Memorandum of Agreement with Rocky Mountain High School for Audiorium Use for Missoula Childrens TheatreMEMORANDUM OF AGREEMENT
FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM
This MEMORANDUM OF AGREEMENT ("MOA") is made this day of October, 2012, by and
between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Rocky Mountain High School ("School"), a school within 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 on March 22 and 23, 2013, 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 and between City and District 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 School a deposit in the amount of $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 23, 2013, 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 22, 2013 and at the performance on March 23, 2013, at the rate of $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 $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 23, 2013 only, at the rate of $37.50 per hour. It is understood that as custodial
services are provided on weeknights, no additional charge shall apply for custodial services rendered on
March 22, 2013.
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.
ROCKY MOUNTAIN HIGH SCHOOL:
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Try ce
440gP,TED A UCGST,
CITY OF MERIDIAN:
{ City of
Attest: ID3 A G
IDAXD
Tammy de fe
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Mayor Jayce H in ity SEAL
MOA WITH ROCKY MOUNTAIN HIGH SCHOOL FOR USE OF RMHS AUDITORIUM 6B o! 'be T RE AS0-�, PAGE 1 OF 1
EXH I BIT A
RENTAL USAGE AGREEMENT
/`
RENTAL USAGE AGREEMENT
Rocky Mountain High School
Between: And:
Rocky Mountain High School
5450 N. Linder Rd. --
Meridian. Idaho 83646--"�`�--
(Hereinafter called OWNER)�`��yL
(Hereinafter called RENTER)
Rocky Mountain H.S. facility is hereby rented to the RENTER according to the following schedule
and terms:
1. Area(s)/Room(s) Rented �Q/-( S 'g ,4Y"' "
2. Date(s) of Rental:if3 between the hours of `i and p
TT—
3�z3�i3 /° "" Is 3 P w`
3. 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 $ Soo
jotal of All Rental Fees From Page Two $ Tah
2s °°lso��C
4. Special conditions of the agreement: $3750 cGaC ��ln �P��,2ar
e
a. OWNER will provide RENTER with a copy of polic�n'- r$ 1003.`10 and 1003.20.f O
RENTER has read and agrees with all of the conditions of Joint Sch 1 D' P
Policies. oo istnct No. 2
b. No equipment other than 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.
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.
By OWNER fo cQi By RENTER
(Supe en ent/ esignee)
Date Agreement Signed
�'�-• - -ntA iv-
EXHIBIT B
HOLD HARMLESS &INDEMNITY AGREEMENT
gip Joint School District No. 2
Chall.ny.s
1303 E. Central Drive • Meridian, Idaho 83642 0 (208) 855-4500 • Fax (208) 350.5958
SUPERINTENDENT
Dr. Linda Clark
HOLD HARMLESS AND INDEMNITY AGREENXENT
(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 "Distridt", and the City of 1Keridfan;"hci6 ,#ter,i�ferred`to,as "`Entity"
EC S:
A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho
Code §6-901, et. seg.
H. 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:
1. Indemniflotion 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 INDEMM7Y AGREEMENT— hgo f of 3
2. Entity t0 M 'ntain T—�� As a condition precedent to any use of District
v W a7LG.
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 Iiability insuring agreements to 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) ocxurrencc 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
And/Of9 ounds,'and'at ]asst annually thereafter for so long as Eiaiy ilial] 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. NotiCea. 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 ACRGEM W AM INDEW41TY ACREIEME,NT_ Page 2 of 3
Attn: City Clerk
33 East Idaho Avenue
Meridian, ID 83642
S. 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 covet 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 lawsfof 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. ZA-0;4M y dc. Ale
Its: O Y`
Date Signed: f-7( —a
ATTEST:
By: l iiLsf^LG. C h,
Its:
DISTRICT:
l•..�,``t,,,1 � U 11 !! 111117 ////
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BEAL
' 1 11 11N���`,``
JOINT SCHOOL DISTRICT N0.2
By:f
Its:
Date Signed: __J12 /C —
HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT— Psp 3 03