Indemnity/hold harmless clause:
The state of Oregon, Department of (name) agrees to allow (Name of the Independent Contractor) to access and use state vehicles as a "permitted contract driver" as allowed in the Vehicle Use And Access Rules, OAR 125-155-0400(4)(a-d). The Independent Contractor shall be responsible for and will reimburse the State, upon demand - regardless of negligence, for all loss or damage to, or liability arising out of the use of, any state vehicle in their care, custody, or control. The Independent Contractor shall indemnify, defend and hold harmless the state of Oregon and the Department of (name), its officers, employees and agents from all claims, suits or actions of any nature arising out of its use of the state vehicle.
- This clause states that an Independent Contractor who is authorized as a permitted contract driver of a state vehicle will follow all rules associated with driving the vehicle, and indemnify the state for any loss or damage to, or liability arising out of the use of, any state vehicle in their care, custody, or control.
Contractor shall obtain at Contractor´s expense, and keep in effect during the term of the Contract, commercial automobile liability insurance covering all owned, non-owned, or hired vehicles, as applicable. This coverage shall extend to all Contractor employees, agents and officers while operating state vehicles in their care, custody, or control performing duties outlined in the contract. This coverage may be written in combination with the Commercial General Liability insurance (with separate limits). Combined single limit per occurrence shall not be less than $(indicate dollar amount).
- This coverage defends and pays Contractor´s liability for property damage and bodily injury to others while operating owned, non-owned, or hired vehicles.
- The state should be named as an Additional Insured under Automobile Liability coverage.
Automobile property or self-insurance equivalent:
Contractor shall obtain, at Contractor´s expense and keep in effect during the term of the contract, physical damage coverage (collision and comprehensive coverage) or its self-insurance equivalent on state vehicle(s) in the Contractor´s care, custody, or control. This insurance shall be primary over, and non-contributory with, any other applicable insurance or self-insurance. The insurance limits shall be sufficient to cover the actual cash value of any vehicle(s) in the Contractor´s care, custody, or control.
- Insurance limits shall be sufficient to cover the actual cash value of any state vehicle(s) that the Contractor will have in their care, custody, or control.
- To ensure coverage for loss or physical damage (collision and comprehensive) to the state vehicle(s) in the Contractor´s care, custody, or control, require non-owned physical damage insurance.
- The state should be named as a Loss Payee under any non-owned physical damage coverage. Coverage shall be primary and non-contributory with any other insurance and self-insurance.
- If a Contractor presents self-insurance coverage, contact DAS Risk Management for consultation.