9.4 Project Authorization
The term “real estate” includes:
- Land and anything permanently affixed to or growing upon the land;
- All rights issuing out of, annexed to, and exercisable within or about real property; or,
- Any estate or interest in real property.
The term “facilities” includes buildings of all types, as well as institution grounds and athletic venues. It includes all outdoor areas of a USG institution including streets, entrances, gates, and landscape features such as quadrangles, gardens, lakes, fountains, and fields (BoR Minutes, August, 2007).
The term “Real Estate” will have the same meaning as “Real Property” and includes: (1) Land and anything permanently affixed to or growing upon the land; (2) All rights issuing out of, annexed to, and exercisable within or about land; (3) Any estate or interest in land.
The term “Facility” or “Facilities” includes buildings structures and improvements of all types, outdoor areas, campus grounds and athletic venues.
The term “Property” includes both Real Property and Facilities. The Term “Property Activity” or “Property Activities” includes all activities related to Property such a planning, acquisition, development (including design, construction and renovation), management, operations, use, and disposition.
9.1.2 Portfolio Management and Utilization
The Board of Regents shall hold title to the Property of each institution, so that each institution shall receive the use and benefit of the Property devoted to its use, and in no event shall the Property of one institution be subject to the liabilities or obligations of any other institution, provided, however, that this restriction shall not prevent the Board of Regents from utilizing the Property, educational or otherwise, of one institution for the advancement or assistance of another.
The Board of Regents shall act as good stewards of the Property of whatever nature held in their trust. The University System chief facilities officer shall be responsible for the management of the Property on behalf of the Board of Regents and shall assist the Board of Regents to maximize the long-term utility of the Property to accomplish the educational mission of the University System. The Board of Regents, the Chancellor, or the University System chief facilities officer may require System institutions to provide reports related to Property in formats determined by the Board of Regents, the Chancellor, or the University System chief facilities officer.
9.1.3 Compliance and Risk Management
The Board of Regents recognizes the importance of compliance with all applicable laws and regulations and encourages the employment of knowledgeable professionals for Property Activities. In the absence of specific laws or regulations, industry standards and good management practices shall be followed.
Standards and guidelines shall be established for Property Activities to ensure compliance with all applicable laws and regulations and appropriate avoidance or mitigation of risks.
9.1.4 Board of Regents Procedures and Guidelines
The Board of Regents holds the University System chief facilities officer responsible for the establishment of standards and guidelines for Property Activities. Documentation of standards and guidelines shall be maintained and updated in electronic format and shall be readily available to the public. A complete list of current standards and guidelines will be accessible on the USG web site.
The University System chief facilities officer shall work with the Georgia Department of Law to make available standard forms of agreement, contracts, and other templates of legal documents that might expedite or facilitate Property Activities.
The University System chief facilities officer shall periodically update the Board on the status of standards and guidelines for Property Activities (BoR minutes, April 2011).
9.1.5 Training and Staff Development
[ Reserved ]
9.1.6 Delegation of Authority
For the purposes of this section of this Policy Manual, unless specifically designated otherwise, the Chancellor’s designee shall be the USG chief facilities officer or any other person designated by the Chancellor in writing from time to time.
Where the Board has authorized action or has previously delegated authority, the Chancellor, the Chancellor’s designee, and the USG chief facilities officer shall be authorized and empowered, in the name and on behalf of the Board of Regents of the University System of Georgia, to take or cause to be taken any and all such further action as, in the judgment of such officials, may be necessary, proper, convenient, or required in connection with the execution and delivery of such instruments, documents, or writings in order to carry out the intent of authority granted and authority delegated for all public private venture transactions and all USG real property transactions. Such authorization may not be further delegated to individual USG institutions (BoR Minutes, January, 2008).
9.2.1 System-wide Multi-Year Planning and Funding Model
[ Reserved ]
9.2.2 Campus Master Planning
A master plan for capital development of each institution shall be maintained on a current basis in the office of the Board and at the institution. Development and maintenance of such plans shall involve continuous study by the office of the USG chief facilities officer under the supervision of the Chancellor and the respective institutions. The USG chief facilities officer shall periodically inform the Board of the scope and direction of campus master plans for capital development (BoR Minutes, May 1995).
In accordance with Section 3.3.3, Instruction Offered Externally, of this Policy Manual, USG institutions may offer instruction at locations away from their home campuses. Institutions must follow appropriate procedures for approval to offer such instruction as specified in Section 3.3.3. No institution may propose the use of any off-campus instructional location prior to approval of the academic program(s) to be offered at that location.
Once approval to offer external instruction has been secured, any utilization of off-campus facilities must adhere to the following guidelines:
- Every USG off-campus instructional location will conform to all appropriate standards of due diligence, structural integrity, adequacy of resources, and responsible use as designated by the USG chief facilities officer. Facilities will be appropriate to support the academic purpose of the off-campus location and will reflect quality standards comparable to home campus facilities.
- Any off-campus instructional location that requires or anticipates no capital investment for facilities, either to acquire or to operate, within the next three (3) fiscal years is subject to administrative review and approval by the Chancellor.
- Any off-campus instructional location that requires or anticipates a capital investment for facilities, either to acquire or to operate, within the next three (3) fiscal years must be reviewed and approved by the Board of Regents.
In all cases, the proposal shall be reviewed in accordance with the External Instruction in the University System of Georgia: Policies and Procedures, as adopted by the Board of Regents on February 2, 2005, and as thereafter amended. Institutions must adhere to the guidelines, criteria, and nomenclature contained in that document. The designation of an off-campus instructional location as a campus, center, or consortium requires approval by the Board of Regents through its Committee on Academic Affairs. The University System Office’s review shall be coordinated by the USG chief academic officer in consultation with the USG chief facilities officer, and if the proposal anticipates the creation of a new location or significant expansion of an existing location, it shall be presented to the Board of Regents for approval (BoR Minutes, February 2005).
9.4.1 Authorization by Board of Regents
All new buildings, major renovation, rehabilitation, or other projects, except routine maintenance, involving the campus or buildings of a USG unit using funds from any source shall require authorization by the Board of Regents and shall be implemented in accord with established Board procedures under the direction of the USG chief facilities officer.
The USG chief facilities officer is authorized to act, without prior approval of the Board of Regents, in the authorization of projects on behalf of the Board of Regents, with authority to act for the Board in the authorization of projects that are in accordance with the accepted campus master plan, provided, however, that the authority so delegated shall be for projects that do not exceed the sum of $1,000,000 in initial construction cost.
The USG chief facilities officer may delegate any or all of the above authority, to authorize projects, to individual USG institution presidents based upon an evaluation by the Chancellor or USG chief facilities officer of the ability of an institution to properly administer the delegated authority. Such delegation of authority shall be administered in accordance with Board of Regents policies, procedures and guidelines. Delegated authority may be withdrawn at the discretion of the Chancellor or the USG chief facilities officer (BoR Minutes, August, 2007).
9.4.2 Annual Plan for Capital Implementation
The Board of Regents shall establish on an annual basis the projects to be included in the USG building program upon the recommendation of the Chancellor who shall take into consideration the funds available and the requests of the presidents of the institutions (BoR Minutes, August 2007).
Purchasing regulations will be published and distributed periodically to the various operating units in Section 3.0, Purchasing and Contracts, of the Business Procedures Manual.
9.4.3 Emergency and Other Projects Outside the Annual Plan
[ Reserved ]
9.5.1 Project Delivery
The Board of Regents shall use appropriate construction delivery methods in accord with current industry practices and under procedures and guidelines developed by the USG chief facilities officer (BoR Minutes, August, 2007).
9.5.2 Professional Services
When any USG institution requires professional advice in laying out long-range plans for campus and plant development, the USG chief facilities officer may authorize the employment of a competent professional to gather necessary information and render needed services. The USG chief facilities officer shall inform the Board periodically of the progress of institution planning efforts (BoR Minutes, May 1995).
Facilities-related consultants, including but not limited to architects, engineers, landscape architects, interior designers, program managers, and facilities planners, shall be procured in accordance with Board of Regents procedures (BoR Minutes, September 1997).
9.5.3 Construction Services
[ Reserved ]
Contracting regulations will be published and distributed periodically to the various operating units in Section 3.0, Purchasing and Contracts, of the Business Procedures Manual.
9.5.4 Furniture, Fixtures, and Equipment
In connection with the development of a new facility at a USG institution, the cost of the purchase of essential furniture required to place the facility in operation shall be included in the total project budget of the facility. Such furniture shall be that required in addition to existing furniture that is suitable for moving into the new facility.
The purchase of instructional, administrative, operational, or maintenance equipment for use in a new facility shall be the responsibility of the institution. The Chancellor and his/her staff will cooperate with and assist the institution in securing whatever assistance in the purchase of equipment that may be available through special or restricted funds included in the total funds of the project other than bond funds (BoR Minutes, 1950-51, p. 199; 1950, p. 415; 1951-52, p. 10; 1952-53, pp. 4-5).
9.6.1 Contracting Authority
When qualifications-based selection (QBS) is used, and unless otherwise provided by these policies, construction contracts over $5,000,000 and related professional service contracts entered into by the Board of Regents shall require prior approval by the Board. The USG chief facilities officer is authorized to act, on behalf of the Board of Regents, without prior approval of the Board of Regents, in a bid award of previously authorized construction projects (BoR Minutes, August, 2007).
The Chancellor or the USG chief facilities officer is authorized to act, without prior approval of the Board of Regents, in the qualifications-based selection of professionals and as the contracting officer for and on behalf of the Board of Regents, with authority to act for the Board in the execution of construction contracts/contract change orders, professional service contracts/contract amendments, including but not limited to architectural/engineering contracts for the preparation of plans for new buildings or engineering projects, major remodeling, and other projects in the USG, provided, however, that the authority so delegated shall not exceed the sum of $5,000,000 for any one (1) contractual obligation (BoR Minutes, August, 2007).
The Chancellor or the USG chief facilities officer is authorized to delegate any or all of the above authority, in qualifications-based selections and to act as contracting officer, to individual USG institutions based upon an evaluation by the Chancellor or USG chief facilities officer of the ability of an institution to properly administer the delegated authority. Such delegation of authority shall be administered in accordance with Board policies, and procedures and guidelines. Delegated authority may be withdrawn at the discretion of the Chancellor or the USG chief facilities officer (BoR Minutes, 1991-92, pp. 319-320).
The Chancellor and the USG chief facilities officer shall be authorized and empowered, in the name and on behalf of the Board of Regents of the University System of Georgia, to take or cause to be taken any and all such other and further action as, in the judgment of such officials, may be necessary, proper, convenient or required in connection with the execution and delivery of such instruments, documents, or writings in order to carry out the intent of authority delegated (BoR Minutes, March, 1981).
9.6.2 Required Reporting
The USG chief facilities officer shall inform the Board periodically on the volume, scope, and progress of capital projects. An annual report on Board of Regents facilities design and construction-related contracting, including information on levels of authority delegated to institutions, and qualifications-based selections, shall be provided to the Board at the first Board meeting following the end of the calendar year (BoR Minutes, August, 2007).
A design professional, consultant, or contractor may be debarred from performing any work, in any capacity, for the Board of Regents for a period of time up to five (5) years from the date of determination. This sanction may be imposed by the Chancellor as the final agency decision based on the recommendation by a hearing panel comprised of the USG chief facilities officer or his/her designee and two (2) other members appointed by the USG chief facilities officer.
Cause for debarment will include:
- Commission of a criminal act in obtaining or attempting to obtain a contract or in the performance of a contract;
- Any act indicating a lack of business integrity or business honesty;
- Violation of state or Federal antitrust statutes;
- Deliberate failure without good cause to perform under the terms of a contract with the Board of Regents;
- Unsatisfactory performance under the terms of a contract with the Board of Regents;
- Any violation of the conflict of interest statutes of the State of Georgia; or,
- Any other cause so serious and compelling as to affect the responsibility of the design professional, consultant, or contractor.
(BoR Minutes, October, 2000).
9.7.1 Sustainable Design and Life Cycle Costing
USG buildings and grounds shall be planned and developed to provide long-term life cycle benefits, and each institution’s individual architectural character and landscape shall be maintained in a coordinated and consistent manner.
In order to ensure that this intent is achieved, each institution shall employ design and construction concepts to allow for adaptive reuse, appropriate infrastructure, and flexibility to accommodate evolving technology. State-funded educational buildings shall be designed and constructed to provide quality service for fifty (50) or more years, ultimately serving the citizens of Georgia by achieving long-term life cycle benefits, a positive cost-to-benefit return on the initial investment. (BoR Minutes, September 2002).
9.7.2 Building Design Standards
Each institution shall develop standards that establish basic aesthetic expectations for construction. These standards shall be founded on and complementary to the USG’s preplanning guidelines. Institution standards shall establish the campus’s architectural theme and provide specificity sufficient to guide future construction activities to achieve harmony with the existing facilities while providing modern teaching and learning spaces. These standards shall ensure that the exterior architectural character of each building conveys the institution character in a cohesive, attractive, and timeless manner.
Each institution shall develop an “architectural palette” (list of materials) to guide the selection of exterior materials for construction projects. Enduring and easily maintained materials shall form the basis of these design standards. Although various products may be used as incidental or accent points, typically more traditional and durable materials, such as masonry, shall form the basis of each institution’s selection of materials (BoR Minutes, September 2002).
9.7.3 Modular/Temporary Buildings
The renting, leasing, or purchase of modular or other type temporary buildings and trailers is prohibited. Modular or other temporary buildings and trailers currently being rented or leased for or owned by a USG institution are exempt from this policy (BoR Minutes, 1993-94, p. 153).
9.7.4 Campus Grounds and Landscape Standards
Each institution shall develop standards that establish basic expectations for landscaping and grounds. These standards shall be founded on and complementary to the USG’s preplanning guidelines. Institution standards shall establish the institution’s landscape plan and provide specificity sufficient to guide the planning and development of outdoor common space, including hardscape and signage, to achieve a cohesive and sustainable campus. These standards shall ensure that the campus grounds convey an attractive and inviting institution character. Each institution shall establish material and plant lists to guide the development of public green spaces, and plantings shall be predominantly indigenous, maintainable, and diverse (BoR Minutes, September 2002).
Each institution shall have installed on its campus, and on each existing off-campus facility, if any, an appropriate number of properly designed and constructed exterior signs containing the name of the institution and identification of the institution as a part of the USG. Such signs shall be architecturally proper and structurally sound, and they shall be kept in good repair. Each of these signs shall be made and situated so that it can be readily seen and quickly read from nearby public street(s) and/or public highway(s) (BoR Minutes, May, 1981).
Each institution shall fly the flag of the United States and the flag of Georgia from a building or flag pole on the campus of the institution (BoR Minutes, 1956-57, p. 98).
A plaque of bronze cast metal or other appropriate material will be installed in all major construction projects including new buildings, additions, and renovations, noting the year completed, the Governor and members of the Board at the time of completion and other Regents serving since the project was first approved, the architect, and the contractor.
If deemed appropriate by the president of the institution, major contributor(s) may be recognized by inclusion on the plaque or a separate plaque (BoR Minutes, February, 1995, p. 18).
