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Office of Management & Finance

Bureau of Internal Business Services

BIBS is the provider of central services for the City of Portland

1120 SW 5th Avenue, Room 1250, Portland, OR 97204

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Non-Insurance Risk Transfer Information

Clauses for Non-Insurance Risk Transfer

 

Recommended Clauses

Notes

When Do They Apply?

City of Portland Responsibility. The City of Portland agrees to be responsible for any damage or any third party liability which may arise from its (list the specific activity) subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, to the extent of liability arising out of the negligence of the City. The City shall not be required to indemnify or defend the Contractor for any liability arising out of the wrongful acts of employees or agents of the Contractor.

 

Because of a constitutional limitation, a reciprocal indemnity clause from the City is not possible. However, if a Contractor requests an indemnity/hold harmless clause from the City the City of Portland Oregon Responsibility clause may be added

  • Can be added upon request of Contractor.

May require the approval of your legal counsel. 

If the Contractor is a Federal Government Agency.  (Federal agency) shall perform the services under this contract as an Independent Contractor.  (Federal agency) shall be responsible to the extent permitted by the Federal Tort Claims Act, only for the acts, omissions or negligence of its own officers, employees or agents. The City of Portland shall be responsible to the extent permitted by the Oregon Tort Claims Act (ORS 30.260 - 30.300), only for the acts, omissions or negligence of its own officers, employees or agents.

 

  • The federal government is subject to its own tort claims act, not the Oregon Tort Claims Act.
  • Like the City of Portland, the federal government is self-funded for most of its risks.

 

  • Standard clause for contracts involving the federal government.
  • These clauses add provisions that apply to almost all insurance.
  • Change the clauses only if your legal counsel approves.   

 

If the Contractor is Another City Bureau. The bureaus understand that each is insured with respect to tort liability by the City of Portland Liability Insurance Fund, subject to the Oregon Tort Claims Act (ORS 30.260 - 30.300).  Each Bureau agrees to accept that coverage as adequate insurance of the other party with respect to personal injury and property damage.
 
Self-Insurance Loss Allocation. The bureaus agree that any tort liability claim, suit, or loss resulting from or arising out of the parties’ performance of and activities under this agreement shall be allocated, as between the two city bureaus, in accordance with law by City Risk Management for purposes of their respective loss experiences and subsequent allocation of self-insurance assessments. Each party to this contract agrees to notify Risk Management and the other bureau in the event it receives notice or knowledge of any claims arising out of the performance of, or the bureaus’ activities under this agreement.

We are all part of one happy family and cannot sue each other (even if you want to).

  • Standard clauses for interagency agreements involving another Oregon State Agency.

Heartbleed Security Notice

A serious security vulnerability known as "Heartbleed" was recently discovered in OpenSSL, a popular software library commonly used by many websites on the internet to encrypt communication between a user's computer and a web server.

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