HomeMy WebLinkAboutDoc 242 - Lease to OSU - So Co Svcs BldgDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 16,2013
Please see directions for completing this document on the next page.
DATE: June 4,2014
FROM: James Lewis Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2014-242, a Lease between Deschutes County and
Oregon State University for office space in the South County Services Building.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Oregon State University (OSU) wishes to lease approximately 140 square feet of office space in the
South County Services Building to operate the Supplemental Nutritional Assistance Program Education
(SNAP-Ed) for residents of southern Deschutes County. Under the auspices of the State Department of
Human Services, the Extension Service arm of OSU operates SNAP-Ed to provide education to low
income households to make healthy food choices and lead active lifestyles. The term of the lease is
three (3) months, (commencing June 30, 2014 and ending September 30, 2014), with an option to
renew for one year. The term of the lease coincides with the fiscal year funding of the SNAP-Ed
program.
FISCAL IMPLICATIONS:
Annual rental income is $1,560 ($130/month).
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2014-242.
ATTENDANCE: James Lewis
DISTRIBUTION OF DOCUMENTS:
One original to James Lewis for the Lessee.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: pune 4, 2014j Department: IProperty & Facilitie~
Contractor/Supplier/Consultant Name: lQfegon State Universit~
Contractor Contact: IGlenda Hyde! ....... Contractor Phone #: 1541.548.6088i
Type of Document: Office Space Lease
Goods and/or Services: N/A
Background & History: Oregon State University (OSU) wishes to lease
approximately 140 square feet of office space in the South County Services Building to
operate the Supplemental Nutritional Assistance Program Education (SNAP-Ed) for
residents of southern Deschutes County. Under the auspices of the State Department
of Human Services, the Extension Service arm of OSU operates SNAP-Ed to provide
education to low income households to make healthy food choices and lead active
lifestyles. The term of the lease is three (3) months, (commencing June 30,2014 and
ending September 30, 2014), with an option to renew for one year. The term of the
lease coincides with the fiscal year funding of the SNAP-Ed program.
Agreement Starting Date: pune 30, 2014j Ending Date: ~eptember 30 30,1
~
Annual Value or Total Payment: 1$1,5601
~ Insurance Certificate Received (check box)
Insurance Expiration Date: Oregon State UniverSity is Self-Insured
N/A
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
N/A
Funding Source: {Included in current budget? DYes D No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No
6/5/2014
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: James Lewis Phone #: 385-1414
Department Director Approval: ~-=-__________~~
7 Signature Date
Distribution of Document: One original to James Lewis for the Lessee.
Official Review:
County Signature Required (check one): 0 socc 4 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____
Legal Review myY\/ Date ffl --1-1t(
Document Number 2014-242
6/512 014
REVIEWED
r@= rtV
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the State
of Oregon ("Lessor"), and the State of Oregon acting by and through the State Board of Higher
Education on behalf of OREGON STATE UNIVERSITY ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as
follows:
Approximately one hundred forty (140) square feet of office space in the South County
Services Building located at 51340 Highway 97, La Pine, Oregon 97739, Suite 103 (the
"Premises"), as shown on Exhibit A.
The parties agree that the terms of this Lease are as follows:
1. Term and Renewal. The effective date of this Lease shall be June 30, 2014, and shall
continue until September 30, 2014. This Lease may be terminated by either party upon
sixty (60) days' prior written notice.
If this Lease is not terminated and Lessee is not in default, Lessee shall have the option
to renew this Lease upon the same terms except as specified in Section 9(a) for one
successive term of twelve (12) months (from October 1 tb September 30).
2. Rent. Lessee shall pay to Lessor as rent the sum of One Hundred Thirty Dollars
($130.00) per month for rent, commencing on the date specified in Section 1 above.
Lessee shall pay separate utility charges as specified in Section 9(a) below,
commencing on the date specified in Section 1 above. Lessor will invoice Lessee for
payment of Rent and Utility Charges. Lease payments are due upon the first day of the
month, with invoices mailed on or around the 15th of the preceding month. Payments
shall be mailed or delivered to the office of Deschutes County Property & Facilities
Department, PO Box 6005, Bend, Oregon 97708-6005, or at such other place as may be
designated in writing by Lessor. Any partial months shall be prorated . Notwithstanding
the provisions listed herein, nothing shall alleviate Lessee from the obligation for Rent
during the effective term of the Lease.
3. Use of Premises. Lessee shall use the Premises for office space for the OSU -SNAP
Ed Program offices. Lessee, its principals or agents shall not use the Premises to
operate a business other than that specified in this Lease and shall not use the Premises
address as the business or mailing address for any other business than that specified in
this Lease without obtaining the Lessor's written consent in advance .
4. Possession. Lessor shall provide Lessee with security badge access to the Premises
during the term of the Lease.
5. Parking . Lessee, its employees, and clientele shall have a nonexclusive right to access
and utilize vehicle parking spaces in County parking lots. Lessee's employees shall be
DC 2014-242 Page 1 of7
20 ,-242
required to adhere to the County Parking Policy and Regulations, which County in its
sole discretion may amend from time to time.
6. Restrictions on Use. In connection with the use of the Premises, Lessee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Lessee's own expense any failure of compliance created through Lessee's fault or by
reason of Lessee's use of the Premises. Lessee shall not be required to make any
structural changes to affect such compliance, unless such changes are required
because of Lessee's specific use. .
b) Refrain from any use which would be reasonably offensive to the Lessor, other
tenants, or owners or users of adjoining property or unoccupied portions of the real
property, or which would tend to create a nuisance or damage the reputation of the real
property.
c) Refrain from making any unlawful or offensive use of said property or to suffer or
permit any waste or strip thereof.
d) Exercise diligence in protecting from damage the real property and common area of
Lessor covered by and used In connection with this Lease.
e) Be responsible for removing any liens placed on said property as a result of Lessee's
use of leased premises.
f) Comply with Lessor's policies regarding smoking, fragrances, facilities maintenance,
county meeting rooms use, and violence in the workplace. These pOlicies are attached
to this Agreement as Exhibit B and by this reference are incorporated herein.
7. Lessee's Obligations. The following shall be the responsibility of the Lessee:
a) Lessee shall not be required to make structural repairs that would place the Premises
in a better condition than at the commencement of this lease.
b) Any repairs necessitated by the negligence of Lessee, Its agents, employees or
invitees.
c) Any repairs or alterations required under Lessee's obligation to comply with laws and
regulations as set forth in -Restrictions on Use" above.
8. Lessor's Obligations.
a) Lessor shall perform aU necessary maintenance and repairs to the structure,
foundation, exterior walls, roof, doors and windows, elevators, emergency lighting,
flooring, and Lessor-provided fire extinguishers, sidewalks, and parking area which are
located on or serve the Premises. Lessor shall maintain the premises in a hazard free
condition and shall repair or replace, if necessary and at Lessor's sole expense, the
heating, air conditioning, plumbing, electrical, and lighting systems in the Premises,
obtaining required permits and inspections from Codes enforcement authorities, and
shall keep the Premises, Improvements, grounds and landscaping in good repair and
DC 2014-242 Page 2 of7
appearance replacing dead, damaged or diseased plant materials when necessary.
Lessor shall replace ceiling fixture light bulbs.
b) Should Lessor fail to maintain the Premises in accordance with above requirements.
and after at least fourteen (14) days prior written notification to Lessor, Lessee may
contract for necessary labor equipment and material to bring Premises within those
requirements and may deduct reasonable and necessary costs from future rent
payments.
c) Lessee shall take good care of the interior of the Premises and at the expiration of
the term surrender the Premises in as good condition as at the commencement of this
Lease, excepting only reasonable wear, permitted alterations, and damage by fire or
other casualty.
9. Utilities. Services and Real Property Tax
a) Lessor will cause the utilities and services listed below to be furnished to the
Premises. Charges shall be paid as indicated:
Monthly Charges Paid By:
Utilijy or Service Lessor/Lessee
Water X
Sewer X
Electricity X
Gas X
Trash Removal X
Janitorial Service x
X
Window Washing X
Snow and Ice Removal X
Building Security (If applicable) X
Janitorial Supplies (including recycling charges
Utilitv Charges: Lessee shall reimburse Lessor for utility charges at the rate of $125.00
per month, in addition to monthly rent as specified in Section 2. Though utility charges
may exceed $125.00 per month, no further reimbursement shall be required from
Lessee.
b) Telephone Cable and Wire: Lessor shall be responsible for providing and maintaining
aU telephone cable and wire to the telephone/computer roornlcloset in the Premises,
including bringing sufficient number of lines to the telephone closet(s) on the floor or in
the area where the Premises are located for Lessee's use. Installation of any new
station wire and maintenance of all station wire shall be Lessee's responsibility, except
when such installation work Is included in the Lessor's build-out work as may be agreed
to by the parties under this Lease. Station wire means that wire or cable which runs
between the station jack(s) and the telephone closet(s), and those which run between
and among station jacks.
c) Lessee is assumed to be tax exempt as to real property tax liability on leased real
property as provided In OBS 307.112 and 307.166. Such status requires Lessee to file
for such exemption each year. Lessor agrees to cooperate and aid Lessee in all
reasonable respects with such application for exemption.
