HomeMy WebLinkAboutDoc 378 - Lease of Space to State Bldg CodesG! ,(Jj ,. :t
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Cl u.....'t.. E.s .'. -< Deschutes County Board of Commissionersa1300 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 27, 2012
Please see directions for completing this document on the next page.
DATE: June 19,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2012-378, a Lease between Deschutes County, Lessor,
and State of Oregon acting through its Department of Consumer and Business Services, Building Codes
Division, Lessee.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The State Building Codes Division needs a small office for local staff. There is space available in the
Community Development Department building at 117 NW Lafayette Avenue. The State has agreed to
pay $lIsquare foot per month for the 130 square foot furnished office. It is a two-year lease, with an
option to renew for successive one-year terms. If Deschutes County needs the office space, we have the
right either to terminate the lease with notice, or not renew the lease.
FISCAL IMPLICATIONS:
$1,560.00 annual rental payment.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature of Document 2012-378.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Three fully signed originals to Teresa Rozic. One will be returned for the Commissioner's Journal.
\
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 retumed 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: 106/19/20121 Department: IProperty & Facilitiesl
Contractor Phone #:
Type of Document: Lease
Goods and/or Services: NIA
Background & History: The State Building Codes Division needs a small office for
local staff. There is space available in the Community Development Department
building at 117 NW Lafayette Avenue. The State has agreed to pay $1/square foot per
month for the 130 square foot furnished office. It is a two-year lease, with an option to
renew for successive one-year terms. If Deschutes County needs the office space, we
have the right either to terminate the lease with notice, or not renew the lease.
Agreement Starting Date: Ruly 1, 20121 Ending Date: Rune 30, 20141
Annual Value or Total Payment: 1$1,560.00 annual rental paymen~
N/A -Statutory
D Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
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? DYes D No
Is this a Grant Agreement providing revenue to the County? Yes I:8J No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
6119/2012
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: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Teresa Rozic Phone #: 541-385-1414
~/" ( (Department Director Approval: _~+""'--""--____'-___ Le(d', JOt d-
Signature Date
Distribution of Document: Three fully signed originals to Teresa Rozic. One will be
returned for the Commissioner's Journal.
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-'
Legal Review Date
Document Number 2012-378
I
I6119/2012
REVIEWED
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 its Department of
Consumer and Business Services, Building Codes Division ("Lessee").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as
follows:
Room 212, approximately one hundred thirty (130) square feet of office space located at
117 NW Lafayette Avenue, Bend, Oregon 97701, (the "Premises").
The parties agree that the terms of this Lease are as follows:
1. Term and Renewal. The effective date of this Lease shall be July 1, 2012, or the date
on which each party has signed this Lease, whichever is later, and shall continue until
June 30,2014. This Lease may be terminated by either party upon thirty (30) 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 for successive terms of twelve (12) months each (from July 1 to
June 30). This option, if exercised, shall be made by written notice to Lessor given not
less than sixty (60) days prior to the last day of the expiring term. This Lease shall not
be considered renewed for the additional twelve months unless and until Lessor agrees
in writing.
2. Rent. Lessee shall pay Base Rent in arrears by the 10th day of each month for the
preceding month or partial month. The Base Rent for any partial month shall be prorated
on a per diem basis. Rent shall be payable without notice or demand at 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. The
monthly Base Rent shall be One Hundred Thirty Dollars ($130.00) per month.
Base rent includes office furnishings.
3. Use of Premises. Lessee shall use the Premises for office space for the State Building
Codes Division. 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 will 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 will be
DC 2012 -378
DC 2012-378 Page 1 of 7
required to adhere to the County Parking Policy and Regulations, which County in its
sole discretion may amend from time to time.
6. Confidentiality of Business Information. Lessor and Lessee acknowledge that Lessor's
use of the Property and Lessee's permitted use of the Premises may include the
creation, management and retention of business information of a personal or confidential
nature, and that the unauthorized acquisition or disclosure of such information may be
grounds for civil and/or criminal liability. Lessor and Lessee, for themselves, their agents,
employees and contractors, agree that, subject to the Oregon Public Records Law, ORS
chapter 192, they will refrain from any action that reasonably would be deemed to
jeopardize the confidentiality of business information of the other party or to expose such
information to disclosure, whether such information has been identified to the other party
as confidential or otherwise, and will reasonably cooperate with each other to
affirmatively protect the confidentiality of all information so designated as confidential or
otherwise of a sensitive nature. Lessor and Lessee acknowledge and agree that
violation of the provisions of this section, except when required under the Public Records
Law, may constitute a material breach of the Lease, for which the non-violating party
may terminate the Lease and for which additional remedies may also be available.
7. 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, parking, fragrances, facilities
maintenance, facilities use and violence in the workplace. Those policies are attached
to this Agreement as Exhibit A and by this reference are incorporated herein.
8. 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.
DC 2012-378 Page 2 of 7
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.
9. Lessor's Obligations.
a) Lessor shall perform all 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
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.
10. Utilities, Services and Real Property Tax
a) Lessor shall provide adequate heat, electricity, water, air conditioning, trash removal
service, and sewage disposal service for the Premises and janitorial services for the
common areas of the building. Lessor shall provide basic janitorial services for the
Premises. The cost of utilities for the Premises is included in the monthly rent. Lessee
shall pay Fifty Dollars ($50.00) per month for Internet connection and Twenty Dollars
($20.00) per month for telephone service. Lessee shall pay for that service within fifteen
(15) days of invoice.
b) Lessee is assumed to be tax exempt as to real property tax liability on leased real
property as provided in ORS 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.
11. 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
DC 2012-378 Page 30f7
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.
12. Insurance.
a) Lessee shall provide for its own personal property damage coverage and liability
insurance, within the limits as provided under ORS 30.260 to 30.300, and as limited by
Oregon Constitution, Article XI, Section 7. 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, agents and invitees. 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 liability for local governments and conditions of the Oregon Tort Claims Act,
ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7.
13. 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 by 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.
Fo"owing 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.
14. 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
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.
DC 2012-378 Page 4 of 7
15. 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.
16. Default. 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-defaulting 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).
17. 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,
Department of Consumer and Business Services
350 Winter Street, Room 2
P.O. Box 14480
Salem, Oregon 97301
AnN: Howard Davis-Salyer, or successor
18. Assignment. Lessee shall not assign or sub-rent the premises.
19. Audit. Lessee reserves the right to audit, at Lessee's expense, Lessor's access records
pertinent to this agreement.
20. Non appropriation.
(a) If sufficient funds have not been provided in the legislatively approved budget of
Lessee, Department of Consumer & Business Services, to permit Lessee in the exercise
of its reasonable administrative discretion to continue this Lease, Lessee may terminate
this Lease without further liability to Lessor with not less than one hundred twenty (120)
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
DC 2012-378 Page 5 of 7
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 one hundred twenty (120) 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. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf of either
party to obtain performance under this Lease or to interpret or enforce any rights or
obligations arising from this Lease, each party will be responsible for paying its own
attorney fees.
22. Authority. 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.
23. 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.
24. MERGER.
THIS LEASE CONSTITUTES THE ENTIRE LEASE BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION 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 THE
SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,
OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS LEASE. LESSOR, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LESSOR HAS
READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
SIGNATURE PAGES FOLLOW
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DC 2012-378 Page 6 of 7
LESSOR:
ATTEST:
Recording Secretary
LESSEE:
DATED this __ day of ________, 2012
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, CHAIR
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
STATE OF OREGON acting by and through its
Department of Administrative Services
By: _________________________
Facilities Division
DATED this __day of ___________, 2012
STATE OF OREGON acting by and through its
Department of Consumer and Business Services
By: _______________________
DATED this __day of ___________, 2012 I
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DC 2012-378 Page 7 of 7
Deschutes County Administrative Policy No. GA-7
Effective Date: October 7, 2009
SMOKING/TOBACCO USE POLICY
STATEMENT OF POLICY
It is the policy ofDeschutes County to restrict or prohibit tobacco use on specified County
property. consistent with the Oregon illdoor Clean Air Act and Oregon Administrative Rules.
APPLICABILITY
This policy applies to all Deschutes County personnel and all other individuals who use County
facilities.
POLICY AND PROCEDURES
Smoking and tobacco use shall be prohibited in all Deschutes County buildings, facilities, and
automobiles, whether owned or leased. This policy does not apply to an employee driving hislher
personal vehicle on County business unless a co-worker or client is a passenger in the vehicle.
Smoking shall be prohibited within 30 feet of any entrance to ~y County building or facility.
Appropriate signage will be posted. To help protect and preserve the health of both staff and
patrons designated smoking areas may be established by the County Administrator.
Oregon Administrative Rules (OAR 415-051-0065) require that state funded addiction outpatient
programs shall not alIow tobacco use at program facilities and grounds. To comply with this
requirement, the following properties shall maintain a 100% tobacco-free environment: Health
Services Campus, 2577 NE Courtney Drive; Courthouse Annex; Downtown Health Center, 1128
NW Harriman; and Wall Street Services Building, 1340 NW Wall Street. ill addition, the
Community Development building at 117 NW Lafayette Avenue and the Mike Maier County
______ Sernces_buildiHg,1_1-30_NW_Harr-iman_Street,shal-l_maintain_a_lOO%-tobaccO"free-campus-due-ro-
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their proximity to the child care center outdoor play area and Health Services buildings. The •
tobacco free zone includes the parking lots of the Health Services Campus, Courthouse Annex,
Downtown Health Center, CDD building, and Mike Maier building. Sidewalks in the public
right-of-way are outside the jurisdiction oftrus policy.
At the Sheriff's Department and Jail, special arrangements regarding designated smoking areas
may be made at the discretion ofthe Sheriff due to security reasons.
Enforcement of this policy will be complaint based and through education of staff and clients
about the harmful effects of tobacco use and potential tobacco cessation resources in the
community. The appropriate manager, supervisor or department director shall enforce this policy
with staff and shall inform clients and visitors that the policy is in effect. Employees violating this
policy are subject to disciplinary action.
Deschutes County Board of Commissioners on October 7,2009.
Dave Kanner
County Administrator
Exhibit "A"
Policy #OA·7 Smoking Policy DC 2012-378
Page 1 of17
DESCHUTES COUNTY
DOWNTOWN BEND
CAMPUS MAP
Map Date: October 2009
KEARNEY
~1111111111011111111111111111 0
011111111110111111111111111110
AVENUE
Q
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W to
GREENWOOD AVENUE
1-DESCHUTES SERVICES BUILDING
State Department of Human Services
State Department of Justice
Deschutes County Board of Commissioners
Deschutes County Personnel
Deschutes County Legal Counsel
Deschutes County FinancefTax
Deschutes County Assessor
Deschutes County Clerk
D Tobacco Free Zones
2-PROPERTY & FACILITIES &
INFORMATION TECHNOLOGY
Property Management
Building Maintenance
Information Technology
Geographic Information Systems
Archives
Mail Center
Warehouse
3-CASCADE PEER & SELF HELP
CENTER
4-COMMUNITY DEVELOPMENT
Building Division
Code Enforcement
Environmental Health
Planning Division
5-MIKE MAIER COUNTY SERVICES
BUILDING
Commission on Children and Families
Latino Community Association
United Way
Family Resource Center
Mary's Place
Veterans' Services
CASA of Central Oregon
6-COURTHOUSE ANNEX
Watermaster
Rainbow Clubhouse
Mental Health Community Support
7-COURTHOUSE
District Attorney
Victims Assistance
State Court Records
Jury Assembly
8-JUSTICE BUILDING
Circuit Court
Traffic Court Information
9-DOWNTOWN HEALTH CLINIC
10-WALL STREET SERVICES
BUILDING
ABHA
Mental Health Senior Services
Law Library
Deschutes County Admiuistrative Policy BLDG-4
Effective Date: January 24, 2007
EMPLOYEE AND VISITOR PARKING
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure adequate visitor parking by requiring employee
and employees of tenants in county buildings to park only in those areas designated for pennit
parking.
APPLICABILITY
This policy applies to all Deschutes County employees and to non-county employees who work
in County buildings. Elected officials are exempt from this policy but are encouraged to adhere
to its intent.
POLICY AND PROCEDURE
In General
For the purpose ofthis policy statement, County parking lots referred to will be limited to the
following areas and that are highlighted on the parking lot map (Attachment A):
A) Area "Au Parking D) Area "D" Parking
County/State north employee lot Wall St. employee lot
B) Area "B" Parking E) Area "En Parking
County/State east employee lot County/State Fleet Vehicle lot
C) Area "e" Parking F) Area "F" Parking
Harriman S1. employee lot CDD Fleet Vehicle lot
The parking regulations for County employees and employees of County tenants are as follows:
1. Employee parking is provided free of charge to all County employees
and employees of County tenants.
2. All of the parking lots listed above will be patrolled on a regular basis.
A Notice of Parking Violation will be issued to County employees or
employees of County tenants who violate the parking policy.
3. At various locations there are parking spaces that are marked ''Restricted''.
Any County employee or employee of County tenant who parks their vehicle
there and are not authorized to do so will be subject to a Notice of Parking
Violation.
4. Customers who are conducting business at County offices are encouraged to
park their vehicles in the spaces that are allocated for visitor parking.
However, if there are not adequate parking spaces available for customers,
they have the right to park in the "Permit Parking" areas.
Policy # BLDO-4, Employee & Visitor Parking - 1
c
5. All County employees and employees of County tenants will have a
Deschutes County parking sticker for each of their private vehicles. This
sticker shall be placed on the front windshield on the lower right hand corner.
Ifthe windows are heavily tinted the sticker mayl be placed in the rear
window, lower right hand comer. The parking sticker shall be visible at all
times that the vehicle is p,!U"ked in any of the above listed County employee
parking lots. The sticker number, license plate number, owner's name, day
time phone number and department shall be provided to Building Services.
Any changes of vehicle, change of department, or discontinued employment
by the vehicle owner shall be reported to Building Services.
6. All County employees and employees of County tenants shall park in the
parking spaces that are clearly signed "Permit Parking Only." Any County
employee or employee of a County tenant that parks his or her private
vehicle in "Visitor Parking" will be issued a Notice of Parking Violation.
7. All County and State fleet vehicles are to be parked in the designated fleet
parking areas only.
Procedure When Notice of Violation is Issued
Elected officials, department heads and managers are charged with the responsibility of making
employees aware of the rules and regulations of this policy.
Employees have a shared responsibility with management to work consistently toward following
the rules and regulations of this policy. When a Notice of Parking Violation is issued to an
employee vehicle, a copy of the notice shall also be sent to the employee's supervisor. The
supervisor shall be responsible for counseling the employee about the terms of this policy and
placing the notice of violation in the employee's personnel file.
An employee who receives three notices of violation within a 24-month period
may be subject to disciplinary action as provided by the applicable collective bargaining
agreements or by the County Personnel Rules, as appropriate.
Approved by the(Board of County Commissioners January 24,2007.
'''' !'·.........-i~. . \ ! //'-"'-'
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Dave Kanner \.,
County Administrator
Policy # BLDG-4, Employee & Visitor Parking -2
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DESCHUTES COUNTY
EMPLOYEE PARKING LOTS
Ni'tEA 'S' EAST GOJSTATE &Fl.O'fEE pJ11RK1N6
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L_..__~_~._.~~____._,__~",..__ , .._____,,_.,_._
b[l1
Department of Administrative Services
Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701·1860
[541 J 3BB-6570 • Fax [5411 385·3202
www.co.deschutes.or.us
JULY 27, 2007
TO: ALLDESCHUTESCOUNTYENWLOYEES
FROM: DAVE KANNER, COUNTY ADMINISTRATO~
RE: FRAGRANCES IN THE WORKPLACE
Recognizing that employees and visitors to our offices may have sensitivity and/or
allergic reactions to various fragrant products, it is asked that employees voluntarily
refrain from using scented cleaning products; or wearing scented products, such as
cologne and aftershave, perfume, scented lotions and other similar products during
working hours.
Enhancing the Lives a/Citizens by Delivering Quality, Services in a Cost-Effective Manner
(p ( l1
Deschutes Couuty Administrative Policy No. BLDG-l
Effective Date: June 28, 2006
FACILITIES MAINTENANCE POLICY
STATEMENT OF POLICY
It is the policy ofDeschutes CotUlty to maintain continuity and appearance of county
facilities, facilitate ease of maintenance, extend the life of assets, and to establish
consistent standards for use of County facilities.
APPLICABILITY
This policy applies to all County personnel and all other individuals who use County
facilities.
POLICY AND PROCEDURES
1. Where feasible, full-height panels systems instead of hard walls will be used to
create separation of spaces. 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 heating/cooling systems and the electrical system and are often fire
hazards. Other appliances such as coffee makers that do not have automatic
shutoffs will also be prohIbIted.
4. All furniture purchases must be ordered through Building Services. The furniture
will be pre-assembled and will consist of a standard fmish to match existing
County furniture. Desk and work surfaces will be height adjustable by crank,
electric motor, or torsion lever.
5. 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 b,e conducted by Building
Services.
7. Building Services will establish the standards for window blinds, light bulbs,
carpet, vinyl, laminate, and other finishes. Building Services will be responsible
for ordering and installing these items.
Page !Policy # BLDG-!, Facilities Maintenance
8. Services of outside contractors (such as electricians) will be acquired by Building
Services. Individual employees or departments should not hire contractors to
complete work in County facilities.
9. All requests for remodels or construction are to be submitted to the Director of
Property & Facilities. Work requests for routine maintenance are to be submitted
to the Building Services Manager.
Any exceptions to this policy must be approved by the County Administrator or hislher
designee.
~:thecunty Boam of Commissioners June 28, 2006.
Dave Kanner
County Administrator
Policy # BLDG-I, Facilities Maintenance Page 2~{11
Q -< Deschutes County Administrative Policy No. BLDG-S
Effective Date: 6/7/10~
COUNTY FACILITIES USE POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County that the primary and priority use of county facilities is for county andlor
government-associated activities. Nonprofit organizations may use county facilities during normal business
hours only, subject to availability, and in accordance with the provisions of this policy.
APPLICABILITY
This policy applies to all users of Deschutes County buildings and property, including equipment, furniture,
and fixtures with the exception that public safety facilities are excluded from this policy.
DEFINITIONS
For the purpose of this policy, unless otherwise specified, the following definitions shall apply:
"County facilities" means real property that is owned by Deschutes County, including but not limited to,
buildings, facilities, or land which is fenced, enclosed, or otherwise developed and any associated grounds,
lIDirect Affiliation lf means a board, commission, committee, or working group formed by and conducting
business on behalf ofDeschutes County and to whom a Deschutes County employee may regularly report.
"Nonprofit organization(s)" means an organization that is legally incorporated and exempt from federal
income taxes under section 501(c)(3) of the Internal Revenue Code or a government agency.
POLICY AND PROCEDURES
1. County facilities are to be reserved on a first-come basis with priority given first to Deschutes County
departments and programs, secondly other government agencies and persons and groups naving a direct
affiliation with Deschutes County such as the Deschutes County Planning Commission, Community
Corrections Advisory Committee, Mental Health Advisory Board, etc., then thirdly to nonprofit
organizations.
2. County facilities are available during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday,
excluding official county holidays. The only function that may be held after normal business hours are
those having a direct affiliation with Deschutes County or have a department sponsor, including having a
County employee from this department in attendance.
3. All meetings and programs offered by non-government users must be free and open to any member of the
public. Items and/or services may not be sold (excluding meals) unless it is for a charitable purpose.
4. Persons who wish to use county facilities must schedule no more than forty-five (45) days in advance by
completing the County Facility Use Application and Agreement. The County reserves the right to
reschedule or cancel non-county meetings at any time if the room becomes necessary to conduct county
business.
Policy # BLDG-5, County Facilities Use
5. Arrangements can be made for use of county-owned equipment at the time of application. There is no
guarantee that County staff will be available to operate this equipment during non-county meetings. The
applicant is responsible for damage to any equipment and shall be assessed reasonable fees for repair or
replacement, as required.
6. The user of the meeting room is responsible for set-up, take-down. and clean-up in accordance with the
County Facility use Application and Agreement.
7. Failure to comply with this facilities use policy may result in withdrawal of use privileges.
8. Exceptions to this facilities use policy may be granted by the County Administrator or his/her designee.
Approved by the geschutes County Board of Commissioners June 7. 2010.
