise in helping the community achieve its Sustainable Dubuque goals and principals. As the City of Dubuque has completed the IBM pilot research phase for Smarter Water and awaits the conduct of the other pilots and the development of an "integrated system" coordinating the data streams for all the resource silos, the City wishes to extend the active access for the volunteer households and provide access to additional households using the standard new meters (R450s) being installed as part of the City's water meter change -out process. The amendment being proposed extends access for volunteer households through June 2013 and expands access for up to four thousand R450 households for that same time period. Extension and expansion of Smarter Water access will also be coordinated with the launch of the Smarter Electric and Smarter Natural Gas pilots, and be an important incentive during the recruitment campaign for volunteer households for the Smarter Travel pilot. It will provide important information to help develop the capacity and scale of the "integrated" portal system being designed with IBM. The extension is supported by $75,000 provided through $176,680 in funding originally scheduled for sub - metering activity within the Water Plant. Review of the sub - metering opportunity has been conducted and it has been determined that sub - metering is not necessary and it will be a better return on investment and research for the City to expand the direct metering and analysis program with households versus establishing additional sub - metering activity within the plant. I concur with the recommendation and respectfully request Mayor and City Council approval. MicI'Sael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager David Lyons, Smarter Sustainable Dubuque Project Manager Bob Green, Water Department Manager Jennifer Larson, Budget Director Cori Burbach, Sustainability Coordinator Eric Dregne, Vice President of Programs, Community Foundation of Greater Dubuque Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: David Lyons, Smarter Sustainable Dubuque Project Manager SUBJECT: Amendment to Joint Development Agreement No. W0954778 DATE: April 5, 2011 Introduction The purpose of this memorandum is to inform City Council of a proposed amendment to the existing IBM Joint Development Agreement on Smarter Water to extend and expand the community access to Smarter Water information and tools. Background Dubuque billt Ai-America City I 2007 In 2009 the City of Dubuque and IBM entered into a Joint Development Agreement for the purposes of conducting research into water utilization and to develop a proto -type service that would allow participating volunteers to visualize and understand their water consumption. This project was part of Smarter Sustainable Dubuque, a research initiative of Sustainable Dubuque. The overall concept of the research is to provide citizens with real time information to be able to assist them in saving money and time, while conserving resources and reducing green house gas emissions, through more effective utilization of resources. The research to date has included the installation of specially equipped R900 meters in volunteer households, development of a system for collection, analysis and visualization of water utilization information, the incorporation of two years of historical data as a baseline, and the conduct of two "pilot session" studies with approximately 150 volunteer households in each session. IBM will provide the formal report and findings for the study shortly, but early results reveal approximately a 10% decrease in water utilization for engaged households and show significant promise in helping the community achieve its Sustainable Dubuque goals and principals. Discussion As we have completed the IBM pilot research phase for Smarter Water and await the conduct of the other pilots and the development of an "integrated system" coordinating the data streams for all the resource silos, the City wishes to extend the active access for the volunteer households and provide access to additional households using the standard new meters (R450s) being installed as part of the City's water meter change -out process. The amendment being proposed extends access for volunteer households through June 2013 and expands access for up to four thousand R450 households for that same time period. Extension and expansion of Smarter Water access will also be coordinated with the launch of the Smarter Electric and Smarter Natural Gas pilots, and be an important incentive during the recruitment campaign for volunteer households for the Smarter Travel pilot. It will provide important information to help develop the capacity and scale of the "integrated" portal system being designed with IBM. The extension is supported by $75,000 provided through funding originally scheduled for sub - metering activity within the Water Plant. Review of the sub - metering opportunity has been conducted and It has been determined that it will be a better return on investment and research for the City to expand the direct metering and analysis program with households versus establishing additional sub - metering activity within the plant. Request It would be my recommendation that City Council approve the proposed amendment to IBM Joint Development Agreement No. W0954778). Cc: Barry Lindahl, City Attorney Bob Green, Water Department Manager Teri Goodmann, Assistant City Manager Cindy Steinhauser, Assistant City Manager Cori Burbach, Sustainability Coordinator February 21, 2011 City of Dubuque Mr. David Lyons 50 West 13 Street Dubuque, Iowa 52001 Subject: IBM Joint Development Agreement No. W0954778 Amendment No. 3 Dear Mr. Lyons, IBM and City of Dubuque agree that the above referenced Agreement be amended as follows: 1. The first sentence of Article 6.1 is deleted and replaced with the following: "This Agreement will begin on September 22, 2009 (the "Effective Date ") and will end on June 30, 2013, provided that either party may terminate this Agreement upon thirty (30) days' written notice to the other party." 2. Section 3.1 (COST AND EXPENSE) is deleted and replaced with the following: "Within ten (10) days of the Effective Date, the City will pay IBM via wire transfer the amount of $500,000. The City shall wire transfer to IBM additional amounts on the stated dates: (a). $350,000 on July 1, 2010 (b). $18,750 on July 1, 2011 (c). $56,250 on January 1, 2012 All payments will be made in US dollars. All payments are non - refundable" 3. Section 8.1 (DATA) is deleted and replaced with the following: "The City will provide IBM with current meter readings, on a schedule and frequency to be agreed upon by the parties, from a maximum of 4,000 customers' advanced water meters ( "Data "). The City will be solely responsible for the collection of Data and for determining what Data may and will be provided to IBM under this Agreement." Agreement W09547798 Amendment #3 4. Section 2.0 (CITY RESPONSIBILITIES), Item #1 of Appendix A (STATEMENT OF WORK) is deleted and replaced with the following: "1. During the period from the Effective Date to June 30, 2011, a list of 250 volunteer customers with advanced water meters to be identified only by a unique ID. During the period from July 1, 2011 to June 30, 2013, the maximum number of volunteer customers that may participate in the Prototype Service shall be no more than 4,000 customers with advanced water meters to be identified only by a unique ID." 5. All other provisions remain unchanged. This Agreement and its Amendments may be signed in one or more counterparts, each of which shall be deemed to be an original and all of which when taken together shall constitute the same Agreement. Any signed copy of this Agreement and its Amendments made by photocopy, facsimile or PDF Adobe format shall be considered an original. Please indicate City of Dubuque's approval of these terms by having an authorized representative sign and return, via PDF to: Very Truly Yours, Accepted and Agreed to: International Business Machines City of Dubuque By: Patrick D. Canavan, Manager Name: Business & Government Relations Title: Date: Date: Agreement W09547798 Amendment #3 Brian Clark, IBM bdclark @us.ibm.com 9000 S Rita Road, Bldg 9032 -1, Office 1046 Tucson, Arizona 85744 -0002 Phone (520) 799 -4130