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HomeMy WebLinkAboutContract 40311 (2)A CITY SECRETARY ACONTRACT NO,... Mq 2 � IF UDC PRIVATE TRAINING CENTER AGREEMENT PLEASE TYPE OR PRINT: (�i 0 QQ3 ❑ NEW EXISTING City of Fort Worth, Occupational Health & Safety Division Organization ("Training Center") DDC PROGRAMS: Primary: Ro ,Josselet, Occupational Health & Safety Manager Z 13S( Alternate 1: William Armstrong, Citywide Safety Coordinator Alternate 2: Alfred Henderson, Return -to -Work Coordinator Contact DDC-6/8 I I f ❑ DDC4 1000 Throckmorton Street Address t DDC-PTD I I ❑ DDC-ADD Fort Worth TX 76102 City State zip ❑ DDC-Mature Driver ❑ DDC-A25 Josselet 817.392,7766 817.392.8526 Armstrong 817.392.8414 Henderson 817.392.8421 Telephone Fax ❑ Other: ron.0osselet(o),fortworthgov.org william.armstronqCo),fortworthgov.orq alfred.henderson(o),fortworthgoy.org RECE l\B L D E-mail Website J U N 0 1 2010 1. APPOINTMENT; APPROVED AREA OF RESPONSIBILITY; TERM NATIONAL SAFETY COUNCIL A. The Training Center agrees to teach the DDC programs indicated above (the "DDCs"). SYRACUSE, N.Y. B. The appointment will be effective when Training Center receives a copy of this Agreement executed by an authorized representative of the NSC and will remain in effect for two (2) years from the date this Agreement is signed by NSC. C. Under this A r ement the Training Center may provide the DDC program(s) indicated above only to (check appropriate categories): ❑ MemberskEmployees Others 2. COMPLIANCE WITH MANUAL/LAWS Training Center agrees to teach the DDCs in strict accordance with and to comply with the provisions of the Manual of Rules and Procedures (the "Manual"), as it may be amended from time to time by NSC. The Training Center shall comply with all applicable governmental rules, regulations, laws or ordinances as it pertains to the delivery, administration or benefits of the DDCs. 3. MATERIALS; COPYRIGHT NSC will make available to the Training Center all of the products and materials contained in NSC's DDC Price List ("DDC Materials") at the applicable prices. NSC may add or delete DDC Materials and change the prices in the Price List at anytime. The Training Center agrees to order all DDC Materials directly from NSC. The Training Center further agrees that it will use the DDC Materials only in connection with its providing DDCs under this Agreement. NSC or its representative may monitor the Training Center's presentation of the DDCs. The Training Center agrees to order all DDC Materials directly from NSC. The Training Center further agrees that it will use the DDC Materials only in connection with fulfilling its obligations under this Agreement. The Training Center agrees that inspections by NSC or its representatives may be undertaken from time to time. The Training Center recognizes that the DDCs are the exclusive property of NSC. The Training Center understands that DDC materials and audio visuals are copyrighted and that reproduction of this copyrighted material in any form is prohibited. Any unauthorize reproduction or use of this :_ copyrighted material can result in immediate termination of this Agreement and NSC may also pursue any other re -URECORD 4. INSTRUCTORS CITY SECRETARY The Training Center agrees to use only currently registered NSC-certified instructors to teach the DDCs and the ainiFlAstdst that individuals who wish to be certified as instructors must complete a registered DDC Instructor Course(s) and teach a minimum of t�/o probationary DDCs. Training Center instructors will take the Instructor Course from #`- 06-09-10 P12:59 IN (Name of Instructor Training Center) All instructors will be trained with the appropriate Instructor's Packet(s) in accordance with the Manual. 5. SUPERVISION The Training Center agrees to supervise the presentation of all DDCs and to ensure that the instructors it uses teach the DDCs, to ensure quality of instruction, adherence to course content and the presentation of certificates to individuals completing the DDCs. It is the Training Center's responsibility to ensure that the instructors used by the Training Center teach the DDCs in strict accordance with the appropriate current Instructor's Manual. The Training Center agrees to use, and to ensure that its instructors use, the DDC Materials prescribed by the appropriate current Instructor's Manual. 6. DVDNIDEO LEASES The Training Center understands and agrees that the leasing of the appropriate DDC DVD/video set(s) is for the sole purpose of teaching the DDCs and that the DVDs/videos remain the sole property of NSC. The Training Center must renew its leases for DDC DVD/video set(s) annually in order to maintain its appointment as a Training Center. No organization will be considered for appointment as a Training Center without proof of payment for a current NSC DVD/video lease(s). 7. NSC TRADEMARK The Training Center acknowledges that NSC is the sole owner of the trade names, trademarks and logos used by NSC (the "Marks"), including but not limited to "NATIONAL SAFETY COUNCIL", the green cross for safety, "DEFENSIVE DRIVING COURSE", "DDC" and design (car in circle with vehicles) and the Training Center acknowledges the validity of the Marks. The Training Center agrees that it will not use the Marks, or any name, mark or logo confusingly similar thereto, except in accordance with NSC 's policies on the use of its Marks, the current version of which is set forth in the Manual. The Training Center agrees that all references to the DDCs, in print or otherwise, made by or on behalf of the Training Center shall indicate the source of the DDCs by referring to them as "the National Safety Council's Defensive Driving Courses". In the event that the Training Center desires to use a logo in connection with a reference to the DDCs, the Training Center shall use the green cross for safety and/or the DDC design (car in a circle of vehicles) logo. 8. ASSIGNMENT The Training Center may not assign this Agreement without the prior written consent of NSC. Any attempted assignment shall be null and void. 9. TERMINATION Either party may terminate this Agreement with or without cause, by providing thirty (30) days prior written notice to the other party. 10. POST —TERM OBLIGATIONS AND RIGHTS Upon the termination or expiration of this Agreement: A. The Training Center will stop teaching the DDCs, except, that the Training Center may complete any DDC then in progress; B. The Training Center will not represent to the public that it is authorized to teach the DDCs; C. The Training Center will stop using, in advertising or in any other manner, the Marks, Symbols, and other identifying characteristics or indicia of NSC or the DDCs, and the Training Center will not teach or cause to be taught, a driver safety course under any name or logo likely to be confused with NSC or the DDCs; D. The Training Center will return to NSC, at the Training Center's expense and without retaining any copies, all DVDs/videos, workbooks, Manuals, Instructor's Manuals, and advertising and promotional materials which NSC provided to the Training Center during this Agreement. If the Training Center has paid all sums owing to NSC for any period subsequent to the termination of the Agreement, NSC will refund a prorated amount of any DVD/video rental fee paid by Training Center to NSC for any period subsequent to the Termination Date. NSC will also repurchase from the Training Center any current unused student workbooks returned to NSC in the same condition as originally delivered to the Training Center. The repurchase price will be equal to the price the Training Center paid for the workbooks; E. The Training Center will pay all amounts owed to NSC. SEE SIGNATURE PAGE ATTACHED Date Signature —Training Center Representative Title L - �- 1 d )CCti/�t�-/J�/!^�� pEtc Y?C` � Yl Coo 1y1/t Date _ Signature - National Safety Council Representative Title Mail to: : DDC TX Salina Mead y ATTNNon-TEA 200 ows Parkway Sracuse, NY ax: 315/453J932 13212 F Questions: Call 1-800-432-5251, ext. 43003 or 43007 aFFICIAI_ RECORD CITY SECRETi4RY T. WORTH, TX DDC PRIVATE TRAINING CENTER AGREEMENT CITY OF FORT WORTH SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as noted in Section I.B. of the Agreement. APPROVED BY: Karen L. Montgomery Assistant City Manager RECOMMEND APPROVAL: Human Resources Director APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney NO M&C REQUIRED �/OuJrl Date: Date: SUN � � 2010 NATIONAL SAFETY CO SYRACUSa U Noy NClL OFp�CIAL RECORD CITY SECRETARY FT. WORTH, TX June 3, 2010 City of Fort Worth Ron Josselet 1000 Throckmorton Street Fort Worth, TX 76102 Mr. Josselet, t, We are pleased to accept your DDC Private Training Center Agreement Renewal as a National Safety Council Course provider of the DDC-8/6 and ?DC-PTD programs. Enclosed is a copy of your signed Agreement and Wall Certificate for your records. Your customer ID number, 610443, is still used on several of our forms for file identification. Please refer to it when corresponding with us or placing product orders. Your Training Center Agreement will expire on 513112012 and must be renewed in two years. Please feel free to contact me at (800) 432-5251, ext. 43007 if you need any assistance, or have any questions. Sincerely, Julie Sampson Record Coordinator OFFICIAL RECORD CITY SECRETARY. FT WORTH, TX Data Management Center 200 Salina Meadows Parkway •Syracuse, NY 13212 FORT 11 RTH Human Resources Occupational Health & Safety / Workers' Compensation Division Inter -Office Correspondence Date: June 8, 2010 T0: Marty Hendrix, City Secretary FROM: Ron Josselet, Human Resources Manager Occupational Health & Safety and Workers' Compensation SUBJECT: Agreement with National Safety Council Attached please find a fully executed Agreement between the City of Fort Worth and the National Safety Council. This Agreement is for the two-year period June 1, 2010 through May 31, 2012. Please assign a contract number and enter this agreement into your records, Also please return a copy for my records. We appreciate it, Marty!