1.5 Use of College Facilities

1.5.1 Definitions
1.5.2 Scope of Coverage of this Regulation
1.5.3 General Standards
1.5.4 Written Agreements Required
1.5.5 Insurance Requirements
1.5.6 Rent Required and Exceptions
1.5.7 Annual Reporting

1.5.1 Definitions

The term "facility" means MCCCD buildings, other structures or land. It includes athletic fields, parking lots, and gymnasiums.
The term "non-MCCCD activities" means any activity other than one in which MCCCD is the sole sponsor, in which MCCCD employees strictly plan and manage it, or is a co-sponsor, as defined below.

The term “co-sponsor” means any activity in which MCCCD is an announced and publicized co-sponsor with another organization or organizations.  To be a co-sponsor under this regulation, MCCCD personnel must actively participate in the planning and managing of the activity, and the co-sponsorship must be approved at the vice president level or above.

1.5.2 Scope of Coverage of this Regulation

This regulation covers use of MCCCD facilities for personal, business or non-MCCCD activities by non-MCCCD parties or MCCCD employees or Governing Board members. It excludes activities covered by the administrative regulation 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.

1.5.3 General Standards

1. Use of MCCCD facilities is the use of a public resource. Therefore, facilities use by non-MCCCD parties or MCCCD employees or Governing Board members for personal, business or non-MCCCD activities must be consistent with state law, Maricopa Governance policies and this administrative regulation. The following principles apply to facilities use:

   1. MCCCD is not obligated to permit facilities use for any activity that the Vice Chancellor of Business Services, College President, or that official's 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 MCCCD.

   2. MCCCD employees, Governing Board members, or their relatives or associates may not use MCCCD facilities for personal or business purposes, or for non-MCCCD activities, without complying with the standards and procedures specified in this administrative regulation applicable to non-MCCCD parties. That includes compliance with the requirements for insurance coverage and the payment of rent. MCCCD-sponsored programs for employees, such as health and fitness programs, are considered MCCCD activities under this regulation. At the discretion of the Vice Chancellor of Business Services, College President or that official's designee, an MCCCD employee or Governing Board member 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:

      1. The employee or Governing Board member actively participates in the event and is responsible for managing it; and

      2. The event is for a professional organization in which the employee or Governing Board member actively participates, and whose objectives directly relate to the employee's work at MCCCD or to the Governing Board member's MCCCD responsibilities.
         
         The Vice Chancellor of Business Services or College President may establish guidelines for the use of MCCCD facilities under this professional organization exception, including any reasonable reimbursement of expenses as appropriate.

   3. Before using MCCCD facilities, non-MCCCD parties must submit certificates of insurance to MCCCD covering that use. Arizona law requires that insurance coverage be provided.

   4. Non-MCCCD parties, including non-profit agencies or other public entities, must pay fair market rent unless the use relates directly to MCCCD's stated mission. Reduced rent, or no charge, is appropriate only as specified in this regulation.

   5. MCCCD 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 MCCCD's mission of education and training.

   6. MCCCD classes, programs and activities for students have priority over all other activities, and other MCCCD activities have priority over non-MCCCD activities.

   7. MCCCD has the right to approve any advertising concerning a non-MCCCD party's use of MCCCD facilities.

   8. A non-MCCCD party must obtain specific authorization from the Vice Chancellor of Business Services, College President or that official's designee to operate any concession activity at MCCCD facilities.

   9. A non-MCCCD party may not alter an MCCCD facility without the prior written approval of the Vice Chancellor of Business Services, a College President, or that official's designee.

2. The Vice Chancellor of Business Services is responsible for administering this regulation and applicable laws and MCCCD policies relating to facilities use. The Vice Chancellor is also responsible for annually approving appropriate rent for MCCCD facilities under the Rental Rate Guidelines attached to this regulation (Appendix FM-6 ).

3. The legal services department is responsible for advising MCCCD on legal issues relating to facilities use, and for preparing agreements and forms for the use of MCCCD facilities. It is also responsible for ensuring compliance with applicable law and conformance with industry standards relating to insurance coverage.

