Washington Administrative Code › Title 132E - Everett Community College › Chapter 132E-137 - College facility use agreement › Section 132E-137-010 - Facilities use

Current through Register Vol. 24-14, July 15, 2024
The building and grounds of Everett Community College are
				designed for educational purposes. The college does not wish to compete with
				private enterprise. As a partner in our community, Everett Community College
				allows the citizens of the district community college service area to use college
				facilities, provided that the use is in harmony with public interest and welfare,
				subject to the laws of the state of Washington and rules and regulations
				prescribed by the District 5 board of trustees for the operation of the
				college.
The college reserves the right to reject any application for use
				of college facilities.
The college reserves the right to prohibit the use of college
				facilities by groups or activities, which are secret, of a private nature, or
				which restrict membership or attendance, in a manner inconsistent with the public
				and nondiscriminatory organizations as defined and listed by the Attorney General
				of the United States. Facilities shall not be made available for any use which
				might result in any undue damage or wear.
No use shall be permitted which interferes with the primary
				educational purpose of the college or for which satisfactory sponsorship or
				adequate adult supervision is not provided. Proper police and fire protection
				shall be provided by the organization when required by the college.
Before a college facility may be used, a college facility use
				agreement must be completed and submitted to the conference services office.
				Forms may be obtained from the conference services office. Agreements not
				completed at least fourteen business days prior to the date of intended use may
				be denied.
Use of Facilities for First Amendment
				Activities
The purpose of the time, place and manner regulations set forth
				in this policy is to establish procedures and reasonable controls for the use of
				college facilities for both college and noncollege groups. It is intended to
				balance both the college's responsibility to fulfill its mission as state
				educational institution of Washington along with the interests of college groups
				and noncollege groups who are interested in using the campus for purposes of
				constitutionally protected speech, assembly or expression.
The activity must be conducted such that usual ingress or egress
				to the college, college buildings or facilities, or college activities continues
				unimpeded.
The activity must not create safety hazards or pose safety risks
				to others.
The activity must not substantially infringe on the rights and
				privileges of college students, employees, or invitees to the college.
Users must follow the facility use policy with respect to paying
				for any damages and/or extra staff required for facility cleanup or
				repair.
Facility Damage
The user of the facility shall accept responsibility for any
				damage done to the college's property. In the event of property damage, the user
				shall accept and pay the college's estimate of the amount of damage.
Custodial services will be provided by the college. The college
				reserves the right to charge an additional custodial fee if extra cleaning is
				required.
If the facility is used differently than the original request,
				the college may charge an additional fee.
Supervision
When the use of special facilities or equipment makes it
				necessary that supervision or technical assistance be provided, a
				college-employed supervisor or technician shall be assigned as required by the
				college.
The college reserves the right to require a campus security
				officer to be present at a scheduled event.
When the college requires its employees to attend a scheduled
				event, the user shall be charged the amount covering the employees'
				compensation.
When minors are part of an event at EvCC, adult leaders shall
				actively supervise minors at all times.
Restrictions
No decorations or the application of materials to walls,
				ceilings, or floors shall be permitted which will mar, deface, or injure these
				surfaces. The user is required to arrange for the disposal of decorations,
				materials, equipment, furnishings, or rubbish left after the use of college
				facilities.
Profane or other improper language, or the use of drugs or other
				controlled substances, or any other conduct which is objectionable in the
				judgment of the college shall not be allowed.
Games of chance and lotteries shall not be permitted except as
				prescribed by law and with prior approval of the college.
Standard approved gym shoes shall be required for all indoor
				activity and games such as basketball, volleyball, badminton, etc.
Keys to buildings or facilities may not be issued or loaned on
				any occasion to the user. Doors will be opened and locked by authorized college
				personnel.
College-owned equipment shall not be removed from buildings.
				Users wishing to use college media/IT equipment may be required to attend
				training on the use of that equipment prior to the date of the event.
Nonassignment and Cancellation
Use of the facilities, equipment or premises shall be in full
				compliance with federal and state law, as well as county and city rules or
				ordinances; any use to the contrary shall be grounds for immediate cancellation
				of this agreement.
The college reserves the right to cancel this agreement at any
				time. The college may refund any advance payment made to the college for the use
				of the college facilities and equipment. The user may be required to reimburse
				the college for any preparation expenses.
This use agreement shall be nonassignable. Only the user as named
				in the use agreement shall use the facilities.
Events scheduled more than one academic quarter (three months) in
				advance, may be canceled by the college when college events take priority.
Release of Claims/Holds Harmless
In consideration of the permission granted to user and the fee
				charged by the college for the use of its facilities or equipment, user hereby
				and forever releases the college and its agents, employees or officers from all
				debts, claims, demands, actions and causes of action whatsoever, which user may
				now have or may hereafter have, as a result of the uses of college
				facilities.
The user further agrees to protect, indemnify, and hold harmless
				the district, college and its agents, employees, and officers from any claims,
				demands, actions, damages, or causes of action directly or indirectly arising out
				of the use of the facilities, equipment or premises contemplated by this
				application.
Use Fees
The use fee is determined by the college based on the purpose of
				the activity and the nature of the group using the facility.
If fees are waived, no charge will be made for use of the
				facilities. Discounts and waivers apply to rental fees only. However, charges may
				be made for specific services or equipment, which may include charges for
				excessive use/damages as described above as well as charges for events resulting
				in staff overtime and setup services.
Specialized areas such as laboratories, shops, or other
				specialized facilities require special arrangements. The rates and conditions
				will be based upon careful analysis by the college of the needs, experience, and
				capabilities of the user.
The college's rental fee schedule shows the fee rates for
				category I and category II. The current fee schedule is available on the
				college's web site:
www.everettcc.edu
Nonprofit Activities
Fund-raising Activities
College Related or College Sponsored Groups
Fee Waived*
Fee Waived*
Public, Nonprofit Organizations
Category I
Category I Plus 10%
Private, Profit Organizations
Category II
Category II Plus 30%
*As a consideration for the waiving of rental fees, for all
				college related or college sponsored groups, the college will require an
				opportunity for marketing the college to the group.
Payment
All payments shall be made at least two weeks prior to the event.
				The college may make other arrangements for payment at its discretion.
Payments shall be made, either in person or via phone, to the
				college cashier's office.
Additional charges for damages shall be billed directly to the
				user, and shall be paid within thirty days of the date of the invoice.
Statutory Authority:
				  RCW
				    28B.50.140 and 34.05.356. 01-02-043, §
										132E-137-010, filed 12/28/00,
				  effective 1/28/01. Statutory Authority: RCW 28B.19.020,
				  
											28B.50.140(13) and
				  chapter
				  28B.50 RCW. 87-14-001
				  (Order 87-6-5, Resolution No. 87-6-5), §
										132E-137-010, filed
				  6/18/87.