Buildings and Grounds: Non-School Use of APS Facilities - August 13, 2010 Revision

This procedural directive was reviewed and revised in August 2010. We provide this revision for historic purposes only.

Contents

Note: This procedural directive applies to all Albuquerque Public Schools owned facilities and property except where a Joint Use agreement is in place.

Priority of Use

Authorization of use of Albuquerque Public Schools facilities for non-school purposes shall be prioritized in the following order:

Category 1 – Albuquerque Public Schools Programs

First priority for usage of district facilities shall be granted to on-going curricular/extracurricular school classes, school clubs and activity programs including authorized parent organizations/booster club activities. category 1 shall include camps/clinics coordinated by Albuquerque Public Schools personnel in which all proceeds are deposited into a school activity fund account or an authorized parent organization/booster club account in compliance with district policy and procedural directive

Category 2 – Non-profit Educational or Recreational Groups Serving School-Aged Children and Locally Authorized Charter Schools

Second priority for usage of district facilities shall be granted to a group designated as a non-profit group with 501 (C) 3 status from the United States Internal Revenue Service which is sponsored by or otherwise affiliated with the individual school or the district.  To qualify for category 2, these programs shall be available to participants at no direct or indirect cost.

Locally authorized charter schools shall be included in category 2 for prioritization purposes.

Category 3 – Public Interest Non-Profit Group and State Authorized Charter Schools

Third priority for usage of district facilities shall be granted to  public interest non-profit groups which may not directly serve school age children.  These groups include, but are not limited to:

• community action groups as official agencies of the federal, state or local governments
• recognized charitable/civic groups whose primary function is promotion of the health, safety, education or welfare of the community
• community school groups which are defined as a non-profit group that foster partnerships within the surrounding school community related to improving academics, providing school-community requested out-of-school time services, creating stronger families and/or contributing to healthier, safer communities (e.g., neighborhood association, support group, neighborhood watch group)
• state authorized charter schools

To qualify for category 3, events sponsored by these groups and held in district facilities shall be available to participants at no direct or indirect cost.

Category 4 – Youth Programs/Permit Fees

Fourth priority for usage of district facilities shall be granted to an individual, a for-profit or a non-profit group whose programs serve school aged children but are available to participants at a direct or indirect cost.  Individuals and groups who qualify in category 4 shall pay a permit fee for facilities usage

Category 5 – Recreational, Religious, Political, and other Non-Profit Groups

Fifth priority for usage of district facilities shall be granted to groups whose purpose if for the best interest of the group itself rather than the benefit of the general public.   Recreational, religious and political groups shall be placed in this category, as well as groups formed for appreciation and enjoyment of the arts.  This category also shall include private schools and private school groups.

Category 6 – Commercial for profit groups and Other Groups

Sixth priority for usage of district facilities shall be granted to groups/individuals whose purpose is direct or indirect financial gain  This includes, but is not limited to, athletic camps/clinics in which any portion of the proceeds are deposited into an account not identified as a school activity fund account or an authorized school parent organization /booster club account.

Right to Deny of Use of Albuquerque Public Schools Facilities

Albuquerque Public Schools may not authorize use of district facilities in the following instances:

• When the activity is for purposes of a personal nature
• The event is sponsored by a group except those listed in the categories above
• When the superintendent, appropriate associate superintendent and/or other appropriate member of the leadership team decides the group requesting use of district facilities or the proposed activity is inappropriate
• When the facility will be used for private teaching for which a tuition charge is made by or paid directly to the instructor

Recognizing that the Board of Education encourages public use of district facilities, Albuquerque Public Schools does reserve the right to deny the use of district facilities to any individual or group.  Behavior and/or action deemed unacceptable by the building manager, or his/her supervisor, may result in revocation of the facility usage agreement.

Initiating a Request for Use of an Albuquerque Public Schools Facility

The representative of the requesting group shall contact the principal or site administrator of the desired site regarding the proposed usage at least thirty (30) days in advance.

• Within fifteen (15) days of the initial request, the principal or site administrator shall ensure the completion and receipt of the following documents:
• An AC-11 Rental Agreement Form
• Non-profit group proof of their 501 (C) 3 status
• Commercial group proof of their business license
• The site shall forward all documents to the facility usage specialist within five (5) days of receipt.
• The facilities usage specialist shall obtain:
• Proof of liability insurance from all groups required to carry it in the form of an insurance industry certificate of insurance to protect Albuquerque Public Schools and any employees or representatives of Albuquerque Public Schools who will be conducting or assisting in or participating in the group’s activities in Albuquerque Public Schools facilities in an official capacity.
• The certificate of insurance shall show the building user liability insurance policy limits in an amount of not less than $1 Million.
• Certificates of insurance shall include the name of the insurance company, name and address of the insured, type of policy, policy period, the insurer’s A.M. Best rating, the policy’s coverage trigger (occurrence or claims made), a description of the activity and the date(s) of the activity
• The certificate of insurance shall include an endorsement that names Albuquerque Public Schools as an additional insured to the building user’s insurance policies listed.
• Individual Camper’s Medical Insurance shall be required for all camps when a certificate of liability is not required.  Groups prioritized in Categories 5 and 6 shall required to carry liability insurance, as stated in above
• If a community school group is not required to carry liability insurance, the group shall be covered under the district’s liability insurance policy.

Approval for Use of Albuquerque Public School Facilities

The principal or site administrator only shall determine the availability of the requested facility based on previous commitment, priority, and propriety of proposed use.  It shall not be the responsibility of the principal or site administrator to formally approve or deny use of the facilities.

After receiving the completed AC-11 form from the applicant, the principal or site administrator shall forward the form to the facility usage specialist for final approval.  The signature of the principal or site administrator shall indicate a recommendation for approval of the facilities usage.  However, principals or site administrators may forward a completed AC-11 form without their signature to the facilities usage specialist.  The rental agreement shall not be considered binding until it has been approved by the facilities usage specialist.

Principals or site administrators may contact the facilities usage specialist regarding a request for facilities usage if they feel appropriate due to the nature of the activity or the group requesting the facility.  The facilities usage specialist may confer with the chief operations officer regarding approval of facilities use in situations when the principal or site administrator has contacted the facilities usage specialist with concerns.

Final approval and notification to the principal or site administrator shall the responsibility of the facility usage specialist.  In unusual circumstances, the facilities usage specialist may consult with the chief operations officer.

Upon formal approval, the facilities usage specialist may notify Albuquerque Public Schools Police Department about facilities usage if the activity taking place occurs at a time outside of normal usage hours.

The principal or site administrator may impose restrictions on proposed facility uses to ensure adequate protection of facilities.  Such restrictions shall be included in writing as part of the AC-11 Rental Agreement Form and may include use of protective coverings on gym floors, security provisions, hours of use and others.  The principal or site administrator may also request proof of current CPR certification for instructors if he or she deems it appropriate to the activity.

All groups shall agree to the provision that Albuquerque Public Schools is not liable for injury to participants or to participants’ property or for property loss that results from their participation in the group’s activities.  Failure to comply with this provision shall result in denial of authorization.  All groups shall provide written information to their participants indicating that Albuquerque Public Schools is not liable in these above-mentioned situations.

Commercial groups shall inform participants that Albuquerque Public Schools is not sponsoring the group’s activity in the district facility. The principal or site administrator may also require approval of all proposed advertising that includes mention of the Albuquerque Public Schools facility in question before recommending that use be approved.

Completed AC-11 Rental Agreement Forms for groups in Categories 1 through 6 shall be sent to the facility usage specialist in the appropriate time frame. When the rental agreement form has been approved, the facilities usage specialist shall send a copy to the school/location, applicant, and to Albuquerque Public Schools accounting.  Accounting shall create an invoice and bill the user if necessary.

Deposits

A deposit may be required from all groups in Categories 4-6 at the time the completed AC-11 Rental Agreement Form is submitted to the principal in instances where the total amount of the rental fee exceeds $200.

The deposit for the applicants in Categories 4-6 shall be fifty percent (50%) of the total Rental Agreement Form fee. The fee shall be calculated by the Facility Usage Specialist and billing shall be completed by the Accounting department.

Deposits shall be accepted as checks or money orders only, made payable to Albuquerque Public Schools.  No cash shall be accepted. If the request is denied, the deposit shall be returned directly to the applicant.

Billing and Collecting

The schedule of rental rates attached as a cross reference to this procedural directive shall be a part of this procedural directive. Rates represent basic use of:

• Up to two (2) hours
• Two to four (2-4) hours
• Four to six (4-6) hours
• Use exceeding six (6) hours will be charged at the four to six (4-6) hour base rate plus twenty-five percent (25%) of the rate for each two (2) hour increment or fraction thereof

The Accounting Department shall bill user groups in compliance with the fee requirements. Full payment for use by groups in Category 5 and 6 shall be made within thirty (30) calendar days of the billing date. Groups with past due accounts shall not be allowed to rent district facilities until all past due accounts are current.  Payments shall be made by check or money order only, payable to Albuquerque Public Schools.  Payments shall be mailed directly to the Albuquerque Public Schools Accounting Department.  No cash shall be accepted for rental fees.

Additional Albuquerque Public Schools personnel costs may be incurred as a result of facility use. Additional reimbursement for payroll and other direct costs related to facility use shall be required.  Fringe benefits on payroll shall be charged to the user when applicable.

If special services are required, such as setting up tables and chairs or setting up projectors and other sensitive equipment, there shall be additional charges.  Charges for these special services shall be billed to the user.

Projectors, special stage lighting, and other types of sensitive equipment shall not be used unless operated by qualified district personnel. Cafeteria equipment shall not be used without specific approval of the Director of Food and Nutrition Services and unless it is operated by assigned cafeteria supervisors.

It shall be prohibited for users of district facilities to pay any district employee directly for services or rental fees in cash or by any other means.  Security, custodial and cafeteria personnel wages shall be computed at employees’ overtime rate plus benefits. All rental payments shall be directed to the Accounting Department.

Abnormal wear and tear on the facility used may require an additional charge to the user to restore the facility to its normal condition.

The school principal or site administrator shall be responsible for reporting all contractual overtime for district personnel.

Safeguarding School Property

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

The principal or site administrator shall ensure that an authorized district representative will be present during proposed use to open the facility, safeguard it during use, and to secure the facility at the end of its use.

If school personnel are not members of the using group, a custodian shall be assigned for purposes of building supervision.

Smoking and alcohol is prohibited by the Board of Education policy in all district facilities and on all district property.

Users of facilities shall comply with building access and security call-in requirements specified in the “Building Access by Employees” procedural directive.

All foods sold at special events shall comply with New Mexico Public Education Department Nutrition Standards, as well as, the Albuquerque Public Schools District Wellness Program.

Use of Kitchen Facilities

School kitchens are available for school and community groups to use for special occasions. The following items shall be required by all organizations (school or community) wishing to use a school kitchen:

• Completed and submitted application for Use of School Kitchen – available from Albuquerque Public Schools Food and Nutrition Services
• A temporary Health Permit to be obtained by group sponsoring/holding function from either:
• Bernalillo County Office of Environmental Health
• City of Albuquerque Office of Environmental Health

These forms shall be received by the Food and Nutrition Services Office two (2) weeks prior to the date of the use of the kitchen. Food and Nutrition Services shall coordinate with the facility usage specialist regarding the use of school kitchens.

Requests received less than two (2) weeks before the planned event may be denied due to lack of time to make necessary arrangements. A kitchen manager or Food and Nutrition Services employee shall be on duty the entire time the kitchen is being used. The function of this employee is to ensure that food safety and sanitation regulations are followed and that all equipment is used safely and correctly. These employees shall be hired by the organization and must be paid 1 1/2 times their regular hourly wage.

The kitchen shall be cleaned by the organization to the satisfaction of the Food and Nutrition Services employee on duty.

No one under the age of eighteen (18) may be in the kitchen. No one under the age of eighteen (18) may operate any of the equipment.  Unauthorized and excessive traffic thru the food preparation area is in violation of both safety and sanitation regulations and shall be regulated.

The handling or “mixing up” of school food used for student meals and other foods brought from outside the school shall be strictly prohibited.  This pertains to foods either frozen, refrigerated, or in storage in the school kitchen.  No food or supplies purchased by Food and Nutrition Services shall be used by any organization.

An inspection by the City of Albuquerque Environmental Health Department or the Bernalillo County Health department may occur at any time before or during the event to verify proper food safety and sanitation procedures.  Any citations issued shall be the responsibility of the sponsor of the event. Violations may result in the closure of the event to the public.

There shall not be a phone available in the kitchen.

Kitchens shall not be used by any organization while school meals are being prepared or served.

The organization shall be billed for any damage to the equipment, building, or any missing equipment or small wares.

After the application has been reviewed and approved, a copy shall be sent to the applicant for use in completing any other paperwork the school district may require.

Athletic Fields

Refer scheduling questions for district backstops and fields to the Athletic Department. Albuquerque Public Schools allows City Parks and Recreation, Little League, Adult City Softball, soccer, and YAFL Football to use facilities

The agencies submitted requests and a schedule shall be distributed to principals. It is the responsibility of the various user groups to notify their participants as to time and location.

These agencies shall provide their own liability insurance.

Administrative Position:

• Chief Operations Officer

Department Director:

• Facilities Usage Specialist

References

Legal Cross Ref.:

• §22-5-17 NMSA 1978
• 6.50.17 NMAC

Board Policy Cross Ref.:

• K.03 Community Use of Buildings, Grounds and Equipment

Procedural Directive Cross Ref.:

• Building Access by Employees
• Food and Nutrition Services

Forms:

• Rental Agreement Form AC-11 (contact the facilities usage specialist or APS warehouse to obtain a copy of this form)

NSBA/NEPN Classification: KFB

Revised: May 1995
Revised: April 1996
Revised: May 1997
Revised: June 2006
Revised: May 2007
Revised: March 2009
Reviewed: August 9, 2010
Revised: August 13, 2010
Reviewed: October 5, 2012
Revised: November 16, 2012
Reviewed: December 11, 2013

This page was last updated on: December 9, 2009.