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Home My WebLink AboutMemorandum of Agreement with Joint School District No. 2 to Rent Rocky Mountain High Auditorium for the Wiz of the WestMEMORANDUM OF AGREEMENT FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM This MEMORANDUM OF AGREEMENT ("MOA") is made this ~ day of October, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto find it to be in the best interest of their respective constituents to rent Rocky Mountain High School auditorium, located at 5450 N. Linder Road, Meridian, Idaho, to City for the dress rehearsal and performance of the Missoula Children's Theatre performing arts project "The Wiz of the West," on March 23and 24, 2012, a youth program of the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("~C")' NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. A. Rental Usage Agreement. All terms and provisions of the Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit A, are incorporated herein by reference as though set forth fully herein. B. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed by the parties on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. C. Payment. City has remitted to District a deposit in the amount of five hundred dollars ($500.00) to reserve ~ City's use of the Rocky Mountain High School auditorium as set forth in the Rental Usage Agreement. Within thirty (30) days following the performance on March 24, 2012, District shall remit to City an invoice for the remaining balance due for fees and/or damages actually incurred. The following fees shall apply: 1. Lights and sound operation: One (1) school employee to operate the lighting and sound equipment at dress rehearsal on March 23, 2012 and at the performance on March 24, 2012, at the rate of twenty-five dollars ($25.00) per hour, so long as City provides an adult volunteer to assist such school employee at both times. If City does not provide an adult volunteer, two (2) school employees will be required to operate the lighting and sound equipment, at the rate of twenty-two dollars ($22.00) per person per hour. 2. Weekend custodial services: One (1) custodian to be on site during City's occupation of the RMHS _ __ _ _ __ auditorium on March 24, 2012 only, at the rate of twenty-five dollars ($25.00) per hour. It is understood that as custodial services are provided on weeknights, no additional charge shall apply for custodial services rendered on March 23, 2012. IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN JOINT SCHOOL DISTRICT N0.2: Troy l~lce CITY OF MERIDIAN: ~,~ ~. 04~,TED A v~~s~ o~ r G '~,~ P~ City of ~D~A~~ Att ~ A" / • ~~ SEAL ~,-~ ~fr MOA WITH MERIDIAN JOINT SCHOOL DISTRICT N0. S~~i an, City Clerk SE OF RMHS AUDITORIUM PAGE 1 OF 1 EXHIBIT A RENTAL USAGE AGREEMENT RENTAL USAGE AGREEMENT ` ~ Between: And: Joint School District No. 2 /~e 1303 E. Central Drive ___ ~_. ~~,,~~~ ~~. Meridian, Idaho 83642 ~,.. ~ ~` (Hereinafter called OWNER ~ ) (Hereinafter called RENTER ) The District Service Center conference facility is hereb rented to the R schedule and term ; Y ENTER according to the following s - 1. Area(s)IRoom(s) Rented ,~ f ~ aka 2. Date(s) of Rental: Z between the hours of ,~ and D 3. ~ ZY~~~ - _ -' ~Dal~ g Z ~. Check areaslequi mentslservi P p ces on page two and specify total fees to be aid in the p s pace below as per Joint School District No. 2 olic 1003.2 p Y 0 (Rental Fees. Total De osit • refundable $ oo - Total of All Rental Fees Frorn Pa e Two $ ~LS ~ ~ f°~ D eta~r Z Z ~ 4. 0 Q f~ Special conditions of the a reemen : `~ ~ ~ eia''`~ ~ 9 t , a. b OWNER will provide RENTER with a co of oli ~ kc~!`~" ~ZS ~s~1~~ has read and a pY p cy numbers 1003.10 and 1003,20. RENTER grees with all of the conditions of Joint School Dist i t N ' ' °~^ ~ ` ~', b. E~~ r c o. 2 I - t No equipment other thanthat s ecified in It po ides. p em 4 will be furnished to the RENTER without riot approval of the rental authori / ri p t n l c. y p cipa . If the building being rented is not properly cared for there retains the ri ht to break th ~ ntal authority/building principal 9 e contract. d. No food or beverages will be allowed exce t in desi na p 9 ted areas e, . Approved individuals or organizations shall be responsible for the order) and la of all attendees, Y wful conduct f. Certain group programs or activities ma re i e ui ment and Y qu re the presence of firemen, policemen, s ecial q p medical personnel. The scheduling and pa ment of th p y ese s i erv ces is the responsibility of the renter. g. The District will in no event retain liabiii for an I buildin b ~ y oss of revenue to Lessee for closure of the g y the Fire Marshal, or any situation out of District co t l n r , including an act of God The Lessee will be liable for an o y fines imposed upon the District h . No alcoholic beverage will be permitted in school buildin Smoking inside the District Se 9s or on school property at any time. rvice Cent er or anywhere on its property will not be erm' any time, in accordance with District olic and Stat p fitted at p y e law. i. Pa ment b th Y Y e RENTER will be made prior to using the facili unl have been made with the ~ tY ess other arrangements su erinte d tl p n en rentalouthority. IN WITNESS WHEREOF THE PARTIES HERETO EX YEAR As wRITT ECUTED THIS AGREEMENT, THE DAY AND EN ABOVE, ~~ By OWNER fo ~ B RENT u y ER f ( p ~ttenden esignee~ ut or' ( ize Represents ve ~-~'~ '~ C C~ ~ crG ~r D ~ late A regiment Si n ~ ~ ~ ~ ~ 9 g ed o 1 ~~ EXHIBIT B HOLD HARMLESS & INDEMNITY AGREEMENT oil ajs ~~ ~~r ~ t~ ~ ~~~~ ~ ~ .