HomeMy WebLinkAboutResolution - 2024-R0222 - Third Amendment To The Ticket Reseller Agreement, Flixbus, Inc - 04/23/2024Resolution No. 2024-R0222
Item No. 6.28
Apri123, 2024
12ESOLUTION
BE IT IZESOLVLD BY I'HC CI1'Y COLJNCIL OF THr CITY OF LUBBOCK:
TIIAT the Mayor of the City of Lubbock is hcreby authorized and directed to execute
for and on bchalf of the City of Lubbock, a Third Amendment to Ticket Reseller Agrcement
and related documents, by and between the City of Lubbock and rlixBus, Inc., to modify terms
regarding accounting and payment processes, and data protection. Said Amendment is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of thc City Council.
Passcd by thc City Council on _ Apri123, 2024_ .
ATTEST:
— -- ----- - --- - -
Courtney Ya�, City Secretary
nPPROVLD ns '1'O
Bill Howert�
'I'RAY 1'AYNi� AYOR
AP�'ROVLD �1S '1'O 1�ORM:
it� S c, �irst Assistant City Attorncy
ccdocs [IIRGS.3`d Amcnd-I�lixl3us, Inc.
March 25, 2024
r-�nt�rru�.T�r•
Resolution No. 2024-RO222
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THIRD AMENDMENT
TO THE
TICKET RESELLER AGREEMENT
THIS THIRD AMENDMENT TO THE TICKET RESELLER AGREEMENT ("Third Amendment") is entered
into by and between FlixBus, Inc. ("FlixBus") on the one hand and CITY OF LUBBOCK, TEXAS ("Reseller"),
with the assigned agency number of 151153, on the other hand (collectively the "Parties", and individually
a "Party"). Capitalized terms not defined herein shall have the same meaning as in the Agreement.
WHEREAS, Reseller and FlixBus entered into a Ticket Reseller Agreement, effective 12/1/2022 (the
"Agreement"), setting forth the terms and conditions for Reseller to sell tickets for FlixBus;
WHEREAS, the Parties previously agreed to amend certain terms of the Agreement in a First
Amendment to Ticket Reseller Agreement; and
WHEREAS, the Parties desire to further amend the Agreement, as set forth herein.
NOW THEREFORE, in consideration of the premises and mutual covenants set forth herein, and for
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree to amend the Agreement as follows:
Under section 7 titled "Accounting and Payment", a new sub -section 7.9 will be added with
the following:
7.9 FlixBus may choose to place a Ticket Vending Machine ("TVM") at
Reseller's Location at FlixBus' discretion, provided Reseller approves of the TVM
placement. If any TVMs are placed by FlixBus at Reseller's Location, FlixBus agrees
to pay Reseller the commission amount of Ten (10%) of gross sales generated from
ticket sales from any TVM.
A) Cash Servicing of TVM — Reseller and Reseller's staff will be
responsible for the following cash servicing detailing of any TVM:
• Refill bills,
• Refill coins,
• Cash balancing and deposits,
• Updating cash counts, and
• Printing receipts in the TVM admin.
B) Managing of TVM — Reseller and Reseller's staff will be
responsible for the daily management of any TVM. The location of any
TVM must be maintained in an area visible to the general public.
C) issues to be Addressed — Reseller and Reseller's staff will alert
FlixBus of any alerts and/or issues in a timely manner. Alerts and/or
issues of any TVM would include:
• Coins out / Dispenser issues,
• Cash out / Dispenser issues,
• Paper out / Printer issues,
• Acceptor full,
• Hardware issues,
• Inoperable issues, or
• Network issues.
D) FlixBus as Owner of TVM — FlixBus is the owner of all TVMs
and can remove any TVM from Reseller's Location for any reason
whatsoever upon 30 days' advance notice to Reseller.
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II. A new paragraph shall be added to the end of the Section 19, entitled "Data Ownership,
Confidentiality and Privacy," as follows:
"The Parties agree to handle Client Personal Data in accordance with the Data
Protection Addendum ("DPA") located at: https://www.flixbus.com/dpa-
resellerswhich is expressly incorporated into the Agreement by reference.
The DPA may be updated from time -to -time by FlixBus, as needed to comply
with Data Privacy Laws. This Section shall survive termination of the
Agreement."
III. This Third Amendment shall be effective retroactively to the same date of effectiveness as
the Agreement.
IV. All other provisions in the Agreement not specifically referenced herein shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment to become effective as
of the effective date noted herein.
For FlixBus
FlixBus, Inc.
oocusiynea by:
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Signature:
e,eanon8ce224e2
lose soares
Name:
Head of offline Sales
Title:
Date:
04.03.2024 1 20:09 CET
For Reseller
CITY OF LUE
Signature:
Name:
Title:
Date: April 23, 2024
4909 Lubbock, Texas Citibus