HomeMy WebLinkAboutIndemnification Agreement Revised - The Tire Rack IncCity of South Bend/Tire Rack Indemnification Agreement 2025
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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 the Tire Rack Property for the purpose of providing
Emergency Vehicle Operation ("EVOC") training to the South Bend Police Department on an
ongoing basis on such dates as mutually determined and agreed to by the parties. In
consideration for Owner allowing the City of South Bend (the "City") to use the Tire Rack
Property to help train the South Bend Police Department drivers, the City hereby agrees to
defend Owner, its officers, directors, 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, directors, or
employees, the 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, directors, 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 can adequately respond in a timely fashion. Owner, officers, directors, and
employees shall fully cooperate with the City in the conduct of its investigations, possible
settlement, and defense of any legal proceedings.
There is no financial consideration being offered by either party as part of this
City of South Bend/Tire Rack Indemnification Agreement 2025
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agreement or to have either party execute this agreement.
This agreement can be terminated at any time by either party by providing written notice
to the other party within fourteen (14) days of the date that termination shall occur. For
purposes of this agreement, writing will be defined as either certified mail, third-party
document delivery services with tracking information, or by email with a “read receipt”
attached. Notwithstanding the foregoing, the City’s indemnification obligations under this
agreement shall survive termination of this agreement.
(Signature Page Follows)
THE TIRE RACK, INC.
______________________________ Signature
______________________________ Printed Name and Title
______________________________ Street Address
______________________________ P.O. Box
______________________________ City, State Zip
______________________________ Telephone Fax
______________________________________________
Date
October 28, 2025
City of South Bend/Tire Rack Indemnification Agreement 2025
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Signature Page to Indemnification Agreement by and between Board of Public Works and Tire Rack, dated October 28, 2025.
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date October 20th, 2025
Name Sgt. Aaron M. Knepper #2174 Department SBPD
BPW Date October 28th, 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 - UPDATED
Project Number
Funding Source
Account No.
Amount
Terms of Contract Ongoing until further notice.
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 future annual police Emergency Vehicle Operations (EVO) training sessions.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase Decrease
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New Amount $
Total Percent of Change:
Increase Decrease
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Time Extension Amount:
New Completion Date: