IBM Amendment 5 to Joint Development Agreement No. L095814April 21, 2011
City of Dubuque
Mr. David Lyons
50 West 13` Street
Dubuque, Iowa 52001
Subject: IBM Joint Development Agreement No. W0954778
Amendment No. License Agreement No: L095814
1 t100-c�
Dear Mr. Lyons,
v
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."
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 #
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,
International Business Machines
City of Dubugpe
Agreement W09547798 Amendment #
Brian Clark, IBM
bdclark @us.ibm.com
9000 S Rita Road, Bldg 9032 -1, Office 1046
Tucson, Arizona 85744 -0002
Phone (520) 799 -4130
Accepted and Agreed to:
--9ctitAA-_„„1 i J (.0,14,,w)4,.. /0/
Patrick D. Canavan, Manager Name: ___4441,. p _ 2 u ,. J
Business &,GovernmentRelations Title: ?
Date: I l u l J Li 1. Date: T„ 1R. 9011
Kevin Firnstahl - Re: IBM Agreement Amendment No. W0954778
From:
To:
Date:
Subject:
CC:
Attachments:
Mr Firnstahl,
Brian Clark < bdclark @us.ibm.com>
Kfirnsta@cityofdubuque.org
7/25/2011 11:53 AM
Re: IBM Agreement Amendment No. W0954778
tian @us.ibm.com; naphade @us.ibm.com
City of Dubuque Amend. 5 W0954778 L095814 :pdf
Attached is the IBM counter signed amendment. Please note that we have changed the amendment number
from 4 to 5. This is because an emergency extension for the JDA was needed back in May and we had to use
the number 4 for that amendment. If this penciled in change is acceptable, please have it initialed (as IBM has
done) and return a PDF to me. If you have any questions, please don't hesitate to contact me.
Regards,
Brian D. Clark
Contracts Professional
IBM Research, Business & Government Relations
Tucson, AZ 85744
bdclark @us.ibm.com
(520) 799 -4130 t/I 321 -4130
From: "Kevin Firnstahl <Kfirnsta @cityofdubuque.org>
To: Brian ClarklTucson /IBM @IBMUS
Date: 07/20/2011 03:10 PM
Subject: IBM Agreement Amendment No. W0954778
Page 1 of 2
Mr. Clark,
Attached is a PDF of the IBM Joint Development Agreement No. W0954778 as signed by Mayor Buol.
Per the instruction I am forwarding it to you for signature by Mr. Patrick Canavan.
Please forward the counter part to my attention.
I will return to the office on Monday, July 25, but please contact me if you have any questions.
Thank you.
Kevin S. Firnstahl,
Acting City Clerk
City of Dubuque, Iowa
file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4E2D594ADBQ... 8/1/2011
Masterpiece 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: July 13, 2011
Dubuque
All- America City
2007
Smarter Sustainable Dubuque Project Manager David Lyons is recommending an
amendment to the IBM Joint Development Agreement on Smarter Water to extend and
expand the community access to Smarter Water information and tools.
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 has provided the formal report ,showing a
minimum 6.6 percent reduction in utilization and an eight -fold increase in leak detection
and response for engaged households and showing significant promise in helping the
community achieve its Sustainable Dubuque goals.
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 July 2013 and expands access for up to four thousand
R450 households for that same time period. 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Lyons, Smarter Sustainable Dubuque Project Manager
2
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: July 12, 2011
Introduction
Background
Discussion
Dubuque
trail
All- AmericaCity
1 1 1 1 If
2007
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.
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 has provided
the formal report, showing a minimum 6.6 percent reduction in utilization and an eight -fold increase in
leak detection and response for engaged households and showing significant promise in helping the
community achieve its Sustainable Dubuque goals.
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 July 2013 and expands access for up to four thousand R450 households for that
same time period. 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
April 21, 2011
City of Dubuque
Mr. David Lyons
50 West 13 Street
Dubuque, Iowa 52001
Subject: IBM Joint Development Agreement No. W0954778
Amendment No. 4
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 #4
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 #4
Brian Clark, IBM
bdclark @us.ibm.com
9000 S Rita Road, Bldg 9032 -1, Office 1046
Tucson, Arizona 85744 -0002
Phone (520) 799 -4130