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HomeMy WebLinkAboutPR 24839 EXECUTE AMENDMENT NO.1 TO CONTRACT WITH GREYHOUND BUS LINES AND FLIXBUS City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit-Fleet Director Cc: Craty Nellison,Transit Administrative Support Supervisor Date: March 06,2026 Re: P.R.24839—Execute Amendment No. 1 to the contract with Greyhound Bus Lines,Inc. and Flixbus Nature of Request: Execute Amendment No. 1 to the contract with Greyhound Bus Lines, Inc. ("Greyhound") and Flixbus, which authorizes Port Arthur Transit (PAT) to serve as the local bus terminal and ticket agent for both entities. Background: On April 8, 2025, the City entered into a Non-Exclusive Service Agreement with Greyhound Bus Lines, Inc. and FlixBus pursuant to Resolution No. 25-135. The agreement, which is set to expire on April 7, 2027, establishes Port Arthur Transit (PAT) as the local bus terminal and ticketing agent for intercity bus service operations. The purpose of this item is to obtain City Council approval of Amendment No. 1 to the existing Non- Exclusive Service Agreement. The amendment is necessary to address service location and related operational provisions to ensure continued efficiency and compliance with applicable requirements. KEY PROVISIONS OF AMENDMENT NO. 1: • Replaces in its entirety Subsection 3,titled"Representations, Warranties, and Covenants of the Reseller." • Clarifies and updates operational responsibilities related to service location. • Aligns agreement terms with current operational practices and federal requirements. Analysis:Port Arthur Transit has reviewed the proposed amendment and determined that it is consistent with the department's operational needs.Additionally,the amendment complies with applicable Federal Transit Administration (FTA) guidelines and requirements. Approval of this amendment will ensure continuity of intercity bus services and maintain necessary passenger amenities at the Port Arthur Transit facility. Recommendation: Staff recommends that City Council approve the resolution authorizing the City Manager to execute Amendment No. 1 to the Non-Exclusive Service Agreement with Greyhound Bus Lines, Inc. and FlixBus. Budgetary/Fiscal Effect: There is no fiscal impact associated with this amendment. The agreement remains consistent with existing operational funding and revenue structures. P.R. 24839 3/6/26 CN-TNR RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE NON- EXCLUSIVE SERVICE AGREEMENT WITH GREYHOUND BUS LINES, INC. AND FLIXBUS FOR INTERCITY BUS SERVICE OPERATIONS AT PORT ARTHUR TRANSIT WHEREAS, the City Council previously approved a Non-Exclusive Service Agreement with Greyhound Bus Lines, Inc. and FlixBus pursuant to Resolution No. 25-135, with a term commencing April 8, 2025, and expiring April 7, 2027, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, under the terms of said agreement, Port Arthur Transit (PAT) serves as the local bus terminal and ticketing agent for Greyhound Bus Lines, Inc. and FlixBus; and WHEREAS, Port Arthur Transit (PAT) has requested approval of Amendment No. 1 to the existing Non-Exclusive Service Agreement to address service location and related operational provisions, and WHEREAS, specifically, Amendment No. 1 to the existing Non-Exclusive Service Agreement shall replace in its entirety Subsection 3 titled " Representations, Warranties, and Covenants of the Reseller", as set forth in Exhibit `B" attached hereto; and WHEREAS, the proposed amendment has been reviewed and determined to be consistent with Port Arthur Transit operational needs and applicable Federal Transit Administration (FTA) guidelines and requirements; and WHEREAS, the City Council finds that approval of Amendment No. 1 is in the best interest of the City and Port Arthur Transit (PAT) and will ensure the continued provision of intercity bus services and related passenger amenities through Port Arthur Transit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to execute Amendment No. 1 to the Non- Exclusive Service Agreement with Greyhound Bus Lines, Inc. and FlixBus, in a form substantially similar to that attached hereto as Exhibit `B," for intercity bus service operations at Port Arthur Transit. THAT, Port Arthur Transit (PAT) is authorized to continue serving as the local bus terminal and ticketing agent for Greyhound Bus Lines, Inc. and FlixBus in accordance with the terms of the agreement, as amended. THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. P.R. 24839 3/6/26 CN-TNR READ, ADOPTED AND APPROVED this day of April 2026 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, City Secretary P.R. 24839 3/6/2026 CN APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROVE : AS T 1 A ILA TY OF FU : 1111* Ronald Burton Lynda Boswel City Manager, CP Director of Finance uueLL., Clifton Williams, CPPB Ivan Mit 1 Purchasing Manger Transit-Director P.R. 24245 3/24/2025 CN Exhibit "A" Ticket Reseller Agreement THIS TICKET SELLING AGREEMENT (this "Agreement") is made effective as of April 9, 2025 ("Effective Date") by and between City of Port Arthur, with its principal place of business located at 444 4th Street, Port Arthur, TX 77641 (the "Reseller"), with the agency number assigned as #2760 (the"Agency No.") and FlixBus Inc. with its principal place of business located at 340 South Lemon Ave #8045, Walnut, CA 91789, along with its subsidiaries and affiliates ("FlixBus"). FlixBus and the Reseller may be referred to collectively as "Parties"or individually as a "Party." Object of the Agreement FlixBus contracts with licensed motor carriers to operate schedules which are sold by FlixBus. The ticket sales (the "Bookings") are made on a platform hosted at the domain name under ,,vw.flixbus.cor (the "Platform"). FlixBus desires to appoint the Reseller as its non-exclusive agent to make Bookings on behalf of customers, and the Reseller desires to accept such appointment pursuant to the terms below. i. Engagement i.i. FlixBus hereby engages the Reseller as its non-exclusive agent at a facility located at 344 Proctor Street, Port Arthur,TX 77640 (the "Location") to make Bookings on its behalf from the Location and the Reseller accepts such appointment pursuant to the terms herein. 1.2. The Reseller is hereby authorized to make and complete Bookings on the Platform for customers from the Location (the"Services") in accordance with the guidelines, rules, and instructions of FlixBus provided to the Reseller from time to time (the "Terms & Conditions") and the terms and conditions contained herein. The Reseller hereby accepts such appointment and agrees to perform the Services pursuant thereto. The Terms & Conditions, as they may be modified from time to time in accordance with the terms thereof, are hereby incorporated in and made a part of this Agreement and all references to this Agreement shall include the Terms & Conditions. 1.3. Except as expressly permitted,the Reseller shall not charge customers any fees or other charges in addition to the cost of the applicable Booking as set by FlixBus (the "Reseller Rate"). i.a.The Reseller shall provide and shall be responsible for its own administrative and other requirements in connection with the performance of the Services and its obligations hereunder including its accounting,tax reporting(including collection of sales tax and remit such tax to the applicable tax authorities) and customer support. i.s. Reseller shall not appoint any persons or entities as its sub-agents, subcontractors, distributors, franchisees or other intermediaries (collectively, "Sub-Agents") in connection with the performance of the Services or observance of this Agreement without the written i c consent of FlixBus; provided that if FlixBus provides its consent, the Reseller shall remain responsible for the observance and performance of the Agreement, shall ensure the compliance by the Sub-Agents and shall be directly liable to FlixBus for any breach by its Sub-Agents of any of the obligations in this Agreement. 1.6. The Reseller must make Bookings exclusively under its Agency No. and not any other agency number and shall treat the login credentials and other information provided by FlixBus as confidential. 1.7. The Reseller shall be responsible and liable for all Bookings made under its Agency No. or otherwise made by or on behalf of the Reseller. 2. Obligations of the Reseller The Reseller undertakes: 2.1. to abide by the Terms & Conditions, including with respect to limitations on liability, indemnification, trademarks and confidentiality; 2.2.to provide at all times a working computer with reliable internet access, a current internet browser, and a printer in the Reseller; 2.3. to provide FlixBus with one monitored and functioning e-mail address for registering the employees or representatives who are authorized to make Bookings and for receiving information about the products and services of FlixBus. In addition, the Reseller shall specify the telephone number of the authorized person of the Reseller; 2.4. to ensure that the Reseller representatives provide a stellar level of customer service and provide the Services in accordance with all requirements, both legal and contractual; 2.5. to provide the customers (a) an official ticket of FlixBus for boarding, (b) a receipt as proof of purchase,and (c) upon request, a copy of the Terms & Conditions for the Booking; 2.6. to proactively and without any request by FlixBus inform FlixBus of any special requests or other needs relating to the customers that are related to the transportation services rendered by FlixBus, including, without limitation, disability