DC 2014-242 Page 30f7
10. Liens.
a) Except with respect to activities for which the Lessor is responsible, the Lessee shall
pay as due all claims for work done on and for services rendered or material furnished to
the leased real property and shall keep the real property free from any liens. If Lessee
fails to pay any such claims or to discharge any lien, Lessor may do so and collect the
cost from Lessee. Any amount so expended shall bear interest at the rate of nine
percent (9%) per annum from the date expended by Lessor and shall be payable on
demand. Such action by Lessor shall not constitute a waiver of any right or remedy
which Lessor may have on account of Lessee's default.
b) Lessee may withhold payment of any claim in connection with a good faith dispute
over the obligation to pay. so long as Lessor's property interests are not jeopardized. If
a lien Is filed as a result of nonpayment, Lessee shall, within thirty (30) days after
knowledge of the filing. secure the discharge of the lien or deposit with Lessor cash or a
sufficient corporate surety bond or other surety satisfactory to Lessor in an amount
sufficient to discharge the lien plus any costs, attorney fees and other charges that could
accrue as a result of a foreclosure or sale under a lien.
11. Insurance.
a) Lessee is self-insured under ORS 351.096 with adequate levels of excess general
liability insurance subject to the Oregon Tort Claims Act (ORS 30.260 -30.300). A
certificate of insurance will be provided upon' request. Lessee does not waive the right
to subrogation. Lessor shall provide for Its own liability coverage and real property
damage coverage for the building structure and the building systems, subject to the
same limitations as provided under the law.
b) Indemnification: Lessor and Lessee shall each be responsible for the negligent and
wrongful acts of their employees and agents. Lessor's liability exposure is limited by the
Oregon State Constitution, Article XI, and Oregon Revised Statutes 30.260 through
30.300, the Oregon Tort Claims Act. Lessee's liability exposure is subject to the
limitations of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon
Constitution, Article XI, Section 7.
12. Casualty Damage. If the Premises or improvements thereon are damaged or destroyed
by fire or other casualty to such a degree that the Premises are unusable for the purpose
leased, and if repairs cannot reasonably be made within ninety (90) days, Lessee may
elect to cancel this Lease. Lessor shall In all cases promptly repair the damage or
ascertain whether repairs can be made within ninety (90) days. and shall promptly notify
Lessee of the time required to complete the necessary repairs or reconstruction. If
Lessor's estimate for repair is greater than ninety (90) days, then Lessee. upon receiving
said estimate will have twenty (20) days after such notice in which to cancel this Lease.
Following damage, and including any period of repair, Lessee's rental obligatIon shall be
reduced to the extent the Premises cannot reasonably be used by Lessee.
13. Surrender of Leased Premises. Upon abandonment, termination, revocation or
cancellation of this Lease or the surrender of occupancy of any portion of or structure on
the leased premises. the Lessee shall surrender the real property or portion thereof to
Lessor in the same condition as the real property was on the date of possession, fair
DC 2014-242 Page 4 of7
14
wear and tear excepted, except, that nothing in this lease shall be construed as to
relieve Lessee of Lessee's affirmative obligation to surrender said premises in a
condition which complies with all local, state or federal environmental laws, regulations
and orders applicable at the time of surrender that was caused by Lessee or occurred
during the term of this lease. Upon Lessor's written approval, Lessee may leave site
improvements authorized by any land use or building permit. Lessee's obligation to
observe and perform this covenant shall survive the expiration or the termination of the
Lease.
Nonwaiver. Waiver by either party of strict performance of any provision of this Lease
shall not be a waiver of or prejudice of the party's right to require strict performance of
the same provision in the future or of any other provision.
15. Defaun. Neither party shall be in default under this Lease until written notice of its
unperformed obligation has been given and that obligation remains unperformed after
notice for fifteen (15) days in the case of the payment or for thirty (30) days In the case
of other obligations. If the obligation cannot be performed within the thirty-day period,
there shall be no default if the responsible party commences a good faith effort to
perform the obligation within such period and continues diligently to complete
performance. In case of default the non-defaultlng party may terminate this Lease with
thirty (30) days' notice in writing to the defaulting party, shall be entitled to recover
damages or any other remedy provided by applicable law, or may elect to perform the
defaulting party's obligation. The cost of such performance shall be immediately
recoverable from the defaulting party plus interest at the legal rate for judgment. If
Lessee makes any such expenditures as the non-defaulting party, those expenditures
may be applied to monthly rent payments(s).
16. Notices. Notices between the parties shall be in writing, effective when personally
delivered to the address speCified herein, or if mailed, effective 48 hours following
mailing to the address for such party specified below or such other address as either
party may specify by notice to the other:
Lessor: Deschutes County
Attn: Susan Ross
PO Box 6005
Bend, Oregon 97708-6005
Fax: 541.317.3168
Lessee: State of Oregon acting by and through the State Board of Higher
Education on behalf of OREGON STATE UNIVERSITY
Attn: Glenda Hyde
3893 SW Airport Way
Redmond, Oregon 97756
541-548-6088
With a copy to:
OSU Real Estate and Space Management
Attn: Nicole Neuschwander
3015 SW Westem Blvd
Corvallis, Oregon 97333
nlcole. neuschwander@oregonstate.edu
DC 2014-242 Page 50f7
17. Assignment. Lessee shall not assign or sub-rent the premises.
18. Holdover. If Lessee holds over after the end of the term, a tenancy from month to month
shall be created at the same rental rate, and the holdover shall not be construed as an
exercise of any renewal option contained herein.
19. Audit. Lessee reserves the right to audit, at Lessee's expense, Lessors access records
pertinent to this agreement.
20. Non aDpropriatlon.
(a) If sufficient funds have not been provided in the legislatively approved budget of
Lessee to permit Lessee in the exercise of Its reasonable administrative discretion to
continue this Lease, Lessee may terminate this Lease without further /lability to Lessor
with not less than sixty (eO) days prior written notice to Lessor. During such termination
notice period, Lessee may negotiate with Lessor for continued occupancy in a portion of
the Premises at a reduced rent. If that is not feasible on mutually acceptable terms, then
the Lease shall terminate as notified. In determining the availability of funds to Lessee,
Lessee will use the budget approved by the Oregon State Legislature or acts of the
Legislative Emergency Board.
(b) If by a specific legislative act, Lessee as named herein is abolished or its functions
absorbed into other state agency or agencies, Lessee may terminate this Lease without
further liability to Lessor with not less than sixty (eO) days prior written notice to Lessor.
(c) If any of the foregoing occurs with respect to an agency/division occupying only a
portion of the Premises, Lessee shall have the right to terminate as to that portion of the
Premises.
21. Authoritv. The signatories to this agreement covenant that they possess the legal
authority to bind their respective principals to the terms, provisions and obligations
contained within this agreement.
22. Counterparts. This Lease may be executed in two or more counterparts, by facsimile or
otherwise, each of which is an original, and all of which together are deemed one and
the same Lease, notwithstanding that all parties are not signatories to the same
counterpart.
23. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARriES. NO
WAIVER, CONSENT, MODIFICA1"ION OR CHANGE OF TERMS OF THIS LEASE
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE,
SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR rHE
SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,
OR REPRESENTATIONS, ORAL OR WRITIEN, NOT SPECIFIED HEREIN
REGARDING THIS LEASE. LESSOR, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LESSOR HAS
DC 2014-242 Page eof7
READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
LESSOR: DATED this _ day of _______, 2014
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ATTEST: ANTHONY DEBONE, VICE CHAIR
Recording Secretary
LESSEE:
ALAN UNGER, COMMISSIONER
DATED this _ day of _______, 2014
State of Oregon acting by and through the State Board of
Higher Education on behalf of OREGON STATE
UNIVERSI
By: -+~~'-I-.lL..______""""':-+~""'J.-
Nicole Neusch nder Date
Associate Director, Real Estate and Space Management
DC 2014-242 Page 7 of7
Exhibit A
Sluth CIUOIY .
SelVlC8SBuildiOg • 118 I 11~ ;, I~.122
117 I 120
,.
123
1
o
2
a
102
o11111
5 .
108 110 112 113 114
0
7 109
•
.llla
1111g
111f
111b • 111c
1118 I 111d
101
lOla
Exhibit B ,. '
'.'• " "~ Deachutes County AdmIDlstrative Poltcy No. GA-7
Effective Date: October 7, 2009
SMOKINGITOBACCO USE POLICY
stATBMBNT,OP.PQUCI
It is the policy ofDesohUtes County to restrict or prohibit tobacoo uso em specified Cowty
property. consiatent with tho Oregon Indoor Clean Air Act and Oregon Administrativa Rules.
APPLICABILITY
This polioy applies to all Desohutes County personnel and all other individuals who use County
faoilities.
PQUCY AND PROQRDURES
Smoking and tobaooo use shall be prohibited in all Deschutes County buildings, faoilities, Iud
automobiles, whether owned or lcuod. ThIs poKey docs llot apply to all elIlploytltt Wiving hUrIher
personal vehicle on Cowty business unless a co-worm or olient is a passenscr in the vehicle.
