02/28/12 Board of Public Works Minutes

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REGULAR MEETING ATTEST: s /Linda M. Martin, Clerk FEBRUARY 28, 2012 61 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s /Kathryn E. Roos ADOPT RESOLUTION NO. 12 -2012 — AUTHORIZING THE USE OF CITY INFORMATION FOR MARKETING BY IBM Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 12 -2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AUTHORIZING USE OF CITY INFORMATION FOR MARKETING BY IBM RELATED TO THE IBM INTELLIGENT OPERATIONS CENTER FOR SMARTER CITIES WHEREAS, in accordance with Indiana Code § 36 -9 -6 -1 et seq., the care, custody, control and use of all real and personal property owned by the City of South Bend, Indiana ( "City ") is vested in the City's Board of Public Works ( "Board "); and WHEREAS, the City, acting by and through its Board, has entered into an agreement with IBM to utilize the IBM Intelligent Operations Center on IBM's SmartCloud related to the collection of information from level indicators installed in the City's sewer system which will monitor and alert the City wastewater facility when water is rising to unacceptable levels or when a blockage occurs ( "Project "), said Project being more particularly described at Exhibit attached hereto and incorporated herein; and WHEREAS, IBM has requested the use of certain information which may include text, photographs, video's, the City seal or other logo, other images, marketing claims or other materials (collectively "Customer Information ") to be used in whole or in part by IBM without charge or compensation for use in its Marketing Materials and the Board is agreeable to such request. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend, Indiana as follows: Section 1. The Board hereby agrees, approves, and authorizes IBM to utilize the Customer Information described above in IBM's Marketing Materials which may include, without limitation, a success story, web site article, brochure, press release, presentation, speech, promotional materials or other document provided however that such marketing claims are true and accurate. Section 2. The Board further agrees that IBM's use of the Customer Information shall be without charge or compensation, and that IBM shall own all rights, including copyrights, in the Marketing Materials. Section 3. The Board's authorization and approval is conditioned upon the Board's right to cancel its authorization and approval at any time by sending written notice to IBM, and that such cancellation shall be deem effective as to prevent expanded future use of the Customer Information by IBM, it successors or assigns. Further the Customer Information available for use by IBM, its successor or assigns shall not include any information declared confidential by court order, by federal or state statute, containing trade secrets, or the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. Section 4. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works.