HomeMy WebLinkAboutDoc 567 - Assign License - Coffee Shop - CtrhsDeschutes 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 December 3, 2012
Please see directions for completing this document on the next page.
DATE: November 21,2012
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of signature by Interim County Administrator of Document 2012-567, an Assignment of
Revocable License.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Anderson Legal Grounds has occupied space at the Justice Building, 1100 NW Bond St, Bend, since
2009, under the terms of a Revocable License. Mrs. Anderson provides food and beverage service in
the State Courts area on the second floor. Mrs. Anderson is selling the coffee shop business to Mr.
Casey Carnahan and, according to the terms of the license, formally requests Deschutes County's
approval to assign her rights to Mr. Carnahan.
Staffhas reviewed the sales agreement and confirmed that Mr. Carnahan is licensed to conduct the
business.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Board authorize Interim County Administrator to sign Document 2012-567.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Two originals to Teresa Rozic for the Licensee and Assignee.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn 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 Fonn is also required. If this fonn 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 fonn with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 109/26/20121 Department: IProperty & Facilitie~
Contractor/Supplier/Consultant Name: Case Carnahan Assi ne
Contractor Contact: I I Contractor Phone #: 541-42Q-65601
Type of Document: Assignment of Revocable License
Goods and/or Services: NIA
Background & History: Anderson Legal Grounds has occupied space at the Justice
Building, 1100 NW Bond St, Bend, since 2009, under the terms of a Revocable License.
Mrs. Anderson provides food and beverage service in the State Courts area on the
second floor. Mrs. Anderson is selling the coffee shop business to Mr. Casey Carnahan
and, according to the terms of the license, formally requests Deschutes County's
approval to assign her rights to Mr. Carnahan.
Agreement Starting Date: !10101/20121 Ending Date: \06130/2014\
Annual Value or Total Payment: INone!
o Insurance Certificate ReCeiVjd (ChjCk box)
Insurance Expiration Date:
N/A
Check all that apply:
o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes cg] No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
9/26/2012
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: er a Rozic Phone #: 541-385-1414
Department Director Approval: J1~'A/L---otfN(~I~
Signature Date
Distribution of Document:
Two originals to Teresa Rozic for the assignee and licensee
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-'
Legal Review Date
Document Number 2012-567
9/2612012
REVIEWED
LEGAL COUNSEL
ASSIGNMENT OF REVOCABLE LICENSE
WHEREAS, DESCHUTES COUNTY (Licensor) and ANDERSON LEGAL GROUNDS, LLC
(Licensee) entered into a Revocable License with an effective date of July 1,2011 (DC 2011
221) attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, Licensee has requested the assignment of Licensee's interest in the License to
CASEY CARNAHAN, an individual, under the same terms as the License, and Casey Carnahan
has indicated his agreement to the assignment;
NOW THEREFORE, the parties agree as follows:
1. Licensee's interest in the Revocable License between Deschutes County and Licensee,
dated effective July 1, 2011, is hereby assigned to CASEY CARNAHAN under the
original tenns.
2. CASEY CARNAHAN accepts the assignment of Licensee's Revocable License and
agrees to be bound thereby. From and after the effective date of this assignment,
Licensee shall no longer be bound by the License. Notwithstanding the foregoing, any
liability or obligation of Licensee existing on the date of this assignment shall survive this
assignment and continue uninterrupted.
3. The effective date of this Assignment of Revocable License shall be December 15,
2012. All references in the License to Licensee shall mean CASEY CARNAHAN.
LICENSEE:
Anderson Legal Grounds, LLC
Date: \\ - \ ~ -\ d.By ~'I~1.t!Ul..W\
ASSIGNEE:
Date: (' -1'-1-\'L
C
LICENSOR:
Deschutes County
By: __~______________________ Date: ___________________
Tom Anderson
Interim County Administrator
ey Carnahan
DC 2012-567 Page 1 of 1
"r J
DESCHUTES COUNTY OfFICIAL RECORDS '" 'lft11 ItA,!
