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Home My WebLink About2025 Indemnification Agreement - The Tire Rack, Inc. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 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 March 11, 2025 Mr. D. Michael Anderson The Tire Rack, Inc. 7101 Vorden Parkway South Bend, IN 46628 RE: 2025 Indemnification Agreement Dear Mr. Anderson: At its March 11, 2025 meeting, the Board of Public Works approved the above referenced agreement for the City’s usage of Tire Rack’s training track for Police Emergency Vehicle Operations sessions March 4, 2025 through December 5, 2025. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh City of South Bend/Tire Rack Indemnification Agreement 2025 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 March 4th through March 7th, 2025, and on December 2nd through December 5th, 2025. In consideration 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 condition precedent to the right of indemnification under the Act, Owner, officer, or employees shall tend 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 of South Bend in the conduct of its investigation, possible settlement, and defense of any legal proceedings. (Signature Page Follows) City of South Bend/ Tire Rack Indemnification Agreement 2025 CITY OF SOUTH BEND, INDIANA TIRE RACK BOARD OF PUBLIC WORKS ____________________________________ ____________________________________ Signature Elizabeth A. Maradik, President ____________________________________ ____________________________________ Printed Name and Title Joseph R. Molnar, Member ____________________________________ ____________________________________ Street Address Gary A. Gilot, Member ____________________________________ ____________________________________ City, State, Zip Breanna N. Micou, Member ____________________________________ ____________________________________ Telephone Murray L. Miller, Member ____________________________________ Date ATTEST: ____________________________________ Theresa Heffner, Clerk Signature Page to Indemnification Agreement by and between Board of Public Work and Tire Rack, date March 11, 2025 South Bend, IN 46628 D. Michael Anderson, General Counsel 574-287-2345 7101 Vorden Parkway 02/26/2025 March 11, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 25th, 2025 Name Sgt. Aaron M. Knepper #2174 Department SBPD BPW Date March 11th, 2025 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 Kylie 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 2025 Indemnification Agreement between COSB & Tire Rack Project Number Funding Source Account No. Amount Terms of Contract March 4th, 2025 through December 5th, 2025 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 2025 annual police Emergency Vehicle Operations (EVO) 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: