Policy Number: 80

Space Lease

Subject:

Lease of space

Scope:

Employees

Date Reviewed: April 2008

Responsible Office: Vice President, Facilities, Planning and Engineering

Responsible Executive: Vice President, Facilities, Planning and Engineering

I.     POLICY AND GENERAL STATEMENT

All space leases must be approved in advance by the Executive Vice President, Chief Operating and Financial Officer (“EVPCOFO”). The lease must be approved and completed prior to occupancy of any space for office, storage or other purposes.

The Texas Department of Licensing and Regulation (“TDLR”) will inspect all space leased within one year of occupancy for compliance with accessibility standards. All space leases that are not processed through the Texas Facilities Commission (“TFC”) must be reported to the TDLR. The TFC will report all leases that are processed through the TFC.

II.     DEFINITIONS

To initiate all lease requests, the requesting department should e-mail the requirements to the Manager of Facilities Planning. The request must include the following:

Facilities Planning will assist in the site selection and negotiate for the site.

After receipt and internal approval of the request, Facilities Planning will forward the request to the EVPCOFO for review and approval. If a "standard" University of Texas System ("UT System") space lease agreement form is used with no modifications to lease new space, UT System Administration review is not required and the authority to execute the contract is delegated to The University of Texas Health Science Center at Houston ("university"). However, if the standard lease is altered, the fully executed lease must be submitted to the Executive Vice Chancellor for Business Affairs using the UT System Certification Letter for review and approval as a standard lease for submission to the Board of Regents for ratification through inclusion in the institutional docket. This same procedure shall be followed for all renewals of standard and non-standard leases.

It is critical to note that leases that deviate from the "standard" space lease form or that contain addenda - even those leases that contain one non-standard sentence, for example - must be reviewed and approved by UT System Administration before execution. The Office of Legal Affairs ("Legal Affairs") will submit a copy of the proposed lease to the Executive Vice Chancellor for Business Affairs by Certification Letter.

All lease requests must be communicated to Facilities Planning well in advance of the date when occupation of the space is planned. This allows Legal Affairs sufficient time to submit the lease to UT System for review, revision (if necessary), and approval. Renewals that modify the form of the original lease and lease amendments should be processed according to these procedures.

Space leased for federal projects and for which payment will be made from federal funds should meet the federal requirements for individuals with physical disabilities in accordance with the Americans with Disabilities Act and Section 504, Rehabilitation Act of 1973.

Regardless of funding source, all spaces leased by the university will be inspected by the TDLR. Facilities Finance will process payments for local-funded as well as state-funded leases that are associated with the university.

Facilities Finance in conjunction with Facilities Planning must provide an annual report of the amount and cost of space acquired under "delegated" leasing authority including, in a separate section of the same report, a listing of the TFC-handled leases. This composite report will document the total amount of space being leased as well as help reconcile the university's records with those kept by the TFC and the Office of the Controller. The annual report shall be presented to the EVPCOFO, who will send the report to the TFC with a copy to the Office of the Controller. A report must be submitted to the TFC even if space is not leased during the reported year.

III.     CONTACTS

ContactTelephoneEmail/Web Address
Vice President, Facilities, Planning and Engineering 713-500-4963 Richard.L.McDermott@uth.tmc.edu