Smoking shan be prohibited within 30 feet of any entrance to aqy CO\Ulty building 01' facility.
Appropriate signage will be posted. To help proteot and preserve the health of both staft' and
pa1rons designated smoking areas may be established by tho County Administrator.
Oregon Adminiatrativa Rul.ca (OAR 415.051-00(5) require that state :f.\mded addiction outpatient
programs shall not allow tobaooo use at proaram 180iUties and arounds. To oomply with this
requirement, tho following properties shall matntain a 100% lobacoo-free environment: Health
Services Campus, 2577 NB Courtney Drive; Colll'thousc Annex; Downtown Health Conter. 1128
NW Haniman; and Wan Street Services Building. 1340 NW Wan Street. In addtticm, tho
Community Development building at 117 NW Lafayette Avenue and tho Mike Maier County
----.--~Se.P.tio08_bu.ildbisrl-1J()-NW-Hm:iman-Strect,sball-maintahta-1OO,...tob8l)co:ftee"oampusllu.,.~·
their proximity to tho ohild care oontcr outdoor play area and Health Services bulldJngs. The
tobacco free zone inoludea tho parldna lots of the Health Services Campus, Courthouse Annex.
Downtown Health Center, CDD buUdln& and Mike Maier buildina. Sidowalka in the public
right-of-way arc outside tho jurisdiotion ofthis policy.
At the Sbc.riff's Department and JaD, special arrangements regarding designated smoldng areas
may be mado at the discretion of the Sheriff due to security reasons.
Enforcement of this polioy will be oomplaint based and through eduoation of staff and olients
about the harmful efl'eota of tobacco use and potential tobaoco cessation feSOU1'OC8 in the
community. The appropriate manager. supervisor 01' department dhector shall enforce this policy
with staff and shall inform olients and visitors that tho polio, is in effcot. Employees violating this
poUoy are subject to disoiplinary aotion.
Polkly. QA·7 SmoIdn. PolIo)'
Department af Admlniatrative Bervicea
Dave Kanner, County Administrator
1300 NW Wall St, SuIte 200, Blind, OR 9770,.,980
(5411 3Ba.e570· Fax (541) 3S!5-3202
WWW.oo.dIlBChut8&or.UII
JULY 27, 2007
TO: ALL DESCHUTES COUNTY BMPLOYBBS
FROM: DAVE KANNER, COUNTY ADMINISTRATO~
RE: FRAGRANCES IN THE WORKPLACE
Recognizing that employees and visitors to our offices may have scmsitivity and/or
allergic reactions to various fragrant product8, it is asked that employees voluntarily
refrain from using scented cleaning products; or wearing scented products. suoh as
cologne and aftershave, per1\une, scented lotions and other similar products during
working hours.
•
Descbutes County Administrative Pollcy No. BLDG-l
Effective Date: June 28, 2006
FACILITIES MAINTENANCE POLICY
STATEMENT OF POUCY
It is the policy of Deschutes County to maintain continuity and appearance of county
facilities, facilitate ease ofmaintenance, extend the life ofISsets, and to establish
consistent standards for use of County facilities.
APPUCABlLITX
this polioy applies to aU County porsonncl and all other individuals who uso County
facilities.
POLICY AND PROCBDURBS
1. Whore feasible, fuIJ-height panels systems instead orhard walls will be used to
create separation ofspaces. This will allow flexibility in the future if the space
needs to again be reconfigured.
2. Animals are not allowed in County facilities, including County vehicles. The
exceptions are certified service animals and treatment animals that are both
licensed and insured. Fish tanks are permitted.
3. Space heaters are not permitted unless required for medical reasons. Heaters
upset the heatingfcooling systems and the electrica1systom and are often fire
hazards. Other applianoes such as coffee makers that do not have automatio
shutoffs wilJ also be prohibited.
4. All fumiture purchases must be ordered through Building Services. The furniture
will be pro-assembled and will consist of a standard finish to match existing
County furniture. Desk and work surfaces will be height adjustable by crank,
electric motor, or torsion lever.
S. Chair mats are required at all desk areas to reduce the wear and tear on carpets.
6. County buildings and individual offices are to be painted the standard color(s) as
established by Building Services. All painting must be oonduoted by Building
Services.
7. Building Services will establish the standards for window blinds, light bulbs,
carpet. vinyl. laminate. and other finisbes. Building Services will be responsible
for ordering and installing these items.
Paao IPvlil:y' BLDO-I. Facllitica MaintenlllCll
8. Services ofoutside oontractol'8 (such as electricians) will be acquired by Builditig
Services. Individual employees or departments should not hire oon1ractol'8 to
complete work in County faciHtiea.
9. All requests for remodels or consauotion are to be submiUed to the Dirootor of
Property & Facilities. Work requests for routine maintenanco are to be submitted
to tho Building Services Mauager.
Any exceptions to this policy must be approved by the County Administrator or hislher
designee.
Daw Kanner'
County Administrator
Pol~"BLDG·I. PaoIHdes MtlnItllIl/lOt <6/11
RULES FOR USE OF COUNTY MEETING ROOMS
, ~,
I. Users will confine their activities to the portion of the meeting room or building
that user has reserved. No other portion of the building or equipment from other
rooms/areas may be utilized without approval.
2. Attendance may not exceed the posted capacity ofthe meeting room.
3. User is responsible for reasonable care of the room and will be held responsible
for any damage to the general condition of the room that occurs during its use.
User will be assessed reasonable charges for the repair or replacement of any
damaged contents of the room as well as the physics') boundaries of the room
including flooring, walls, ceilings and anything attached thereto.
4. At the conclusion of the meeting, the applicant will return all furniture and
equipment to the locations they were found. This includes placing trash and
recycling into the appropriate containers, wiping off tables iffood was served, and
turning off power to any equipment that was utilized, including battery-operated
equipment.
S. Equipment may be available for use in the meeting rooms. In some cases
equipment must be reserved and approved in advance, and a group member must
be trained in its use prior to the meeting date.
6. Failure to comply with Deschutes County's meeting room rules may result in
withdrawal of meeting room use privileges.
l"tl1
Desebutes Couuty Admfulstrative Poliey No. HR-9
Effective Date: July 25, 2007
PREVENTION OF VIOLENCE IN THE WORKPLACE
STAIBMBNf OF POllCY
It is the policy ofDeschutes County that there is zero tolerance ofthn:ats, threatening behavior, or acts of
violence against employees, visitors, pests. or other individuals on County worksites or as part of
County work activities.
APPLICAB1J..ITY
This policy applies to all De~hutcs County employees and volunteers.
POLICY AND PROCEDURES
Deft:aitioRs
A. Hl\I'8ssment: A Conn of behavior that to a reasonable person is intimidating, hostile, threatenins.
violent, abusive or offensive.
B. Threat or Threatening Behavior: A physical, verbal, or written act that expresses, or is reasonably
perceived as expressing. an intent to cause physical or psychological hann, or both, to anyone covered by
this policy, or an act that is reasonably pen;eived as expressing intent to cause damaae to property.
C. Worksite: Any place where Deschutes County conducts business. This includes Co\.Dlty-owned or
leased offices or buildings, County-owned vehicles, personal vehicles when used within the course and
scope of conducting Deschutes County work; clients' homes, and other locations where Deschutes County
business is being conducted.
D. Violence or Violent Behavior: A physical. verbal, or written act canied out or caused to be carried out
which results. or may result, in physical or psychological harm, or both, to an individual covered by this
policy, or damage to property. Examples of violent conduct inolude but are not limited to physical
displays of aggression, such as hitting. pushJn& pincbfna, grabbing. making threatening gestures, or
throwing objects. Also covered by this definition are situations in which physical or psychological hann
occurs. even if such result was not intended (e.g., horseplay and praotlcaljoba).
E. Workplace Violence: Inoludes harassment, threats. threatening behavior. and violence and violent
behavior.
InGeDerai
Desohutes County will not tolerate threats, threatening behavior, or acts of violence by its officers,
employees, agents, or other persons at a worksitc against employees, visitors, guests, or other individuals
by anyone. The intent of this polioy is to maintain safety and security for all people on all County
worksites.
Any person who makes threats, exhibits threatarlq behavior, or enaaaes in violent acts will be removed
by law enforcement as quickly as aa:&ty permits and shall have no further contact with County employees
pending the outcome of an investigation.
Each County employee is empowered to take immediate aotion by calling law enf~ement
representatives through 9·1·1 emergency responders, to tcnninate the behavior in progress. Employees
should also report behavior they regard as threatening or violent ifthat behavior is job-related or might be
carried out on a County-controlled site. Atb::r addressing iIlltllediate concans, eaoh employee is
responsible for notifYing his or her immediate supervisor or other DepartmentlProaram manager of
conduct that may oonstitute workplace violence. This includes reporting any threats. threatening or
violent behavior, or harassment ocourring at a Deschutes County worksite or in connection with
PoHey No. HR·', Preyentlon olVioJence In Ihe Workplace Paso I
Deschutes County employment. The conduct may be that whioh they have witnessed or received or have
been told that another person has witnessed or received.
