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HomeMy WebLinkAboutDoc 172 - Lease - CO Veterans OutreachDeschutes 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 April 27, 2011 Please see directions for completing this document on the next page. DATE: April 4, 2011 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2011-172, a Lease between Deschutes County as Lessor and Central Oregon Veterans Outreach Inc. as Lessee. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Central Oregon Veterans Outreach Inc. (COVO) is a nonprofit organization founded in 2005. Staff and volunteers provide services and advocate for veterans, especially homeless veterans, in Central Oregon. The organization needs office space and there is space available in the County Downtown Campus. This lease is for approximately 1,800 square feet at 117 NW Lafayette Avenue, commonly known as the Community Development Building. Rent is $800 per month, plus $50 per month for internet connection, plus $80 per month for phone service. County policy authorizes leases to nonprofit organizations that serve the same client base as county departments or programs. COVO meets that criterion. FISCAL IMPLICATIONS: Annual income is $11,160. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2011-172. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: One original to Teresa Rozic for the lessee. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 04/04/2011 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: Contractor Contact: Property & Facilities Central Oregon Veterans Outreach Inc. Chuck Hemingway Type of Document: Lease Goods and/or Services: N/A Contractor Phone #: 541.408.7703 Background & History: Central Oregon Veterans Outreach Inc. (COVO) is a nonprofit organization founded in 2005. It provides services and advocates for veterans, especially homeless veterans, in Central Oregon. This lease is for approximately 1,800 square feet of office space at the CDD Building, 117 NW Lafayette Avenue. Agreement Starting Date: 05/01/2011 Annual Value or Total Payment: Ending Date: 04/30/2014 $11,160 annual income ($9,600 rent, $600 Internet connection, $960 for telephone service) ® Insurance Certificate Received (check box) Insurance Expiration Date: 04/06/2012 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: 4/5/2011 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: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: Signature Distribution of Document: One original to Teresa Rozic for the Lessee +/a -c. Date Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 2011-172 4/4/2011 REVIEWED LEGAL COUNSEL LEASE This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the State of Oregon ("Lessor") and CENTRAL OREGON VETERANS OUTREACH, INC. an Oregon nonprofit corporation ("Lessee"). Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described as follows: Rooms 201, 221b and 221c, approximately two thousand thirty (1,800) square feet of office space located at 117 NW Lafayette Avenue, Bend, Oregon 97701. The parties agree that the terms of this Lease are as follows: 1. Term. The effective date of this Lease shall be May 1, 2011, or the date on which each party has signed this Lease, whichever is later, and shall continue until April 30, 2014, or thirty-six (36) months. Lessor and Lessee each reserve the right to terminate this Lease prior to its expiration with thirty (30) days written notice, given to the other party. Except as otherwise provided in this Lease, if the Lessee is not then in default and with Lessor's approval, Lessee has the option to renew this lease for one (1) year by giving at least thirty (30) days written notice to Lessor prior to the expiration of the lease term. 2. Rent. Lessee shall pay to Lessor as base rent the sum of Eight Hundred Dollars ($800.00) per month, commencing with the date specified in Paragraph 1. Rent may be prorated for the first partial month. The rent payable by Lessee has been established to reflect the savings below market rent resulting from the exemption from taxation. Rent shall be payable on the first day of each month without notice or demand at the office of the Deschutes County Property & Facilities Department, 14 NW Kearney Avenue, Bend, Oregon 97701, or at such other place as may be designated in writing by Lessor. 3. Use of Premises. The Premises shall be used by Lessee for the purpose of operating Lessee's primary business, Central Oregon Veterans Outreach, Inc. 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. 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 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, Lessee shall: Document 2011-172 Page 1 of 6 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 lease as Exhibit A and by this reference are incorporated herein. 6. 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. Lessee may place fixtures, partitions, personal property, and the like in the Premises and may make nonstructural improvements and alterations to the Premises at its own expense. Lessee may be required to remove such items at the end of the Lease term. 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. 7. Maintenance and Repair of Premises. a) Lessor shall perform all necessary maintenance and repairs to the structure, foundation, exterior walls, roof, doors and windows, elevators, emergency lighting, 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 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. Document 2011-172 Page 2 of 6 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. 8. Utilities and Services. 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. Lessee shall provide its own 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 Eighty Dollars ($80.00) per month for telephone service. Lessee shall pay for that service within fifteen (15) days of invoice. b) Unless it is an exempt entity, Lessee agrees to pay property taxes and assessments applicable to the Premises which are due and payable during the term of this Lease or any extension hereof. 9. Liens. a) Except with respect to activities for which the Lessor is responsible, the Lessee shall pay as due all claims for work done on and for services rendered or material furnished to the leased real property and shall keep the real property free from any liens. If Lessee fails to pay any such claims or to discharge any lien, Lessor may do so and collect the cost from Lessee. Any amount so expended shall bear interest at the rate of nine percent (9%) per annum from the date expended by Lessor and shall be payable on demand. Such action by Lessor shall not constitute a waiver of any right or remedy which Lessor may have on account of Lessee's default. b) Lessee may withhold payment of any claim in connection with a good faith dispute over the obligation to pay, so long as Lessor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within thirty (30) days after knowledge of the filing, secure the discharge of the lien or deposit with Lessor cash or a sufficient corporate surety bond or other surety satisfactory to Lessor in an amount sufficient to discharge the lien plus any costs, attorney fees and other charges that could accrue as a result of a foreclosure or sale under a lien. 10. Insurance. a) It is expressly understood that Lessor shall not be responsible for carrying insurance on any property owned by Lessee. b) Lessee will be required to carry fire and casualty insurance on Lessee's personal property on the Premises. Document 2011-172 Page 3 of 6 c) Lessor will carry fire and casualty insurance only on the structure where Premises are located. d) Lessee shall carry commercial general liability insurance, on an occurrence basis; with a combined single limit of not less than $1,000,000 each occurrence, with an annual aggregate limit of $2,000,000. Lessee shall provide Lessor with a certificate of insurance, as well as an endorsement, naming Deschutes County, its officers, agents, and 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 lease. e) Lessee shall provide to Lessor proof of workers compensation insurance. f) Indemnification: Lessor and Lessee shall each be responsible for the negligent and wrongful acts of their officer, agents, employees and invitees. Lessor's liability exposure is restricted by the Oregon State Constitution, Article XI, and Oregon Revised Statutes 30.260 through 30.300, the Oregon Tort Claims Act. 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 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. Following damage, and including any period of repair, Lessee's rental obligation shall be reduced to the extent the Premises cannot reasonably be used by Lessee. 12. 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. 13. 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. 14. 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 Document 2011-172 Page 4 of 6 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). 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: Lessor: Deschutes County Attn: Susan Ross 14 NW Kearney Avenue Bend, Oregon 97701 Phone: 541-383-6713 Lessee: Central Oregon Veterans Outreach, Inc. Attn: Executive Director 117 NW Lafayette Avenue Bend, Oregon 97701 Phone: 541-383-2793 16. Assignment. Lessee shall not assign or sub -rent the premises without the prior written consent of the Lessor. 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 Lease or to enforce any rights or obligations arising from this Lease, 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 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 Document 2011-172 Page 5 of 6 READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LESSOR: Dated this day of , 2011 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ATTEST: ANTHONY DEBONE, VICE -CHAIR Recording Secretary ALAN UNGER, COMMISSIONER LESSEE: Dated this I 9-X day of ,p,(1.. , 2011 CENTRAL OREGON VETERANS OUTREACH, INC. ‘0.4-14, r By: Name L � jd. c- S , -ea tl Title IVA; n: j \ (Zes�� eitit L°C�-�{Z By: Cto.d-12),4-) Name CHA'g- kgto .r,--1 c' Title sC.A v 0 Document 2011-172 Page 6 of 6 Deschutes County Administrative Policy No. GA -7 Effective Date: December 18, 2006. SMOKING POLICY STATEMENT OF POLICY It is the policy of Deschutes County to prohibit smoking in County facilities, consistent with the Oregon Indoor Clean Air Act. APPLICABILITY This policy applies to all Deschutes County personnel and all other individuals who use County facilities. POLICY AND PROCEDURES Consistent with the Oregon Indoor Clean Air Act (ORS 433.835 et. seq., as it currently exists or may from time to time be amended), smoking shall be prohibited in all Deschutes County buildings, facilities, and automobiles, whether owned, leased or controlled. 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. 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. 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. Approved by the Deschutes County Board of Commissioners December 18, 2006. A rime_ Dave Kanner County Administrator Policy # GA -7 Smoking Policy Deschutes County Administrative Policy BLDG -4 Effective Date: January 24, 2007 EMPLOYEE AND VISITOR PARHING 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 permit 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 of this 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 "A" Parking D) Area "D" Parking County/State north employee lot Wall St. employee lot B) Area "B" Parking E) Area "E" Parking County/State east employee lot County/State Fleet Vehicle lot C) Area "C" Parking F) Area "F" Parking Harriman St. 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 # BLDG -4, Employee & Visitor Parking x113 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 comer. If the 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 parked 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 thea $oard of County Commissioners January 24, 2007. Dave Kanner ' County Administrator Policy # BLDG -4, Employee & Visitor Parking -2- 3(13 y 1 GREENWOOD AVENUE 0 :.. _.__.::s,_._..._,..,..-. ._.....w . > ,<_u ,: �>t. .:>s :::,1:1:0:..:0Y -u ,..,,K ??0,:u -."4. > 40,; _.:,D:•. x:,,, ,, i -x:74 r DESCHUTES COUNTY EMPLOYEE PARKING LOTS III AREA 'A' NORTH GO/STAIE EMPLOYEE PAWNS AREA W EAST GO/STATE EMPLOYEE PARKAS • AREA 'G' HARRIM AN STREET EMPLOYEE PAWNS IIIAREA 'D' EMPLOYEE PARKINS 111 AREA Q GOIMM IST VEIIGAL PARKINS AREA %' GOV FLEET VEIK.AL PARKIN& 113 Department of Administrative Services Dave Kanner, County Adrninistrator 1300 NW Wall St, Suite 200, Bend, DR 97701-1960 (541) 386-6570 - Fax (541) 385-3202 www.co.deschutes.or.us JULY 27, 2007 TO: ALL DESCHUTES COUNTY EMPLOYEES FROM: DAVE KANNER, COUNTY ADMINISTRATOR 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 of Citizens by Delivering Quality Services in a Cost -Effective Manner sI I3 w 0 Deschutes County Administrative Policy No. BLDG -1 11 Effective Date: June 28, 2006 FACILITIES MAINTENANCE POLICY STATEMENT OF POLICY It is the policy of Deschutes County 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 finish 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 be 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. Policy # BLDG -1, Facilities Maintenance Page 1 L 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 his/her designee. Approved by the Deschutes County Board of Commissioners June 28, 2006. Dave Kanner County Administrator Policy # BLDG -1, Facilities Maintenance Page 2 0 Deschutes County Administrative Policy No. BLDG -5 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 and/or 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 County Commissioners July 28, 1993. JL? `jC Z,iwv..r.L Dave Kanner County Administrator Policy # BLDG -5, County Facilities Use 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 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 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 Department/Program 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 of Violence 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, and/or 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 Follow-up 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 lb It 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 debriefmg 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. I. 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 Protocol/ 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 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 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 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 of Violence in the Workplace Page 3 11/13 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. Inform employees and volunteers that if they are involved in a non -work related or domestic situation which may pose a risk to the workplace, that they are encouraged to inform their supervisor or Risk Management. This is voluntary. Management will obtain the employee's consent before notifying staff that are determined necessary to carry out a safety plan. H. Inform employees who apply for or obtain a protective or restraining order that lists County 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. I. 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 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 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 of Violence in the Workplace Page 4 ID- /i3: 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 Dave Kanner County Administrator Policy No. HR -9, Prevention of Violence in the Workplace Page 5 �3 1