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Use of the College Facilities

Board of Trustees Policy: 5.1

Date: June 2023

Supersedes: June 2021, February 2010, April 2001

Purpose

The policy provides guidance in identifying and prioritizing the appropriate use of College facilities.

Policy

The College will make its facilities available to community groups, organizations, and businesses whenever possible ("User" or "Users"). Non-College facility users will be charged rental fees appropriate to the facilities used, the date and time required; and the type of organization making the request.

Montgomery County Community College campus activities take priority over all other requests for facility use. In addition, consideration to external organizations requesting use of the College’s facility will be based on the alignment with the objectives and mission of the College.

Facilities are available for use to political organizations and candidates for political office subject to Category B pricing, as defined below. The College does not endorse any political party or candidate. 

All organizations are to follow federal, state, and local law and all other College policies with regard to facilities use.

No use of facilities is permitted until the signed License to Use Agreement is executed by the College and a User(s), the requisite Certificate of Insurance is submitted, and the fee is paid in full.

Priority I - College Activities

Space will be made available for College activities in the following order of priorities:

  1. College credit and non-credit classes
  2. Official College events
  3. College-sponsored student programming and athletic events

Priority II - External Organizations

Categories of External Organizations

A Activities of official departments of the County of Montgomery, the Commonwealth of Pennsylvania, and the United States Government.
B Non-profit educational institutions, organizations affiliated with schools and community based organizations, community residents, College alum, and current College employees.
C Profit making organizations.

A Montgomery County address must appear on the Certificate of Insurance to be eligible for "In County" rates except (i) when a local chapter or affiliate of a non-profit is provided insurance coverage under an umbrella insurance policy of a national organization, and (ii) when the applicant is a College alum or current College employee.

Insurance Requirements for External Organizations

All external organizations with the exception of Category "A" are required to submit proof of insurance, at lessee’s expense, as follows:

  • Commercial General Liability. Includes Contractual Liability, Personal Injury/Advertising Injury, Completed Operations/Products Liability coverage as well as sexual abuse and molestation coverage at the minimum limit of $1,000,000 per occurrence and $2,000,000 policy aggregate. If alcohol is being served and User is not in the business of manufacturing, selling, or distributing alcohol, Host Liqour Liability coverage shall be included in the General Liability coverage at the minimum limit of $1,000,000 aggregate limit-per occurrence and $2,000,000 policy aggregate. 
    • NOTE: General Liability limits may be secured through a combination of priary and excess liability placements.
  • Liquor Liability. Required if User is in the business of manufacturing, selling or distributing alcohol at the minimum limit of $1,000,000 per occurrence and $2,000,000 policy aggregate. 
  • Commercial Automobile Liability. Required whenever User or User’s agent drives or anticipates driving on campus or on business related to the performance of Services under the License to Use Agreement at $1,000,000 per occurrence combined single limit for bodily injury and property damage liability. 
    • NOTE: Automobile liability limits may be secured through a combination of primary and excess liability placements.
  • Worker’s Compensation and Employer’s Liability. Required at Statutory Limits, subject to applicable State law. Employers Liability for limits not less than $1,000,000 per person, $1,000,000 per injury.
    • NOTE: Employers liability limits may be secured through a combination of primary and excess liability placements.
  • Umbrella/Excess Liability. Required at $2,000,000 per occurrence, $2,000,000 policy aggregate following form of underlying insurance including general liability, automobile liability, employer’s liability and liquor liability policies.
  • Waiver of Subrogation. User shall and does hereby waive any rights of subrogation that it or any of its insurers may have against Montgomery County Community College, its agents, employees or its insurers for any resulting loss or claim it may have defended and indemnified by said insurance carriers.
  • Additional Insured. Montgomery County Community College shall be named as “Additional Insured” on all liability insurance policies except for Workers’ Compensation.
  • Primary & Non-Contributory. All policies of insurance described above shall be on a primary basis non-contributory with any other insurance coverages and/or self-insurance carried by Montgomery County Community College 

The insurance coverages outlined above are the College’s standard requirements. Insurance Certificates must be provided five days prior to the event. Failure to provide will result in cancellation of event. All insurance coverages must be written with insurance companies authorized to do business in the Commonwealth of Pennsylvania. All insurance certificates are subject to the approval of the College. 

NOTE: If the nature and/or scope of the work performed by the User justifies it, evidence of higher limits of coverage and/or Excess Liability coverage may be required of the User. Proof of insurance shall be evidenced by duly authenticated certificates of insurance delivered to MCCC at the address set forth prior to start of operations on campus.  These certificates shall show the insurance type, amount, class of operations covered, effective dates, and dates of expiration of policies.  Such certificates shall also contain the following statement or its substantial equivalent: “User will endeavor to notify MCCC if the insurance covered by this certificate will be canceled or materially altered.” 

If, for any reason, MCCC considers the certificate unsatisfactory, it may reject the same and demand of the User a duly certified copy of the insurance policy involved. MCCC shall maintain fire insurance for the Premises, but User hereby acknowledges that said insurance shall not provide coverage for the personal property of User, its staff and invitees, and insurance coverage for such property shall be at the sole obligation and cost of User. 

Fees

Facilities Use, Rental Fees and Equipment/Services Fees & Packages are included as Appendices to this policy. All fees must be paid in full five days prior to the event. Failure to provide will result in cancellation of event. 

In the event the College approves a raise in fees, any External Organization that already has a fully executed License to Use Agreement on file will not be charged any difference in the stated fee. 

Waiver of Fees

The approval for waiver of any fees must be granted through the President or the President’s designee. A waiver of fees still necessitates submission of all required documents, as noted above.  

Alcohol Usage & Insurance

Alcoholic beverages shall not be bought, consumed, or sold at the College except as authorized by the President of the College.
(Policy 5.5: Drug and Alcohol Abuse Prevention ) 

Presidential Authorization of the use of alcohol may be requested via the Alcohol Request Form. The Alcohol Request Form should be submitted no less than ten (10) business days before the date of the event. Bring Your Own Beverage (commonly known as “BYOB") events are strictly prohibited. 

Insurance coverage for alcohol use is required, as noted above in Insurance Requirements for External Organizations. Vendors serving alcohol are required to submit a license from the Pennsylvania Liquor Control Board (PLCB). 

Revisions

This policy will be reviewed in accordance with Policy 1.3: Policy Development. All facility use rental fees will be reviewed on an annual basis by the Board of Trustees.