NRNCY BL.ANkENSHIP. COUNTY CLERK W 'IJ .~ufiiilii' 06/06/201110:57:41111
REVOCABLE LICENSE
DESCHUTES COUNTY a political subdivision of the State of Oregon ("licensor") hereby grants
to ANDERSON LEGAL GROUNDS, LLC, an Oregon limited liability company ("licensee"). a
non-exclusive revocable license to use County real property, described as approximately Two
Hundred (200) square feet of space designated by licensor on the second floor of the Justice
Building located at 1100 NW Bond Street. Bend, Oregon 97701, together with necessary
ingress and egress for such space, referred to herein as "the Premises."
RECITALS
Deschutes County is willing to grant licensee a non-exclusive, revocable license so that
licensee may use the Premises to operate a food establishment, as defined in Oregon
Administrative Rules (OAR) 333-150-0000, 1-201.10(B)(31).
NOW THEREFORE. this nonexclusive, revocable license is granted upon the following terms
and conditions:
1. Term. The effective date of this License shall be July 1, 2011, or the date on which each
party has signed this license, whichever is later, and shall continue until June 30, 2014
("initial term"). licensor and Licensee each reserve the right to terminate this License
prior to its expiration with thirty (30) days written notice, given to the other party.
Except as otherwise provided in this license, if the Licensee is not then in default and
with licensor's approval, licensee has the option to renew this license for three (3)
years by giving at least thirty (30) days written notice to Licensor prior to the expiration of
the initial term.
2. Rent. In exchange for the benefit the Licensee's service provides to the general public
and public employees, licensor shall not charge licensee rent during the term of this
License.
3. Use of Premises. The Premises shall be used by licensee for operation of a food
establishment. as defined in OAR Chapter 333, Division 150. Licensee shall offer for
sale to the general public food and beverages, including, but not limited to, sandwiches,
soup, pastries, and fruit, as well as coffee, tea. soft drinks and juices. Licensee shall
furnish customer seating and tables. Licensee shall provide all necessary materials and
supplies for food and beverage preparation, service, and sanitation. Licensee shall
operate such use during the hours of 7:00 a.m. until 4:00 p.m. Monday through Friday.
except Deschutes County holidays.
The Premises shall be used by licensee for the purpose of operating licensee's primary
business, Anderson Legal Grounds, LLC. Licensee, its principals or agents shall not use
the Premises to operate a business other than that specified in this License and shall not
use the Premises address as the business or mailing address for any other business
than that specified in this License without obtaining the Licensor's written consent in
advance. .
DC 2 0 11 . 221
DC 2011-221 Page 1 of7 .....
4. Parking. Licensee, its employees, and clientele shall have a nonexclusive right to
access and utilize vehicle unassigneq public parking spaces in County parking lots.
Licensee's employees will be required to adhere to the County Parking Policy and
Regulations, which County in its sole discretion may amend from time to time.
5. Restrictions on Use. In connection with the use of the Premises, Licensee shall:
a) Conform to all applicable laws and regulations affecting the Premises and correct at
Licensee's own expense any failure of compliance created through Licensee's fault or by
reason of Licensee's use of the Premises. Licensee shall not be required to make any
structural changes to affect such compliance, unless such changes are required
because of Licensee's specific use.
b) Refrain from any use which would be reasonably offensive to the Licensor, other
licensees, tenants, or owners or users of adjoining premises or unoccupied portions of
the premises, 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 the premises and adjoining common area from
damage.
e) Be responsible for removing any liens placed on said property as a result of
Licensee's use of licensed premises.
f) Comply with Licensor's policies regarding smoking, parking, fragrances, facilities
maintenance, facilities use and violence in the workplace. Those pOlicies are attached
to this License as Exhibit A and by this reference are incorporated herein.
6. licensee's Obligations. The following shall be the responsibility of the Licensee:
a) Licensee shall not be required to make structural repairs that would place the
Premises in a better condition than at the commencement of this License. Licensee may
place partitions, personal property, and the like in the Premises and may make
nonstructural improvements and alterations to the Premises at its own expense.
Licensee may be required to remove such items at the end of the License term.
