HomeMy WebLinkAboutRES 11-343 RESOLUTION NO. 11-343
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves a three (3) year contract with two (2) successive
one (1)year renewal options with CCL Management, Inc., of Jacksonville, Florida, for the
management of the Beaumont Municipal Transit system at the prices shown below:
Price Structure Year 1 Year 2 Year 3 Year 4 Year 5
Management Fee $40,000 $40,000 $40,000 $40,000 $40,000
General Manager 69,000 70,500 72,000 73,500 75,000
Accounting Services 24,000 24,000 24,000 24,000 24,000
Payroll Services 4,000 4,000 4,000 4,000 4,000
Purchasing Services 6,000 6,000 6,000 6,000 6,000
Travel Costs 6,000 6,000 6,000 6,000 6,000
Other Indirect Costs 40,000 40,000 40,000 40,000 40,000
Total 1 $189,000 1 $190,500 1 $192,000 1 $193,500 1 $195,000
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with CCL Management, Inc., of Jacksonville, Florida, for
the purposes described herein. The contract is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
December, 2011.
- Mayor Becky.Ames -
cS
MANAGEMENT AGREEMENT
THIS AGREEMENT made and entered into this the day of ,20 by and
between the City of Beaumont, a Texas municipal corporation, (hereinafter referred to as City), and
Beaumont Transit Company,a Texas corporation of Beaumont,Texas(hereinafter referred to as Company).
WITNESSETH:
WHEREAS, the City has acquired vehicles, repair facilities, furniture, fixtures, books, records,
contracts and other properties for the operation of a public transportation system for the use and benefit of
the public;and
WHEREAS,the City intends to retain title,ownership,use and possession of all properties now or
hereafter acquired for the purpose of said public transportation system and the revenues to be derived
therefrom,but desires to engage a firm to operate and manage,under the supervision of the City,said public
transportation system; and
WHEREAS,the Company,its officers, and supervisory employees are trained and experienced in
the operation of public transportation systems; and
WHEREAS,the City deems it advisable and in the public interest to execute an agreement with the
Company for the operation and management of its public transportation system;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein,it is agreed that:
Section 1:The City hereby retains and employs the Company to provide management services and
to operate its public transportation system, comprising all properties, equipment, facilities, routes, and
services,now or hereafter existing for such purpose,to the end that the Company shall employ,furnish,and
supervise the personnel, including the Resident Manager,necessary for the City's operation of its public
transportation facility, and shall also perform such other services as hereinafter provided and under the
conditions set forth. In this connection,the Company shall assume the active direction of the transportation
system,including transportation,maintenance,schedule preparation,labor relations,accounting,employee
selection and training,and supplying public information to the public in person or over the telephone. In
addition,the Company shall furnish and supervise all personnel required for the City's operation of its public
transportation system. It is the intention of the parties in the execution of this Agreement that the Company
shall provide the full and complete management services for the public transportation facility owned by the
City during the term hereof and any specific duties and obligations set forth herein shall not be construed as
limitations.
This agreement shall become effective on ,20_and shall remain in effect for a
period of three (3) years from and after the effective date and for two additional one (1) year periods
contingent upon satisfactory performance by the Company, meeting goals to be established by the parties
hereto.
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EXHIBIT"A"
Section 2: The City agrees to provide and furnish to the Company for the operation of the public
transportation system all of the properties and facilities of such system now or hereafter owned,purchased
or leased by the City including,but not limited to,(a)passenger and service vehicles,(b)gasoline,diesel and
other fuels,oils and lubricants,(c)tires and tubes for such vehicles, (d)repair and replacement parts and
materials,(e)furniture,fixtures, and all necessary and usual office equipment and facilities,(f) shop and
repair facilities,tools and machinery,and(g)land and buildings used for transportation purposes. Title to
and ownership of all of said properties and facilities,including leasehold interests,shall be taken and held
in the name of the City;purchases or acquisitions made after the effective date of this Agreement for the
benefit or operation of the public transportation system shall be made by the City.
