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Facilities Use Policy

Facilities Use Policy

Authority: 
Business Affairs
Date enacted or revised: 
December 2008
In F/S Handbook: 
no

Effective July 25, 2008

Part I: General

  1. Definitions
    1. Campus Facility - any indoor or outdoor space managed, operated, and maintained by McNeese State University
    2. Presenter - the group or individual who is originating, organizing, producing, or presenting an activity or event
    3. Reserving Office - a member of an Organizational Unit charged with the duty of scheduling a Campus Facility
    4. Organizational Unit - a department or division of McNeese State University (Full- and Part-Time MSU Employees, excludes Student Employees, Work-Study); a use fee is never assessed to an Organizational Unit
    5. Student Group - club, fraternity, sorority, etc. officially recognized by the Office of Student Services and which is bound by the Student Handbook and the Student Organization Handbook
    6. Campus-Affiliated Group - groups that exist for the sole purpose of advancing MSU (including, but not limited to: Cowboy Club, PetroChem Assoc., Alumni Association, etc.
    7. A Campus Quasi Affiliated Entity is defined as a separate organization that directly or indirectly furthers the institution's mission and its academic or athletic goals and is organized, managed, and operated by persons who are employed by the University. Campus Quasi Affiliated Entities must adhere to all policy provisions required of Non-Affiliated Entities, except that Campus Quasi Affiliated Entities will be charged at a rate negotiated by the University and the Quasi Affiliated Entity. Charges for services provided by the University, (i.e. set-ups, clean-up) will be charged at the full rate.
    8. Non-Affiliated Entity - ALL OTHERS
  2. The primary function of a Campus Facility is to provide space in which the University's primary mission can be carried out. At all times, McNeese State University maintains the right to determine what is an appropriate use of a Campus Facility with regard to the activities and events scheduled therein.

  3. Campus Facilities are assigned to Organizational Units by University Administration. Heads of Organizational Units in turn further assign and designate individual spaces to full and part time employees for instructional, faculty, staff, and other support needs.
    1. Control and/or management of a campus facility shall not be automatically assumed because of enrollment, employment, or other relationship with the University.
    2. Enrollment, employment, or other relationship with the University does not automatically qualify an activity or event to be exempt from Use Fee and/or Administrative Fees.
    3. Campus Facilities may not be sublet.
    4. The use of a Campus Facility shall be governed strictly by all applicable laws, building safety and fire codes, policies of the management boards, and policies and procedures enacted by the University and shall be an appropriate use of that space.
  4. All Campus Facilities are subject to the University Tobacco Use Policy.

Part II: Categories of Use

  1. Based on various kinds of activities and events, three broad categories of use of a Campus Facility are defined. These categories provide policies etc. Each category is covered individually in the following articles.

  2. Each Campus Facility may have specific rules and procedures regarding use of space. Any such rules and procedures shall be considered a supplementary part of this policy to the same extent as if incorporated herein in full and shall be strictly followed.

    1. Infringement and/or infraction shall result in disciplinary actions, which may include permanent ban, probation, and litigation seeking restitution for damages to property and/or equipment.

Article 1: Regular/Curricular Activities

  1. Activities include instruction, research, academic support, and other university services (e.g. classes for credit, research projects for credit, performances for credit, faculty meetings involving curriculum and instruction, normal daily work load and scholarly work by faculty, supervision and administration of faculty and staff, daily operational and logistical support, etc). These are mission-critical programs made possible by the collection of tuition and fee assessments at registration, and state and federal funding.

  2. Occupants may not physically alter a space that is assigned to them. Physical alterations are defined as painting, flooring, carpentry, drywall work, lighting, ceiling work, etc. For work of this nature, contact Facilities & Plant Operations. Such alterations are unauthorized alterations and considered damage to property, and when vacating a space or upon separation from the University, the occupant(s) and/or organizational unit will be assessed all direct costs associated with returning the space to its condition before the unauthorized alteration took place.

Article 2: Special Events

  1. As a public institution, McNeese State University realizes the importance of making itself accessible to the surrounding communities; when available, the University will allow a Campus Facility to be used at the discretion of the appropriate Reserving Office, provided that there will be no negative logistical impact on University operations, such as class displacement, parking, etc. All applicable use fees will be assessed to the Presenter. Any refusal of use may be disputed and appealed in writing to the chair of the Campus Facilities Committee for review by the full committee.

  2. Events scheduled in a Campus Facility may be cancelled in the event a natural disaster occurs and damages the Campus Facility making the space unsuitable or if the Campus Facility is required for relief efforts.

  3. To use a Campus Facility for a Special Event, a Presenter must first contact the appropriate Reserving Office and start the request process there. Special Events that have not been approved will be shut down automatically.

  4. The University does not recognize "sponsorship" or "recruitment" as a test to determine eligibility or waiver of use fees and/or administrative fees and other surcharges.

    1. Organizational Units, Student Groups, Campus-Affiliated Groups shall not request use of a Campus Facility in order to "host" or "sponsor" a Non-Affiliated Entity in an attempt to give them free use of space. Law prohibits this. (State of Louisiana Constitution, Article 7, Section 14(A).
  5. Presenters may not physically alter, modify, or misuse a Campus Facility in any way.

  6. Presenters must have a confirmed reservation for a Campus Facility before starting any publicity, or starting any formal relationship with a Non-Affiliated Entity. Presenter is responsible for any costs arising from cancellation.

  7. All groups shall perform basic clean-up following their special event. All items and decorations belonging to the Presenter must be cleared away. All trash and refuse must be cleared away from tabletops and placed in trashcans.

  8. A Use Fee will be assessed to a Presenter based on who receives financial benefit. See the rate schedule below for fee amounts for individual Campus Facilities and the Reserving Offices responsible for scheduling them. Rates are subject to change.

    Use Fee Schedule
    Presenter Use Fee Assessed Use Fee Waived
    Student Group
    must comply with the Student Organization Handbook
    1. Event charges admission; some of the net revenue (proceeds) deposited somewhere other than into a University account
      (Event is not solely a production or presentation of the Student Group because of some formal or informal agreement with a Non-Affiliated Entity (e.g.: production company, promoter, etc.)
    1. Event will be free admission
    2. Event charges admission; all net revenue (proceeds) deposited into a University account
    3. Event is a fund raising effort for charity; all proceeds must be received by a bona-fide charitable organization
    Campus- Affiliated Group
    1. Event does not support any function of the University and will be assessed per Fee Schedule
    1. Event is in support of University programs and will not be assessed
    Quasi Affiliated Entity
    1. If event does not support any function of the University, assessed fee will be charged per Fee Schedule. If event indirectly furthers the institution's mission and its academic and athletic goals, a reduced rate will be assessed based upon specific circumstances.
    1. All event proceeds are deposited with the University or the Foundation to exclusively support the University's mission and its academic or athletic goals
    Non-Affiliated Entity
    1. Event serves non-public interests or purposes.
    2. All others
    1. Event provides a benefit to the University
    2. Local, State, & Federal Governmental Agencies which need to distribute information to the public or aid in times of crisis
    1. The Use Fee simply grants use of a Campus Facility for the duration of the Special Event.
    2. Setups other than the basic configuration shown on the Rate Schedule for Special Events shall be subject to surcharges.
    3. Setups need to be provided at least 10 working days in advance of a Special Event to the Reserving Office. If a Presenter misses that deadline, then last minute setup requests will be treated as extra-ordinary and will be subject to surcharges, or may be denied completely.
  9. Depending on the type of event being held, surcharges for services beyond those covered in the basic Use Fee shall be imposed (On-Duty Certified Security Officers, On-Duty Custodial Staff, extra-ordinary utility tie-ins, extra-ordinary setups, etc). These surcharges are calculated on an hourly basis and/or rental expenses. See Rate Schedule for Special Events.