The Board of Regents considers Public Private Ventures to be essential to implementation of Strategic Capital Planning. Institutions shall conduct Property Activities for Facilities that are supported by revenue based funding through Public Private Ventures. All Public Private Ventures require approval of the Board of Regents. Planning for Public Private Ventures shall be in accordance with Section 9.2, Strategic Capital Planning, of this Policy Manual.
The Board of Regents will work with cooperative organizations to provide facilities that will be self-supporting from revenue generated. If appropriate, the Board of Regents will ground lease real property to a cooperative organization for the purpose of providing facilities for use by an institution. The Board of Regents will rent facilities from cooperative organizations. The cooperative organization will offer the facilities as a gift to the Board of Regents within thirty-five (35) years of occupancy or sooner. The Board of Regents cannot incur debt and will have no legal or moral obligation for any debt incurred by cooperative organizations for these facilities. Refer to Section 17.0, Affiliated Organizations, of the Business Procedures Manual, for more information on cooperative organizations.
The Board of Regents shall assess administrative fees for all Public Private Ventures as approved by the Board of Regents and updated from time to time.
The USG chief facilities officer and the USG chief fiscal officer will establish guidelines for USG institutions and cooperative organizations in the conduct of Public Private Ventures (BoR Minutes, June 2009).
9.8.1 Housing Facilities
Refer to Section 7.11.7 of this Policy Manual for policy concerning student housing comprehensive plans and financial statements.
Property and asset management regulations will be published and distributed periodically to the various operating units in Section 7.0, Capitalization, of the Business Procedures Manual.
9.9.1 Procurement of Professional Expertise
[ Reserved ]
The Chancellor and/or the USG chief facilities officer are authorized and empowered to execute, accept, and deliver for, on behalf of, and in the name of the Board of Regents of the University System of Georgia and under its SEAL, and without prior approval by the Board, any and all contracts, agreements, deeds, licenses, or other instruments related to the purchase or gift of real property (other than property acquired by condemnation) at a purchase price not to exceed the average of three (3) separate appraisals made by independent and licensed real estate appraisers and where the purchase price (or gift value) of the real property does not exceed the sum of $250,000, provided the acquisition is in accordance with the institution master plan on file and shall not be subject to any reversions, restrictions, covenants, or adverse easements (BoR Minutes, August, 2007).
The Chancellor or the USG chief facilities officer is authorized to declare, without further approval of the Board, that unimproved real property is no longer advantageously useful to any USG institution but only for the purpose of conveying title for public road improvements provided that less than one (1) acre of real property is to be conveyed. The Chancellor or the USG chief facilities officer is authorized to request, without further authorization of the Board, that the Governor execute a deed without warranty, quitclaim deed, or other deed of conveyance for unimproved real property for the purpose of conveying title for public road improvements provided that less than one (1) acre of real property is conveyed.
The Chancellor or the USG chief facilities officer is authorized to declare, without further approval of the Board, that a building, structure, or other improvement on the real property of the Board of Regents is no longer advantageously useful to any USG unit, but only for the purpose of authorizing demolition, provided that such building, structure, or other improvement is not a candidate for a national or state historic register, and is either:
- Vacant, and has been vacant, for an extended period of time;
- Not a cost-effective candidate for repair based on a cursory examination;
- Obsolete and no longer necessary to provide support for which it was constructed and no longer needed to support academic programs; or,
- Consistent with the institution physical master plan and a Regents-approved capital improvement project.
The Chancellor or the USG chief facilities officer is authorized to request, without further approval of the Board, that the Governor issue an executive order authorizing the demolition of any building, structure, or other improvement on the real property of the Board of Regents, provided that such building, structure, or other improvement is not a candidate for a national or state historic register and is either:
- Vacant, and has been vacant, for an extended period of time;
- Not a cost-effective candidate for repair based on a cursory examination;
- Obsolete and no longer necessary to provide support for which it was constructed and no longer needed to support academic programs; or,
- Consistent with the institution physical master plan and a Regents-approved capital improvement project.
The Chancellor, the Chancellor’s designee and the USG chief facilities officer is authorized to declare, without further approval of the Board, that real property is no longer advantageously useful to any USG institution but only to the extent and for the purpose of granting a non-exclusive easement and may approve, without further approval of the Board, the execution and delivery of non-exclusive easements or revocable license agreements or permits for utilities and appurtenances to the utilities, above, across, or under Regents’ property to the extent necessary to serve or for the benefit of the buildings and improvements at the various USG institutions, by any entity and/or by private or public utility companies (BoR minutes, March 2011).
9.9.5 Timber Sales
The Georgia Forestry Commission has consented to assist the USG and its institutions in the efficient and timely disposal of timber and timber products growing or produced on USG lands. The Commission will designate and prepare for sale those timber products that should be harvested on USG property. The timber products so designated are hereby declared to be surplus property that can no longer be advantageously used in the USG and the sale of all such timber products is declared to be in the USG’s best interest.
The USG chief facilities officer shall act as the liaison between the Board of Regents and the Georgia Forestry Commission in the management, sale and disposition of timber and its by-products.
