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Home My WebLink About2023 Indemnification Agreement -Training Track for EVOS – The Tire Rack, Inc. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 12, 2023 Mr. Thomas F. Veldman The Tire Rack, Inc. 7101 Vorden Pkwy. South Bend, IN 46628 Thomas@tirerack.com RE: 2023 Indemnification Agreement Dear Mr. Veldman: At its September 12, 2023 meeting, the Board of Public Works approved the above referenced agreement regarding the City’s usage of Tire Rack’s training track for Police Emergency Vehicle Operations sessions September 27, 2023 through September 29, 2023. 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, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh City of South Bend/ Tire Rack Indemnifica�on Agreement 2023 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 Opera�on (“EVOC”) training to the South Bend Police Department on September 27th through September 29th, 2023. In considera�on for Owner allowing the City of South Bend to use Tire Rack Property top help train the South Bend Police Department drivers, the City of South Bend hereby agrees the 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 the Owner, its officers or employees, the City of South Bend shall indemnify Owner up to the limits set forth in the Indiana Tort Claims Act. As a condi�on precedent to the right of indemnifica�on under the Act, Owner, officer, or employees shall tend in wri�ng to the South Bend Corpora�on Counsel any and all suit papers, demands, no�ces, 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 �mely fashion. Owner, officers, and employees shall fully cooperate with the City of South Bend in the conduct of its inves�ga�on, possible setlement, and defense of any legal proceedings. (Signature Page Follows) City of South Bend/ Tire Rack Indemnifica�on Agreement 2023 TIRE RACK ____________________________________ Signature ____________________________________ Printed Name and Title ____________________________________ Street Address ____________________________________ City, State, Zip ____________________________________ Telephone ____________________________________ Date Signature Page to Indemnification Agreement by and between Board of Public Work and Tire Rack, date ___________________ D. Michael Anderson, General Counsel 7101 Vorden Parkway South Bend, IN 46628 54-287-2345 Ext. 4451 August 17, 2023 September 12, 2023 September 12, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 28th, 2023 Name PFC Aaron M. Knepper #2174 Department SBPD BPW Date September 12th, 2023 Phone Extension 9018 Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Kyle Connell 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 Title Sheet 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 Tire Rack New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 2023 Indemnification Agreement between COSB & Tire Rack Project Number Funding Source Account No. Amount Terms of Contract September 27th, 2023 through September 29th, 2023 Purpose/Description The South Bend Police Department is requesting Board approval of the indemnification agreement between the City of South Bend and Tire Rack. This is for use of the Tire Rack’s training track for the 2023 annual police Emergency Vehicle Operations (EVOC) training sessions. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: