HomeMy WebLinkAbout2015-01-05-Resolutions 15-007_Continuous Improvement Training Contract - Lean TrainingTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-007
APPROVING CONTINUOUS IMPROVEMENT TRAINING CONTRACT WITH
DES MOINES AREA COMlVKJNITY COLLEGE (DMACC)FOR
FACILITATOR TRAINING
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UICEE,IOS'A
WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas
County;AND,
WHEREAS,the Waukee City Council approved a Continuous Improvement Trauruxg
Contract with Des Moines Area Community College (DMACC)for Phase I of the City's
New Height initiative (October 6,2014;Resolution 814-271),for Phase II (November 3,
2014;Resolution 814-308),and for Phase III (December 15,2014;Resolution 814-349);
AND,
WHEREAS,City staff and the New Heights Steering Committee recommend training
internal facilitators so the continuous improvement initiative can continue in the future
with less assistance from DMACC;AND;
WHEREAS,DMACC has provided a contract for their services related to facilitator
training,winch.is attached hereto as Exhibit A.
NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in
session this 5'"day of January,2015,that it hereby approves the Continuous
Improvement Training Contract with Des Moines Area Community College (DMACC)
for facilitator training.
illiam .Peard,Ma or
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
X
X
X
X
X
NAY ABSENT ABSTAIN
CONTRACT NO.941
TRAINING CONTRACT
This Aqreement made and entered into this 5 dav of Janua ,20 15
by and between Des Moines Area Community College ("DMACC")and
Ci of Waukee ("Business").
WHEREAS,DMACC will develop and provide training services to employees of Business;
WHEREAS,DMACC desires to perform and Business desires to accept such services on
the terms and conditions set forth in the Agreement.
It is therefore agreed between the parties as follows:
SECTION 1.DMACC SERVICES
DMACC will develop and provide training as discussed with the City of Waukee staff and
outlined in separate Training Program documentation.unless otherwise specified in the
Training Program,no college credit hours will be awarded to any participants in the
Training Program.
SECTION 2.PAYMENT FOR SERVICES
Business shall pay DMACC for its performance hereunder the sum of $6 400
Such fees will be payable as the development services and training services are
completed or provided.Such billings will be due and payable within thirty (30)days after
receipt of the billing.Late payment fees of 1"/~VO per month will be added for late
payments.
SECTION 3.INDEPENDENT CONTRACTOR RELATIONSHIP
The parties to this Agreement intend that the relationship between them created by the
Agreement is that of DMACC as an independent contractor.No agent or employee of
DMACC shall be or shall be deemed to be the agent or employee of Business,and no
agent or employee of Business shall be or shall be deemed to be the agent or employee of
DMAGC.
SECTION 4.INSURANCE
In the event that the training services are provided at the facilities of Business,Business
shall provide all necessary insurance to protect DMACC from any asserted liability
associated with the provision of such training services.Likewise,if DMACC is furnishing
the facilities,DMACC shall provide all necessary insurance to protect Business from any
such liabilities.If requested,the insuring party shall furnish a Certificate of Insurance to
the other party.
SECTION 5.LIMITATION OF LIABILITY
ln no event shall DMACC or Business be liable to the other party for any indirect,special
or consequential damages or lost profits arising out of or related to this Agreement or the
performance or breach thereof,even if DMACC or Business has been advised of the
possibility thereof.Except as provided in Section 4,DMACC's or Business'liability for
other damages to the injured party hereunder,if any,shall in no event exceed the total
amount due to DMACC hereunder by Business.
SECTION 6.TERMINATION OF CONTRACT
This Agreement shall be in full force and effect from the date of execution through
December 33 2015 ,unless modified bv mutual aqreement of the parties
or terminated as described below.This Agreement may be terminated/canceled (i)by
DMACC if Business fails to pay DMACC any charges required hereunder;(ii)by either
party if the other party is in default of any provision hereof and such default is not cured
within thirty (30)days after notice of such default is provided;or (iii)by either party if the
other becomes insolvent or seeks protection under any bankruptcy law.In the event of
such termination,all amounts due for services performed prior to the termination shall be
due and payable.
SECTION 7.ASSIGNABILITY OF AGREEMENT
Neither party shall assign this Agreement or any rights under this Agreement without the
prior written consent of the other party.
SECTION 8.ENTIRE AGREEMENT AMENDMENTS AND MODIFICATIONS
The parties hereto acknowledge that the terms and conditions of this Agreement
supersede all prior understanding between the parties whether written or oral relating to
the subject matter hereof,and that such agreement expressed their entire agreement and
no modifications or amendments thereto shall be effective unless agreed to in writing by all
parties to this Agreement.
SECTION 9.GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Iowa.
SECTION 10.NOTICES
All notices,certificates,requests or other communications hereunder shall be in writing
and shall be deemed to be suNciently given when mailed by registered or certified mail to
the appropriate address as follows:
DMACC:Kim Didier
Des Moines Area Communit Colic e
2006 S.Anken Blvd.
Anken IA 50023
Business:Tim Moerman
SECTION 11.OWNERSHIP
The ownership of the training manuals,video productions,and other materials used in the
Training Program,including copyrights thereon,shall remain the property of DMACC
unless specific exclusions are outlined in the Training Program.
SECTION 12.HEADINGS
The Section and other headings contained in this Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement.
SECTION 13.NONDISCRIMINATION CLAUSE
DMACC and Business shall not discriminate against any person on the basis of race,
color,creed,sex,national origin,religion,age,disability or Vietnam era veteran status.
Des Moines Area Community Colleqe
DMA C
Cit of Waukee
Business
xecutive Di ctor,DMACC Date
Business Resources
0i ()&AIS'
yped Date
Name):William F.Peard
(Typed Title):Ma or
(Typed
Name):
(Typed Title):
Date
~Co ies:
(1)Business
(1)DMACC Business Office
SE6:E6106301.92 (06/93)
q:tedg&sharedttcntrctt 5/00
(1)DMACC EDG
(1)DMACC Human Resources
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