The proceeds from such timber sales, after deducting the cost and expenses thereof, shall be paid to the Board for distribution to the institution having jurisdiction of the lands from which the timber was cut. All such sales shall be reported to the Board as information items at the meeting of the Board following the sale thereof.
All timber harvests and sales shall be contingent upon the completion of a Georgia Environmental Policy Act (GEPA) evaluation finding no significant adverse environmental impact.
On those USG lands that are under the management of the School of Forest Resources at the University of Georgia, the foresters of said school will designate and approve all sales of timber products and prepare the same for sale in keeping with sound and efficient forest management practices. All such sales shall be reported to the Board as aforesaid (Georgia Laws, 1974, Section 43-206.1, p. 458; BoR Minutes, 1972-73, pp. 145-47).
9.10.1 Leasing Authority as Landlord
[ Reserved ]
9.10.2 When to Lease as Landlord
It is the intention of the Board of Regents to insure that owned space within the USG is utilized with the greatest efficiency. The Board of Regents will allow institutions to lease space to others when it is appropriate to do so. When leasing to others is appropriate, the Board of Regents wants to ensure that the rental rates are fair and equitable.
9.10.3 Lease of Residential Facilities
The Chancellor is authorized to lease housing to groups external to the USG for a maximum term of one (1) year under the following conditions. Any option periods or extensions beyond one (1) year will require specific approval by the Board. Housing facilities will only be leased to outside parties when it has been determined that there is sufficient excess capacity and when such lease will not impact the ability to house all institutional students desiring housing during the term of the lease. Any lease to outside parties should be contemplated only after a good faith effort has been made to fill housing with USG students.
Any lease of housing must be compatible with the mission of the institution and must not be disruptive to the institution’s students occupying housing. Leases for other than an institution’s own students will only be considered in priority order for cooperative interns, college students, education institutions, or not-for-profit education institutions. Leases to individuals or groups not in these categories will not be considered. The lease rate will be at market rates for comparable housing in the vicinity and in no case will be less than the rate being charged to the institutional students for similar accommodations. Payment for the lease will be made in full prior to the commencement of the term of the lease (BoR Minutes, 1996-97).
The president of each institution may recommend to the Chancellor or the USG chief facilities officer the leasing of residential facilities up to 2,000 square feet owned by the USG for fair market value rent and for a period of time up to two (2) years at such times when such facilities are not in use by the institution. The president shall certify that such proposed lease of residential facilities does not adversely affect or impact the institution. Any revenues generated by such proposed lease of residential facilities will be used only for maintenance of the residential facility. Such leases shall be in writing and shall be consistent with guidelines promulgated from time to time by the Chancellor.
9.10.4 Lease of Research Facilities
The following policies shall govern the leasing of laboratory and research facilities:
- The president of each institution may recommend to the Chancellor the leasing of laboratory and research facilities owned by the USG to private businesses, companies, and corporations for the purpose of small business and economic development during times when such laboratory and research facilities are not in use by the institution as authorized by Georgia laws 1987, pp. 848 and 1020.
- The president shall certify that the proposed lease of such laboratories and/or facilities does not adversely affect or impact on the institutional or research programs at the institution, or conflict with the academic and service mission of the institution.
- Such leases shall be in writing and shall be consistent with guidelines promulgated from time to time by the Chancellor.
(BoR Minutes, 1987-88, p. 139)
9.10.5 Presidents’ Homes
The policy of the Board regarding presidents’ homes shall be as follows:
- Presidents of research universities will be required to live, without charge, in university housing unless an exception is granted by the Chancellor. There shall be no presidential housing at other institutions (BoR Minutes, 1984-85, p. 114; 1985-86, p. 53-54; October 2013).
- The institutions shall be responsible for the repair, upkeep, and routine cleaning of the buildings and grounds of the homes furnished for presidents.
- The institutions shall be responsible for furnishing electricity, gas, water/sewer, disposal, telephone, and internet services.
- No food, food service, or other personal services shall be provided for the presidents and their families (BoR Minutes, 1967-68, pp. 416, 645).
- Any proposed project for improvement of the buildings and grounds of a president’s home, other than routine and necessary maintenance, shall be submitted for review to the Vice Chancellor for Facilities, who will provide a recommendation to the Chancellor and the Board of Regents as part of the regularly scheduled business of the Committee on Real Estate and Facilities. Improvement shall mean any change to the buildings or grounds such that it achieves greater future benefit, rather than maintains the buildings or grounds at its previous level of service. Any subsequent changes in the scope of the project or budget shall be similarly submitted for review and approval (BoR Minutes, 1990-91, p. 385; October 2013).
9.10.6 Use of Institutional Facilities/Property
The policy of the Board regarding the use of institutional facilities/property shall be as follows.
The president of each institution may authorize the use of institution facilities for political speeches. However, such use shall be limited to meetings sponsored by recognized organizations of the institution and shall be held only at places designated by the president. The use of USG materials, supplies, equipment, machinery, or vehicles in political campaigns is forbidden (BoR Minutes, 1976-77, p. 257).
When an outside party requests permission to use an institution facility for an event that is not contrary to the mission of the institution but which holds a potential for harm to the participants as a result of which a liability could be incurred, the president of the institution shall require the completion of a license agreement, including a properly executed indemnification and liability insurance agreement. An approved form of License Agreement may be obtained from the Chancellor’s Office.
