1.5 Use of College Facilities

1.5.1
Definitions

  1. The term "facility" means MCCCD buildings, other structures or land. It includes athletic fields, parking lots, and gymnasiums.
  2. 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.
  3. The term “co-sponsor” means any non-commercial activity of an educational or community nature 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.
  4. The term “hosting” means a circumstance in which an outside [for-profit] entity asks MCCCD to provide facilities and other resources for an event the entity wishes to sponsor that meets all three of the following criteria:
    1. the fee that the outside entity will charge attendees for the event is significant;
    2. the targeted audience for the event is generally commercial; and
    3. the outside party requests that MCCCD facilities and, if applicable, services (such as marketing or e-mail notices to MCCCD employees about the event) be supplied at no cost to that entity in exchange for waivers of registration fees for a certain number of MCCCD employees to attend the event.
  5. The term "community entity" means a corporation or other legal entity whose business is non-commercial and:
    1. is unrelated to the Maricopa Community Colleges and
    2. is recreational, educational, political, economic, artistic, moral, scientific, social, religious, or for some other civic purpose in the interest of the community.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.2
Scope of Coverage of this Regulation

  1. This regulation covers use of MCCCD facilities for personal, business or non-MCCCD activities, including hosting, by non-MCCCD parties or MCCCD employees or Governing Board members.
  2. 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. Finally, it excludes instances in which MCCCD is a co-sponsor of an event.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

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.
    10. Hosting is prohibited under this regulation.
  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.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.4
Written Agreements Required

  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 2.5.9.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.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

1.5.5
Insurance Requirements

  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.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002

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 1.5.3.1 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. For community entities as defined in Paragraph 1.5.1.5 and governmental entities, a college or other MCCCD entity shall charge a reduced rent that is:
    1. commensurate with community entity rents charged by other public entities in the surrounding area; and
    2. that is not less than one-half of the rent that the college or other MCCCD entity normally charges for the use of its facilities as developed under the criteria established in Appendix FM-6. However, a community or governmental entity must pay the full cost of any equipment or services that it may require along with the use of the college or other MCCCD facility.
  3. Except as provided in Paragraph 1.5.6.2 and 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.
  4. An additional permitted waiver or reduction of rent below that required under this regulation is if the event is managed by a governmental agency with a physical presence in Arizona for their sole benefit and is a limited use, such as a one-time meeting (even if occurring over a few days within a set period of time) or conference. Additionally, the event must pose an extremely low risk to Maricopa and minimal to no additional cost to Maricopa; for example, the event should not include potentially controversial speakers or topics that might require additional security; or additional staff to open and lock buildings; or involve physical activity in which participants might be injured. This waiver or reduction is permitted as an acknowledgement that MCCCD partners with many governmental agencies in the provision of service to the community and the limited use of the facility promotes MCCCD’s overall ability to serve the community together.
  5. A college or other MCCCD entity must document that the conditions specified in sub-paragraph 3 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 1.5.3.1 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.

AMENDED via direct approval by the Chancellor, April 11, 2012
AMENDED through the Administrative Regulation approval process, January 10, 2011
AMENDED by the Governing Board, February 27, 2007, Motion No. 9415
AMENDED through the Administrative Regulation approval process, January 7, 2002