Following an immediate response to terminate workplace violence, employees are responsible for
reporting such conduct, regardless of the relationship between the individual who initiated the threat and
the person who was threatened. Ifa supervisor is notified of a threat, or receives a threat, the supervisor is
responsible for immediately notifYing his or her supervisor, other affected DepartmentiProgram
managers, and Risk Management.
Deschutes County will not tolerate retaliation against an employee, volunteer or other County
representative who reports or experiences workplace violence. Deschutes County will conduct a prompt
investigation ofthe alleged workplace violence and initiate a timely and appropriate response.
Employees who engage in workplace violence, real or perceived, against co-workers, supervisors, olients.
providers, volunteem, or other individuals asaooiated with Deschutes County are in violation of this
polioy. Violations of this polioy by an employee will lead to disciplinary action. which may include
reassignment of job duties, suapension, or termination of employment and may include referral to law
enforcement authorities and subsequently result in criminal oharges.
Deschutes County will also respond to workplace violence where individuals other than employees are
involved. Appropriate aotions may include suspension or termination of business relationships,
suspension or tennination of volunteer status, andlor referral to law enforcement authorities and
subsequently result in oriminal charges and criminal prosecution of the person(s} involved.
Employees who apply for or obtain a protective or restraining order that lists County locations as
protected aress must provide copies of any restraining order documents to their direct supervisor.
Supervisors must report restraining order documents to Risk Management. Deschutes County has
confidentiality procedures that recognize and respect the privacy of the reporting employee(s}, to the
extent allowable to ensure a workplace free ofthreatening or violent behavior.
laddent Response and Follow~up
A. If circumstances call for immediate aotion, and in the employee's judament any delay caused by first
notifying a supervisor may jeopardize his or bor. or others' safety, the employee shall immediately obtain
the assistance of emergency responders by calling 9·1·1. Most County phones first require dialing 9 for
an outside line.
B. In response to threatening or violent behavior. no employee. manager or County representative, shall
take any action that will risk his or her own safety or the safety of others in the area. No employee or
volunteer should ever attempt to restrain or forcibly eviot an armed person or dangerous person from the
premises.
C. Any suporvisor receiving knowlcdgeof 1\ threat or potontial threat of violence shall immediately notify
his or her supervisor, unless oitcumstances call for immediate action. in which case reporting doouments
shall be prepared immediately after the threat ofdlllF" has passed.
D. The supervisor shall notify managers of other departments/agencies at the worlarite. or in other
locations that may be affected, of clients or visitors who are considered a potential immediate threat.
When a supervisorlmanager receives knowledge that an individual may pose a threat to employees, the
~rv~sor/~will provide staff with a safety pJan, Including a description of the olient or visitor,
and lhe :Steps to tab if the individual appears. Risk Management can provide assistance with any
de,partn'lOntalsaiety .or response plan.
PolicyNo. HR·9. PreYelltion of'Vlolence In tho Workplace Page 2
It.tlt1
B. The worksite supervisor shall ensure that the employee receiving any threat or act of violence initiates
a "Violence Incident Report Form." If the employee will not be available within 24 hours, the supervisor
shall complete the form as thoroughly as possfble without input from the employee. When the employee
becomes available, the supervisor shall thoroughly update the office copy of the report with additional
infornuuion. '
F. The supervisor shall, within 24 hours, provide a debriefing with affected employees in order to analyze
the incident and receive input ftom employees on necc:8sary corrective action. The supervisor will use this
infonnation to oomplete the supervisor's section of the "Violence Incident Report Form." The supervisor
shall obtain the safety committee's review of the incident consistent with the department's established
procedure for reviewing other incidents.
G. For aots of violenoe, or threats perceived by staff to be of a traumatio nature, supervisors are
encourased to meet with all staff, at a time they judge to be appropriate, to review the incident and answer
employee concerns. For very traumatic incidents, such as those involving employee injury or threat with a
weapon, supervisors shall contact Deschutes County's Employee Assistance Program contractor, and
request group counseling. Attendance is voluntary.
H. Action directed towards individuals, other than employees, in violation of Deschutes County's polioy,
will be at the direction and coordination of Risk Managomcnt. If an employee is in violation of this
workplace-violence policy, the supervisor may initially consult directly with Risk Management if
involving a higher level ofmanagement would oause unreasonable delay.
1. The supervisor shan forward, within 24 hours, a copy of the "Violence Incident Report Form,"
completed as thoroughly as possible, to the Risk Management office. Risk Management will provide
incident information to County Administration.
