Sister City Education Exchange AgreementSISTER 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
are hereby acknowledged, School and City agree as follows:
1. Terns. 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 enviromnental 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 Cannel High School•student;
b. School will provide after-school activities for the participating students;
c. School will provide transportation for participating students to Cantel 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 insurance during the term of
EXHIBIT
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this Agreement for the students and participants except while on school property or
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, from 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 to the extent that School
insurance provides prhnary 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
provisionof this 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 terms on and after the date on which it is last signed by a party hereto.
CARMEL CLAY SCHOOL CORPORATION ("School")
BY:
Printed: Layla Spanenberg
Title:
School Board President
EXHIBIT A
2 CP
Date:
CITY OF CARMEL, INDIANA, by and through its Board of Public Works and Safety
("City")
Approved and Adopted tliis day of , 2015.
BY:
Ja es Brainard, Presiding Officer t HAY.' re—
BY:
L
BY:
Date t,ref./ 1 2rz5
Mary Ann Burke, Member Date
BY:
Lori S. Watson, Member Date
EXHIBIT A
33
RESOLUTION NO. BPW-09.02-15-01
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.
ani' S
SO RESOLVED this day of m ( 2015.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
9tt
Jar es Brainard, Presiding Officer
ate
Mary An
Date:
Lori S. Watson, Met
Date:
AT1 EST:
Diana Cordray, ICA, Clerk-"reasurer
Date:
Dat
S:9oberlander\BPW Resolueons'.Acknomledge Sister Ciy Commitlee Exchange Education Agreement" 2°15'do<x8y26/20151152 AM