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HomeMy WebLinkAboutAmended Indemnification Agreement - Police Use of Test Track for Emergency Vehicle Operations Testing - The Tire Rack, Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 22, 2020 Mr. Brent Rollins The Tire Rack, Inc. 7101 Vorden Pkwy. South Bend, IN 46628 RE: Amended Indemnification Agreement Dear Mr. Rollins: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 22, 2020, approved the above referenced amended agreement for the use of the test track for Police emergency vehicle operations training from September 30 to October 2, 2020. Enclosed please find the original of the amended agreement for your signature. Please sign and return the original amended agreement to flier)sl; ry(f�',, ���t lj)j � iri,uov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR City of South Bend/Tire Rack AMENDED- Indemnification Agreement 2020 AMENDED 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 10th, 2020 and on September 30th through, and including, October 2nd, 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 tinder 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 Bend/Tire Rack AMENDED- Indemnification Agreement 2020 TIRE RACK Printed Name and Title Street Address City, State Zip Fax Date CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORDS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: —Z' G�artirr Linda M. Martin, Clerk Signature Page to Indemnification Agreement by and between Board ofPublic Works and Tire Rack, dated September 22, 2020 Page 2 of 2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/9/2020 Name Mark Dollinger Department SBPD BPW Date 9/22/2020 Phone Extension 7677 Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Michael Patton BPW Attorney ❑ Attorney Name Clara McDaniels Dept. Attorney ❑< Attorney Name Geovanny Martinez Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ® Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Ease./Encroach Required Information Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Tire Rack ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE ❑ WBE Indemnification Completed E-Verify Form Attached between COSB and Tire Rack ❑ Title Sheet ❑ Yes ❑ No September 30, 2020-October 2, 2020 The South Bend Police Department requests board approval of the indemnification agreement between the City of South Bend and Tire Rack for the use of Tire Rack's training track for police emergency vehicle operations (EVOvehicle operations (EVO) For Change Orders Onl Amount of ❑ Increase ❑ Decrease Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Combletion Date: