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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: ., Try ce QORp,~ED q UC~ST CITY OF MERIDIAN: G~,4 ?~.~ ~~ o~, ~'~, Cii~ Qf Attest: -~ ~ IDIAN~- IDAHO Tammy de eer ,Mayor ...~~~ace H m ity ~ SF~ w ~ by ~r~,~ ~~~ MOA WITH ROCKY MOUNTAIN HIGH SCHOOL FOR USE OF RMHS AUDITORIUM a f r~ a ,~ ~ ~ ~r~u~ PAGE 1 OF 1 EXHIBIT A RENTAL USAGE AGREEMENT RENTAL USAGE AGREEMENT Rocky Mountain High School ~ Between: Rocky Mountain High School 5450 N. Linder Rd. Meridian. Idaho 83640 (Hereinafter called OWNER) And: (Hereinafter called RENTER) Rocky Mountain H. S. facility is hereb rented to and terms: y the RENTER according to the followin schedul 9 e 1. Area(s)IRoom(s) Rented S a~• ~ ~~ 2. Date(s) of Rental: ~ between the hour s of land ~, 3. Check areas/equ~pments/services on ~ P page two and specify total fees to be paid in the space below as per Joint School District No. 2 olic 1 p y 003.20 (Rental Fees). Total De osit -refundable $ S~ .-- Total of All Rental Fees From Pa e Two ~ . 4. S ecial conditi ~3?•So c~~~G ~~ tir-~ ~,.~r p ons of the a reemen ~ ~ P ~ ~Z'/k,~, g t. 7' a. OWNER will provide RELATE ~ F Z3~3 h +``~f c ~` ~~~~o,,~, R with a copy of polic num ers~ 1003. RENTER has read and a rees w' 10 and 1003.20. mow ~~ g ith all of the conditions policies. of Joint School District No. 2 b. No equipment other than that specified in Item without rio 4 will be furnished to the RENTER p r approval of the rental authoratylprincipal. c. If the building being rented is not pro erl cared f p Y or, the rental authorit /buildin Y g principal retains the right to break the contract. d. No food or beverages will be allowed exce tin e. A roved i p designated areas.. pp ndividuals or organizations shall be res onsible f conduct of all attendees. p or the orderly and lawful f. Certain group programs or activities may require the presence of firemen, policemen special equipment and medical personnel. The sche services is the r duling and payment of these esponsib~l~ty of the renter. g. The Distract will in no event retain liabilit for an I the build~n b Y y oss of revenue to Lessee for closure of g y the Fire Marshal, or any situation out of District c of God. The Lessee will be liabl ontrol, including an act e for any fines imposed upon the District, h. No alcoholic beverage will be permitted in sch ool buildings or on school property at an time. Smoking inside the District Service Center y or anywhere on its property will not be permitted at any time, in accordance with District oli i. Payment b the REN p cy and State law. Y TER will be made prior to using the facilit unl arrangements have been made wi Y ess other th the superintendent/rental authorit . Y IN WITNESS WHEREOF THE PARTIES HERETO AND YEAR EXECUTED THIS AGREEMENT, THE DAY AS WRITTEN ABOVE. By OWNER ~o~ ~.~ By RENTER ,,,,~ ( upe en ent/ esignee) ~( -1ut one epresentativ ) -- Date Agreement Signed EXHIBIT B HOLD HARMLESS & INDEMNITY AGREEMENT got ~ j~ G~ ~~i' ~ ~~ ~ ~ nafq errdw't ~~ ~~ ~~ kh~~ a ~ • ~ ~' 1303 F. Central Dive * Meridjan,ldal~o 83b4 • `~ ,~ ~ ~ZUBj 8554500 • Fax C~08y 350.5958 SUP~RINY~Np~NT lit. Linda Clark - -.~ go~,n ~~.ESS Arrn nvnE~~ A~~~~rrr (Far Use of School Diatrlct F~citi4es by a Goverpmen~nI Entity) TES HOLD HARM~-ESS AGREEl~~1'I' ~"Agree~enf is made b . ~ y aad between Joint School D~stnct No. Z, an Idaho scho~al d~strx~ and hod co orate and . . Idaho ham' . s~ . .. , y ~' polttio of the State of der the I~~tnct', avid tbo City c~Nfcrld~;"ho~ina~er~cefenrod~~o'a~ "E ~h~ ~ r n ~, C ~S: A. Entity is $ "governmental entity" as defined in the Jdaho Tort Claims A ld de ~, oho Co §6-901, e~. seq, E. entity is interested in having the opportunity to use various facilities and/or grounds of thG District for public purposes from ti~tne to time as a vtd b the Distric#. Y C. 1n oxchange for the opportunity to use the District's fa~lities and/or ounds o .d ~ entity d~vsires to pr vi a ccrta~n wntten ~~rancccss and u~dc~aa~uficattons to District for cl aad damage arising out of or accuaring during or from such use as hereinafter set forth. New THEI~EFGRE, for good aad valuable conside~ratio~y and in consideratsan of the recitals above which are incorporated herei~a, and the mutual r talons covcaaats undert~in d a ~~ ~ , Ss an greements hcrrine~er containocl„ District and Er~rity agree as follows: ... 1. Inde;~i~tion of .fistrict, Entity shall defend, ind~gify and hold harmless the District, and District's trusts, ofEcers, agGats and empla mss, and the State of Idaho frvtn and ~ y ' ag~unst any and all dcm~nds, sUltS, aeons, Cl81Ins, loss or damage of any land, character ar description, whetba or not meritorious, costs, or cxpen~ses, including without linai#ation, attorneys' and other professional fees and disburscmcnts, in con'wncti.gt~ with an Ivss of life vn i.u' , ~ ~ . Y ~ p~ a1 fury and/or property damage ans~ng ant of or relating to the occupancy or use by Entity of any past of the District's facilities and/or gro~ds occasioned wholly qr in part by any act ar omission of Entity yr its officers, contractors, Iic~;nsees, agents, servants, ernplaye~s, guests, invite~& or visitors, ex t for such claim rGSUltin shael ~o ~ g y na this uegi~geace or otharvvtse wrongful act or or~ssian~ of the District and/or the District's o~'icers, e~nplayees, or servants, socu n~u.~s ~~ar~sFrrr ~uve ~rur~r ~Ge~~~~e 1 oft 2 ~~ ~~~ ' v o, As a conditioA precedent to an use f . facilities and/or grounds, ~n~ ~ its own , Y , , o Distract tY, •~~perise, shall keep and ~anarntaxn m and cffec# a comprehensive cneral ~1 fora S ~abrlrty ursuran~ poky issued b a co licensed to eAgage ~, ~ ~~ce business i Y mpany n the State of Idaho. a. Tbc uisurance policy sb~i contain staadand li i ' ' I • ~ hty ~g agrce~neAts ib the mots set forth m the Idaho Tort Claxpas Act, nanvn the D' ~ . bolder. 'The limits of said g ist~ct as a Cc~ticate pol1cy shall bo not less than eve hu~adrod thousand dollars ~$~Op,000.4A) for bodily or ersonat in' darns p Jet ~'onSful death, or pro~petty ge or lass as the result of any one {t) occurrence ar accid the number of ersons .. ~~ ~~~ of p utJured or the ntun~ber of claimants. b. Nat less than Svc {5~ business days prior to Enti 's first use ~ ' t ~ . . . , .. ty of Drstract s fac~~cs anchor g~w~s;•sad'at least annually th~after for ~ to ~ as ~~...._ ...... such facili ,~, tY shall use any tY ancUox grounds, Entity sl~l furnrsh ~e pct with a cerrtrticatc of insurance evxdencrug the existence of such c~vera e, executed b authorized S Y a duly rc~presenta~eve of each ~. c. The cartificatc of insurance shall pmvide that the co an ar ro am ro . . such v ~ ~ Y p ~' p v:d,~ng ca erage shalt provide the Dxstnct unth thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the ce~ificate oi' insurance. d. In the event that the llp~i~ of the Idaho Tort C)aims Act are naodi~cd the En ' shall deliver a n hty ew ccrt"tficate of insurance to the District indicating compli~unce with the revised limits wiithin ten { I O) business days of the ~ective date thereof. e. Ta the ext~# allowed under rho Ydaho Tort Cla~aas Act and the xdaho Constitution, such insurance coverage shall bo primary for any and ail dan~a of any naiure cause to or ink b th .. ~ ~ y e D~stnct answg out ~ntzty s use of the District's faciUti~ and/or grounds. 3. W., ~v~. The waiver by either party of the parfo~ance of any covaaant, condition or term herein shall trat inv~idate this Agreemept, nor shall drG same ~ considered as a waiver by such party of any breach or o#ber covenant, condition or terrn herein. 4, N, a~c~ca. Any notice wader this Agreentcnt shall bo in wr~it~S and sbau be treeaatcd as dtil dellVeTed if ~le same 1s onall de ' Y pars y livered or deposited ~n the l~ruted States Mai], certi-tied, return receipt requested, postage prepaid, end properly addressed as follows: To District: Joint Scht~al District No, 2 Attn: Superintendent 1303 E, Central I3r. Meridian, Ydaho 83642 Ta Entity; City of Meridian Hot~D aARMLLSS ACR~~I~tt' ANt1 ~~M1~TY AG~M~N~'~-P~ Z via Attn: City Cle~c 33 East Idaho Avenue Meridian, I~ 83642 5. Assi t, entity shad not be entitled to traas . fer or ~ss~gn au or any porr#zon of its ~ntarest in tius Agrce~uuent, G, At orn ees, In the event that suit ar action is insti , enforc tn#ed by e~thor party td tnterpcet ar e ties Agree~nen~ the prevailing Party shah be entzticd to re as at#arne 's fees and all co cover a reasonable earn Y , ur# costs utc~rred on beb~alf of that party, includin such fees and costs nth respect to an '~ $P• 7. GQve~rnina Law. 'x'buis Agreement sh~l be governed b and ca ~ • . . th~a law~'o~f Y ustrued m accordance with 8. ,Au~o~ o~ the Par,,, F,a~ ply to this A event s~ ~ ~~re is and warraatg that the ca~ecutton, dcl~very, and perfartnance of this Agreetn~at has been duI autho recess aeon of ~ Y rizcd by ail • ary • such party aqd ~s a valid and b~dmg obligatron upon the ns ar entity s~~ng this Agreement, ° 9, A~oe t ar~,U~~, No modification, release, disbar a ar Vial , , g , atnendn~cnt pf any Pro on hereof shall be binding unless reduced to vv~ and s~ ed 6 au#h ~8 ga y or~zed representa~ves ofboth pales, ENTY'f Y; City of Meridian •'l ~'t~~' FY' ~ ~ K~• W ~'~l''''~ t~~lt~llll~lf~~~~~ YtS~ ~ ~ r` N ~t,1~1`~ ,`~~r~i Dato Signed: ~~- ~~ 7 ,,``';}~ ~'',, J ~ AT'T'EST: ` ~ ~~~,~ ` M ~ • • ~ ~ lts• ~ ~ ~! ~~~/,f 'rte ' ~ `,t,~~~ DIS ~ r f-i~~t~f~~~ ~~itt~~~~~~ T~~~ Y ~~ ~V~oOM ~~~TR~~ ~~a 2 ~/ 1 By' ,- j ,~ ts, ~ .,,~ ' ~ date Signed; ? C ~-- gOt,D HARMI.~SS AGI~R11~iT AND tNDBMi~IT'Y ACR~MF.Nx'~ P~~f 3 of 3