Procedure 2505

Use of Facilities

1. Definitions

The term "facility" means College buildings, other structures or land. It includes parking lots.

The term "non-College activities" means any activity other than one in which the College is the sole sponsor or an announced and publicized co-sponsor.

2. Scope

This procedure covers use of College facilities for personal, business or non-College activities by non-College parties or College employees. It excludes activities covered by Procedure 2507 entitled "Solicitation." It also excludes use of facilities by the general public when attending an event, or of facilities open to the public such as libraries.

3. General Standards

• A. Use of College facilities by non-College parties or College employees for personal, business or non-College activities must be consistent with state law, College policies and this procedure. The following principles apply to facilities use:
  
  
• 1. The College is not obligated to permit facilities use for any activity that the President, or designee, determines is contrary to public policy or the safety of persons or property, or is not in the best interest of the community or the College.
  
  
• 2. College employees, or their relatives or associates may not use College facilities for personal or business purposes, or for non-College activities, without complying with the standards and procedures specified in this procedure applicable to non-College parties. That includes compliance with the requirements for insurance coverage and the payment of rent. College-sponsored programs for employees are considered College activities under this procedure. At the discretion of the President, or designee, a College employee may use facilities for an event without complying with the rent or insurance requirements of this regulation where the event meets the following limited conditions:
  
  
• a. The employee actively participates in the event and is responsible for managing it; and
  
  
• b. The event is for a professional organization in which the employee actively participates, and whose objectives directly relate to the employee's work at the College. The President may establish guidelines for the use of College facilities under this professional organization exception, including any reasonable reimbursement of expenses as appropriate.
  
  
• 3. Before using College facilities, non-College parties must submit certificates of insurance to the College covering that use. Arizona law requires that insurance coverage be provided.
  
  
• 4. Non-College parties, including non-profit agencies or other public entities, must pay fair market rent unless the use relates directly to the College's stated mission. Reduced rent, or no charge, is appropriate only as specified in this regulation.
  
  
• 5. The College will not enter into a license or lease agreement, as defined in this regulation, where facilities use is strictly for personal or business purposes, or does not have some relationship to the College's mission of education and training.
  
  
• 6. College classes, programs and activities for students have priority over all other activities, and other College activities have priority over non-College activities.
  
  
• 7. The College has the right to approve any advertising concerning a non-College party's use of College facilities.
  
  
• 8. A non-College party must obtain specific authorization from the President, or designee, to operate any concession activity on College facilities.
  
  
• 9. A non-College party may not alter a College facility without the prior written approval of the President, or designee.
  
  
• B. The Vice President for Administrative Services is responsible for administering this procedure and applicable laws and College policies relating to facilities use. The Vice President is also responsible for annually approving appropriate rent for College facilities under the Rental Rate Guidelines attached to this regulation.
  
  
• C. The Vice President for Administrative Services is responsible for preparing agreements and forms for the use of College facilities. The Vice President is also responsible for ensuring compliance with applicable law and conformance with industry standards relating to insurance coverage.
  
  

4. Written Agreements Required

• A. Any non-College party wishing to use College facilities must sign a College-generated agreement specifying the terms of use. The non-College party must sign and comply with the agreement and the insurance requirements of this procedure regardless of whether College charges rent for the use.
  
  
• B. The College standard form entitled "FACILITIES USE AGREEMENT"must be signed if the College facility will be used one time, or for a limited period of time during a week and during a year. Under the "FACILITIES USE AGREEMENT" form, the user does not have exclusive use of the portion of the facility being rented (that is, the user will occupy the facility when the College is not occupying it).
  
  
• C. A lease must be signed if the College facility will be used for a significant period of time during a year. Under a lease, the user has exclusive use of the portion of the facility being rented. The Governing Board will approve all leases of College facilities.
  
  

5. Insurance Requirements

• A. Before any non-College party may use a College facility it must supply the College with a certificate of insurance evidencing insurance coverage. The Vice President for Administrative Services may determine that the activity for which the facility will be used requires other types of insurance coverage, or that reduced levels of insurance are appropriate. A non-College party must provide a certificate of insurance regardless of whether it pays rent for the use of College facilities.
  
  
• B. The certificate must show insurance coverage from insurance companies licensed to do business in Arizona with a current A.M. Best Rating of A:VIII or better. The certificate must state that the insurance policy has been endorsed to name the College, and its agents, officers, officials, employees, and volunteers as additional insureds, except for worker's compensation and employer's liability insurance.
  
  
• C. Unless the Vice President for Administrative Services changes the insurance coverage and limits required, the minimum coverage and limits required are:
  
  
• 1. Commercial general liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of the rental, license or lease agreement;
  
  
• 2. Automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to outside party's owned, hired, and non-owned vehicles; and
  
  
• 3. Workers' compensation insurance with limits statutorily required by any federal or state law and employer's liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.
  
  

6. Rent Required and Exceptions

• A. Non-College parties or College employees using facilities for personal, business or non-College activities must be charged the rent specified below, unless the use qualifies for reduced rates or free use under paragraph B:
  
  
• 1. For facilities use under a "FACILITY USE AGREEMENT" form, the rent developed according to the rental rate guidelines attached to this procedure; or
  
  
• 2. For facilities use under a lease agreement, a fair market rent, as initially determined by the President, or designee.
  
  
• B. Before fees may be waived or rent reduced below the amount required under this procedure for use of facilities for non-College activities, the Vice President of Administrative Services must determine that the following conditions exist:
  
  
• 1. The activity for which the facility is to be used relates directly to the College's mission of education and training, and the College obtains a specific public benefit from the activity;
  
  
• 2. The activity is not political; and
  
  
• 3. The value or benefit that the College receives from the activity is substantially equivalent to the amount of rent that the College is foregoing.
  
  
• C. The College must document that the conditions specified in paragraph B exist before waiving or reducing rent. If the "FACILITY USE AGREEMENT" form is used, the College must specifically explain on the form, or on a separate document attached to the form, the conditions identified in paragraph B that make a waiver or reduction of rent appropriate.
  
  

[Based on Policy # 1225; Rev 9/7/94, 7/99, 6/07/04]