HomeMy WebLinkAboutLease - CASA of Central Oregon�01ESC
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 10, 2009
Please see directions for completing this document on the next page.
DATE: June 2, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of Signature of Document 2009 -307, a Lease between Deschutes County and CASA of
Central Oregon.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
CASA of Central Oregon provides a trained community volunteer appointed by a judge to represent the
best interests of abused and neglected children in court. The non - profit organization has been leasing
office space in the Deschutes County Juvenile Justice Center since 2004. That lease expires June 30,
2009, and they wish to relocate to the Mike Maier Administration Building.
FISCAL IMPLICATIONS:
Annual rental income will be $2,640.00.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -307.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One fully- signed 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:
June 2, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
Contractor Contact:
Pam Fortier
Department:
Property & Facilities
CASA of Central Oregon, Lessee
Type of Document: Lease for office space
Goods and /or Services: This is a two -year lease.
Contractor Phone #:
389 -1618
Background & History: CASA of Central Oregon provides a trained community
volunteer appointed by a judge to represent the best interests of abused and neglected
children in court. The non - profit organization has been leasing office space in the
Deschutes County Juvenile Justice Center since 2004. That lease expires June 30, 2009,
and they wish to relocate to the Mike Maier Administration Building.
Agreement Starting Date:
July 1, 2009
Annual Value or Total Payment:
Ending Date:
June 30, 2011
Annual rental income will be $2,640.00.
® Insurance Certificate Received (check box)
Insurance Expiration Date:
02/02/2010
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:
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
6/2/: 009
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa ozic, Property Specialist9Phone #: 385 -1414
(4, (t)q
Signature ate
Distribution of Document: One fully- signed original to Teresa Rozic for Lessee.
Department Director Approval:
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 2009 -307
6/2/21 09
REVI ._prU
LEGAL COUNSEL
LEASE
This Lease is made by and between DESCHUTES COUNTY, a political subdivision of the
State of Oregon ( "Lessor ") and CASA of CENTRAL OREGON, a nonprofit corporation
( "Lessee ").
Lessor hereby leases to Lessee and Lessee takes from Lessor the "Premises" described
as follows:
Approximately Five Hundred Four (504) square feet of first floor office space located at
1130 NW Harriman Street, 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 July 1, 2009, and shall continue until
June 30, 2011, or twenty -four (24) 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.
2. Rent. Lessee shall pay to Lessor as base rent the sum of Two Hundred Twenty
Dollars ($220.00) per month, commencing with the date specified in Paragraph 1.
Rent may be prorated for the first partial month. 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. Lessee may use the Premises for business offices and other
lawful purposes, subject to obtaining any required permits.
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:
a) Conform to all applicable laws and regulations affecting the Premises an,i
correct at Lessee's own expense any failure of compliance created throug
Lessee's fault or by reason of Lessee's use of the Premises. Lessee shall not b,;
required to make any structural changes to affect such compliance, unless suc i
changes are required because of Lessee's specific use.
CASA 2009- *9c4-5131
Page 1 of 6
DC 2009-:;07
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 commor
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 o?
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 th3
Premises, obtaining required permits and inspections from Codes enforcemer t
authorities, and shall keep the Premises, improvements, grounds and landscaping
in good repair and appearance replacing dead, damaged or diseased plant
materials when necessary.
CASA 2009 -1,94 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 water, sewer, gas, electricity, Internet service and trash
removal service for the Premises and janitorial services for the common areas of the
building. Lessee shall provide its own telephone service and janitorial services for
the Premises.
Lessee's charges for utilities and Internet service are incorporated into the rent
payment.
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.
CASA 2009-1fr4 Page 3 of 6
b) Lessee will be required to carry fire and casualty insurance on Lessee's personal
property on the Premises.
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 $500,000 each occurrence, with
an annual aggregate limit of $1,000,000. 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 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' 3
written approval, Lessee may leave site improvements authorized by any land us,�
or building permit. Lessee's obligation to observe and perform this covenant sha I
survive the expiration or the termination of the Lease.
CASA 2009 -124 Page 4 of 6
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 perform the obligation within such period and continues diligently tc
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: 383 -6713
Lessee: CASA of Central Oregon
Attn: Executive Director
1130 NW Harriman Street
Bend, OR 97701
Phone: 389 -1618
16. Assignment. Lessee shall not assign or sub -rent the premises without the prier
written consent of the Lessor.
17. Attorneys' Fees. In the event a suit or action of any kind is instituted on behalf cif
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 legr{I
authority to bind their respective principals to the terms, provisions and obligations
contained within this agreement.
CASA 2009 -94 Page 5 of 6
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 READ THIS LEASE, UNDERSTANDS IT, AND AGREES TO
BE BOUND BY ITS TERMS AND CONDITIONS.
Dated this day of , 2009
LESSOR:
ATTEST:
Recording Secretary
Dated this 3
LESSEE:
CASA 2009 -19(
day of
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
CASA of Central Oregon
Beim..
Pam Fortier
Executive Director
, 2009
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.
Dave Kanner
County Administrator
Policy # GA -7 Smoking Policy
ui
Deschutes County Administrative Policy BLDG-4
{ Effective Date: January 24, 2007
EMPLOYEE AND VISITOR PARKING
STATEMENT OF POLICY
It is the policy of Deschutes County to ensure adequate visitor parking by requiring employee
and employees of tenants in county buildings to park only in those areas designated for 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
a-
5. All County employees and employees of County tenants will have a
Deschutes County parking sticker for each of their private vehicles. This
sticker shall be placed on the front windshield on the lower right hand corner.
If the windows are heavily tinted the sticker mayl be placed in the rear
window, lower right hand corner. 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 the; Board of County Commissioners January 24, 2007.
- I
Dave Kanner
County Administrator
Policy # BLDG -4, Employee & Visitor Parking
3
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NORTON AVENUE
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DESCHUTES COUNTY
EMPLOYEE PARKING LOTS
IIAREA 'A' NORTH CO/STATE EMPLOYEE PARKINS
AREA W EAST GO/STATE EMPLOYEE PARKINS
• AREA 16 HAP:RIP-IAN STREET 13.1PLOYEE PARKINS
03
111 AREA TY EMPLOYEE PARKINS
AREA 'El COUNTY MEET VENICAL PARKIN6
• AREA
'P ODD FLEET VEHICAL PARKINS
Department of Administrative Services
Dave Kanner, County Administrator
1300 NW Wall St, Suite 200, Bend, OR 97701 -1960
[541) 388 -6570 - Fax (541) 385 -3202
www.co.deschute, .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
51 L3
Deschutes County Administrative Policy No. BLDG -1
{ 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
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
� 11-3
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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.
Dave Kanner
County Administrator
Policy # BLDG -5, County Facilities Use
TES Deschutes County Administrative Policy No. HR-9
wy 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
�° 113
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.
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E. The worksite supervisor shall ensure that the employee receiving any threat or act of violence initiates
a "Violence Incident Report Form." If the employee will not be available within 24 hours, the supervisor
shall complete the form as thoroughly as possible without input from the employee. When the employee
becomes available, the supervisor shall thoroughly update the office copy of the report with additional
information.
F. The supervisor shall, within 24 hours, provide a debriefing with affected employees in order to analyze
the incident and receive input from employees on necessary corrective action. The supervisor will use this
information to complete the supervisor's section of the "Violence Incident Report Form." The supervisor
shall obtain the safety committee's review of the incident consistent with the depaitiiient'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 depai anent 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
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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
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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