IBM Joint Development Agreement Amendment No. 6Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Lyons, Sustainable Dubuque Project Manager
SUBJECT: Amendment to JDA W0954778
DATE: January 4, 2013
INTRODUCTION
Dubuque
heLdi
All- AmericaCity
LI
2012
As part of the City of Dubuque's on -going sustainability research with IBM there exist strong
requirements and prohibitions on the use of data. Individually identifiable data can never be
shared, and even anonymized data is only available from volunteers who have provided their
permission. IBM is allowed only certain prescribed uses of data and seeks City approval to add a
new authorized use for the anonymized data.
BACKGROUND
As part of the oversight of IBM research initiatives Dubuque maintains a Joint Development
Agreement with IBM. That JDA specifically provides that IBM will only have access to data
that is anonymized and not individually identifiable. It also provides that the data may only be
used for specified purposes, including to perform work for the City, demonstrate the technology
to third parties such as governmental agencies, publish in scientific journals and presentations,
and for internal research purposes. IBM requested that an additional authorized use be allowed
as follows:
" to include as sample information in IBM products and services."
IBM has explained that in reviewing how new products and services work it is often important to
share examples of data from their research pilots. However, a strict interpretation of Dubuque's
restriction on data utilization would appear to prohibit IBM from sharing the data from Dubuque
results or even referring to Dubuque as the source of data within a research pilot
RECOMMENDATION
While Dubuque understands the reasonableness of IBM's request, and would in many instances
actually benefit from being known as the source of innovative data, there do exist concerns about
assuring that Dubuque data is portrayed accurately and that it not be presented in a manner that
could imply City's promotion or support of any particular commercial product or service. To
accomplish the objectives of both parties, an alternative amendment has been developed by
Dubuque staff:
"to include as sample information in IBM products and services so long as IBM does not identify
the City as the source of the Data that created the sample information. For IBM to identify the
City of Dubuque as the source of data for sample information, or for IBM to release information
that a reasonable person would consider the City to be the source of data for sample information,
IBM shall obtain the City's prior approval."
RECOMMENDATION
This alternative allows IBM to adequately demonstrate its products and services, without
creating risk to the reputation of Dubuque. I would recommend approving the alternative
proposed amendment to the Joint Development Agreement.
ACTION TO BE TAKEN
I respectfully request Council approve the proposed amendment to JDA W0954778.
2
THE CITY OF
Dui
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 with IBM
DATE: January 3, 2013
Dubuque
kital
All- America City
II 111!
2012
Sustainable Dubuque Project Manager David Lyons recommends City Council approval
of Amendment No. 6 to the IBM Joint Development Agreement No. W0954778 that will
allow IBM to include data obtained from Dubuque as sample information in IBM
products and services so long as IBM does not identify Dubuque as the source of the
data for the information. If Dubuque is identified as the source of data for sample
information, or if a reasonable person would consider Dubuque to be the source of data
for sample information, IBM shall obtain the City of Dubuque's prior approval.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr,„709,,,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
David Lyons, Sustainable Dubuque Project Manager
THE CFI Y OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Lyons, Sustainable Dubuque Project Manager
SUBJECT: Amendment to JDA W0954778
DATE: January 3, 2013
INTRODUCTION
Dubuque
kettd
All- America City
III/
2012
As part of the City of Dubuque's on -going sustainability research with IBM there exist strong
requirements and prohibitions on the use of data. Individually identifiable data can never be
shared, and even anonymized data is only available from volunteers who have provided their
permission. IBM is allowed only certain prescribed uses of data and seeks City approval to add a
new authorized use for the anonymized data.
BACKGROUND
As part of the oversight of IBM research initiatives Dubuque maintains a Joint Development
Agreement with IBM. That JDA specifically provides that IBM will only have access to data
that is anonymized and not individually identifiable. It also provides that the data may only be
used for specified purposes, including to perform work for the City, demonstrate the technology
to third parties such as governmental agencies, publish in scientific journals and presentations,
and for internal research purposes. IBM requested that an additional authorized use be allowed
as follows:
" to include as sample information in IBM products and services."
IBM has explained that in reviewing how new products and services work it is often important to
share examples of data from their research pilots. However, a strict interpretation of Dubuque's
restriction on data utilization would appear to prohibit IBM from sharing the data from Dubuque
results or even referring to Dubuque as the source of data within a research pilot
RECOMMENDATION
While Dubuque understands the reasonableness of IBM's request, and would in many instances
actually benefit from being known as the source of innovative data, there do exist concerns about
assuring that Dubuque data is portrayed accurately and that it not be presented in a manner that
could imply City's promotion or support of any particular commercial product or service. To
accomplish the objectives of both parties, an alternative amendment has been developed by
Dubuque staff:
"to include as sample information in IBM products and services so long as IBM does not identify
the City as the source of the data for sample information. If the City is identified as the source of
data for sample information, or if a reasonable person would consider the City to be the source of
data for sample information, IBM shall obtain City's prior approval."
