Memorandum of Agreement with Joint School District NoMEMORANDUM OF AGREEMENT
FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM
This MEMORANDUM OF AGREEMENT ("MOA") is made this ay of January, 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 "Snow White," on March 18 and 19,
2011, a youth program of the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("MAC");
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. Upon execution of this agreement, City shall remit to District a pre -payment 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 19, 2011, 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 18, 2011 and at the performance on March 19, 2011, 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 19, 2011 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 18, 2011.
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 NO. 2:
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Troy Rice
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CITY OF MERIDIAN:
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Tammy de �r, Mayor ity Clerk
MOA WITH MERIDIAN JOINT SCHOOL DISTRICT No. 2 1& '6F' 14S AUDITORIUM
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PAGE 1 OF 1
EXHIBIT A
RENTAL USAGE AGREEMENT
RENTAL USAGE AGREEMENT
Between: And:
C� 0 Meridi�UII
Joint School District No. 2 'QA C010101 SS 04
1303 E. Central Drive t
Meridian, Idaho 83642 b A--rLa — cG42-
(Hereinafter
2(Hereinafter called OWNER) (Hereinafter called RENTER)
The District Service Center conference facility is hereby rented to the RENTER according to the following
schedule and terms:
Area(s)/Room(s) Rented K'�H N. A,t4l-fo -kk,.
Zoo.
Date(s) of Rental: between the hours of and =DD ►f . (N,gI0
Check areas/equipments/services on page two and specify total fees to be paid in the space
below as per Joint School District No. 2 policy 1003.20 (Rental Fees).
Total Deposit - refundable $ po —
25 ,Fi,rSciAW 1 J
Total of All Rental Fees From PageTwo $ �O
25%hr crAs{�li �..1'
>vt Niq vv►ty -*too
4.
Special conditions of the agreement:
a.
OWNER will provide RENTER with a copy of policy numbers 1003.10 and 1003.20. RENTER
b.
has read and agrees with all of the conditions of Joint School District No. 2 policies.
No than
equipment other that specified in Item 4 will be furnished to the RENTER without prior
approval of the rental authority/principal.
c.
If the building being rented is not properly cared for, the rental authority/building principal
retains the right to break the contract.
d.
No food or beverages will be allowed except in designated areas.
e.
Approved individuals or organizations shall be responsible for the orderly and lawful conduct
of all attendees.
f.
Certain group programs or activities may require the presence of firemen, policemen, special
equipment and medical personnel. The scheduling and payment of these services is the
responsibility of the renter.
g.
The District will in no event retain liability for any loss of revenue to Lessee for closure of the
building by the Fire Marshal, or any situation out of District control, including an act of God.
The Lessee will be liable for any fines imposed upon the District.
h.
No alcoholic beverage will be permitted in school buildings or on school property at any time.
Smoking inside the District Service Center or anywhere on its property will not be permitted at
any time, in accordance with District policy and State law.
i.
Payment by the RENTER will be made prior to using the facility unless other arrangements
have been made with the superintendent/rental authority.
IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND
YEAR AS WRITTEN ABOVE.
/J
By OWNER` e
�o By RENTER e 46
(Super tendenv esignee (Authorized epresentative)
l .-, Date Agreement Signed Uy��o
EXHIBIT B
HOLD HARMLESS & INDEMNITY AGREEMENT
01
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SUK4
Tomorrow's ti Joint
S District
CMO•nys No.
1303 \ E. Central Drive • Meridian, Idaho 83642 • (208) 855-4500 •Fax (208) 350-5958
�FA9re . Merd�a�.
S
SUPERINTENDENT
Dr. Linda Clark
HOLD HARMLESS AND INDEMNITY AGREEMENT
(For Use of School District Facilities by a Governmental Entity)
THIS HOLD HARMLESS AGREEMENT ("Agreement") 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 "Distriot", 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, and in consideration of the
recitals above, which are incorporated herein, and the mutual representations, covenants,
undertakings and agreements hereinafter contained, District and Entity agree as follows:
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, loss 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 loss as the result of any one (1) occurrence or accident, regardless 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
andtor grounds; -and at least annually thereafter for s6-71 0--n'g- 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 same 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
HOLD HARMLESS AGREEMENT AND INDEMNM AGREEMENT—Page 2 of 3
Attn: City Clerk
33 East Idaho Avenue
Meridian, ID 83642
5. Assignment. Entity shall not be entitled to transfer or assign all or any portion of its
interest in this Agreement.
6. Attorney's Fees. 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 costs with respect to an appeal.
7. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws -of the State of -Idaho. . " �- — - ---.- . - - - - -
8. 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, or amendment of any
provision hereof shall be binding unless reduced to writing and signed by authorized
representatives of both parties.
ENTITY: City of Meridian
By:
Its: ti�CF
Date Signed: 8— —� 7
r
ATTEST: B, AL
Its:
DISTRICT. JOINT SCHOOL DISTRICT NO.2
By. `� � ri
Its:
Date Signed: jkk -7—
HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT— Page 3 of 3