Section 3: The Company agrees to manage, supervise, and operate the City's said public
transportation system in an efficient and economical manner.
Nothing in this agreement shall or should be taken as a guarantee or representation by the Company
that the operation of the City's public transportation system shall produce a profit to the City or shall be free
from loss by reason the Company's management of the same pursuant to the terns of this agreement. The
public transportation system shall be operated over the routes,on the schedules,and at the rates of fare as
designated by the City,it being understood that,as between the parties hereto,the City has the sole authority
to determine and set the rates to be charged,the routes to be operated,and the service to be furnished.
Section 4: The Company agrees to furnish for the active management and direction of the system
such general managerial, administrative,and technical services and guidance as shall be necessary for the
proper operation of the system. The services may be provided in the principal office of the Company's
parent corporation, or at such other place, or places, as the Company shall determine. The services and
guidance provided by the Company's parent corporation or affiliated companies include,but are not limited
to:
(a) a r lls:The maintenance of employment records;cross checking of pay rates and rate increases
to labor contracts;calculation of special pay rates under labor contract; summarization of daily time cards
for total pay hours and gross pay;calculation of withholding and social security taxes;maintenance of other
payroll deduction records and ledgers for pension contributions, bonds, uniforms, union dues, group
insurance,United Way, etc.; maintenance of schedules as to timing of deductions;calculation of net pay;
preparation of quarterly Federal and state payroll tax returns;preparation of weekly depository forms and
filings for payroll taxes;preparation and issuance of W-2 forms at year end;maintenance of record of exempt
wages;preparation of payroll register;maintenance of individual employee earning records;and preparation
of the individual paychecks.
(b)Accounts Payable: Processing of all disbursements; matching receiving reports with invoices
received;checking to set that Purchasing has verified the pricing with the purchase order; reconciling the
individual invoices to the vendor's statement;preparing the vouchers and voucher register and preparing the
disbursement checks for signature.
(c)Purchasin : Issuance of purchase orders; maintenance of price lists; maintenance of perpetual
inventory records;preparation of bidding specifications for tire,fuel,and similar contracts;issuance of bid
proposals for tire,fuel,and similar contracts and analysis of such bids;combination ofbidding with affiliated
operations,if beneficial;physically Snake,summarize,and analyze inventories offuel,materials and supplies,
and other assets; cross shipping of parts with affiliated operations to reduce obsolescence; preparation of
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requests to manufacturers for parts returns;supervision and control of billings under manufacturers warrants;
product comparison;supervision and evaluation of field testing of new products;preparation of maintenance
bulletin;coordinate and conduct maintenance manager's conferences.
(d)General Accounting: Maintenance of general ledger and all subsidiary records;preparation of
journal entries;maintenance of statistical information;preparation of budgets and forecasts;preparation of
special reports;preparation of financial statements; preparation and filing of Federal and state payroll tax
returns and other required tax filings;establishment of internal control and procedures to safeguard cash and
other assets; performance of periodic internal audits to assure procedures are adequate and are being
followed;preparation of financial reports required in connection with special Federal or state demonstration
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grants,capital grants and operating subs idies,programming of data pr ocessin g equipment; [availability of
data processing equipment on an as needed basis for payrolls,accounts payable,property records and special
projects.]
(e) Insurance and Safety: Supervise handling and settlement of all accident and injury claims;
conduct safety education programs:administer group insurance coverage;process and control sick pay and
worker's compensation claims;administer the acquisition of insurance coverage;combination of collective
risks of all affiliated operations into one policy if beneficial to spread the risk over a broader base and obtain
lower rates; supervise the handling and processing of worker's compensation and other insurance claims,
coordination of selection and training procedures;coordinate and supervise maintenance of accident records
and driver records; maintain accident statistical data for National Safety Council and American Public
Transit Association competition;prepare and distribute reports analyzing accidents;obtain necessary filings
to comply with state insurance requirements; evaluate data collected from accident investigation and
litigation with excess liability carrier;maintain claim files; and supervise subrogation claims.
