HomeMy WebLinkAboutIndemnification Agreement - The Tire Rack1316 COUNTY -CRY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
March 14, 2017
Woody Rogers
The Tire Rack, Inc.
7101 Vorden Parkway
South Bend, IN 46628
RE: Indemnification Agreement
Dear Mr. Rogers:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on March 14, 2017, approved the above
referenced agreement to allow the South Bend Police Department to utilize Tire Rack property
for bi-annual emergency vehicle operations training.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Sgt. Gobel, Police Department
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU
City of South Bend/Tire Rack
Indemnification Agreement 2017
INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF SOUTH BEND AND TIRE RACK
The Tire Rack, Inc. ("Owner"), is the owner of certain real property at 7101 Vorden
Parkway, South Bend, Indiana ("Tire Rack Property"). Owner is willing to allow the South
Bend Police Department to use Tire Rack Property for the purpose of providing Emergency
Vehicle Operation ("EVOC") training to the South Bend Police Department on April 3`d
through, and including, April 7`n, 2017 and October 16tn through, and including, October 20tn
2017. In consideration for Owner allowing the City of South Bend to use Tire Rack Property
to help train the South Bend Police Department drivers, the City of South Bend hereby agrees
to defend the Owner, its officers and employees, from any claims or suits arising out of the use
of the Tire Rack Property by the South Bend Police Department. In the event of any Judgment
arising out of any such claim or suit against Owner, its officers or employees, City shall
indemnify Owner up to the limits set forth in the Indiana Tort Claims Act.
As a condition precedent to the right of indemnification under this Act, Owner,
officers, or employees shall tender in writing to the South Bend Corporation Counsel any and
all suit papers, demands, notices, summonses, complaints, or other process received by
Owner arising out of the use of the Tire Rack Property by the South Bend Police Department,
within twenty-four (24) hours of receipt. Owner, officers, and employees shall fully
cooperate with the City in the conduct of its investigations, possible settlement, and defense
of any legal proceedings.
(Signature Page Follows)
Page I of 2
City of South Bend/Tire Rack
Indemnification Agreement 2017
TIRE RACK
Signalwe
Printed Name and Title
Street Address
P.O. Box
00" State zip
Telephone Fax
CITY OF SOUTH BEND, INDIANA
BOARD PUBLIC WOW
President
Member
Member
Member
1ML 11iTZ
ATT ST:
Linda Martin, Clerk.
Signature Page to Indemnification Agreement by and between Board of Public Works and Tire
Rack, dated
Page 2 of 2
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
03-01-17
Goben
Department SBPD
BPW Date 3-14-17 Phone Extension 7520
Required Prior to Submittal to Board
Legal ® Attorney Name Michael Schmidt
Controller El greater
review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
® Agreement ❑ Contract ❑ Proposal ❑ Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
❑ Other:
Required Information
Company or Vendor Name
New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company
Project Name Indemnification Agreement with Tire Rack
Project Number
Funding Source
Account No.
Amount $
Terms of Contract
Purpose/Description
Amount of
Tire
H Required Contractor's Certification Form Attached (Non -
Collusion Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Increase
Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
®
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Goben
uired For Change Orders