4. Rents charged to a non-MCCCD party for the use of MCCCD facilities will be credited to the account of the MCCCD college or entity where the facilities are located, and be available to them through approved budget procedures.
   

1. Any non-MCCCD party wishing to use MCCCD facilities must sign an MCCCD-generated agreement specifying the terms of that use. The non-MCCCD party must sign and comply with that agreement and the insurance requirements of this regulation regardless of whether MCCCD charges rent for that use.

2. The MCCCD standard form entitled "FACILITIES USE AGREEMENT" must be signed if the MCCCD 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 MCCCD is not occupying it).

3. A license, prepared by the legal services department, must be signed if the MCCCD facility will be used for a significant period of time during a year. Under a license agreement, the user does not have exclusive use of the portion of the facility being rented.

4. A lease, prepared by the legal services department, must be signed if the MCCCD 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 policy entitled "Asset Protection," paragraph 8-d, generally requires Governing Board approval of leases of MCCCD facilities.

5. The Vice Chancellor of Business Services or the Vice Chancellor's designee must sign any agreement for the use of MCCCD facilities. However, the College President or the president's designee may sign the "FACILITY USE AGREEMENT" form unless the non-MCCCD party has requested or made changes to the standard terms and conditions of that form. The legal services department must review any changes to the standard terms and conditions of the form.
   

1. Before any non-MCCCD party may use an MCCCD facility it must supply the MCCCD risk manager, college fiscal officer or that officer's designee with a certificate of insurance evidencing insurance coverage. The MCCCD risk manager 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-MCCCD party must provide a certificate of insurance regardless of whether it pays rent for the use of MCCCD facilities.

2. 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 MCCCD, and its agents, officers, officials, employees, and volunteers as additional insureds, except for worker's compensation and employer's liability insurance.

3. Unless the MCCCD risk manager 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.

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1.5.6 Rent Required and Exceptions

1. Non-MCCCD parties or MCCCD employees or Governing Board members using facilities for personal, business or non-MCCCD 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 regulation; or

   2. For facilities use under a license or lease agreement, a fair market rent, as initially determined by the College President or the president's designee and reviewed by the legal services department and MCCCD director of financial services/controller.

2. Before a college or other MCCCD entity may waive or reduce rent below that required under this regulation for use of facilities for non-MCCCD activities, the Vice Chancellor of Business Services, a College President or that official's designee must determine that the following conditions exist:

   1. The activity for which the facility is to be used relates directly to MCCCD's mission of education and training, and MCCCD obtains a specific public benefit from the activity;

   2. The activity is not political; and

   3. The value or benefit that MCCCD receives from the activity is substantially equivalent to the amount of rent that MCCCD is foregoing.

3. A college or other MCCCD entity 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 or other MCCCD entity 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. If the legal services department prepares the agreement, the college or other MCCCD entity must provide that information to that department.  It is the nature of the activity itself and whether it directly benefits MCCCD that determines whether a waiver or reduction in rent is appropriate.  The fact that MCCCD may gain some financial gain from the activity other than rent, or that the entity using the MCCCD facility is another public entity, including a university, or a non-profit organization, does not qualify the activity for a waiver or reduction in rent.

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1.5.7 Annual Reporting

Four times per year (January, April, July and October), each Chancellor’s Executive Council member shall submit a report to the Vice Chancellor for Business Services that documents all facilities use during the year by non-MCCCD parties, or MCCCD employees or Governing Board members using facilities for personal, business or non-MCCCD activities in accordance with requirements outlined in section 1.5.3.a2. Such report shall include the name of the person or party using the facility, date(s) of use, rent paid or waived.  If rent is waived, an explanation demonstrating compliance with the criteria for waivers shall be provided.  The Vice Chancellor for Business Services shall submit these reports to the Chancellor and Governing Board.

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Amended by the Governing Board on February 27, 2007.
Motion No. 9415

Amended through the Administrative Regulation approval process - January 7, 2002.

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