Licensee must obtain Lessor's express authorization prior to placing a fixture on the
Premises.
b) Licensee, at its expense, shall keep Licensee's equipment and facilities in a first
class repair, operating condition, working order and appearance. Licensee shall also be
responsible for any repairs to other property necessitated by its negligence or the
negligence or wrongful acts of its agents, employees and invitees.
c) Any repairs or alterations required under Licensee's obligation to comply with laws
and regulations as set forth in "Restrictions on Use" above.
d) Licensee warrants the honesty and integrity of all personnel Licensee employs or
authorizes to operate Licensees business on the Premises. Licensee shall notify
DC 2011-221 Page 2 of7
Licensor in writing in advance of any changes in personnel having access to the
Premises, including without limitation suspension, termination or resignation. Subject to
security policies, practices and procedures, Licensee shall have access to and through
Licensor's security access system and shall be responsible for retrieving access keys
from Licensee's personnel who are no longer Licensee's authorized employees or
representatives on the Premises.
e) Licensee's signage and decorative accessories may be provided but must be
approved by the licensor prior to installation. Interior wall-mounted or free-standing
signs and decorative accessories may also be allowed. but must not interfere with public
traffic flow or County and State message boards. Placement of exterior signs. whether
wall-mounted or free-standing, will be subject to the prior approval of the COl!nty's
Building Services Division. Building Exterior signs, if allowed. must also comply with the
City of Bend sign code and be installed in accordance with all related City of Bend permit
regulations. Printed flyers, menus, notices, announcements, and other promotional
materials may be distributed among the neighboring buildings of the County's complex
for the purposes of increasing customer traffic with prior approval of the licensor.
7. Maintenance and Repair of Premises.
a) Licensor shall perform all necessary maintenance and repairs to the structure,
foundation, exterior walls, roof. doors and windows, elevators, emergency lighting, and
Licensor-provided fire extinguishers, sidewalks, and parking area which are located on
or serve the Premises. Licensor shall maintain the premises in a hazard free condition
and shall repair or replace, if necessary and at Licensor's sole expense, the heating, air
conditioning, plumbing, electrical, and lighting systems in the Premises, obtaining
required permits and inspections from Code 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.
b) Should Licensor fail to maintain the Premises in accordance with above
requirements, and after at least fourteen (14) days prior written notification to Licensor,
Licensee may terminate the license.
c) Licensee shall maintain its facilities and equipment on the Premises so as to impact
in the least possible way Licensor's equipment, facilities and personnel. Licensee shall
also secure its personal property on the Premises in a clean, safe and sanitary condition
when not in use and at the close of daily business.
e) Licensee 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
License, excepting only reasonable wear, permitted alterations, and damage by fire or
other casualty.
8. Utilities and Services. Licensor 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. Licensee shall provide its own
janitorial services for the Premises. Licensee will pay Licensor Twenty-five Dollars
($25.00) per month in consideration for Licensee's use of an Internet connection.
licensee shall pay such amount within fifteen (15) days of invoice.
DC 2011-221 Page 30f7
9. liens.
a) Except with respect to activities for which the Licensor is responsible, the licensee
shall pay as due all property taxes, aI/ claims for work done on and for services rendered
or material furnished to the licensed premises and shall keep the property free from any
liens. If licensee fails to pay any such claims or to discharge any lien, licensor may do
so and collect the cost from licensee. Any amount so expended shall bear interest at
the rate of nine percent (9%) per annum from the date expended by licensor and shall
be payable on demand. Such action by licensor shall not constitute a waiver of any
right or remedy which Licensor may have on account of licensee's default.
b) Licensee may withhold payment of any claim in connection with a good faith dispute
over the obligation to pay, so long as licensor's property interests are not jeopardized.
If a lien is filed as a result of nonpayment, licensee shall, within thirty (30) days after
knowledge of the filing, secure the discharge of the lien or deposit with licensor cash or
a sufficient corporate surety bond or other surety satisfactory to licensor 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.
a) It is expressly understood that Licensor shall not be responsible for carrying
insurance on any property owned by licensee.
b) Licensee will be required to carry fire and casualty insurance on Licensee's personal
property on the Premises.
c) Licensor will carry fire and casualty insurance only on the structure where Premises
are located.
d) Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260
through 30.300, and the Oregon Constitution, Article XI, Section 7, Licensee shall carry
commercial general liability insurance, on an occurrence basis with a combined single
limit of not less than limitations set forth in ORS 30.271. Licensee may fulfill its
obligations through a program of self-insurance pursuant to applicable law. Licensee
shall provide licensor with a certificate of insurance, as well as an endorsement, naming
Deschutes County, its officers, agents, employees and volunteers as an additional
insured. There shall be no cancellation, termination, material change, or reduction of
limits of the insurance coverage during the term of this license.
e) Licensee shall provide to licensor proof of workers compensation insurance or a
legally established program of self-insurance for workers compensation claims.
f) Indemnification: Licensor and Licensee shall each be responsible for and defend,
indemnify and hold the other harmless for losses, costs or claims due to the negligent
and wrongful acts of their employees, agents and invitees. Licensor's liability exposure is
limited by the Oregon Constitution, Article XI, and Oregon Revised Statutes 30.260
through 30.300.
11. 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
DC 2011-221 Page 4 of7
Licensed. and if repairs cannot reasonably by made within ninety (90) days, Licensee
may elect to cancel this License. Licensor shall in all cases promptly repair the damage
or ascertain whether repairs can be made within ninety (90) days. and shall promptly
notify Licensee of the time required to complete the necessary repairs or reconstruction.
If Licensor's estimate for repair is greater than ninety (90) days. then Licensee, upon
receiving said estimate will have twenty (20) days after such notice in which to cancel
this License. Following damage. and including any period of repair, Licensee's rental
obligation shall be reduced to the extent the Premises cannot reasonably be used by
Licensee.
12. Surrender of Licensed Premises. Upon abandonment. termination. revocation or
cancellation of this License or the surrender of occupancy of any portion of or structure
on the Licensed premises, the Licensee shall surrender the real property or portion
thereof to Licensor in the same condition as the real property was on the date of
possession. fair wear and tear excepted, except, that nothing in this License shall be
construed as to relieve Licensee of Licensee'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
Licensee or occurred during the term of this License. Upon Licensor's written approval.
Licensee may leave site improvements authorized by any land use or building permit.
Licensee's obligation to observe and perform this covenant shall survive the expiration
or the termination of the License.
13. Nonwaiver. Waiver by either party of strict performance of any provision of this License
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.
14. Default. Neither party shall be in default under this License 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 (other than payment) 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
License 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 Licensee makes any such expenditures as the non-defaulting party, those
expenditures may be applied to monthly rent payments(s).
15. 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:
Licensor: Deschutes County
Attn: Susan Ross
14 NW Kearney Avenue
Bend. Oregon 97701
Phone: 541.383.6713
DC 2011-221 Page 5of7
Licensee: Anderson Legal Grounds LLC
Brandy Anderson
20498 Jacklight Lane
Bend, Oregon 97702
Phone: 541.280.1588
16. Assignment. Licensee shall not assign or sub-rent the premises without the prior written
consent of the Licensor.
17. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf of either
party to obtain performance under this License or to enforce any rights or obligations
arising from this license, each party will be responsible for paying its own attorney fees.
18. 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.
19. MERGER.
THIS LICENSE CONSTITUTES THE ENTIRE LICENSE BETWEEN THE PARTIES.
NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS
LICENSE 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 WRITIEN, NOT SPECIFIED HEREIN
REGARDING THIS LICENSE. LICENSOR, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT LICENSOR
HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS.
LICENSOR:
Dated this I ~day of ~ •2011
BOARD OF COUNTY COMMISSIONERS
OF DES HUTES COUNTY, OREGON
ANTHONY DEBONE, VICE-CHAIR A TIEST: 1rZ....A /, •. (f~I) t:JMUA--attt--~
Recording Secretary ALAN UNGER. COMMISSIONER
MORE SIGNATURES FOLLOW
DC 2011-221 Page 60f7
LICENSEE:
IDated this \ 0 day of m~ 2011
ANDERSON LEGAL GROUNDS, LLC
BY~)JI,\I -m :A.uAuu,£f)
Brandy derson
DC 2011-221 Page 7of7
Deschutes County Administrative Policy No. GA-7
Effective Date: October 7, 2009
SMOKING/TOBACCO USE POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County to restrict or prohibit tobacco use on specified County
property, consistent with the Oregon Indoor 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 any 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 allow 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. In addition, the
Conununity Development building at 117 NW Lafayette Avenue and the Mike Maier County
Services building, 1130 NW Harriman Street, shall maintain a 100% tobacco-free campus due to
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 ofthls policy.
