AKARNG Facility Rental Agreement Form and Regulation

STATE OF ALASKA
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Office of the Adjutant General
Anchorage, AK

ALASKA ARNG REGULATION 1 July 1997
Number 420-12

Facilities Engineering
AKARNG FACILITY RENTAL PROCEDURES

SECTION I - GENERAL

SECTION II - RESPONSIBILITIES

SECTION III - UTILIZATION OF FACILITIES BY THE PUBLIC

Appendix A - Rental Rates
Appendix B1 - Contract for Renting a National Guard Facility, TAG Form 202, 1 July 1997
Appendix B2 - Terms and Conditions for Usage of National Guard Facilities
Appendix C - Authority: Alaska Statute 26.05.230, Paragraph (b)

This regulation supersedes ARNG 420-12, 1 January 1993

AKARNG FACILITY RENTAL PROCEDURES

SECTION I - GENERAL

1. Purpose: This regulation establishes the procedures that will be followed when AKARNG facilities are utilized by other than National Guard personnel for profit and non-profit functions.

2. Applicability: This regulation is applicable to all Alaska Army National Guard facilities.

SECTION II - RESPONSIBILITIES

3. Facility Commanders: Facility Commanders (or their designated representatives) will ensure that when their facility is utilized by other than National guard personnel, the appropriate fees established by this regulation are collected and transmitted to the Facility Management Division. The Facility Commander is the approving authority for all rental agreements (other than no-charge rentals) and is responsible for the safe keeping and cleaning of the facility while it is being rented (see Appendix C). Facility Commanders may request special rates which will be reviewed on a case-by-case basis. The Director of the Facilities Management Division approves no-charge rentals. If approved, rental forms are still required to be completed.

4. Director of Facilities Management Division: The Facilities Management Division will establish fixed rental rates for all armories and adjust rates as needed. When requested by the facility Commander, the director may also establish special rates to cover special circumstances. The director will see that all rental transactions are reviewed and that all revenue is transmitted to the appropriate State or Federal organization for deposit in a timely manner.

5. Division of Administrative Services: The Division of Administrative Services will receive rental funds from the Facilities Management Division and credit the appropriate account consistent with the current State and Federal regulations.

SECTION III - UTILIZATION OF FACILITIES BY THE PUBLIC

6. General: State and Federal armories are primarily training and assembly facilities for the Alaska Army National Guard. The State of Alaska maintains these facilities for the National Guard, and the National Guard use must always have priority over any other organization. However, when the Guard is not utilizing the facility or when joint use of the facility does not impair the mission of the National Guard, other organizations are encouraged to use the buildings for their community activities.

7. Requests for Facility Rental: All requests for the use of a National Guard Armory must be directed to the Facility Commander of the armory. These requests will be prepared on TAG form 202, dated 1 July 1997, as shown in Appendix B1.

A. The original and first copy (yellow) of TAG 202, along with the collected rental fees, will be forwarded to the Facilities Management Division at PO Box 5-549, Fort Richardson, AK 99505-0549, on the first working day after the rental;

B. The second copy (pink) is retained by the Facility Commander;

C. The third copy (gold) is retained by the requesting organization.

8. Restriction of Facility Usage: All usage of the National guard Armories are governed by the restrictions that follow:

A. No organization will be permitted the allocation of permanent space within an armory for any reason or purpose.

B. No organization will be permitted to affix any sign or identifying symbol inside or outside the armory on a permanent basis, unless a long-term lease is negotiated.

C. In addition to the standby person (Section 13), the Facility Commander may required the presence of uniformed law enforcement officers at all times during the armory usage if it would defer the likelihood of vandalism or unruliness. In such cases, it will be the responsibility of the using activity to arrange and pay for the service of the officers.

D. Other restrictions as listed in Appendix B2.

9. Environmental Responsibilities: Personnel renting portions of Army National Guard facilities agree to the following terms:

A. Hazardous substances will not be allowed on armory grounds.

B. Any fuel spills or spills of other flammable/hazardous substance on National Guard property will be reported to the Facility Commander immediately.

10. ADA Requirements: Any entity renting portions of a National Guard facility will comply with all governing rules and regulations of the Americans Disabilities Act of 1990.

11. Types of Public Rental and Rental Rates:

A. Rental rates are listed in Appendix A. All rental fees will be made payable by check or money order to the State of Alaska and will be transmitted to the Facilities Management Division on the first working day after the rental. (See Section 7.A)

B. Profit-Oriented Rental Fees: Any person, organization, or business whose purpose is to make a profit for personal gain will fall into the profit category when considered for armory rental. The Department of Military and veterans Affairs does not promote profit-oriented rentals but will accommodate the organization when other suitable facilities are not available.

C. Nonprofit-Oriented Rental Fees: Any person, business or organization that functions strictly for the benefit of the community and receives no personal gain from their activities, and has been issued an IRS non-profit certificate, will fall into the non-profit category. Any person or organization that does not fall into this category is profit oriented. The Facility Commander will keep on file a copy of the IRS Certificate for non-profit organizations. The facility Commander may also required the renter to show that their certificate of insurance is in effect. A modest rental fee will be charged for non-profit organizations when they utilize the facility. This fee will be used to pay part (approximately half) of the related operations costs incurred during the rental. The National Guard will absorb the other part of the expense as a way of promoting better community relations. This type of community involvement has a positive impact on recruiting and retention.

12. Use of Certified Indoor Ranges: Due to environmental liability and economic considerations, indoor ranges may not be rented.

13. Standby Fees: A National guard member will be required to be present during armory rentals to insure that the using organization complies with the rules and regulations governing the rental. The using activity will be responsible for the member's salary, which will be a negotiable rate of not more than $10 per hour. The check from the using organization will be made payable directly to the individual involved. No National Guard member shall be forced to perform standby duty. The individual on standby duty must understand his/her responsibilities and by briefed by the Facility Commander or his/her designated representative prior to going into standby status. Each facility will have a Standard Operating Procedure (SOP) for the standby person to follow.

14. Cleaning: Each user is responsible for leaving the armory clean. This includes the removal of all trash, cleaning the floors, and all restrooms, kitchens, etc, that the organization used. Should the renter fail to satisfy this requirement, the individual or organization will not be allowed future use. The renter may hire commercial cleaning firms to accomplish the cleanup; the renter is responsible for their payment. The Facility Commander may require a check in an amount sufficient to cover cleaning costs made out to a local janitorial service and held as a cleaning deposit. This check would be returned after satisfactory cleanup. The Facility Commander or his/her designated representative will sign the last line of the rental form to verify the armory was cleaned in a satisfactory manner.

15. Payment of Rental Fees: Rental fees are due at the conclusion of the rental. Cash will not be accepted. Payment will be in the form of a check or money order made payable to the State of Alaska.

16. Rentals Exceeding One Month: A separate rental agreement will be prepared for each month of usage (i.e., all May reservations for one group on one form and all June reservations on a second form) with a separate check for each month. Payment, along with the rental agreement, will be sent to the Facilities Management Division on the first working day following completions of each month's rental agreement.

17. Returned Check Fees: A $25.00 fee will be charged for returned checks. A money order or cashiers check for the entire amount (returned check and fee) will then be made payable to the State of Alaska. Upon receipt of the cashiers check or money order, the Facilities Management Division will return the original NSF/account closed check to the renter.

18. Authorized Facilities: The authorized facilities available for rental are:

All rental checks received will be deposited with the State of Alaska. However, the federal percentage of each, as reflected on the above chart, will be credited to the appropriate federal account on the reimbursement requests submitted by the State. This list will be updated annually.

The use of the Anchorage Armory and the annual training site facilities will be reviewed on a case-by-case basis.

FOR THE COMMANDER-IN-CHIEF:

JAKE LESTENKOF, Major General, AKARNG
The Adjutant General

APPENDIX A

RENTAL RATES

NUMBER ATTENDING PROFIT NON-PROFIT

0-50 $ 75 / hr $ 20 / hr
51 and over $150 / hr $ 42 / hr

Certified checks may be requested from persons or organizations that have been established for less than four years or do not have adequate financial references.

If the armory is used during duty hours with National Guard personnel present, no standby fee will be required.

Standby Fee:
A standby fee, not to exceed $10 / hr, is negotiated between the using organization and the National Guard member performing the standby.