and luggage; 2.7. to offer customers all the payment methods available to the Reseller in addition to cash payment; 2.8. to ensure that all personal information related to customers is contained in the Platform only and that Reseller does not (a) maintain or disclose such data elsewhere unless otherwise permitted under this Agreement, and (b) complies with all applicable data privacy laws and regulations; 2.9 to maintain current and valid registrations, licenses, and/or permits as required by local, state and federal law; 2.1.0. to always process personal data in accordance with applicable law; 2.11. to inform FlixBus immediately in writing about any changes of the Reseller's good 2 standing under any applicable laws and regulations and any changes of its corporate form or address; 2.12. to provide FlixBus with all required documents in support of the Services provided on behalf of FlixBus and keep and maintain records of its activities and Bookings pursuant to this Agreement; 2.13. to not discriminate against any person based on race, color, national origin, or any other protected category in providing and access to services; and 2.14. to report to FlixBus any complaints made against Reseller or any of Reseller's employees related to providing the Services to the extent allowed by State of Texas law. 3. Representations, Warranties and Covenants of the Reseller The Reseller represents, warrants and covenants to FlixBus that: 3.1. it has the full right, power and authority to enter into this Agreement,to grant the rights and licenses granted under this Agreement and to perform its obligations under this Agreement; 3.2. when executed and delivered by each of FlixBus and the Reseller, this Agreement will constitute the legal, valid and binding obligation of the Reseller, enforceable against the Reseller in accordance with its terms; and 3.3. it is in compliance with all laws, rules and regulations applicable to this Agreement and the operation of its business and shall at all times comply with all laws, rules and regulations, including but not limited to Occupational Safety and Health Administration regulations, and at its own expense, obtain and maintain all certifications, credentials, authorizations, licenses, and permits necessary to conduct that portion of its business relating to the performance of its obligations under this Agreement. 4. Obligations of FlixBus FlixBus undertakes to provide the Reseller with the necessary login credentials for the Platform and to provide support to the Reseller in connection with or incidental to the Services. 5. Rights of FlixBus FlixBus reserves the right in its sole discretion to appoint other sales agencies in the same geographic area as the Reseller, and to provide special offers to customers and to exclusively or non-exclusively promote or otherwise sell transportation services to customers through any other distribution channels. 6.Trademarks This Agreement does not grant either Party the right to use the other Party's or their affiliates' trademarks except as set out herein as necessary to perform the Services. 3 Nothing herein shall grant any rights to use or ownership to the Reseller for any intellectual property of FlixBus. 7.Accounting and Payment 7.1. For each Booking, FlixBus shall pay the Reseller a commission equal to ten (10%) of the Gross Sales Revenue (the "Commission"). "Gross Sales Revenue" means the Reseller Rate collected by the Reseller for each Booking, including any applicable sales tax, service fee, booking fees or other ancillary fees and net of any discount, all whether charged by Reseller or FlixBus and shall not include any amounts that are refunded to a customer for any reason. FlixBus may offer a higher commission for limited periods as a special reward or incentive. 7.2. FlixBus will provide the Reseller with access to FlixBus' Agency Portal (the "Agency Portal"). In the Agency Portal, FlixBus will account for the sales revenues for the Bookings by the Reseller on a monthly basis and shall provide a daily list of all Bookings generated by the Agency No. of the Reseller. 7.3. FlixBus will provide a monthly statement of account via FlixBus' Agency Portal to the Reseller following the end of each month (the "Settlement Statement"). The Settlement Statement will set forth the total sales revenues collected in a calendar month, and the settlement amount after deduction of the Commissions earned by the Reseller (the "Settlement Amount"). If a Booking is refunded after the sales revenue for such Booking has been accounted, FlixBus shall be entitled to a credit for the refunded Booking and the Commission previously paid to the Reseller (the "Unearned Commission") in the next settlement cycle. The revenue collected by the Reseller for Bookings shall be kept separately from the other assets of the Reseller and shall be held in trust on behalf of FlixBus. 