At the Sheriff's Department and Jail, special arrangements regarding designated smoking areas
may be made at the discretion of the 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.
~I..~ed by th Deschutes County Board of Commissioners on October 7.2009.
"l-)~ '"
Dave Kanner
County Administrator
i CUt) UOJ( J GilLin.; Puiley Exhibit "An DC 2011-221 Page 1 of13
··I~---------------
DESCHUTES COUNTY
DOWNTOWN BEND
CAMPUS MAP
Map Date: OcIober 2009
1· DESCHUTES SERVICeS BUILDING
State Dep.rtment of Human Services
State Dej:)lIrtmenl of Justice
Desc:hu!es County Board of CommissionelS
Oe$dIutes County Personn.,.
Desc:hules County Legal Counsel
Desc:hules County FlNnoIfI'ax
Desc:hules County At.sessor
Desdlutos County Clelk
[:=J Tobacco Free Zones
till dd"hrllltlili IB
01 111111111 0 I /111111111111111 U
011111111110111111111111111110
K~RNEY
GREENWOOD AVENUE
2· PROPERTY & fACILITIES &
INFORMATION TECHNOLOGY
Property Management
BuiJcling Malnlenance
InfarmaUan Teclmology
eeogrBPhlc Informallon Systems
I¥chives
MlilCenler
Warehouse
3-CASCADE PEER & Sl!LF Hap
CENTER
.(.. COMMUNITY DEVELOPMENT
Building Division
Code Enforcement
ErMronmenlai Hellllh
DMsiQn
5-MIKE MAIER COUNTY SERVICES 7-COURTHOUSE
BUILDING DlsIrlct Attorney
Commission an Chndren aAd i!amllea Victims Assistance
!.alino Community Association
United Way
Family Resource Center
Mary's Place
Veterans' Service!'
CASA of Central Oregon
&-COURTHOUSE ANNJl!X
watarrnaster
Rainbow Clubhouse
Menial Health Community Support
Stale Court Records
~ry Assembly
8-JUSTICE BUILDIN(
ClftUll Court
Traffic Coul1lnfonnalil :'I
9-OQlMllTO\I\IN HEAL "Ii CLINIC
10-WALL STREET st RVK:ES
eUlI.DINO IA8HA iMernal Health SenIor I: ervIces
LawUbrary
I
Deschutes County Administrative Policy BLDG-4
Effective Date: January 24, 2007
E:MPLOYEE AND VISITOR PARKING
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure adequate visitor parking by requiring employee
and employees oftenants 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. Countyparldng lots referred to will be limited to the
following areas and that are highlighted on the parking lot map (Attachment A):
A) Area "A" Parking D) Area "D>I Parking
County/State north employee lot Wall S1. employee lot
B) Area ''B'' Parking B) Area "E" Parking
County/State east employee lot County/State Fleet Vehicle lot
C) Area "C" Parking F) Area ''P'' Parking
Harriman St. employee lot CDD Fleet Vehicle lot
The parking regulations for County employees and employees ofCounty tenants are as foHows:
1. Employee parking is provided free ofcharge to ail County employees
and employees of County tenants.
2. All ofthe parking lots listed above will be patrolled on a regular basis.
A Notice ofParking Violation will be issued to County employees or
employees ofCounty tenants who violate the parldng policy. .
3. At various locations there are parking spaces that are marked "Restricted".
An.y County employee or employee ofCounty tenant who parks their vehicle
there and are not authorized to do so will be subject to a Notice ofParking
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, ifthere are not adequate parking spaces available for customers,
they have the right to park in the "Permit Parking" areas.
Policy fI BLDO-4, Employee & VISitor Parking -1
5. All County employees and employees ofCounty tenants will have a
Deschutes County parking sticker for each of their private vehicles. This
sticker shallbe placed on the front windshield on the lower right hand comer.
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 PFked in any ofthe above listed County employee
parking IQts. The sticker number. license plate number, owner's name, day
time phone number and department shall be provided to Building Services.
Any changes ofvehicle, change of department. or discontinued employment
by the vehicle owner shall be reported to Building Services.
6, All County employees and employees ofCounty tenants shall park in the
parking spaces that are clearly signed ''Permit Parking Only." Any County
employee or employee ofa County tenant that parks his or her private
vehicle in "Visitor Parking" will be issued a Notice ofParking Violation.
7. All County and State fleet vehicles are to be parked in the designated fleet
parking areas only.
Procedure Wllen Notice of Violation is Issued
Elected officials. department heads and managers are charged with the responsibility ofmaking
employees aware oftbe rules and regulations ofthis policy.
Employees have a shared responsibility with management to work consistently toward following
the rules and regulations of this policy. When a Notice ofParking Violation is issued to an
employee vehicle. a copy ofthe notice shall also be sent to the employee's supervisor. The
supervisor shall be responsible for counseling the employee about the terms ofthis policy and
placing the notice ofviolation in the employee's personnel file.
An employee who receives three notices ofviolation 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.
Dave Kanner
County Administrator
Policy # BLDCl4, Bmployeo 8& Visitor Parkins -2
I
I
I
,/
..-N
W-~LE 1~
.S
PARK
I<EAflNCY Ave.
I
I
I
!
I
I
I
I
I
I
i
t
I
I
I!
;:::.t,.t.1't~-~UQk~~""~~:"~~~~~~~~~I1;j~··oo-"r1G>'It¢"AI'.)Q~~~~.tr~7A.f.;~~;tI)!\taW'~~~~t
DESCHUTES COUNTY
EMPLOYEE PARKING LOTS
~~.BwFl.O'I'EB p~ II
MEA E" t::c:UlN' Fu:er veooAL PARKINS I
MEA P COD FLeI!T ~pARJ('.l)lS \
... , ..'. ..... .' ....__J
Department of Administrative Services
Dave Kanner, County Administrator
1300 NWWallSt, 8uite aDD, Bend, OR 87701·1880
(541) 388-6670· Fax (541] 385-3202
www.co.deschutes.or:us
JULy 27,2007
TO: ALL DESCHUTES COUNTYBMPLOYEES
FROM: DAVB KANNER, COUNTY ADMINISTRATO~
RE: FRAGRANCES IN THE WORKPLACE
Recognizing that employees and visitors to our offices may.have sensitivity andlor
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 ofCitizens by Delivering Quality Services in a Cost-Effective Manner
I
Deschutes County Administrative Policy No. BLDG-l
Effective Date: June 28, 2006 .
FACfi.;ITIES MAINTENANCE POLICY
STATEMENT OF POLICY
It is the policy ofDeschutes County to maintain continuity ~d appearance of county
facilities, facilitate ease of maintenance, extend the life of assets, and to establish
consistent standards for use ofCounty 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 ofspaces. This will allow flexibility in the future ifthe 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 heatinwcooling 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 indlvidual offices are to be painted the standard c010r(s) as
established by Building Services. All painting must btl 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.
,
:
I
l
IPolicy i# BLlXJ..l, Facililics Mailltensneo Pagol l
I
.!
1... /, ?.
8. Services ofoutside 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 tbis policy must be approved by the County Administrator or bis/her
designee.
~~tOOCty_rdOf=-onernJuna28'2M6'
Dave Kanner .
County Administrator
I
I
PoUcy f# BLDG-I. FaCl1itles Maintenance Page 2
~Deschutes Coun~Administrative Polley No. BLDG-5o < Effective Date: July 28, 2003
COUNTY FACILITIES USE POLICY
STATEMENT OF POLICY
It is the policy of Deschutes County that County facilities are to be used"only for County and/or
governmental-associated activities.
APPLICABILITY
This policy applies to all users of Deschutes County meeting facilities.
POLICY AND PROCEDURES
Deschutes County facilities are only to be used for County andlor
governmental associated activities. Hearings rooms and conference rooms are to be
reserved on a first-come basis to government agencies, persons, and groups having a
direCt affiliation with Deschutes County, such as the Deschutes County Planning
Commission, Library Board of Trustees, Community Corrections Advisory Committee,
State Courts, U.S. Forest Service, etc.
