Chapter 7.30
FACILITY USE PERMITS
Sections:
7.30.060 Supervision required.
7.30.080 Defense – Indemnification.
7.30.090 Insurance and indemnification waiver and conformity.
7.30.110 Temporary, revocable use.
7.30.120 Prohibited activities.
7.30.130 Use of appurtenant facilities.
7.30.010 Purpose.
The purpose of this chapter is to authorize and provide a procedure for use of certain District-owned facilities by governmental agencies or affiliates, not-for-profit community interest organizations, employee associations, exclusive employee groups, and exclusive bargaining agents in furtherance of the interests of the District with respect to its water, wastewater, and recycled water enterprise responsibilities to protect public health and the environment. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.020 Definitions.
In the construction of this chapter, the general definitions set forth in DSRSDC 1.20.080, Definitions, shall apply except where such definitions would be inconsistent with the manifest intent of the Board, or the context clearly requires otherwise, or where contrary definitions are set forth in this chapter, or as otherwise stated in DSRSDC 1.20.080, Definitions. The following definitions shall apply to this chapter, unless such definitions would be inconsistent with the manifest intent of the Board of Directors or the context clearly requires otherwise:
“Community interest purpose” means an activity or program for public recreation, education, welfare, cultural, health, safety, or similar purpose which is consistent with DSRSDC 7.30.010, Purpose, and applicable DSRSD policies.
“Employee association” means any association of District employees approved or recognized by the General Manager other than an exclusive bargaining agent or an exclusive employee group.
“Exclusive bargaining agent” means a union or similar organization which has been certified in accordance with appropriate legal requirements to be the exclusive representative of all the employees in a particular bargaining unit or group and afforded recognition by the District as the exclusive bargaining agent for a group of its employees.
“Exclusive employee group” means a bargaining unit or group consisting exclusively of District employees who are not represented by a union or similar organization, and their invited guests, as approved by the General Manager.
“Facility” or “facilities” means the facility or facilities specifically identified in the facilities use permit approved by the General Manager under this chapter, which may include: (1) for governmental agencies or affiliates, exclusive employee groups, employee associations, and exclusive bargaining agents only, use of the Board of Directors meeting room, conference rooms, or any other appropriate indoor space at any of the District facilities or buildings, or any outdoor portion of any property of the District appropriate for an outside program or event; and (2) for not-for-profit community interest organizations, use of the outdoor lawn, patio, and parking lot of the District Main Office for an outside program or event. The General Manager is authorized to develop a list of specific facilities that may, or may not, be made available for use and may update that list from time to time.
“Governmental agency” or “affiliate” means a federal, state or county agency; a special district, including this District; or any department, office or organization identified with any such governmental agency, which carries out or is engaged in a governmental or community interest purpose.
“Governmental purposes” means an activity or program carried out by a governmental agency or affiliate in its official capacity.
“Not-for-profit community interest organization” means a not-for-profit unincorporated association, corporation, partnership or other organization which is organized for and carries out a community interest purpose. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.030 Use authorized.
The General Manager may issue a permit to use a facility to a governmental agency or affiliate, not-for-profit community interest organization, employee association, exclusive employee group, and/or exclusive bargaining agent. When a permit is issued, the use shall be subject to the terms of this chapter, any regulations adopted under this chapter, and the specific terms and conditions of the permit. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.040 Permit required.
Use of the facilities is only authorized pursuant to a permit issued by the General Manager. The General Manager shall provide application forms specifying the information appropriate and necessary for the issuance of a permit. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.050 Scheduling.
The General Manager is authorized to schedule and regulate the time, place and manner of the use of the facilities. The General Manager may issue a permit for a specific date or activity, or for recurring meetings or activities upon the dates or days, and at such times or with the frequency, as the General Manager specifies in the permit. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.060 Supervision required.
Each activity permitted shall be supervised by a responsible person 21 years or older, who shall remain on the premises at all times during the use by the permittee. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.070 Insurance.
A. Requirement. No facility may be used under a permit unless the permittee obtains and maintains during the term or period of use general liability and property damage insurance covering the use and occupancy in minimum amounts established by separate ordinance, resolution, or policy of the Board from time to time.
B. Endorsements. The permittee shall provide the District a copy of each insurance policy, or the declaration page, evidencing the insurance coverage. In addition to the evidence of insurance, the permittee shall file with the General Manager endorsements to each policy:
1. Precluding cancellation or reduction in coverage of insurance before the expiration of 30 days after the District receives written notice by first class mail from the insurance carrier;
2. Naming the Dublin San Ramon Services District, its Board of Directors, committees, officers, employees and agents as additional insureds;
3. Providing that the permittee’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability;
4. Providing that the permittee’s insurance coverage shall be primary insurance with respect to the District, its Board of Directors, committees, officers, employees and agents, and that any insurance or self-insurance maintained by the District shall be excess of the permittee’s insurance, and not contributory with it. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.080 Defense – Indemnification.
Each permittee issued a permit under this chapter shall, by acceptance of the facilities use permit, be obligated to defend, indemnify and hold harmless the District, its Board of Directors, committees, officers, employees, agents and volunteers from and against any and all claims, damages, losses and expenses (including without limitation costs of suit and attorneys’ fees) arising out of the use or occupancy of the facility or facilities under the permit, and caused, or alleged to have been caused, in whole or in part, by any negligent, willful, or intentional tortious act, or omission to act, of the permittee. Each permit shall include these provisions. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.090 Insurance and indemnification waiver and conformity.
A. DSRSDC 7.30.070, Insurance, and DSRSDC 7.30.080, Defense – Indemnification, may be waived by the General Manager for exclusive employee groups and employee associations.
B. If and to the extent the provisions of DSRSDC 7.30.070, Insurance, and DSRSDC 7.30.080, Defense – Indemnification, are inconsistent with existing agreements entered into by the District, the insurance and indemnification requirements for use of the facilities shall be governed by those existing agreements. [Ord. 327, 2010; Ord. 353, 2024.]
7.30.100 Nonassignability.
The permittee shall not assign a permit, or any interest in it, without the prior written consent of the General Manager. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.110 Temporary, revocable use.
The issuance of a permit does not constitute a deed, grant of easement, lease, or conveyance or transfer of any proprietary interest, and each permit is revocable without cause at any time at the will of the District, effective upon written notice by the General Manager of the revocation. The revocation is effective on the date or time specified in the notice, which shall be within 30 days of the notice. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.120 Prohibited activities.
The following activities and conduct within a facility or on District property, in conjunction with a permit, are prohibited:
A. The possession, sale, serving or consumption of alcoholic beverages;
B. Smoking and/or vaping of tobacco or cannabis products;
C. Gambling or betting;
D. The possession, sale, serving or consumption of food, or food items, other than soft drinks, coffee, tea, milk or other nonalcoholic beverages, except as may otherwise be expressly permitted by the General Manager in the permit;
E. The use of a public address system, radio, broadcasting system, amplifier, television or other audio or visual equipment or device, except as is expressly permitted by the General Manager in the permit;
F. The use of District-owned equipment, including, without limitation, telephone, copier/printer, computer, or other business machines and supplies, except as is expressly permitted by the General Manager in the permit; provided, that there is no cost to the District for the use of these facilities; or provided, that the permittee reimburses the District for the cost of the use of this equipment;
G. Permitting an animal, other than a service animal, within or on a facility, or within or on District premises, in conjunction with an activity under a permit; or permitting or allowing, expressly or impliedly, a person associated with an activity conducted under a permit to bring upon, possess or allow an animal within a facility, except as is expressly permitted by the General Manager in the permit or as required by law;
H. An activity which causes, or tends to cause, undue wear or tear on a facility or a furnishing or furniture in or on the facility, including use of open flames, dry ice, paint, etc.;
I. An activity which interferes with District business;
J. An unlawful activity; or
K. Any other prohibited act or activity which the General Manager specifies in the permit, or as otherwise provided by Board regulation. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.130 Use of appurtenant facilities.
The use of a facility under a permit is deemed to include reasonable use of property appurtenant to the facility, including, without limitation, the use of District’s parking lot and restrooms. Use of restrooms is prohibited when the permitted use is limited to the outdoor lawn, patio, and/or parking lot. The General Manager shall specify any limitation on the use of parking facilities in the permit. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.140 Fees.
The Board may establish fees, by resolution, to defray costs incurred by the District for the administration of this chapter and the use of District facilities. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]
7.30.150 Regulations.
The Board may, by ordinance or resolution, establish regulations or other limitations governing the use of facilities, in addition to those specified in this chapter. [Ord. 265, 1995; Ord. 273, 1997; Ord. 302, 2004; Ord. 327, 2010; Ord. 353, 2024.]