USG property owned by an institution shall be used only for institutional purposes. No USG employees shall permit such property to be removed from the campus of an institution for use on either a rental or loan basis for personal use (BoR Minutes, 1949-50, p. 109).
9.11.1 Leasing Authority as Tenant
The Chancellor and/or the USG chief facilities officer are authorized and empowered to execute, accept, and deliver for, on behalf of, and in the name of the Board of Regents of the University System of Georgia and under its SEAL, and without prior approval by the Board, any and all rental agreements, supplemental agreements, and subrental agreements in which the Board of Regents is named as the landlord of the property rented and where the total rent to be paid to the Board does not exceed the sum of $20,000 per month (BoR Minutes, August, 2007).
9.11.2 Leasing as Tenant
It is the intention of the Board of Regents to ensure that currently-owned USG space is utilized with the greatest efficiency. The Board of Regents wants to ensure that institutions lease space only when it is appropriate to do so given the nature of the space needed, location of programs, and the space demands on the campus. When leasing is required, the Board of Regents also wants to ensure that the rental rates are of benefit to the institution as noted below.
As institutions have primary responsibility for space management, it is incumbent on institutions to assure adequate review of each leasing decision. Institutions are to establish review procedures that ensure that all available space on campus is utilized to maximum benefit, and that leased space is sought only when:
- There is no appropriate space available on campus;
- The program requires an off-campus site;
- It is more economical to lease than build additional space;
- No other campus has appropriate space that may be used; or,
- There are other extraordinary circumstances that require leasing.
Property to which title is held by the Building Authority of the State of Georgia and that is leased to the USG cannot be subleased or rented. It is permissible to license an outside party to use it for a purpose consistent with the mission of the institution in return for out-of-pocket costs for utilities and custodial services. Institutions are charged with ensuring that they obtain the best rental rates in the area where leasing is to occur, and they negotiate multiple year renewal options when possible (BoR Minutes, August, 2007).
9.11.3 Reporting of Leases as Tenant
Institutions are to report annually on all leased space to the Office of Facilities, which will exercise oversight on leasing activity. The report should be submitted in conjunction with the submittal of capital budget requests.
9.12.1 Sustainability, Efficiency, and Effectiveness
[ Reserved ]
9.12.2 Maintenance and Upkeep
[ Reserved ]
9.12.3 Major Repairs and Rehabilitation
The Chancellor is authorized to allocate to USG institutions, without prior approval of the Board, capital outlay appropriations - rehabilitation funds (cash or bonds), in amounts not to exceed $500,000 for any one project. The USG chief facilities officer is authorized to allocate to USG institutions, without prior approval of the Board, capital outlay appropriations - rehabilitation funds (cash or bonds), in amounts not to exceed $250,000 for any one project. The actions taken under the authority of this paragraph shall be reported annually to the Committee on Real Estate and Facilities (BoR Minutes, August, 2007).
Refer to Section 18.0, Major Repair and Rehabilitation Funds, of the Business Procedures Manual for more information on major repair and rehabilitation funds.
9.12.4 Environmental and Occupational Safety
The Board of Regents is committed to achieving excellence in providing a safe working and learning environment, and supporting environmentally sound practices in the conduct of institutional activities. Each institution shall, at a minimum, comply with applicable environmental and occupational safety laws and regulations, and shall designate a key member of its administrative leadership team to oversee compliance. In the absence of specific laws or regulations, each institution will follow industry standards and good management practices.
Each institution shall maintain policies and procedures to govern activities to meet the goal of comprehensively integrating occupational safety and environmental considerations, and will periodically review and update such policies and procedures.
The USG chief facilities officer is responsible for developing standards, guidelines, and processes to promote, support, and access the implementation of environmental and occupational safety management programs and initiatives.
The USG chief facilities officer shall require institutions to provide reports related to environmental and occupational safety performance and shall report such data to the Board on an annual basis (BoR Minutes, June 2009).
9.12.5 Emergency Planning and Preparedness
The Board of Regents considers emergency preparedness and planning activities essential for maintaining the safety and security of the campus environment at each institution. Each institution shall develop and maintain an emergency action/response plan to guide the institution in responding to public health, natural, and man-made hazards with the goal of mitigating risks to staff, students, faculty, and property. Each institution will provide an updated copy of their emergency action/response plan at least annually to the USG chief facilities officer or designee.
Each institution shall designate an individual as a representative to coordinate emergency preparedness and planning activities, share information with the University System Office, and to coordinate with the USG’s emergency preparedness and planning activities. The individual’s name, title, and contact information will be provided to the USG chief facilities officer and updated as required.
The USG chief facilities officer shall periodically update the Board on emergency planning and preparedness activities (BoR Minutes, June 2009).
[ Reserved ]
9.8.2 Private Housing
The following policies shall govern off-campus private housing:
- No private housing and/or attendant facilities shall be constructed on USG properties without the expressed written consent of the Board of Regents (BoR Minutes, 1984-85, pp. 119-20).
- The Board of Regents reserves the right to construct housing and other student service facilities in any or all of USG institutions at anytime.