Exceptions to this facilities Use policy must be approved by the Board of Commissioners.
Approved by the Deschutes COlmty Commissioners July 28, 1993.
I. ,
,\. .
)o••:>(~~\
Dave Kanner
COlmty Administrator
Policy # BLOO-S.CounIyFacili!ies Usc
Deschutes County Administrative Policy No. BR-9
Effective Date: July 25, 2007
. PREVENTION OF VIOLENCE IN THE WORKPLACE
STATE'MENf OF POLICY .
It is the policy of Deschutes County that there is zero tolerance ofthreats, 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.
POLlCY AND PROCEDURES
Definitions
A. Harassment: A form of behavior that to a reasonable person is intimidating, hostile, tbreatening.
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, Comty-owned vehicles, personal vehicles when used within the course and
scope ofconducting 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 defmition 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 General
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
workaites.
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 Comty 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 I
should also report behavior theY regard as threatening or violent ifthat behavior is job-related or might be
Iearned out on a County-controlled site. After addressing in;nnediate concerns, each employee is
responsible for notifying his or her immediate supervisor or other Department/Program. tOanager ot 1 ;
conduct that may constitute workplace violence. This includes reporting any threats. threatening or I
I
Iviolent behavior, or ~sment occurring at a Deschutes Comty worksite or in connection with
Policy No. HR-9. Prevention ofViolence in the Workplace Page 1
~
911"'3
i
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. Ifa supervisor is notified ofa 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 C01lllty 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 COtmty locations as
protected areas must provide copies of any restraining order documents to their direct supervisor.
Supervisors must report restraining, order docutnents 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 Follow-up
A. Ifcircumstances 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 COtmty representative, shall
take any action that win 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 ofdanger 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
supervisorlmanager 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
departmenfal safety or response plan.
Policy No. HR-9. Prevention of Violence in the Workplace Page 2
It) Il~
E. The worksite supervisor shall ensure that the employee receiving any threat or act ofviolence initiates
a IIViolence Incident Report Form." Ifthe employee win not be available within 24 hours, the supervisor
shall complete the fann 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 ~
the incident and receive input from employees on necessary corrective action. The supervisor will use this
information to complete the supervisor's section of tho IlViolence Incident Report Fonn." 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 ofmanagement would cause unreasonable delay.
1 The supervisor shall forward, within 24' hours, a copy of the IIViolence Incident Report Form,"
completed as thoroughly as possible. to the Risk Management office. Risk Management will provide
incident information to County Administration.
General ProtocoY 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
workplace violence;
2) Steps for departmentslprograms 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 annually. 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 bite. 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 infonn individuals covered by this policy of the requirements and procedures
to report all tbreats or violence encountered during their work with Deschutes County. .
I
C. Inform individuals covered by this policy of the incident response procedure and of the Violence rIncident Report Fann.
D. Inform individuals covered by this policy that they would not be retaliated against for reporting
workplace violence.
Policy ND. HR-9, PreventiDn ofViDlence in the Workplace IPage 3
I
I InII ~
}
r t
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. Tbis 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 Comty 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 ofthe client or visitors.
G. Inform employees and volmteers that if they are involved in a non-work related or domestic situation
wbich may pose a risk to the workplace, that they are enccuraged 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 locations
as protected areas they must provide copies of any restraining order documents to their direct supervisor,
who will in tum provide Risk ~anagement with a copy of the restraining order, Risk Management andlor
department managets will evaluate and determine Comty stq.ff that will be notified to carry out a safety
plan.
I. Inform employees, volunteers, contractors, and visitors who witness conduct wbich 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 Management and County departments will assess the level of risk within Deschutes County
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 throngh 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 domestio 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 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 workandlortravel 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
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.
a Role ofEmployee Assistance Program.
a Safety-connnittee role and other levels ofreview within the department.
a Clarification and training on what behaviors or acts are inappropriate and constitute violence as
provided by the definitions. I
Approved by the Deschutes County Board ofCommissioners July 25,2007 f
i
lCounty Administrator l
t
J
[
I
1
I
I
f
I
r
I
Policy No. HR.-g, Prevention of Violence in the Workplace PageS
r
l3/13 I