    1. Residency and commuter camps must be registered with the Ofc. of Student Services and arrangements for overnight accommodations made with Student Services and daily meals with the University's Food Service Provider. These are additional costs borne by the Presenter.
    2. All Events presented by a Non-Affiliated Entity wishing to serve food and/or alcoholic beverages shall contract these services exclusively through the University's food service contractor. The University Alcohol and Drug Use Policy must be adhered to.
  10. Administrative Fees will be assessed if University resources are used/consumed (paper, copying, toner, ink, telephone usage, LINC usage, assigning personnel extra duties in addition to or outside of their normal work, web service, rental arrangements, postage) or for organization and/or coordination details that should have been taken care of by the Presenter (opening for load-ins, load-outs, storage, etc).

  11. All Non-Affiliated and Quasi-Affiliated Entities must provide proof of general liability insurance and worker compensation insurance (if applicable) in coverages and exposures shown in "Insurance Requirements for Lessees" and must also sign an Indemnification Agreement. This documentation must be submitted before a reservation can be confirmed. This insurance is obligatory and may have to be purchased. Cost of insurance is borne by the Non- Affiliated or Quasi-Affiliated Entity.

    1. Non-Affiliated Entities also include service industries (catering, concessionaires, merchandisers, vending, etc) and individuals who provide technical services (sound systems, lighting system, etc) hired by the Presenter. These services may be biddable, as determined by the Office of Purchasing and Property Control. See specific insurance requirements shown in "Insurance Requirements for Contractors". Each vendor hired must provide proof of general liability insurance and worker compensation insurance in coverages and exposures detailed.
  12. Presenter is financially responsible for all damages to the Campus Facility being used for the duration of the Special Event. This includes all preparation time by Presenter (rehearsals, decorating prior to event, setups, etc).

  13. When a Use Fee is assessed, a NON-REFUNDABLE deposit of 25% will be required to confirm a reservation. The balance of use fee and any subsequent surcharges and administrative fees assessed will be due 14 days after receipt of invoice from Administrative Accounting.

  14. Under no circumstances may solicitation for anonymous cash donations be made in any Campus Facility.

Article 3: Short & Long Term Leases

  1. The university may elect to make vacant campus office facilities available for lease to other State agencies or programs.

  2. Short term leases (less than one year) shall be at a rate of $1 per square foot per month. Long term leases (in increments of a full year) are $12 per square foot per annum. The Division of Business Affairs handles all leases.

Insurance Requirements

INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS)

Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee.

  1. MINIMUM SCOPE OF INSURANCE

    Coverage shall be at least as broad as:

    1. Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 (currentform approved for use in Louisiana). "Claims Made" form is unacceptable.

    2. Workers' Compensation insurance as required by the Labor Code of the State of Louisiana and Employers Liability insurance.

  2. MINIMUM LIMITS OF INSURANCE

    Lessee shall maintain limits no less than:

    1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

    2. Workers' Compensation and Employers Liability: Workers' Compensation Limits as required by the Labor Code of the State of Louisiana and Employers Liability coverage. Exception: Employers Liability to be $1,000,000 when work is to be over water.

  3. DEDUCTIBLES AND SELF-INSURED RETENTIONS

    Any deductibles or self-insured retentions must be declared to and approved by the Agency. At the option of the Agency, either 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials and employees, or 2) the Lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

  4. OTHER INSURANCE PROVISIONS

    The policies are to contain, or be endorsed to contain, the following provisions:

    1. General Liability
      1. The Agency, its officers, officials, employees and volunteers are to be covered as "additional insureds" as respects: liability arising out of premises owned, occupied or used by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers.

      2. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers.

      3. Coverage shall state that the Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

    2. Workers' Compensation and Employers Liability Coverage

      The insurer shall agree to waive all rights of subrogation against the Agency, its officers, officials, employees and volunteers for losses arising from the leased premises.

    3. All Coverages

      Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency.

  5. ACCEPTABILITY OF INSURERS

    Insurance is to be placed with insurers with a Best's rating of A-:VI or higher. This rating requirement may be waived for workers' compensation coverage only.

  6. VERIFICATION OF COVERAGE

    Lessee shall furnish the Agency with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the Agency before the lease commences. The Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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