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HomeMy WebLinkAboutIndemnification Agreement – Use of Tire Rack’s Training Track for Police Emergency Vehicle Operations Training - The Tire Rack, Inc.1316 COUNTY -CITY BUILDING `; ��. PHONE 574/235-9251 227 W. JEFFERSON BOULEVARD �'��i �' �` FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARDU LIC WORKS March 24, 2020 Mr. D. Michael Anderson The Tire Rack, Inc. 7101 Vorden Pkwy. South Bend, IN 46628 RE: Indemnification Agreement Dear Mr. Anderson: The Board of Public Works, at its meeting held on March 24, 2020, approved the above referenced agreement for the use of Tire Rack's training track for police emergency vehicle operations training. Enclosed please find a copy of the agreement 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 GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR City of South Bend%fire Rack Indemnification Agreement 2020 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 6th through, and including, April 1 Oth, 2020 and on October l 2th through, and including, October 16th, 2020. 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, or as promptly as reasonably possible, so that the City of South Bend can adequately respond in a timely fashion. 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 1 of 2 City of South Berm' ire Rack Indemnification Agreement 2020 'TIRE RACK I P0,0Tred Now and rent ovet Aldrect Ifire Z ep ........... . . . . Telephone lax Date CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 4--n Member Member Member Member A'rri'ST� ZI Linda Martin, Clerkk Signature Page to Indemnification Agreement by and between Board of Public Works and Tire Rack dated-----,-. ". W300M BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name March 16th, 2020 PFC Aaron M. Knenner #2174 Department SBPD BPW Date March 24th, 2020 Phone Extension 9018 ��ri��wi�ry ,. .m����uH�� mmoHi�iHiHiHi�imm�iHiHiraHiummum�wd�mHUMoo�uHiHi�u mmurvrrv�:+�+�:a,nmrmaeruaar�,. ,.. �a � uuuw�r �ranuuuuuuuuuuuuuuuuuu�www��mmmu�mmwwmmwom ,:mumr�r,�uar� �....._,,,,.� .... ,� __WW_....._WW_...�.�. ... ......._.......�...........�. �w� �.._.....�... Submittalto rm..� Required Prior to Board �...� �. _.��.�,_,,m._, � � ... ..............._ �... Diversity Compliance Officer Name Michael Patton and Inclusion Officer BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Geovanny Martinez . _............ _. Purchasing _. ... _ ..... Check the Aprpriate Item 1 vae� Professional Services Agreement [I Contract �] Open Market Contract [] Amendment/Addendum n Bid Opening EJ Bid Award Quote Opening Quote Award ❑ Proposal Opening ❑ C/O & PCA No. Chg. Order, No. ❑ Traffic Control Other: All Submissions H Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution m Ease./Encroach e�ri rMecl Informatmon ❑ Title Sheei Company or Vendor Name Tire Rack ❑ Yes❑ If Yes, Approved by Purchasing __...._... New Vendor ® No MBE MBE/WBE Contractor Completed E-Verify Form Attached Nos ❑ Project Name 2020 1ndemniIication Agreement between COSB & Tire Rack Project Numberu..__.... . .............................M .. ....__.... ...... ..................._....... .._ Funding Source Account No. Amount ........... ..... ........ ........... ...........__....__............................................. .. ...... Terms of Contract Aril 6"', 20�20 throtr l i October 16"', 2020 Purpose/Description The South Bend Police Department is re uestin Board a roval of the indemnification a eement between the City of South Bend and Tire Rack, This is for use of the Tire Racks training track for the 2020 annual police .... �w µr per cr c V i r l crations VC tra nitss sessions- Ch n�em% cicr Only _....._ ..._._.._._. Amount of Increase $ ..._.._....�... ❑ Decrease Previous Amount ... ................__. _......................._. $ ......... .....%....__. . _...._............ ._._... Increase Current Percent of Change: Decrease „%o mm mmmmm_. J A� New Amount $ Increase % Total Percent of Change: Decrease �..... Time Extension Amount: New Completion Date: