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HomeMy WebLinkAboutBPW-09-02-15-01 - Acknowledging the Mayor Signature on Sister City Education Exchange agreementRESOLUTION NO. BPW-09-02-I5-0t RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City'), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review. SO RESOLVED this and S day of tnbbr , 2015. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Jat es Brainard, Presiding Officer ate: Mary An Date: Lori S. Watson, Mer Date: /1.1,tyv,PLCL ATTEST: Diana Cordray, INCA, Clerk "Treasurer Date: —2—/5 S:\pbeddndeBPW Resolution\Acknowledge Sister City Committee Exchange Education Agreement 2015.docx ta20151132 AM SISTER CITY COMMITTEE EDUCATION EXCHANGE AGREEMENT This Carmel-Xiangyang Sister City Committee Education Exchange Agreement ("Agreement") is hereby entered into by and between the Carmel Clay School Corporation ("School"), an Indiana public school corporation, and the City of Carmel, Indiana, a municipal corporation ("City"). School and City agree to the following, which forms the basis for this Agreement: A. City desires to establish with School the education exchange program ("Program") in which School will provide services specified herein; B. School and City now enter into this Agreement to establish the terms and conditions pursuant to which the School will provide education services to the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, School and City agree as follows: 1. Term. The term of this Agreement shall begin on August 15, 2015 and continue until the departure of the Chinese national students from the City of Carmel, and from the United States, which is expected to happen by August 28, 2015. 2. Education Exchange Services. School will provide City with education exchange services to send and receive administrators, teachers, and students from schools between the cities with -a focus on environmental studies, pursuant to the following terms and conditions: a. Students participating in the Program will attend classes at Carmel High School: i. Participating students will shadow a Carmel High School student; b. School will provide after-school activities for the participating students; c. School will provide transportation for participating students to Carmel High School, as well as to and from scheduled events and tours throughout the duration of this Agreement. d. Participating students will be accompanied by an adult (not a School employee) when attending scheduled school events, e. School will provide background checks on host families, if requested by the City. 3. Assignment. Except as otherwise provided by this Agreement, neither party hereto may transfer or assign this Agreement without the prior written consent of the other party. 4. Insurance Coverage. Unless a party hereto certifies that it is self-insured and provides reasonable assurances as to its ability to provide such self-insurance, the City shall maintain comprehensive general liability instuance during the term of EXHIBIT 1 this Agreement for the students and participants except while on school property or 1 being transported.. 5. Indemnification, The City agrees to indemnify and hold harmless the School, as well as School officials, officers, agents, employees, assignees, attorneys and volunteers, front any liability, loss, injury, or damage to person or property (including death) that each may suffer as a result of claims, demands, costs, or judgments, including legal fees, that arise out of the above activities, actions or inactions under or pursuant to this Agreement, except tb the extent that School insurance provides priruary coverage. When School insurance coverage provides primary coverage, the City Will reimburse the School for uncovered expenses and deductible costs associated with any claims. 6. Applicable Law. This Agreement shall be interpreted, construed, and.enforced pursuant to, and in accordance with, Indiana law. The parties consent to venue in Hamilton County, Indiana. 7. Entire Agreement. This Agreement constitutes the entire agreement between School and City regarding the subject matter thereof, and supersedes all prior negotiations, agreements or representations, whether oral or written, and specifically any prior Memoranda of Understanding, related to the Program. 8. Amendments. This Agreement may be amended or modified only through a written document signed by both School and City. 9, Waivers.. The waiver by either party of any breach or other violation of any provisionofthis Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement. 10. Duty to Cure. If any provision of this Agreement, or the application of such provision to any person or circumstances, is deemed invalid by a court of competent jurisdiction, then the parties hereto shall negotiate in good faith an amended agreement to cure such invalidity. In the event an amended agreement is not reached, the remainder of this Agreement, or the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, and the same shall becomeeffective according to its tenns on and after the date on which it is last signed by a party hereto. CARMEL CLAY SCHOOL CORPORATION ("School") BY: Printed: Title: Layla Spanenberg School Board President EXHIBIT A 2d3 Date: CITY OF CARMEL, INDIANA, by and through its Board of Public Works and Safety ("City") Approved and Adopted this day of , 2015. BY: • it�L I\J/I Jan es Brainard, Presiding Officer 4- ritYr iz BY: Mary Ann Burke, Member BY: Date Lori S. Watson, Member Date EXHIBIT %'1