~ Tv~r': ~ • • r'1 Te~-a-~w's N ~s r ~~ ~. ChNIM9N ~~ 1303 E. Central drive ~ Meridian, Idaho 83642 ~ tzp8) $55-450 ~ Fax {~O8a 350-5958 ~'Fi~ 1d~~`'S ~~r~ SUP~RINTENpENT Dr. Linda Clark HOLD HARNII.ESS AND IIVDEMI~ITY AGREEMENT (For Use of Scbool DiaMct Facititi~ by a Governmenhi Entity) THIS HOLD HA;kMLESS AGREEMENT ``Agreement" is made b aad betty . ~ y een Joint Scbool Dfstnet No. Z, an Idaho school district and body co and Iitic of the ~ , po State of Idaho, b the "District", aril the City of Meridian' ~h~einafter referred to ~ as "E ~ '~ ' r ntit~ , A. Entity is a "governmental entity'' as deEned in the Idaho Tort Claims ,Act Idaho Code §6901, et, seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from tune to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or ounds Entity desires to provide certain written asses and indemnifications to District for claims and damage arising out of or occuurring during or from such use as hereinafter set forth. NOW' THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual r esentations covenants . ePt' ~ , undertakings and agreemen#s hereinafter contacted, Ihstrlct and En~ty agree as follows: 1. Indernnificatian, f Dis 'ct, 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 eacpenses, 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 relaying 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 of ~icets, contractors, licensees, agents, servants, employes, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongfi~i act or omission of the District and/or the District's officers, employees, or servants, HOLD HALtMLESS AGREEMENT AND l1VDEMNi'rll AGRL~.MEtVT- i•~e ~ of 3 2, t I ov e. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall k and . and effect ~ .. ~ , rnaintau~ m full force • a comprehensive gcneral l~ab~lity insurance policy issued b a coin an licensed to en e m the ~ y p y 1~6 ~nsti~rartce business ;n the State of Idaho. . a. The insurance policy shalt contain standard liabili a cements ' . tY u~sunng gr w the lmuts set forth m the Idaho Tort Clai~gas Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars (~SOO,p00,00} for bodily or personal injury, wren den or ~ ~ I~P~Y damage ar loss as the result of any one (1) occurrence or accident rc dless of the number of persons injured or the number of claimants. b. Not less than five {5) business days prior to Entity's first use of District's facilities ' andrar'groun~s;'aad' at last annuaU the~eaft -.. '_ ~ ' `.. .. . y er for so long as ~naty shall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executcd by a duly authorized representative of each insurer. c, The certificatc of insurance shall provide that the company or program providin such coverage shall provide the District with thirty (30) days prior written notice of any cancellation ar material alterarion of the policies set forth in the cerrtificate of insurance. d. in the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall dcliver a new certificate of insurance to the District indicating coin Hance • p with the rev~sod lets wnthin ten (10}business days of the e#fective 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 inctured by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiv_~. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. N_ h~~gg. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if rho same is personally delivered or deposited in the United States Mail, cxrtified, return reccipt requested, postage prepaid, and properly addresscd as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Dr. Meridian, Idaho 83b42 To Entity; City of Meridian How a~.rss ~caae~crrr ~ mr-~ ~ca~- ~~ z ~ ~ Attn: City Clerk 33 East Idaho Avenue Meridian, ID 83642 3. Ass' t, ~nrity shall not be enstled to ~ansfer or assi all . interest in this ~ ~' ~Y portton of xts Agreement, ~, A... ttorn,,,ey~' Flee, . In the event that suit or action is instituted b either ' . y party to interpret or enforce this Agreement, the prevailing party shale be entitled to recover a reason able ruin as attorney's fees and aU court costs incurred on behalf of that p , includin Such fees ~Y g and costs with respect to an appeal. 7. Governing Law Ibis Agreement shall be governed by and construed in accordance wi . . th~o laws of the State of ~Idah~. ~ _ _ _ _ _ . _ ..... ~ .. , ... 8. Auer„ ~ of the Parses. Each patty to this Agroernent represents and warrants that the execution, delivery, and performance of this Agreement has been dul authorized b all Y Y noc~ssary action of such party and is a valid and binding obligason upon the ns or entity sigung thrs Agreement. 9. mod, n~ent or Modi~ca~. No modification, release, dischar e, or amendment of an .. $ Y provision hereof shall be beading utiless reduced to writing and signed by authorized representatives ofboth parties. ~N'I'~~ City of Meridian ~~~~ Its: 0 r~ ~' ~~~~11 ~ ~>>/~/ ~p ~ ~ ~ ~atC Signed. i~" ''~ 7 ~~~~` ;~~ ~r~~, ~I /'~ ~ ~ ~ w ~ ATTEST: ~ ,~~~..,. M ~~~~, .~ 1 ~ ~~, ~t8: j" •~i ~ ~ ~ '~ '~i ~ ~ ~~~ ~~~~~~r~~~~ ~~~~~~``'t~ ntsT~ucx: JOINT SCHOQL DISTINCT N0. ~ •, n $y. ~. .., , .' ' '~I/^,,~/ /III (~~I •f/y, /~~fr`•~ .A~`~.! ~" Its 1 ,M~~~wr+~+.~*~ , ~~+~•.i~~~ rr Date Signed: ~ ,~ ? C ~- AOLD AA,RML~S9 AGREEMF1Yr AND ~NDRMNITY ACR~~M~.Nt'- Pie 3 of ~