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
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CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
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Linda Martin, Clerkk
Signature Page to Indemnification Agreement by and between Board of Public Works and Tire
Rack dated-----,-. ".
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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
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Required Prior to Board
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Diversity Compliance Officer Name Michael Patton
and Inclusion Officer
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Geovanny Martinez
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Purchasing
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Professional Services Agreement [I Contract
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[] Amendment/Addendum
n Bid Opening
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❑ C/O & PCA No.
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Tire Rack
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MBE/WBE Contractor
Completed E-Verify Form Attached Nos
❑
Project Name
2020 1ndemniIication Agreement between COSB & Tire Rack
Project Numberu..__....
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....__.... ...... ..................._....... .._
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
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