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Signed Contracts_IBM FOAK Agreement Change Request FormMasterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Sustainability Coordinator SUBJECT: Change Request Form for IBM FOAK Agreement DATE: November 15, 2011 Dubuque Itzerzil *America City 2007 The attached form authorizes IBM to spend $40,000 of the $100,000 FOAK payments made by the City in 2012. While the last of these payments will have been made by the City by December 31, 2011, IBM will not have spent all of the funds to purchase cellular data for the Smarter Travel project until 2012. There are no content changes in the contract associated with this change order. David Lyons and Barry Lindahl have approved the change request. Please sign the two copies attached and return to me. Thank you. City of Dubuque FOAK/IBM Proprietary Information - •11 •••• i • •■• ■ f • •• . - Project Change Request Form PCR No. 2011 -1 Version 1.1 Submitted By: Carrie Denning Date: November 14, 2011 SR: 1225 Business Unit(s): City of Dubuque Support Unit(s): IBM Global Business Services/ IBM Research Subject: Project / Contractual Change to Extend the Project Completion Date Type of Change: ( ) Requirements (X) Contractual ( ) Design ( ) BOM ( ) Implementation ( )Other PCR Approved for Incorporation (initial /date) IBM GS Project Executive End Date Extension Description: Request is to extend the end date of the City in Motion implementation to 30 September 2012. Charges — As of 12/31/2011, IBM will have received $100,000 in funds from the City of Dubuque. Of this $100,000.00 a total of $40,000.00 from 2011 will be held until 2012. This $40,000.00 will be used in 2012 by IBM Research for the purpose of purchasing cellular data. Assumptions: • As of 12/31/2011, IBM will have received $100,000.00 in funds from the City of Dubuque • Of this, $40,000.00 from the City of Dubuque will not be applied in 2011, but will be applied in 2012 for the purpose of purchasing cellular data. Client Acknowledgement All services provided are pursuant to the terms and conditions of the Acknowledgement for Consulting Services or the Software Services Agreement previously entered into between our respective companies and these Agreements provide that such services are billed at the hourly billing rates in effect at the time services are rendered. Cost of Modification Described: none SOW 1053 will be amended to add the scope set forth within this PCR. The terms of SOW 1053 and The Agreement apply to this PCR unless expressly amended or modified herein. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS PROJECT CHANGE REQUEST, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE PARTIES AGREE THAT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO THE SERVICES DESCRIBED HEREIN CONSISTS OF 1) THIS City of Dubuque PCR #1 11142011 IBM Signed v2_3 Version 1.0 Page 1 of 2 City of Dubuque FOAK/IBM Proprietary Information - i - � Mi i • • f i a =M • • I .__ • IN _ ■_• • M - - . • IM PROJECT CHANGE REQUEST, 2) ITS ATTACHMENT(S), 3) ANY CHANGE AUTHORIZATION(S), 4) THE STATEMENT OF WORK, AND 5) ANY AGREEMENTS REFERENCED HEREIN. THIS STATEMENT OF THE AGREEMENT SUPERSEDES ALL PROPOSALS OR OTHER PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THIS SUBJECT. Accepted by: International Business Machines Corporation By: Accepted by: City of Dubuque By: Date 14 NOV 2011 " Date Authorized Signature Authorized Signature David N Dadich Mike Van Milligen, City Manager Name (Type or Print) Name (Type or Print) 2300 Dulles Station West. 50 West 13th Street Address Address Herndon, VA 20171 Dubuque, Iowa 52001 City, State, and Zip Code City, State, and Zip Code City of Dubuque PCR #1 11142011 IBM Signed_v2_3 Version 1.0 Page 2 of 2