- For sound educational reasons, a president may require students to live on campus with prior notification to the Chancellor and subject to the Chancellor’s review (BoR Minutes, 1984-85, pp. 119-20; Nov. 2012).
- Agreements may be entered into, with the approval of the Regents, between institutions and private housing operators to establish and make clear the terms and conditions upon which students are housed in the off-campus facilities, provided no financial or other restricting obligations, expressed or implied, are made on the part of the institutions or the Regents (BoR Minutes, Nov. 2012).
- All institutions will cooperate with owners of private housing by providing complete information concerning facilities available to all students (BoR Minutes, 1968-69, pp. 182-183).
9.8.3 Capital Liability Capacity and Affordability
Capital liability capacity is limited and directly impacts the affordability of education and services provided to University System of Georgia (USG) students. Therefore, resources used to fund capital liability lease payments must be managed strategically from an overall system perspective and from an institutional perspective. Capacity is an institution’s ability to service capital liabilities through operations and is driven by strength in income, cash flows, and overall financial leverage.
It is the policy of the Board of Regents of the University System of Georgia (USG) to maintain its capacity to enter into capital lease agreements consistent with the underlying objectives of the Public Private Venture (PPV) program. To this end, the Board of Regents designates the capital liability burden ratio as a means to assess and to limit the USG’s and a USG institution’s authority to initiate new PPV projects. This limit is designed to serve as an additional control over the PPV program and adherence to these limits for proposed projects in no way guarantees approval of a PPV project.
The capital liability burden ratio shall consist of the percentage of total revenues in any given fiscal year that are used to pay an institution’s capital lease payments associated with the PPV program. The method for calculating the capital liability burden ratio shall formally be defined by the USG Chief Fiscal Officer. The capital liability burden ratio reflects what percentage of an institution’s income is used to make PPV payments and is a generally accepted method of measuring an institution’s capacity to enter into additional PPV capital lease arrangements. The capital liability burden ratio shall not exceed five (5) percent for the USG taken as a whole. To this end, institutions shall strive to ensure that new PPV projects submitted for approval do not exceed five (5) percent. Institutions may, consistent with approved strategic objectives and sound fiscal management, submit proposed PPV projects that result in a capital liability burden ratio that exceeds five (5) percent but the proposed PPV project should not exceed seven (7) percent. Finally, institutions may, under extraordinary circumstances, submit projects that exceed the seven (7) percent capital liability burden ratio but under no circumstances shall an institution submit a project for approval that exceeds a ten (10) percent capital liability burden ratio.
9.8.4 Capital Liability Reserve Fund
It is the policy of the Board of Regents of the University System of Georgia to protect the fiscal integrity of the University System of Georgia (USG), to maintain the strongest possible creditratings associated with Public Private Venture (PPV) projects, and to ensure that the Board of Regents can effectively support its long-term capital lease obligations. To this end, the Board of Regents shall establish a Capital Liability Reserve Fund (hereafter “Fund).
The Fund shall be funded by all USG institutions participating in the PPV program. The USG Chief Fiscal Officer shall determine from time to time the amount to be deposited by each participating institution into the Fund. The Fund shall serve as a pooled reserve controlled and administered by the Board of Regents. The Fund shall only be used to address significant shortfalls and only insofar as a requesting USG institution is unable to make the required PPV capital lease payment to the designated cooperative organization. The Fund will continue as long as the Board of Regents has rental obligations under the PPV program.
Fund distributions shall be made only with approval of the Chancellor and with prior notification to the Board of Regents. Requests for Fund distributions shall be made by the requesting institution’s president. Fund distributions shall only be used to make the required rental payment and only in those circumstances in which the institution has exhausted its capacity to fund the rental payment using allowable funding sources. Institutional requests shall detail the justification for the distribution, a plan to reimburse the Fund, and a plan to make the project self-liquidating on a going-forward basis. Nothing in this Policy Manual relieves institutions of the expectation to maintain adequate institutional reserves consistent with prudent fiscal management as needed to mitigate the risk of non-payment of PPV capital lease payments.
The University System of Georgia Chief Fiscal Officer shall establish procedures governing the Fund to include the form and manner of payments to the fund, payment schedules, methods of distribution, required payments to the Fund, payment plan, penalties, and redistribution of fund assets associated either with an institution’s cessation of participation in the PPV program or cessation of the PPV program for the University System of Georgia. It is the intent of this Policy to ensure equitable treatment of each institution consistent with their level of PPV capital lease payments, levels of risk, and prudent fiscal management.
9.8.5 PPV Rental Agreements
Capital lease payments associated with the University System of Georgia (USG) Public Private Venture (PPV) program made to cooperative organizations are designed, at a minimum, to support the required cooperative organization bond payment for principal and interest in addition to other costs as determined between the parties to the agreement. The portion of the PPV capital lease payment associated with the principal and interest is established consistent with the original terms of the revenue bond payment schedule required of the cooperative organization. A cooperative organization may, from time to time and at its own discretion, decide to refinance the original bond, revise the bond terms, or otherwise take action to manage risk and reduce costs associated with the bond debt.