General Protoeoll Prevention Adivities
Protocols and prevention aotivities are estabJished to provide:
1) Actions to be taken by Deschutes County management and empJoyecs to reduce the threat of
workplace violence;
2) Steps for dcpart:mentslprograms to take followins an incident ofviolence.
Bach department or division will:
A. Designate an employee and alternate for each department as contact in the event of an incident or
potential incident; this designation must be updated annually. Bach department must develop and post
individual policies and procedures specifio to that department. Bach department must provide training for
new employees and volunteers on County and department policies/prooedures upon hire. Periodic,
ongoing training programs will be provided by Risk Management or as required by Departmental
assessment.
B. Notify employees of Deachutc:a County's zero tolerance for workplace violence by posting County
and department polioies and procedures in locations visible to employees, contraotors, visitors and
volunteers, and as well will inform individuals covered by this policy of the requirements and procedures
to report all threats or violence encountered during their work with Deschutes County.
C. IDfonn jndividuals covered by this policy of the incident response procedure and of the Violence
Incident Report Form.
D. Infonn individuals covered by this policy that they would not be retaliated against for reporting
workplace violence.
Policy No. HR-II, Prevenllon of Violence in the Workplace Pap 3
l~{ t1
E. Report immediately any conduct occurring on a Deschutes County's worksite. or site related to
Deschutes County's work activity. which may constitute a threat or act of violence. This includes conduot
that is received or witnessed directly or reported by a third party. Every employee or County
tepresentative is empowered to take immediate action by calling law enforcement representatives through
911.
F. Notify managers of other Deschutes County departments, or other occupants in co-housed buildings or
other locations, who may be affected, of clients or visitors who are considered to pose a potential
immediate threat. Deschutes County departments will develop and provide staff with a safety plan,
inclUding a description of tho client or visitors.
G. Inform employees and volunteers that if they are involved in a non-work related or domestic situation
which may pose a risk to the workplace. that they are encouraged to inform their supervisor or Risk
Management. This is voluntary. Management will obtain the employee's consent before notifying staff
that are determined necessary to carry out a safety plan.
H. Inform employees who apply for or obtain a protective or restraining order that lists County looations
as protected areas thoy must provide copies of any restraining order documents to their direot supervisor,
who will in tum provide Risk Management with a copy of the restraining order. Risk Manaaement andlor
department managers will evaluate and determine County staff that will be notified to carry out a satety
plan.
I. Inform employees. volunteers, contractors, and visitors who witness oonduot which may violate this
policy they, without fear of retaliation. shall report such conduct in a manner consistent with reporting
procedures specified elsewhere in this policy.
J. Underatand individual offices are encouraged to review their departmental emergency plan with Risk
Management and local law enforcement.
TralDlng Components
A. Risk Management and County departmonts will assess the l~l of risk within Deschutes County
workaites and provide job-appropriate information andlor training to employees whose job duties are
likely to expose them to qgressive persons or threats of violence. Workplace violence training will be
provided on a quarterly basis throUSh Risk Management. Risk Management will provide cutriculum 8l'Id
invite non-County professionals to present training materials (e.g .• training components addressing
specific classes of violence inoluding domestic violence awareness).
B. Based on 8l'I employee's or volunteer's job duties and reasonably anticipated risk of exposure to threats
or acts ot violence, some or all ot the following training elements shall be included, no later than six
months after the effective date of this policy, or by the completion of trial service for new employees and
orientation for volunteers:
o Identification ofwaming signs ofpotentially violent persons.
o De-escalation skills for dealing with aggressive behaviors including the aggressive behavior of
mentally ill persons or substance abusers.
o Building security.
o Field work andlor travel safety.
o Home visit safety.
C. Supervisors. or employees with lead roles, and other employees or members of management whose
job responsibilities may involve responding to issues of workplace violence, shall receive training or
Policy No. HR·9, Prevention of Violence In the Workplace PlI8e4
1(P [l1
il'lfonnation on some or all of the following topics, no later than six months after tho effective date of this
policy, or by the completion of trial service fornew employees and orientation for volunteers:
o Domestic violencc--possible indicators of abuBo and response.
o How to conduct 8 critical·incidcnt debriefing.
o How to conduct an investigation, how to complete an incident report. whom to notify within and
outside of the department, and how to route the report form.
a Role of Bmployee Assistance Program.
o Safety-committee rolc and other levels of'rcview within the department.
a Clarification and training on what behaviors or acts are inappropriate and constil.ute violence as
provided by the definitions.
Approved by the Deschutes County Board of Commi8&ioners July 25, 2007
Dave 'Kanner
CoWlty Administrator
Policy No. HR.·9, Prevention ofViolell<le in the WortpIace PlgeS
\ 1 ( \ 1