BUILDINGS AND GROUNDS: NON-SCHOOL USE OF APS FACILITIES OTHER THAN SCHOOLS

 

Note: This directive applies to the APS Resource Center, Montgomery Complex, Main Administration Building, Lincoln Complex and Regional offices. (City Parks and Recreation Department or the Bernalillo County Parks and Recreation Department will be considered under their respective Joint Agreements with APS.)

Priority of Use

Category 1: APS Educational Programs: All units located in each of the respective facilities.

Category 2: APS Educational Programs outside the Facilities: All APS Unites located outside the respective facilities that specifically conduct the APS educational program; such use takes precedence.

Category 3: School Related Non-Profit Groups: This includes parent/teacher groups, school clubs, school activities, public education institution, professional educational organizations, State Department of Education extended care services, and intersession activities delivered by non-profit agencies. (For Agencies to fit into Category 3, they must be designated as a non-profit group with 501 (C) status from the IRS, must be educational in nature, must directly benefit school-age children, and must be sponsored by or otherwise affiliated with the school or school district and fulfill the mission of district).

School related organizations must follow the guidelines in the APS Board Policy K.03: "Public school buildings may be used for class instruction (5 or more students per instructor) before and after school and during intercessions if the instruction enhances the school curriculum and/or provides opportunities that are not available during the regular school day. Instructors must be employed by APS and paid at the hourly rate established in the negotiated agreement. Funding for the program will be provided by donations from school related organizations or from student tuition. Student tuition rates will be determined based on income needed to pay the instructor, supplies, and other administrative costs for the program."

Category 4: Public Interest Non-Profit Groups (not school related) Whose Activities Do Not Directly Serve School-Age Children: This category includes groups such as community action groups, official agencies of the federal, state or local government, and recognizable charitable and civic groups whose primary function is promotion of the health, safety, or welfare of the community in general, excluding the State Department of Education.

Category 5: Recreational, Religious, Political, Arts-Related, and Other Non-Profits: This category refers to those groups formed primarily for the interest of the group itself rather than for the interest of the general public.

Category 6: Commercial (for-profit) Groups: This category includes groups whose purpose is direct or indirect financial gain and whose use of facilities will result in their direct or indirect financial gain.

Category 6a: This sub-category refers to those commercial (non-profit) groups whose request is for occasional use of the school facility.

Category 6b: this sub-category refers to those commercial (for-profit) groups proposing to use the facilities at least twice a week or more for the duration of the school calendar year.

Unauthorized Use

(Permission to use APS facilities will not be authorized in the following instance):

  1. Activities that are for purposes of a personal nature (teaching university classes, for example).
  2. Groups whose use of the facilities, in the judgment of the Superintendent or his/her designee’s, is inappropriate at an APS location.
  3. Non-locally sponsored groups except those listed in Category 4.
  4. Public school buildings may not be used for private teaching for which tuition charge is made and paid directly to the instructor

Right to Deny Use of Facilities

APS reserves the right to deny the use of school facilities to any individual or group.

Abusive/impolite language/behavior or unacceptable dress as determined by building manager.

Initiating a Request for Use of a Facility

  1. The representative of the requesting group should contact the building manager/designee of the desired site regarding proposed usage. The building manager/designee will determine the most appropriate Priority of Use category for the applicant group.
  2. Use of facilities should be requested at least 30 days in advance of the proposed use. Agreements for facility use will not be made during one fiscal school year for the following fiscal school year; however, arrangements for use during July may be made during previous fiscal year.
  3. A Rental Agreement Form should be requested at the appropriate site to be completed, and returned to the site by the applicant. Non profit groups should provide proof of their 501 (c) status at this time.
  4. All groups (profit and non-profit) other than APS should be able to provide proof of liability insurance. groups will provide proof of current site and personal liability insurance in a minimum amount of $1,000,000 (one million dollars) naming APS as an additional insured, covering any employees or representatives of APS who will

    5. be conducting or assisting in or participating in the group’s activities in APS facilities in an official capacity.

  5. Commercial groups must provide a copy of current business license with the City of Albuquerque.

Approval for Use of Facility

  1. The building manager/designee will determine the availability of the requested facility based on previous commitments, priority, and propriety of proposed use.
  2. Final approval and notification is the responsibility of the building manager/designee. such approval will occur within 7 to 10 working days of the approval or denial. the rental agreement is not binding until it has been approved by the Finance Division. In unusual circumstance, the Deputy Superintendent for General Services may be consulted.
  3. The building manager/designee may impose restrictions on proposed facility uses to insure adequate protection of facilities. Such restrictions should be included in writing as part of the Rental Agreement Form.
  4. All groups except APS will agree to the provision that APS is not liable for injury to participant’s property or for property loss that results from their participation in the group’s activities.
  5. All groups except APS will provide written information to their participants indicating that APS is not liable in the above-mentioned situations. (item D above)
  6. In addition to items D and E above, commercial groups will inform participants that APS is not sponsoring the group’s activity in APS facilities.
  7. The building manager/designee may also require approval of all proposed advertising that includes mention of the APS facility in question before recommending that use be approved.
  8. Once the agreement form has been completed and signed by the building manger/designee and the applicant, a copy is given to the applicant and the remaining copies are retained at the site.

Billing and Collecting

  1. The schedule of rental rates is attached and is considered to be a part of this procedural directive.
  2. Rates represent basic use of (a) up to 2 hours, (b) 2-4 hours (c) 4-6 hours. Use exceeding 6 hours will be charged at the 4-6 hour base rate plus 25% of that rate for each 2 hour increment or fraction thereof.

    3. The building manger/designee will collect full payment from groups meeting the fee requirements with the exception of those in Category 6b. check should be attached to the Rental Agreement. Full payment for use by groups in Category 6b shall be made within thirty calendar days of the billing date. groups with past due accounts will not be allowed to rent facilities until all past due accounts are current. Payment for groups in Category 6b is due on the 10th of each month

    for the previous month. Payment should be made by check or money order only, payable to the Board of Education. Payment should be mailed directly to the Finance Division. No cash will be accepted for rental fees.

  3. Additional APS personnel cost may be incurred as a result of facility use. Additional reimbursement for payroll and other direct cost related to facility use is required in priority classifications. Fringe benefits on payroll will be charged to the user when applicable.
  4. Some special services will require additional labor charges such as setting up table/chairs and setting up projectors and other equipment. Charges for those special services will be charge to the user when applicable.
  5. It is inappropriate for user of non-school facilities to pay any school employee directly for services in cash. All rental fees shall be directed to the building manager/designee.
  6. Abnormal wear and tear on the facility used many require an additional charge to the user to restore the facility to its normal condition.
  7. The building manger/designee is responsible for approving all contractual overtime for facility based.

Safeguarding Non-School Property

The user of the facility is responsible for reasonable care of the facility and for proper conduct of member of the group. The user will be billed for any damage resulting from improper or careless use of the facility.

The building manger/designee must ensure that an authorized representative will be present during proposed use to open the facility to safeguard it during use, and to secure the facility at the end of its use.

If site-based personnel are not members of the using group, a custodian will be assigned for purposes of building supervision.

Smoking and alcohol are prohibited by Board of Education Policy in all APS facilities and on all APS property.

 

Cross Ref.: Board Policy K.03

Rental Agreement Form

 

NSBA/NEPN Classification: KFB, KFC

 

Revised: May 1995

Revised: April 1996

Revised: May 1997