RECOMMENDATION
This alternative allows IBM to adequately demonstrate its products and services, without
creating risk to the reputation of Dubuque. I would recommend approving the alternative
proposed amendment to the Joint Development Agreement.
ACTION TO BE TAKEN
I respectfully request Council approve the proposed amendment to JDA W0954778.
2
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Date: December 10, 2012
City of Dubuque
Mr. David Lyons
50 West 13t1i Street
Dubuque, Iowa 52001
Subject: IBM Joint Development Agreement No. W0954778
Amendment No. 6, License Agreement No. L095814
Dear Mr. Lyons,
IBM and City of Dubuque agree that the above referenced Agreement be amended as
follows:
1. Article 4.0 of the Agreement is amended to add the following:
"4.6 City grants to IBM an irrevocable, nonexclusive, worldwide, and fully paid -up
license to use, reproduce and distribute the Data furnished by the City under this
Agreement: (i) as necessary to perform the work described in this Agreement; (ii)
to demonstrate the Portals to third parties; (iii) to publish the results of the work
under this Agreement in scientific journals, and periodicals, and in conference
papers and presentations; (iv) for internal use for research purposes; and (v) to
include as sample information in IBM products and services so long as IBM does
not identify the City as the source of the Data that created the sample information.
For IBM to identify the City of Dubuque as the source of data for sample
information, or for IBM to release information that a reasonable person would
consider the City to be the source of data for sample information, IBM shall
obtain the City's prior approval."
2. All other terms and conditions of the agreement remain unchanged and in full
force and effect.
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.
IBM Joint Development Agreement No. W0954778
Amendment No. 6, License Agreement No. L095814 1
Very Truly Yours,
International Business Machines Corporation City of Dubuque
/Q'at4,vk
Patrick D. Canavan, Manager Name: Kevi J. Lynch
Business & Government Relations Title: Mayor Pro Tem
Date: December 11, 2012 Date: 1/7/13
IBM Joint Development Agreement No. W0954778
Amendment No. 6, License Agreement No. L095814 2
Masterpiece on the Mississippi
Dubuque
kraTI
AI- America city
1111 r
2007
January 8, 2013
Mr. Brian D. Clark
Contracts Professional
IBM Research, Business & Government Relations
Tucson, AZ 85744
Dear Mr. Clark,
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001 -4805
Office (563) 589 -4110
Fax (563) 589 -4149
TTY (563) 690 -6678
ctymgr@cityofdubuque.org
www.cityofdubuque.org
Pursuant to our amended Joint Development Agreement, please be informed that IBM is
approved to use the following documentation in conjunction with your demonstration of the
Water Conservation Portal:
"The sample data provided within has been generated both randomly and in and around the city of Dubuque, IA
for the purposes of illustrating the Water Conservation Portal"
If you have any questions, please feel free to contact David Lyons, Smarter Sustainable
Dubuque Project Manager or my office.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:sv
Enclosure
Service People Integrity Responsibility Innovation Teamwork
Page 1 of 2
Stephanie Valentine - Re: Joint Development Agreement signed amendment with City of Dubuque
From: Brian Clark <bdcl ark @usi bm. com>
To: "Stephani e Val enti ne" <Svalenti @cityofdubuque.org>
Date: 1/8/2013 12:18 PM
Subject: Re: Joint Development Agreement signed amendment with City of Dubuque
CC: "Barry Li ndahl" <balesq @cityofdubuque.org >, "Lyons, David"
< D l yons @ci tyof d ubuq ue. org>
Stephanie,
Thank you very much for sending these and my thanks to Barry and Dave as well for their excellent work getting
this accomplished.
Regarding the mailing of originals, IBM does not require them, however here is my mailing address in case
it is a Dubuque requirement to send them:
Brian Clark
Bldg 9032 -1, Rm 1046
9000 S Rita Road
Tucson, AZ 85744 -0002
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: "Stephanie Valentine" <Svalenti @cityofdubuque.org>
To: Brian Clark/Tucson /IBM @IBMUS,
Date: 01/08/2013 10:48 AM
Subject: Joint Development Agreement signed amendment with City of Dubuque
Brian,
Attached is a cover letter from City Manager Mike Van M i l l i gen and the signed amendment to the Joi nt
Development Agreement No. W0954778 with the City of Dubuque. I will be sendi ng the on gi nal
documents to you but need your street address. Please email back the street, including suite if appl i cabl e
to me as soon as possible.
If you have any difficulties opening the attachment, please let me know. The paper copy original will be
on it's way once I hear back from you.
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Page 2 of 2
Stephanie
Stephanie Valentine
Secretary
Dubuque City Manager's Office
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
Telephone: 563 - 589 -4116
Fax: 563 - 589 -4149
www. ci tyof dubuque. org
Dubuque: Masterpiece on the Mississippi
Before printing this e-mail, please determine if it is truly necessary
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