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
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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
QORp,~ED q UC~ST
CITY OF MERIDIAN: G~,4 ?~.~
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Attest: -~ ~ IDIAN~-
IDAHO
Tammy de eer ,Mayor ...~~~ace H m ity ~ SF~ w
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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~
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~ ~' 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
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FY' ~ ~ K~• W ~'~l''''~ t~~lt~llll~lf~~~~~
YtS~ ~ ~ r` N ~t,1~1`~ ,`~~r~i
Dato Signed: ~~- ~~ 7 ,,``';}~ ~'',,
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AT'T'EST: ` ~ ~~~,~
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DIS ~ r f-i~~t~f~~~ ~~itt~~~~~~
T~~~ Y ~~ ~V~oOM ~~~TR~~ ~~a 2
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By' ,- j
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ts, ~ .,,~
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date Signed; ? C ~--
gOt,D HARMI.~SS AGI~R11~iT AND tNDBMi~IT'Y ACR~MF.Nx'~ P~~f 3 of 3