(Amended by Ordinance Nos. 187060 and 187984, effective October 14, 2016.)
A. The Bureau of Internal Business Services shall be supervised by a Director who shall report to the CAO. The Bureau of Internal Business Services consists of CityFleet, Facilities Services, Printing and Distribution Services and Risk Management. The Bureau of Internal Business Services provides facilities, fleet, printing and distribution and risk management services for the City; manages and maintains the Portland Oregon ™ sign and all associated intellectual property; and any other duties assigned by the CAO. The Bureau of Internal Business Services shall be responsible for the CityFleet Operating Fund (PCC 5.04.180), the Facilities Services Operating Fund (PCC 5.04.185), the Printing and Distribution Services Operating Fund (PCC 5.04.200), the Insurance and Claims Operating Fund (PCC 5.04.230), the Worker’s Compensation Self Insurance Operating Fund (PCC 5.04.240) and other assigned funds.
B. The Bureau of Internal Business Services Director shall be authorized to:
1. Determine the City’s equipment or leasing needs and determine appropriate methods of funding and financing such needs.
2. Execute real property agreements including, but not limited to, easements, permits, licenses and leases, and amendments or renewals of such real property agreements.
3. Execute intellectual property license agreements for use of the Portland Oregon ™ sign. Develop, adopt and maintain an Acceptable Use policy and fee schedule for licensing of the Portland Oregon ™ sign. Maintain, protect, and enforce the City’s intellectual property rights in the Portland Oregon ™ sign.
4. Coordinate advance payments for building rentals. In cases where building space has been or shall be rented by the City on lease or on a month-to-month basis and the owner requires advance payment of rentals or a security deposit, the Auditor hereby is authorized to audit and allow such advance payment of rentals or security deposit, provided that advance payments of rentals shall be for a period of not to exceed 31 days.
5. Develop and enforce Rules of Conduct for City Buildings, and require all persons to obey the Rules of Conduct. City buildings, includes all real properties placed under the facilities management of the Office of Management and Finance. Any person who fails to comply with the Rules of Conduct for City Buildings, or the reasonable direction of the Person-in-Charge, may be excluded as provided in this Section.
a. Person-in-Charge is defined in ORS 164.205(5) and includes, but is not limited to, any of the following while acting in the scope of employment, agency or duty:
(1) Any peace officer as defined by Oregon law and any reserve officer of the Portland Police Bureau;
(2) Any person providing security services in any City buildings pursuant to any contract with the City, or with any person, firm or corporation managing City leased properties on the City’s behalf; or,
(3) Any person specifically designated in writing as the Person-in-Charge by the Commissioner-in-Charge of the Office of Management and Finance or by the Bureau of Internal Business Services Director.
b. City Building Exclusions. Any Person-in-Charge may exclude any person who violates any Rule of Conduct while in or upon any City building or property, from a specific City building or property or from all City buildings and properties, for a period of 24 hours. The Mayor, and specifically identified designees of the Mayor, may issue an exclusion for any period of time up to and including permanent exclusion from City buildings.
(1) The notice of exclusion shall be in writing, given to the person excluded and signed by the Person-in-Charge. It shall specify the dates and places of exclusion. It shall contain a warning of consequences for failure to comply with the notice of exclusion and information concerning the right to appeal the exclusion.
(2) A person receiving a notice of exclusion may appeal, in writing, to the Code Hearings Officer in accordance with the provisions of Title 22 of the Code to have the notice of exclusion rescinded. Notwithstanding the provisions of Title 22, the appeal to the Code Hearings Officer shall be filed within 5 days of issuance of the notice of exclusion, unless extended by the Code Hearings Officer for good cause shown. The sworn statement of the Person in Charge who issued the notice of exclusion shall be used as evidence on appeal, unless the appellant requests, in writing, the presence of the Person-in-Charge at the appeal hearing.
C. The Commissioner-in-Charge of the Office of Management and Finance is authorized to request the City Attorney to proceed in court as necessary to enforce the provisions of any agreement authorized by Section 3.15.020.
D. CityFleet shall be supervised by a Fleet Manager who shall report to the Bureau of Internal Business Services Director. CityFleet is responsible for managing all City vehicles and equipment, owned leased or rented by the City. The Fleet Manager shall provide fleet management services as required by the CAO including, but not limited to:
1. Maintain an inventory of all city-owned, leased, or rented motorized vehicles and equipment, licensed trailers, and wheel-mounted equipment. This does not include fire fighting apparatus.
2. Operate the City’s maintenance and repair facilities now existing or in the future established for maintenance or repair of the above described fleet equipment.
3. Assist with identifying City vehicle and equipment needs.
4. Manage the assignment of fleet vehicles and equipment.
5. Assist in the development of fuel and resource conservation plans.
6. In cooperation with the Procurement Services Division, purchase, lease or rent vehicles and equipment as defined above. Any proposed lease transactions shall first be reviewed and approved by the City’s Debt Manager.
E. Facilities Services shall be supervised by a Facilities Manager who shall report to the Bureau of Internal Business Services Director. The Facilities Manager shall provide facilities management services as required by the CAO including, but not limited to:
1. Provide property management services for the inventory and rental of city-owned real property. Provide property management services for the purchase, sale and replacement of city-owned real property.
2. Provide facilities maintenance services, including but not limited to, maintenance and repair of City buildings and their related equipment; and the administration of janitorial, maintenance and security contracts.
3. Provide architectural services including but not limited to architectural design, facilities and space planning, and project management of City capital projects.
F. Printing and Distribution Services shall be supervised by a Manager who shall report to the Bureau of Internal Business Services Director. Printing and Distribution Services is responsible for managing all reproduction, mail, distribution and copy services used by the City, and shall be responsible for the equipment needed to provide these services. The Printing and Distribution Manager shall provide printing and distribution management services as required by the CAO including, but not limited to:
1. Provide rapid, convenient reproduction, distribution and mail services, and provide advice and consultation on these services.
2. In cooperation with the Procurement Services Division, review and approve requests for the lease or purchase of office copiers/printers.
3. Manage the processing of U.S. mail and pick up and delivery of interoffice mail, packages and equipment.
G. Risk Management shall be supervised by a Risk Manager who shall report to the Bureau of Internal Business Services Director. Risk Management is responsible for administering, coordinating and controlling all activities related to commercial and self-insurance including, but not limited to: property and casualty insurance, workers’ compensation insurance, liability insurance and the City’s right to subrogation on these insurance programs. Risk Management shall obtain a public liability insurance policy or provide the necessary funding through a self-insurance program protecting the City, its officers, agents and employees with limits of not less than the maximum statutory limits of liability imposed on municipalities of the State of Oregon. Risk Management shall monitor and coordinate a citywide loss prevention and control program to minimize potential property, liability, fidelity and personnel losses. Risk Management shall maintain records relating to commercial and self-insurance losses or claims filed against the City. It shall execute any claim or proof of loss for damage to City property.
1. The Risk Manager is hereby delegated authority to evaluate and approve applications for self-insurance programs in lieu of commercial insurance requirements in any City agreement including, but not limited to, contracts and permits. Upon approval of a self-insurance program, the insurance coverage obligation in the City agreement shall be automatically amended without further action by the Council, subject to the approved form being filed with the City Auditor or such other bureau as may be charged with keeping the records.
2. The Risk Manager is authorized to act on behalf of the City on all matters related to workers’ compensation including, but not limited to: accept, deny or defer claims; authorize payments of workers’ compensation benefits in the amounts required by law relating to workers’ compensation claims filed with the City; and, subject to the provisions of the City Charter governing settlements, enter into settlements of workers’ compensation claims whether it be on a disputed claims disposition agreement or disputed claim settlement basis. Workers’ compensation insurance shall be administered in accordance with the laws for the State of Oregon and shall be on a self insurance basis. The City Attorney may represent the City on workers’ compensation matters, including litigation or settlement of claims. The City Attorney shall approval all settlements as to form.
3. Subject to the provisions of the City Charter governing settlements, the Risk Manager is authorized to act on behalf of the City of Portland in the investigation, evaluation and settlement of property damage, personal injury, and employment practices claims brought against the City under the Oregon Tort Claims Act and/or under state and federal civil rights laws, including complaints of discrimination filed with the Civil Rights Division of the Oregon Bureau of Labor and Industries, or the Equal Employment Opportunity Commission. In doing this work, the Risk Manager and designees shall be agents of the City Attorney acting on behalf of the City. Settlement of claims and court actions alleging employment discrimination or violations of employees’ civil rights shall be subject to concurrence of the Bureau of Human Resources Director.
4. Subject to the provisions of the City Charter governing settlements, the Risk Manager is authorized to make settlements in an amount not exceeding $5,000.
5. The Risk Manager is authorized to investigate and enter into settlements on fair and moral claims governed by Section 1-107 of the City Charter. Fair and moral claims are limited to those for which the City is immune under applicable law, or that are asserted by employees for the replacement of personal property damaged in the course of employment or duties. Fair and moral claims do not include claims, legal in nature, that are barred by the applicable statute of limitations or statute of ultimate repose.