, I (
Dave Kanner
County Administrator
Policy # BLDG-5. County Facilities Use
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 9770l·1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
County Facility Use Application and Agreement
Name of Department, Agency, or County Employee to be Responsible
Other Group or Authorized Representative of Group
______-----'11'---__
Phone Number, Fax Number, and E-mail Address
Description of Activity
Date(s) of Activity Time(s) of Activity
I'----__~--JIIL.....--____
1. User is responsible for set-up, take-down, and clean-up.
2. If your meeting is cancelled, notice is required at least 48 hours prior to the scheduled date.
3. The County is not responsible for the theft of or damage to property brought into county
facilities. The Authorized Representative of the group hereby guarantees that adequate and
current liability insurance covering the user group is in place.
As Authorized Representative, I agree to abide by the County Facilities Use PoHcy in effect
on this date. In accordance with said Policy, I understand that I shall be responsible for
cleaning or repair of facilities necessitated by my group's activities.
Date: ___________
Approved by I Reserved by:
(Administrator of Meeting Room)
Date: _____________
RULES FOR USE OF COUNTY MEETING ROOMS
1. 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 of the 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 wen as the physical 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 if food was served, and
turning off power to any equipment that was utilized, including battery-operated
equipment.
5. 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 p11vileges.
l d-[ l1
Deschutes County Administrative Policy No. HR-9
Effective Date: July 25, 2007 \'
PREVENTION OF VIOLENCE IN THE WORKPLACE
STATEMENT OF POLICY
It is the policy of Deschutes County that there is zero tolerance of threats, threatening behavior, or acts of
violence against employees, visitors, guests, or other individuals on County worksites or as part of
County work activities.
APPLICABILITY
This policy applies to all Deschutes County employees and volunteers.
POLICY AND PROCEDURES
Definitions
A. Harassment: A form of behavior that to a reasonable person is intimidating, hostile, threatening,
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 harm, or both, to anyone covered by
this policy, or an act that is reasonably perceived as expressing intent to cause damage to property.
C. Worksite: Any place where Deschutes County conducts business. This includes County-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 carried 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 include but are not limited to physical
displays of aggression, such as hitting, pushing, pinching, grabbing, making threatening gestures, or
_ throwing objects. Also covered by this definition are situations in which physical or psychological harm ..------
occurs, even if such result was not intended (e.g., horseplay and practical jokes).
E. Workplace Violence: Includes harassment, threats, threatening behavior, and violence and violent
behavior.
In~neral
Deschutes County will not tolerate threats, threatening behavior, or acts of violence by its officers,
employees, agents, or other persons at a worksite against employees, visitors, guests, or other individuals
by anyone. The intent of this policy is to maintain safety and security for all people on all County
worksites.
Any person who makes threats, exhibits threatening behavior, or engages in violent acts will be removed
by law enforcement as quickly as safety permits and shall have no further contact with County employees
pending the outcome of an investigation.
Each County employee is empowered to take immediate action by calling law enforcement
representatives through 9-1-1 emergency responders, to terminate the behavior in progress. Employees
should also report behavior they regard as threatening or violent if that behavior is job-related or might be
carried out on a County-controlled site. After addressing immediate concerns, each employee is
responsible for notifYing his or her immediate supervisor or other DepartmentlProgram manager of
conduct that may constitute workplace violence. This includes reporting any threats, threatening or
violent behavior, or harassment occurring at a Deschutes County worksite or in connection with
Policy No. HR-9, Prevention ofYiolence in the Workplace Page 1
Deschutes County employment. The conduct may be that which 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. If a supervisor is notified of a threat, or receives a threat, the supervisor is
responsible for immediately notifying his or her supervisor, other affected Department/Program
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 of the alleged workplace violence and initiate a timely and appropriate response.
Employees who engage in workplace violence, real or perceived, against co-workers, supervisors, clients,
providers, volunteers, or other individuals associated with Deschutes County are in violation of this
policy. Violations of this policy by an employee will lead to disciplinary action, which may include
reassignment of job duties, suspension, or termination of employment and may include referral to law
enforcement authorities and subsequently result in criminal charges.
Deschutes County will also respond to workplace violence where individuals other than employees are
involved. Appropriate actions may include suspension or termination of business relationships,
suspension or termination of volunteer status, andlor referral to law enforcement authorities and
subsequently result in criminal 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 areas 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 of threatening or violent behavior .
. Incident Response and Followwup------------------------------
A. If circumstances call for immediate action, and in the employee's judgment any delay caused by first
notifying a supervisor may jeopardize his or her, 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 evict an armed person or dangerous person from the
premises.
C. Any supervisor receiving knowledge of a threat or potential threat of violence shall immediately notify
his or her supervisor, unless circumstances call for immediate action, in which case reporting documents
shall be prepared immediately after the threat of danger has passed.
D. The supervisor shall notify managers of other departments/agencies at the worksite, or in other
locations that may be affected, of clients or visitors who are considered a potential immediate threat.
When a supervisor/manager receives knowledge that an individual may pose a threat to employees, the
supervisor/manager will provide staff with a safety plan, including a description of the client or visitor,
and the steps to take if the individual appears. Risk Management can provide assistance with any
departmental safety or response plan.
Policy No. HR-9, Prevention of Violence in the Workplace Page 2
I·L{ I t 1
E. 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 possible without input from the employee. When the employee
becomes available, the supervisor shall thoroughly update the office copy of the report with additional
information.
F. The supervisor shall, within 24 hours, provide a debriefing with affected employees in order to analyze
the incident and receive input from employees on necessary corrective action. The supervisor will use this
information to complete 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 acts of violence, or threats perceived by staff to be of a traumatic nature, supervisors are
encouraged 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 policy,
will be at the direction and coordination of Risk Management. 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 of management would cause unreasonable delay.
1. The supervisor shall 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 ProtocoU Prevention Activities
Protocols and prevention activities are established to provide:
1) Actions to be taken by Deschutes County management and employees to reduce the threat of
2) Steps for departments/programs to take following an incident of violence.
Each 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 armually. Each department must develop and post
individual policies and procedures specific to that department. Each department must provide training for
new employees and volunteers on County and department policies/procedures upon hire. Periodic,
ongoing training programs will be provided by Risk Management or as required by Departmental
assessment.
B. Notify employees of Deschutes County's zero tolerance for workplace violence by posting County
and department policies and procedures in locations visible to employees, contractors, 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. Inform individuals covered by this policy of the incident response procedure and of the Violence
Incident Report Form.
D. Inform individuals covered by this policy that they would not be retaliated against for reporting
workplace violence.
Policy No. HR-9, Prevention ofViolence in the Workplace Page 3
It;;(ll
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 conduct
that is received or witnessed directly or reported by a third party. Every employee or County
representative 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 the client or visitors.
G. fuform 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. fuform employees who apply for or obtain a protective or restraining order that lists County locations
as protected areas they must provide copies of any restraining order documents to their direct supervisor,
who will in turn provide Risk Management with a copy of the restraining order. Risk Management and/or
department managers will evaluate and determine County staff that will be notified to carry out a safety
plan.
1. Inform employees, volunteers, contractors, and visitors who witness conduct 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. Understand individual offices are encouraged to review their departmental emergency plan with Risk
Management and local law enforcement.
Training Components
------A-:-Risk-Mamrgemertta:nu-Cm:mtr"departrn~nrs_wtn~asses·s_the-Ievel~of_risk-within-Deschutes-eountyr---~···--···
worksites and provide job-appropriate information and/or training to employees whose job duties are
likely to expose them to aggressive persons or threats of violence. Workplace violence training will be
provided on a quarterly basis through Risk Management. Risk Management will provide curriculum and
invite non-County professionals to present training materials (e.g., training components addressing
specific classes of violence including domestic violence awareness).
B. Based on an employee's or volunteer's job duties and reasonably anticipated risk of exposure to threats
or acts of violence, some or all of 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 of warning signs of potentially 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 and/or 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 ofViolence in the Workplace Page 4
l(P III
information on some or all of the following topics, 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 Domestic violence--possible indicators of abuse and response.
o How to conduct a critical-incident 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.
o Role of Employee Assistance Program.
o Safety-committee role and other levels of review within the department.
o Clarification and training on what behaviors or acts are inappropriate and constitute violence as
provided by the definitions.
Approved by the Deschutes County Board of Commissioners July 25, 2007
County Administrator
Policy No. HR-9, Prevention of Violence in the Workplace PageS
\"1 [l1