7.4.The Reseller must indicate its preferred method of remitting payment to FlixBus in the registration form, choosing from the following options. Payment is due by Reseller of the total Settlement Amount within 7 days after receipt of the Settlement Statement. A) Monthly Bank Transfer: The Reseller will pay the Settlement Amount via bank transfer to the FlixBus bank account provided by FlixBus. B) Direct Payer: The Reseller will pay the full value of each Booking via Credit Card directly during the purchase procedure on the FlixBus booking platform with the Agency credentials. The Reseller will collect the Booking amount from the customer, either in cash or any other allowed payment method. Once per month, FlixBus will transfer the Commission earned during the prior month to the bank account provided by the Reseller in the self-disclosure. FlixBus reserves the right to withhold the payment until the accumulated amount due has reached at least $100. c} POS Device: The Reseller will be provided with a POS device that will enable payments both via cash and credit card. When an order is paid in cash, the revenues will be booked on the Reseller account and billed monthly, to be paid via Bank Transfer. When an order is 4 paid with credit card, the revenues will go directly to Flixbus and won't be in the monthly Settlement Amount. 7,5.The Reseller is not allowed to process cashback refunds for orders that were not originally generated by the same Reseller. The Reseller will be able to identify their own orders by looking for the order ID in the Booking Report provided to them via Flix Agency Portal. In case the Reseller will process a cashback refund for an order performed by an end customer or another Reseller, Flix will not authorize the reimbursement to the Reseller. 7.5. The balance of any amounts due shall be deemed to be satisfied and finally settled unless the Reseller objects in good faith to such transaction in writing to FlixBus within 30 days after receipt of the Settlement Statement. 7.7. If any portion of the Settlement Amount is past due for more than 15 days, FlixBus may terminate the Reseller Agreement. FlixBus may commission debt collection agencies to collect any default payment at the Reseller's cost and expense. 7.8. A complete and accurate Internal Revenue Service Form W-9 and a Registration Form must be completed by the Reseller and the Reseller may not provide any Services until it has provided a complete and accurate form W-9. a. Term of the Agreement;Termination 8.1.The term of this Agreement shall begin on April 9, 2025, and shall continue unless and until terminated as provided herein or applicable law (the "Term") with an option for a three year renewal. 8.2. Either Party may terminate the Agreement without cause upon 30 days' advance written notice to the other Party. 8.3. Either Party may terminate the Agreement for cause, effective immediately upon written notice to the other Party. "Cause" shall include failure to remit any monies due or any other breach of this Agreement which is not cured within 5 days of notice. Notice shall not be required prior to termination for failure to pay timely. 8.4. Any provision of this Agreement which expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect, including without limitation, the payment obligations of the Reseller, which shall survive until all payments due to FlixBus have been paid in full. 9. Indemnification THE RESELLER UNDERTAKES TO INDEMNIFY FLIXBUS FOR THIRD PARTY CLAIMS AS SET FORTH HEREIN. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE PROVISIONS PRIOR TO SIGNING THIS AGREEMENT. Only to the extent allowed by State of Texas law, Reseller shall hold harmless FlixBus, its parent company, affiliates, subsidiaries, officers, directors, shareholders, employees, 5 lenders, successors, and assigns (the "FlixBus Parties") from and against any and all losses, claims, demands,actions,causes of action,costs and expenses(including,without limitation, reasonable attorneys' fees) related to the services contemplated and/or provided by Reseller arising out of this Agreement, discrimination against passengers, claims relating to injury, death or damage, including breach of data privacy obligations, personal injuries and to property and ticket sales when caused by Reseller or Reseller's employees, agents, contractors, subcontractors, invitees, or licensees, unless the injury, death or damage is caused by the sole negligence of FlixBus. Such indemnity shall survive any termination of this Agreement. Only to the extent allowed by State of Texas law, Reseller further agrees to indemnify and hold harmless FlixBus from any and all claims that Reseller or any of its employees, contractors, subcontractors or representatives