DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT Leased Facilities by Sponsored Programs (Grants & Contracts) UPPS No. 08.01.xx May 02 draft 01. POLICY STATEMENTS 01.01 We at SWT are committed to the provision and maintenance of appropriate physical facilities which contribute to a comfortable and conducive learning and work environment. The following procedure contributes to the fulfillment of this policy. 01.02 This UPPS establishes general policy regarding leasing of University and off-campus facilities by sponsored programs. 01.03 Sponsored programs that do not recover the maximum F&A (facilities and administration rate, formerly indirect costs) are expected to provide for facilities rental. 02. DEFINITIONS 02.01 Sponsored Programs – programs funded by either grants or contracts Office space – (as defined by the Coordinating Board) a room housing faculty, staff or students working at one or more desks or tables. Included are faculty offices, administrative offices, clerical offices, graduate assistant offices, teaching assistant offices, student offices, etc. Laboratory – (as defined by the Coordinating Board) a room designed as a laboratory and equipped with “built-in” laboratory benches, specialized scientific equipment, and/or such utilities as gas, water, steam, air, etc., is classified as laboratory. Storage space – a facility or room used to store equipment or materials (e.g., warehouse, self storage unit). See section 04.01. 03. ESTABLISHING NEED FOR OFFICE SPACE 03.01 Priority is given to satisfying instructional space needs before the needs of sponsored programs. 03.02 If space is needed to ensure the success of the sponsored program, the principal investigator (PI) must make arrangements at the departmental/college level for the additional space before the proposal is submitted to the Office of Sponsored Programs. Signature by the Dean on the proposal will serve as written confirmation that space has been identified and will be made available to the sponsored program. 03.03 If on-campus space is not available in the facilities occupied by the departments under the Chair/Dean’s supervision, then the PI should contact the Assistant Vice President for Finance and Support Services Planning to determine if on-campus space is available for lease by the sponsored program. 03.04 If there is no on-campus office space available, the PI should work with the Director of Procurement Services to identify off-campus office space to lease. University employees have no authority to and may not make or imply commitments on behalf of the university related to such space; i.e., they cannot sign contracts to lease space. If the PI enters into a contract for leased space under his or her own signature, it becomes a personal liability and will not be paid by SWT. 03.05 The PI should ensure that direct costs for space leasing are included in the grant/contract budget. 04. ESTABLISHING NEED FOR OFF-CAMPUS LEASED STORAGE SPACE 04.01 If the PI determines that he/she needs additional space for storage and that space is not available on campus, the PI must receive written approval from the funding agency before the university will make an obligation to lease the storage space. The approval may either be secured in the original proposal or received after award of the program. A copy of the written approval must be forwarded to Grants and Contracts Administration. 04.02 Generally, storage space will not be provided on campus for sponsored programs. 05. RESPONSIBILITIES 05.01 The Assistant Vice President for Finance and Support Services Planning (AVPFSSP) will: a) Maintain a list of available on-campus facilities for lease. The list will be provided to the offices of Sponsored Programs, Grants and Contracts Administration and Auxiliary Services. As other properties become available to the university, they will be added to the list dependent upon location and condition of the property. b) Determine, with consensus from the Issues Sub-committee, which program will be given the opportunity to lease on-campus facilities based on availability. c) Notify the Assistant Director of Auxiliary Services when a commitment of on-campus leased space is made to a sponsored program. Information given to the Assistant Director will include the amount of assignable square footage available for lease. d) Coordinate with the Facilities Department any initial remodeling of the space to bring it to campus standards. Remodeling of this type will be at the expense of the university. e) Coordinate with the Facilities Department requests for “cosmetic” changes. Changes of this type will be at the expense of the sponsored program. f) Notify the Associate Vice President for Research of a lease rate increase by February of each year based on a review of current San Marcos lease rates. g) Decide when a sponsored program may be waived from paying rent for on-campus lease space. 05.02 The Special Assistant to the Vice President for Finance and Support Services will: a) Work with the Assistant Vice President for Finance and Support Services Planning to identify other properties near the campus that could serve as potential on-campus lease facilities for sponsored programs and notify the AVPFSSP when new properties become available for lease. b) Work directly with the owners on negotiations for acquisition of the property. 05.02 The Office of Sponsored Programs (OSP) will: a) Encourage the PI to budget for lease payments and renovation costs in proposals for new sponsored programs which do not provide full indirect cost. b) Provide the current lease rate to prospective PI’s for budget preparation. 05.03 The Grants and Contracts Administration office will: a) Confirm and notify the Assistant Director of Auxiliary Services when a sponsored program with funds budgeted for SWT leased space is funded. 05.04 The Assistant Director of Auxiliary Services will: a) Work with the PI to sign a memorandum of understanding (see attachment for example) between the sponsored program and SWT. The memorandum of understanding will include: specified terms and lease rates which provides for the recovery of certain costs (e.g., custodial, grounds, utility, maintenance, etc.) associated with the space. b) Bill the sponsored program and process the transfer for the leased space per the signed memorandum of understanding (not less than quarterly). All monies collected for lease of university space will be deposited to account 4-3779, Rental Facilities. c) Work with the Facilities Department to see that the routine maintenance and/or required repairs are handled as needed and bill account 4-3779, Rental Facilities. 05.05 The Principal Investigator (PI) will: a) Contact the Assistant Vice President for Finance and Support Services Planning to determine the availability of on-campus lease space if no space is available in the facilities occupied by the departments under the Chair/Dean’s supervision. b) Sign a Memorandum of Understanding if on-campus leased space is made available for the program. c) Secure departmental endorsement and dean approval for remodeling or improvements required by the sponsored program at the time of lease negotiation. Remodeling or improvements should be coordinated with Facilities and the cost may be borne by either the sponsored program or the department. Cosmetic changes will not be funded by either the grant or the university. d) Coordinate and pay for moving, contact Telecommunication Services and Computing Services for appropriate telecommunication/computer connections, and contact Mail Services for delivery of mail. e) Inform the Assistant Director of Auxiliary Services when routine maintenance or required repairs are needed. Damages to the property (other than normal wear and tear) are the responsibility of the PI. f) Be personally liable if he/she contracts for space and/or materials/repairs without written approval of the Assistant Director of Auxiliary Services. g) Contact the operator on duty at the Cogeneration Plant when an emergency (e.g., broken water line, etc.) occurs after normal work hours or on the weekends. 06. LEASE RATES 06.01 The lease rate will be equivalent to the current San Marcos rate. The rate may be evaluated annually in February on a per assignable square foot basis by the Assistant Vice President for Finance and Support Services Planning and provided to the Associate Vice President for Research. This rate will provide for custodial care of the facility, grounds upkeep, electricity, air conditioning/heat, water, garbage pickup, and insurance coverage of the facility. 06.02 A Memorandum of Understanding may be written for the term of the original grant at the lease rate established at the time the proposal was written. 07. EXTENSIONS, RENEWALS, AND NEW PROPOSALS 07.01 A PI may request an extension of the Memorandum of Understanding when it becomes apparent that the sponsored program will be renewed. The PI should give the Assistant Director of Auxiliary Services as much written notice as possible, preferably 60 days prior to the termination date of the Memorandum of Understanding. 07.02 When a PI knows that a current sponsored program is about to terminate but he/she is interested in writing a proposal for a new sponsored program which will also require space, the PI needs to follow the process identified in Section 03, Establishing Need for Office Space. The PI should not assume that the space that is currently occupied will be made available for the new program. 08. MAJOR RESPONSIBILITIES ASSOCIATED WITH THIS UPPS 08.01 Major responsibilities for routine assignments associated with this UPPS include: Position Section Date Assistant Vice President for Finance & Support Services Planning Review Feb 1 E5Y Assistant Director of Auxiliary Services Review Feb 1 E5Y Associate Vice President for Research Review Feb 1 E5Y Director of Grants and Contracts Administration Review Feb 1 E5Y 09. CERTIFICATION STATEMENT This UPPS has been approved by the following individuals in their official capacities, and represents SWT policy and procedure from the date of this document until superseded. Ms. Nancy Nusbaum, Assistant Vice President for Finance and Support Services; senior reviewer of this UPPS Ms. Linda Bagwell, Assistant Director of Auxiliary Services; reviewer of this UPPS Dr. Billy C. Covington, Associate Vice President for Research; reviewer of this UPPS Ms. Charlene Blevins, Director of Grants and Contracts Administration; reviewer of this UPPS Mr. William Nance, Vice President for Finance and Support Services Dr. Robert Gratz, Vice President for Academic Affairs Dr. Jerome H. Supple, President Sample Memorandum of Understanding Southwest Texas State University is agreeable to lease the facility located at _________________________ to (principal investigator) for use for the sponsored program entitled ______________________________. The terms of this agreement are _____________________ through ________________________. Further, the terms of this agreement are as follows: 1. The premises may be used for the sponsored program in conducting its educational mission, including use as an annex for educational research activities. 2. The university will provide all utilities, including water, gas, and electricity, as well as custodial service and maintain the premises in good condition, including cutting the grass and watering the yard. The sponsored program will be responsible for telephone/computer expenses during the term of this lease or any extension thereof. 3. The monthly rent is ___________ ($_____ per asf/per month). The assignable square feet occupied in this facility is ___________. The Assistant Director of Auxiliary Services will bill account number _______ on a(n) ____________ (monthly, quarterly, annual) basis. The P.I. must approve the invoice and forward to General Accounting within 10 work days of receipt. 4. The PI will accept the premises in their present condition "as is"; the premises being currently suitable for the sponsored program's intended use. The PI agrees not to alter the premises or erect signs on the premises unless prior written approval has been received from the Assistant Director of Auxiliary Services. Any physical additions or improvements to the premises must be coordinated with the Assistant Director of Auxiliary Services. 5. The PI will be responsible for repairing any damage to the premises caused by the occupant’s negligence or intentional acts. If you agree to these terms, please so indicate by signing one copy of this memorandum of understanding and forward to the Assistant Director of Auxiliary Services. ____________________________________ Principal Investigator, Tenant ____________________ Date ____________________________________ Assistant Director of Auxiliary Services ____________________ Date