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HomeMy WebLinkAbout2015-05-18-Resolutions 15-141_Continuous Improvement Training ContractTHE CITY OF WAUKEE,IOWA RESOLUTION 15-141 APPROVING CONTINUOUS IMPROVEMENT TRAINING CONTRACT WITH DES MOINES AREA COMMUNITY COLLEGE (DMACC)FOR CONTINUING FACILITATOR TRAINING INTHENAMEANDBYTHEAUTHORITYOF THE C1TYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County;AND, WHEREAS,the Waukee City Council approved a Continuous Improvement Training Contract with Des Moines Area Community College (DMACC)for the training of internal facilitators so the continuous improvement initiative can continue in the future with less assistance from DMACC (Resolution ¹15-007);AND, WHEREAS,DMACC's continuing assistance is necessary on one of two training opportunities for our internal facilitators;AND, WHEREAS,DMACC has provided a contract for their services related to continuing facilitator training,which is attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18 day of May,2015,that it hereby approves the Continuous Improvement Training Contract with Des Moines Area Community College (DMACC)for continuing facilitator training. illi F.Peard,Ma or Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN CONTRACT NO.987 TRAINING CONTRACT Thi Aqe *tmd d t dit thi 1 dv f~M ,20 15 by and between Des Moines Area Community College ("DMACC")and Cit of Waukee ("Business"). WHEREAS,DMAGC will develop and provide training services to employees of Business; WHEREAS,DMACG 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. Unless otherwise specified in the Training Program,no college credit hours will be awarded to any participants in the Training Program.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 oav DMACC for its performance hereunder the sum of $4 600 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'/i%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 DMACC. 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 In 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 June 30 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. -2 SECTION 10.NOTICES All notices,certificates,requests or other communications hereunder shall be in writing and shall be deemed to be sufficiently 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.NONDISCRIIIINATION 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 Communitv College Ci f aukee DMAC E ecutive D ctor,DM Business Resources Busine ss I ACC at (Type Date Name):William F.Peard (Typed Title):Ma or (Typed Name): (Typed Title): Date ~Co ies: (1)Business (1)DMACC EDG (1)DMACC Business Office (1)DMACC Human Resources SE6:E6106301.92 (06/93) q:tedgtsharedttcntrctt 5/00 APProvsd as to FORM by DMACC General Counsel 1 1/1 0/gariibrcfffarct~ -3-