is an employee of FlixBus and shall reimburse FlixBus for any and all damages and expenses associated with such claims including attorney's fees and costs. All indemnities shall survive any termination of this Agreement io. Independent Contractor Status The Reseller is an independent contractor and neither the Reseller nor its employees, contractors, or Sub-Agents are, or will be deemed FlixBus' employees. The Parties agree that this Agreement creates an independent contractor relationship, not an employment relationship.As such, neither the Reseller nor FlixBus will have the right to direct or control the day-to-day work or the terms and conditions of employment of the other Party's employees. Neither Party is, nor shall claim to be, a legal agent, representative, partner, or employee of the other and neither shall have the right or authority to contract in the name of the other, nor shall it assume or create any obligations, debts, accounts, or liabilities for the other. ii.Severability If any provision of this Agreement is or becomes ineffective or invalid, this shall not impair the effectiveness of the remaining provisions. The ineffective or invalid provision shall be replaced by mutual consent with an effective provision which comes closest to the commercial purpose intended by the ineffective or invalid provision. 12. Entire Agreement; Amendment The Agreement (including each item incorporated by reference) constitutes the entire agreement between the Parties and supersedes and extinguishes all previous drafts, agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to the subject matter hereof. Any amendment or modification of this Agreement shall be effective if it is in writing and signed by both Parties except that the Terms &Conditions may be amended or modified pursuant to the terms set forth therein. 13. Governing Law; Arbitration 6 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims)shall be governed by and construed in accordance with the law of the State of Texas without reference to its conflict of law rules. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be filed in a court of competent jurisdiction in Jefferson County,Texas. In any such dispute, the prevailing party shall be entitled to recover all its fees and expenses. 14. Notice Any notice under this Agreement shall be in writing and delivered by United States Certified Mail, Return Receipt Requested, postage prepaid or email with receipt confirmation. Such notice shall be deemed to have been received three (3) days after deposited in the United States Mail. is. Force Majeure. Neither party shall be liable for any delays in performing its obligations hereunder (except for the obligation to pay money) if such delays arise, directly or indirectly, out of causes beyond the control of such party, including without limitation public disturbances, pandemics, fires or acts of God. 16. Assignment. Any rights and/or obligations arising from this Agreement may be assigned or transferred (including by operation of law) wholly or partly to third parties by the Reseller only with the prior written consent of FlixBus, which consent shall be in FlixBus'sole discretion. If the Reseller is sold or otherwise undergoes a change of control, the rights and obligations arising from this Agreement shall not pass to the acquirer unless and until FlixBus has given its prior written consent, which consent shall be in FlixBus' sole discretion. 17. Code of Conduct Reseller agrees to abide by and conduct itself and to ensure that its representatives abide by and conduct themselves in accordance with the FlixBus code of conduct, which may be found at the link below and may be amended from time-to-time: hops://global.flixbus.com/company/partners/code-of-conduct 18. Insurance. Reseller shall maintain at its sole cost and expense insurance coverage. These requirements shall be in addition to all coverage required by law or regulation. • a. Workers' compensation and employers' liability insurance meeting all statutory limits covering all employees involved with the work or services under this Agreement. b. Liability claims and risk claims insurance coverage through the Texas Municipal Intergovernmental Risk Pool. The required coverage shall carry limits of liability of not less than $500,000 per occurrence, the premiums being payable at the sole cost and expense of Reseller. Reseller shall provide FlixBus with certificates of insurance evidencing the insurance coverages required hereinabove and Reseller shall furnish FlixBus with a new certificate of insurance upon each policy renewal. Reseller acknowledges that the above minimum insurance requirements stipulated by FlixBus shall not be deemed to be a recommendation as to the appropriate level of insurance for Reseller's business. 