(The County as Contractor)
This manual primarily addresses situations where the County issues the contract. However, at times the County is the contractor. This section addresses the indemnification and insurance requirements we are willing to consent to as a contractor.
If the party issuing the contract to the County does not require the County to indemnify it, you do not need to volunteer. If the County is asked to indemnify the party issuing the contract, the mutual indemnification clause (see Section III) can be rewritten as follows:
Subject to the limitations of the Oregon Tort Claims Act and the Oregon Constitution, COUNTY agrees to indemnify, defend and hold harmless the (party issuing the contract) and its officers, agents, and employees against all liability, loss and costs arising from actions, suits, claims, or demands attributable solely and exclusively to acts or omissions of COUNTY, and COUNTY'S officers, agents and employees, in performance of this contract.
(Party issuing the Contract) agrees to indemnify, defend and hold harmless the COUNTY and its officers, agents and employees against all liability, loss and costs arising from actions, suits, claims or demands attributable solely and exclusively to acts or omissions of (Party issuing the Contract) and (Party's) officers, agents and employees, in performance of this contract.
If you are requested to include indemnification language that is different from this in a contract in which the County is the contractor, please contact County Counsel for assistance.
The County is self-insured for workers' compensation, and general, auto and professional liability. Therefore, if the County is the contractor, we cannot agree to provide purchased insurance coverage. You need to be sure that you do not agree to use insurance language that the County does not and will not comply. You can agree to the following insurance provision:
Multnomah County is self-insured for workers' compensation, and general, auto and professional liability, in accordance with the provisions of ORS 30.270 (Tort Claims Act) and ORS 656.403 (Workers' Compensation). The County maintains an insurance fund from which to pay all costs and expenses relating to claims for which it is self-insured. The County's exposure for general auto and professional liability is limited by ORS 30.270 to $50,000 property damage, $100,000 personal injury per person and $500,000 total damages per occurrence.
If the party with which you are negotiating the contract wishes to include language other than this, contact your assigned attorney in County Counsel's Office for assistance.
You may also be requested to provide additional information about the County's self-insurance program or its insurance fund. Please contact Risk Management for assistance.