It is the policy of the Board of Regents of the University System of Georgia that institutions shall monitor actions taken by cooperative organizations to refinance or otherwise alter the terms of the underlying bond debt. Insofar as the cooperative organization experiences a reduction in principal and interest payments, USG institutions shall ensure that they achieve a corresponding reduction in the associated capital lease payments equal to at least fifty (50) percent of the cooperative organization’s savings. This reduction shall be achieved through renegotiating the rental agreement to which the USG institution and the cooperative organization are parties. USG institutions shall not renew rental agreements that have not been amended to reflect these savings. USG institutions should strive to ensure that the length of the original bond is not extended prior to agreeing to renew the underlying rental agreement; however, circumstances may arise when prudence would dictate otherwise.
USG institutions shall use any savings recognized through the renegotiated rental agreement to benefit students and to strengthen the PPV program at that institution. An institution may benefit students through reducing the current mandatory and/or special fees used to support the particular PPV facility, through eliminating a planned future fee increase, through improving services offered associated with the PPV facility, or through fully funding institutional PPV reserves. This list is not intended to be all-inclusive.
Institutions shall notify the USG Chief Fiscal Officer of the planned use for realized savings. (BoR Minutes Sept. 2014)
It is the policy of the Board of Regents of the University System of Georgia that rental agreements associated with the PPV program between the Board of Regents and a cooperative organization or its affiliated limited liability company contain provisions related to routine assessments of facility conditions, funding, disbursement, and disposition of repair and replacement reserves, to enhance the long-term sustainability of PPV projects through ensuring that such reserves are used for capital repairs and replacements.
PPV rental agreements shall contain requirements that the landlord:
- Fund and establish a repair and replacement reserve for capital repairs and replacements;
- Provide funds from the repair and replacement reserve for a Facilities Condition Assessment Report (FCAR) performed in accordance with USG procedures and guidelines;
- Exhaust any PPV project-based reserves or surplus accounts held by the trustee or the foundation prior to exhausting the repair and replacement reserve; and,
- Utilize any balances remaining in the repair and replacement reserve on necessary capital repairs and replacements prior to the termination of the rental agreement.
It is the intent of the Board of Regents that the cooperative organization, or its affiliated limited liability company, gift any remaining balances in the repair and replacement reserve to the institution upon termination of the rental agreement.
This policy is effective immediately upon approval for new PPV rental agreements and for all PPV renewals to the extent permitted by the existing loan agreements.
The USG Chief Facilities Officer, with the approval of the Chancellor, shall be authorized and empowered, in the name and on behalf of the Board of Regents of the University System of Georgia, to take or cause to be taken any and all such further action as, in the judgment of such official, may be necessary, proper, convenient or required in connection with the execution and delivery of instruments, documents, or writings in order to carry out the intent of this policy for all PPV rental agreements. (BoR Minutes, Sept. 2014)
9.1.7 Tobacco and Smoke-Free Campus Policy
In accordance with the Georgia Smoke Free Air Act of 2005, Title 31 Chapter 12A, this policy reinforces the USG commitment to provide a safe and amicable workplace for all employees. The goal of the policy is to preserve and improve the health, comfort and environment of students, employees and any persons occupying our campuses.
The use of all forms of tobacco products on property owned, leased, rented, in the possession of, or in any way used by the USG or its affiliates is expressly prohibited. “Tobacco Products” is defined as cigarettes, cigars, pipes, all forms of smokeless tobacco, clove cigarettes and any other smoking devices that use tobacco such as hookahs or simulate the use of tobacco such as electronic cigarettes.
Further, this policy prohibits any advertising, sale, or free sampling of tobacco products on USG properties unless specifically stated for research purposes. This prohibition includes but is not limited to all areas indoors and outdoors, buildings and parking lots owned, leased, rented or otherwise used by the USG or its affiliates. The use of tobacco products is prohibited in all vehicles – private or public vehicles - located on USG properties.
This policy applies to all persons who enter the areas described above, including but not limited to students, faculty, staff, contractors and subcontractors, spectators, and visitors. All events hosted by a USG entity shall be tobacco-free. All events hosted by outside groups on behalf of the USG shall also be tobacco-free.
Exceptions for Tobacco Use
The President of each institution will define any exceptions to this policy. Exceptions to the policy will be very limited and on an as needed basis. The intent is the campus is tobacco and smoke free unless otherwise needed for educational purposes and/or the advancement of research on campus.
The overall enforcement and authority of this policy lies with the President of the institution, but it is also a shared community responsibility, which means all students, faculty, and staff share in the responsibility to help keep the campus tobacco-free. Signage to help inform our campus community and visitors will be placed throughout campus.
Violation of Policy
Violation of this policy may result in corrective action under the Student Code of Conduct or campus human resource policies. Visitors refusing to comply may be asked to leave campus.
Resources Available for Tobacco Cessation
From time to time, the Board of Regents will make available resources to assist employees with tobacco cessation as well as educational materials and other wellness information. Such effort does not limit the amount of resources that the institution can provide for tobacco cessation and any other resources for the positive enforcement of this policy that the campus deems appropriate to provide. Resources for Tobacco Cessation can be found on the USG Workplace Wellness website at http://www.usg.edu/wellness/.