19. Data Ownership, Confidentiality and Privacy. All data pertaining or relating in any way to customers shall be the sole and exclusive property of FlixBus and Reseller shall have no right of use or ownership of such information. Reseller shall always comply with all data privacy policies and procedures of FlixBus and shall not maintain in any form any customer data including but not limited to data related to a customer's identity and/or purchase. Reseller shall also comply with all rules of use of the website of FlixBus and its affiliates including but not limited to those found at www.flixbus.com and www.greyhound.com. Each Party will protect, and will ensure that its employees, representatives, and agents protect confidential information to prevent the unauthorized use, dissemination, disclosure, alteration, destruction, or publication thereof. "Confidential Information" shall include the terms of this Agreement and any and all information related to the Bookings, customers and potential customers. A Party may disclose Confidential Information only to those of its personnel, agent(s) or contractor(s) who have a need to know and who are under an obligation of confidentiality at least as restrictive as that contained herein and if such disclosure is in compliance with applicable law. Each such recipient of Confidential Information will be advised of the obligations under this Agreement. Confidential Information received may be used only to fulfill the purposes of the Agreement. The foregoing confidentiality obligations will not apply to information that: (i) is already known prior to disclosure through no fault or breach on the part of disclosing Party; (ii) is or becomes a matter of public knowledge through no fault or breach of disclosing Party; (iii) is rightfully received without a duty of confidentiality from a third party who has the right to transfer or disclose it; (iv) is independently developed by a Party without reliance upon any Confidential Information; or (v) is disclosed by operation of law. Reseller acknowledges that during the Term of this Agreement, Reseller may become familiar with "personal information" or "personal data" (jointly "Client Personal Data") as defined under applicable privacy laws currently in effect or promulgated hereinafter("Data 8 Privacy Laws"). Notwithstanding the foregoing, any and all data regarding customer(s) is the property of FlixBus and shall be included in the definition of Client Personal Data. Reseller is permitted to use Client Personal Data to perform the Services outlined herein and for no other purpose. Reseller shall act as a Contractor,Service Provider, or Processor, as those terms are defined under applicable data protection laws. Reseller shall have no right to Client Personal Data and Reseller's collection of Client Personal Data shall not constitute a grant of license or a transfer of rights to the Client Personal Data. Reseller is prohibited from (a) selling or sharingClient Personal Data; (b) retaining, using, or disclosing Client Personal Data; (c) marketing or commercially exploiting Client Personal Data; (d) disclosing Client Personal Data for a commercial purpose; or (e) combining Client Personal Data received from or on behalf of Client with personal information Reseller receives from, or on behalf of, another person or business entity from its own interactions with a customer. Upon termination or expiration of this Agreement, Reseller shall delete or return, at Flix Bus' request, all Client Personal Data. Reseller shall immediately notify Flix Bus in writing of any breach of the provisions or violation of any Data Privacy Laws related to Client's Personal Data. Any external communications, including for public relations, is subject to approval of both Parties prior to disclosure. All appropriate requests for disclosure must therefore be approved without exceptions by both Parties' public relations departments in advance. The Parties agree to notify the other immediately if it becomes aware of any unauthorized disclosure or use of the Confidential Information. If Reseller is presented with a request for documents by an administrative agency, a discovery request, a court order, or a subpoena for any records, data or documents which are the Confidential Information of the FlixBus or that contain Client Personal Data, Reseller shall immediately give written notice to FlixBus. Additionally, to the extent permitted by applicable law, FlixBus shall have the opportunity to contest such process by any means available to it before the records, data or documents are submitted to a court, administrative agency or third party, and Reseller shall cooperate with FlixBus in such defense. If Reseller is presented with a valid public information request pursuant to any Texas Public Information Laws for any records, data or documents which are the Confidential information of the FlixBus or that contain Client Personal Data, Reseller may disclose Confidential Information, but only to the extent necessary to comply with the public information request; prior to any such disclosure, Reseller is obligated to remove or redact any and all Client Personal Data. 9 • r IN WITNESS WHEREOF,the Parties have executed this Agreement to become effective as of the date noted herein. FUXBUS,INC. CITY OF PORT ARTHUR By: By: Name: Name: Title: Title: Date: Date: (FlixBus,Inc.signature is valid provided the document is true to form) 7 Exhibit "B" AGREEMENT FOR LOCATION-RELATED SERVICES BETWEEN TICKET RESELLER AND GREYHOUND LINES, INC. This Agreement for Location-Related Services Between Ticket Reseller and Greyhound Lines, Inc./FlixBus ("Agreement") is entered into and effective as of April 9, 2026 ("Effective Date") by and between Greyhound Lines, Inc. on the one hand ("Greyhound"), with its principal place of business at 9773 Harry Hines Blvd Dallas, TX 75220, and City of Port Arthur, Texas ("Reseller") on the other hand (referred to herein as "Reseller"), with its principal place of business at 444 4th St, Port Arthur, TX 77640 (collectively the "Parties" and individually a "Party"). WHEREAS, FlixBus has engaged Reseller as its non-exclusive agent at a facility located at 344 Procter St, Port Arthur, TX 77640 (the "Location") to make Bookings on its behalf from the Location and the Reseller accepts such appointment; WHEREAS, Reseller also agrees to provide certain services at the Location pursuant to the terms herein. Reseller's Representations and Responsibilities 1. Location. To ensure that the Location is equipped, clean, safe, and suitable for the transaction of Greyhound business and the accommodation and comfort of its patrons, including suitable waiting room or space, adequate sanitary toilet facilities, and handling of baggage; to maintain all areas of the Location, including the waiting room, restrooms, ticket counter, driveways, walks, approaches, and premises appurtenant thereto in a clean, sanitary and safe condition at all times. This obligation specifically includes the obligation for Reseller to perform at least one daily walkthrough of the Location to identify any issues that require repair, cleaning, adjustment to maintain compliance, or that do not meet the standards set forth above. Reseller is required to report any necessary repairs to their Regional Sales and Agency Manager (RSAM). Reseller shall further ensure that any issues affecting the reasonable accommodation and comfort of Greyhound patrons at the location are timely addressed. 2. Reporting of Issues with Greyhound Vendors. Reseller is required to immediately report to the Regional Sales and Agency Manager if it observes or otherwise becomes aware of any Greyhound vendors who are not performing their tasks in a safe or suitable manner, or are otherwise not adequately performing the tasks or services or providing the goods for which they have been contracted. Reseller agrees that any damages, claims, or losses suffered by Reseller, Greyhound, or any third party as a result of the acts or omissions or Reseller and/or its employees, agents, or representatives shall be the sole responsibility of Reseller and Greyhound shall have no liability to Reseller for same. • 3. Serving Customers with Disabilities. Reseller represents and warrants that the Location and the services will be operated in compliance with all applicable laws related to serving customers with disabilities including the Americans with Disabilities Act ("ADA"). 4. Nondiscrimination in Services. Reseller is committed to ensuring that no person on the basis of race, color, national origin, ethnicity or any other protected category will be excluded from participation or subjected to discrimination in the level and quality of services or related benefits provided by Reseller, its employees, affiliates, and contractors. Reseller must post a public Title VI Notice to Beneficiaries in compliance with Circular FTA C 4702.1 B, Appendix B. The notice must be displayed in public areas at Reseller's physical location(s) in areas available to the public and on its website. The notice must be translated into languages other than English as needed. For all other services, Reseller shall be compensated at a monthly rate (herein "Monthly Compensation") as follows: Monthly Compensation. For leased premises of Greyhound, an amount of $75.00 per month shall be paid to the Reseller. No additional non-contracted amounts will be paid to Reseller. IN WITNESS WHEREOF, the Parties have executed this Agreement to become effective as of the effective date noted herein. GREYHOUND LINES, INC.FliXBUs City of Port Arthur, Texas By: By: Name: Name: Title: Title: Date: Date: