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Service Solicited - 2023 - Commercial Tire - Second Amendment to Fleet Service Agreement SECOND AMENDMENT TO FLEET SERVICE AGREEMENT This Second Amendment is entered into 12_,_day ADD , 2023 by and between the City of Eagle (hereinafter referred to as "Eagle"), and Commercial Tire (hereinafter referred to as "Vendor"), for the purpose of amending and extending the Fleet Service Agreement dated December 3, 2020 (the "Service Agreement"). WHEREAS, on December 3, 2020, the City of Eagle entered into the Service Agreement with Commercial Tire to provide fleet services; and WHEREAS, the City of Eagle and Commercial Tire desire to modify certain terms of the Agreement related to the pricing of products; and WHEREAS, the City of Eagle and Commercial Tire desire to extend the term of the Service Agreement for an additional one (1) year term. WHEREAS Paragraph 2 of the Service Agreement provides that renewal of the Service Agreement will be in the form of an amendment to the Service Agreement. NOW, THEREFORE, in consideration of the foregoing,the City of Eagle and Commercial Tire amend the Service Agreement dated December 3, 2020 as follows: 1. Exhibit A attached to the Service Agreement is hereby deleted and replaced with a new Exhibit A-2 attached to this Second Amendment and incorporated and made part of the Service Agreement. 2. Paragraph 2 of the Service Agreement is hereby amended to read as follows: The term of this agreement shall be valid for one (1)year from the effective date. Except as modified by this Second Amendment,the original Fleet Service Agreement between the City of Eagle and Commercial Tire dated December 3, 2020, shall remain in full force and effect. [Signatures Next Page] Page 1 of 3 KAPublic Works\Agreements\Fleet Services\Fleet Service 2023-Fleet Service Amendment 23-24 Final(03172023).docx IN WITNESS WHEREOF,the City and Vendor have executed this Agreement as of the date first above written. CITY OF EAGLE BY: Ja n ierce, Mayor ATTEST: Council Approval: 11���IZOZc3 ,��.•`•`PGLE• � :• NTF B 0= Tracy E40sborn, City Clerk COMMERCIAL TIRE STA BY• --"— Store Manag r Page 2 of 3 K:Tublic Works\Agreementffleet ServicesTleet Service 2023-Fleet Service Amendment 23-24 Final(03172023).docx "Exhibit A-2" + + + + + + + + + + + + + N + � r3m � Al °�1R R1 � A � R1M � � R1 R3 P °r1 81 9 a � � e IY 0 0 4 y t r "rj n mR p ry w w ` N N N z z § v v v + + + + k kk 4 `...j' E 9 qa V V V V V V U U V V U U V V U V V V V V zazz zz zzzz zz a \z \z z z z\ z t¢ep� yy�� pp V N N N N N ` VI G R p VI N VNl m Q N N N N Z Z 2 Z Z Z � c n 3 F o $ $ 3 9 -9 9 B3 9 � a p� ryry �y p ryry + + + + + + + n ePip P1 �-Ir�i � `ry c n y N N N N N N " a a a a a a a Z 9Szzz z `a\z `zza �n3 9 3 9 93 d a E a a m m a m a 7 a of`N tz� .N. ,�, o+ oS m o� '^ Z Z �.Z z z z a z n z z z z a z z z z `a w` � v v 6 IA N d d N N N N N N N N N N °m `o \z z m m �e $ "i z z z z \z z z z z z Z w . ,a u urS U4 N N N N v e o i ry 2 m d v $ ~ gW 5S5t �t �t �St � ' u y S C d C v vk. C V `y y333p W L gO g� l � lo � gV' V W 1L W g u >" R iZRRR R � RfZ Page 3 of 3 K Tublic Works\AgreementsTleet ServicesTleet Service 2023-Fleet Service Amendment 23-24 Final(03172023).dcc L,RIDVESTOnE ULTIMATE VENDOR / ULTIMATE PURCHASER EXEMPTION CERTIFICATE Customer# ',?l570/'zxC/ Certificate# TBD A.State,territory, or political sub-division thereof, or the district of Columbia. OB. Non-profit educational organization. Form 637 IRS Registration # F includes a school operated by a church or other organization described in Sec. 501(c)(3).) OC.Qualified intercity, local, or school bus. Form 637 IRS Registration # (Buyer, I other than non-profit educational organization, of tires for use on certainintercity, local, or school buses, as defined by IRS Code Sec.4221 OD. Department of Defense or the Coast Guard. Note: For categories,B and C above,exemption cannot be allowed without a valid IRS Registration#as assigned and approved by the District Director of the IRS on Form 637 or approved letterhead.A copy of the Form 637 or the IRS letter reflecting said Registration#must be attached to this formfor categories B and C. CERTIFICATE OF ULTIMATE PURCHASER I,the undersigned,hereby certify that I am the of �e grerG'`.`f (,:Q`dYd"SS-J+'.YE2C,City,Ct3Cc^, and the Ultimate Purchaser,I am authorized to execute this certificate and all articles are purchased from: Commercial Tire Inc c,,P - 93 9- Ce el 3 Purchaser Name �1�1 �� 2-1 � �`7 Purchaser Signature 7 CERTIFICATE OF ULTIMATE VENDOR The undersigned is the Ultimate vendor of the article(s)specified on Delivery Receipts for the above Purchaser.The article(s)were purchased by the Ultimate Vendor tax-paid and were thereafter sold tax-free.The Ultimate vendor possesses a Certificate evidencing the tax-exempt use of the article(s)executed by the ultimate Purchaser.The Certificate is herewith forwarded to Bridgestone Americas Tire Operations for use by Bridgestone Americas Tire Operations to establish that credit or refund is due in respect of the article(s).I further certify that the article(s)has been sold under theBridgestone Americas Tire Operations Government Sales Program and hereby consent to the allowance of a credit or refund to Bridgestone Americas Tire Operations for the applicable tax.The undersigned certifies that they have not previously given their consent for such an allowance to any other manufacturer or other source and further,that reasonable diligence was exercised to determine that use of this certificate is warranted by law. According to the best knowledge and belief of the undersigned,no statement in respect of the certificate has previously been executed,and the undersigned understands that the fraudulent use of this statement may,under Section 7201,subject the undersigned or any party making such fraudulent use,to a fine of not more than S 10,000.00 or imprisonment for not more than five(5)years,or both,together with the cost of prosecution.)further certify that,in the event that Vendor cannot produce a valid ultimate vendor/Ultimate Purchaser Certificate to Bridgestone Americas Tire Operations,vendor agrees to accept and indemnify,and hold,Bridgestone Americas Tire Operations,harmless from and against any and all liability for any and all Federal Excise Tax that Bridgestone Americas Tire Operations is assessed by the IRS as a result of failing to provide said ultimate vendor/Ultimate Purchaser Certificate,including any penalties,fines,and interest that may be assessed against Bridgestone Americas Tire Operations. Name of Dealership Commercial Tire Inc 6-Digit# 450871-PUSH Address 2095 E Commercial St City,State,zip Meridian ID 83642 Vendor(Dealer)Signature Date Please retain a copy of this form for your Dealer file. FROM(mm/dd/yyyy) TO(mm/dd/yyyy) Maximum of three calendar years