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Use of State Premises By Others RisKey
This RisKey applies to agencies that permit others (nonstate entities) to use premises they own or control. For premises owned by the Department of Administrative Services, contact Facilities Division at (503) 378-2865.
Most agencies that own buildings have the authority to let local entities use their facilities for meetings or for other reasons. In doing this, it is important to know whether the user is a legal entity or just a group of individuals. Not every group that uses some kind of group name is a legal entity. The name an entity uses may not be a legal name. If a group is not a legal entity, it’s as if it does not exist. Its contracts do not bind it. It cannot get insurance. And, it cannot be sued. If you hand over part of your facilities to a user like that, you will be responsible. You will need to have your staff manage the function.
On the other hand, a bona fide legal entity can be insured and can be held to its contracts. To help you manage the risks of permitting others to use your facilities, we had the Department of Justice review and approve two model use permits. They´re both enclosed. We suggest you adapt them to meet your needs whenever you grant a bona fide entity the use of your facility.
One form is for users that are local, federal or other nonstate governmental bodies. The other is for private or nonprofit entities. The public body is not asked to prove its liability insurance coverage. The others must give you a certificate of insurance. These use permits are for short term uses. If a long term relationship is intended, then use an appropriate lease.
Remember, we all pay for risk. We either pay to control it or we pay its losses. A good way to control this particular risk is to (i) have a written policy on building use, (ii) name an employee to administer that policy, and (iii) use these model permits. This will help assure that you avoid liability or get reimbursed for any harm caused by your user.
Call the Risk Management Division at (503) 373-RISK with any questions regarding this RisKey.
Model Use Permits:
State Premises Use Permit for Private or NonProfit Entities (doc)
State Premises Use Permit for Public Bodies (doc)