HomeMy WebLinkAboutHold Harmless & Indemnity Agreement with Joint School District No. 2(~` tri
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August 22, 2007
Tara Green
Deputy City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Joint School District No. 2
1303 E. Central Drive • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 350-5958
Re: Hald Harmless and Indemnity Agreement
Dear Tara,
Enclosed is a copy of the signed Hald Harmless and Indemnity Agreement for your records.
Thank you for your help in this matter.
Sincerely,
Scott Stuart
District Activities /Athletic Director
Enc.
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SUPERINTENDENT
Dr. Linda Cla~~k
HOLD HARMLE55 AND INDEMNITY AGREEMENT
(For Use of School District Facilities by a Governmental Entity)
THIS HOLD HARMLESS AGREEMENT ("Ageement") is made by and between Joint
School District No. 2, an Idaho school district and body corporate and politic of the State of
Idaho, hereinafter the "District", and the City of Meridian; hereinafter referred to as "Entity".
RECITALS:
A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho
Code §6-901, et. seq.
B. Entity is interested in having the opportunity to use various facilities and/or
grounds of the District for public purposes from time to time as approved by the
District.
C. In exchange for the opportunity to use the District's facilities and/or grounds,
Entity desires to provide certain written assurances and indemnifications to
District for claims and damage arising out of or occurring during or from such use
as hereinafter set forth.
NOW THEREFORE, for good and valuable consideration, anal in consideration of the
recitals above, which are incorporated herein, and the mutual representations, covenants,
undertakings and agreements hereinafter contained, District and Entity ogee as follows:
1. Indemnification of District. Entity shall defend, indemnify and hold harmless the
District, and District's trustees, officers, agents and employees, and the State of Idaho,
from and against any and all demands, suits, actions, claims, lass or damage of any kind,
character or description, whether or not meritorious, costs, or expenses, including, without
limitation, attorneys' and other professional fees and disbursements, in conjunction with
any loss of life, personal injury and/or property damage arising out of or relating to the
occupancy or use by Entity of any part of the District's facilities and/or grounds
occasioned wholly or in part by any act or omission of Entity or its officers, contractors,
licensees, agents, servants, employees, guests, invitees or visitors, except for such claim
resulting solely from the negligence or otherwise wrongful act or omission of the District
and/or the District's officers, employees, or servants.
HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT- Page 1 of 3
2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District
facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force
and effect a comprehensive general liability insurance policy issued by a company
licensed to engage in the insurance business in the State of Idaho.
a. The insurance policy shall contain standard liability insuring agreements in the
limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate
Holder. The limits of said policy shall be not less than five hundred thousand
dollars ($500,000.00) for bodily or personal injury, wrongful death, or property
damage or lass as the result of any one (1) occurrence or accident, regardless of
the number of persons injured or the number of claimants.
b. Nat less than five (S) business days prior to Entity's first use of District's facilities
and/or grounds; and at least annually thereafter for so-long as Entity shall use any
such facility and/or grounds, Entity shall furnish the District with a certificate of
insurance evidencing the existence of such coverage, executed by a duly
authorized representative of each insurer.
c. The certificate of insurance shall provide that the company or program providing
such coverage shall provide the District with thirty (30) days prior written notice
of any cancellation or material alteration of the policies set forth in the certificate
of insurance.
d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity
shall deliver a new certificate of insurance to the District indicating compliance
with the revised limits within ten (10) business days of the effective date thereof.
e. To the extent allowed under the Idaho Tort Claims Act and the Idaho
Constitution, such insurance coverage shall be primary for any and all damage of
any nature caused to or incurred by the District arising out Entity's use of the
District's facilities and/or grounds.
3. Waiver. The waiver by either party of the performance of any covenant, condition or
term herein shall not invalidate this Agreement, nor shall the carne be considered as a
waiver by such party of any breach or other covenant, condition or term herein.
4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly
delivered if the same is personally delivered or deposited in the United States Mail,
certified, return receipt requested, postage prepaid, and properly addressed as follows:
To District: Joint School District No. 2
Attn: Superintendent
1303 E. Central Dr.
Meridian, Idaho 83642
To Entity: City of Meridian
HaLD HARMLESS AGREEMENT ANTI INDEMNITY AGREEMENT- Page 2 of 3
Attn: City Clerk
33 East Idaho Avenue
Meridian, ID $3642
5. Assi ent. Entity shall nat be entitled to transfer or assign all or any portion of its
interest in this Ageement.
6. Attorn~~s 1~ees. In the event that suit or action is instituted by either party to interpret or
enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum
as attorney's fees and all court costs incurred on behalf of that party, including such fees
and casts with respect to an appeal.
7. Governing Law. This Agreement shall be governed by and construed in accordance with
- t e laws of the State of Idaho. - --- -- -
Authority of the Parties. Each party to this Agreement represents and warrants that the
execution, delivery, and performance of this Agreement has been duly authorized by all
necessary action of such party and is a valid and binding obligation upon the persons or
entity signing this Agreement.
9. Amendment or Modification. No modification, release, discharge, ar amendment of any
provision hereof shall be binding unless reduced to writing and signed by authorized
representatives of bath parties.
ENTITY:
City of Meridian
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Date Signed: 8-(4-0 7 ~,;~~~ ~~~''-
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DISTRICT: JOINT SCHOOL DISTRICT NO.2
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Date Signed: ,~~7?_~L' -~
HOLD HARMLE5S AGREEMENT AND INDEMNITY AGREEMENT- Page 3 of 3