During the term of this agreement,the Company shall take out and maintain the following insurance
coverages:
(1) Automobile Liability Insurance applicable to claims arising from the use, operation and
maintenance of buses providing liability limits at least in the amount of$5,000,000 per
occurrence,combined single limits bodily injury and/or property damage. Liability limits
at least in the amount of$1,000,000 per occurrence combined single limits bodily injury
and/or property damage shall be maintained for use and operation of private passenger
vehicles and service vehicles owned or operated by or on behalf of the City.
(2) Automobile Collision and Comprehensive Insurance must be maintained covering all
vehicles owned or operated by the Company. The City shall be named as loss payee as their
interests may appear.
(3) Commercial General Liability Insurance providing liability limits at least in the amount of
$1,000,000 per occurrence applicable to claims for bodily injury and/or property damage.
The City shall be included as named insureds under this policy.
(4) All risk Property Insurance covering loss or damage to personal property and equipment
located within premises leased to or occupied by the City. The City of Beaumont shall be
named as loss payee.
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(5) Inland Marine Insurance protecting against all risks of direct physical loss must be
maintained for communications equipment and other movable equipment of high value.
(6) Employee Blanket Fidelity Bond coverage must be maintained protecting the Company and
the City with limits at least in the amount of the maximum potential exposure to loss of
monies for which the City is responsible.
(7) Worker's Compensation coverage providing statutory benefits and Employers Liability
Insurance,including the Broad Form All States Endorsement shall be maintained,protecting
all employees of the Company against occupational injury or disease.
The Company shall provide the City with insurance certificates certifying that the foregoing
insurance is in force;and such insurance certificates shall include provisions that the insurance shall not be
canceled,allowed to expire or changed without giving the City thirty days written notice by certified mail.
(f)Manageanent:The officers and employees of the Company's parent corporation shall perform all
the normal functions of their positions for the Company without receiving any direct compensation from the
Company;included in these functions are:labor relations;negotiations of labor agreements;administration
of grievances or arbitrations under labor agreements; schedules and run bids; maintenance of pension
records; assistance in preparation of specifications, grant applications, financing, and related managerial
activities for capital additions and operation subsidies;preparation of exhibits and testimony in connection
with budget proceedings and other regulatory matters; assist in long-range planning; set and administer
Company policy. The Company will determine how well the present system is meeting the transit needs of
the present service area,and make recommendations for improvements to better serve the population of the
service area.
(g) Sup= Equipment and Supplies: The Company's parent corporation shall provide at no
additional cost to the City,other than the fee stated herein,equipment such as typewriters,adding machines,
desks,tables,chairs,file cabinets,copy machines,data processing equipment,etc. The management fee shall
include all supplies such as paper,pens,pencils,ribbons,etc.,that shall be necessary to perform the above
functions by the parent corporation.
In addition to the above managerial, administrative and technical services and guidance to be
provided by the Company's parent corporation,the Company agrees to provide from its parent corporation
or its affiliated companies such temporary employees as may be necessary for short duration and for special
projects or emergencies such as illness,death,etc.
The Company's parent corporation further agrees to provide its system of controls,workflow,forms,
etc.,which has been developed over a period of years from experience in many different transit operations.
Section 5: The Company shall prepare operating budgets for the public transportation system for
approval by the City concerning rates of fare,routes and service required to meet City budgets.
Section 6: The Company agrees to retain competent practicing attorneys to handle all legal matters
including,but not limited to,the prosecution and defense of all claims,suits and actions for damages,by or
against the City,or the Company and their officers and employees,individually or jointly,arising out of the
operation of the public transportation system.
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Section 7: The Company shall not be liable to the City for any failure, delay or interruption of
service,nor for any failure or delay in the performance of any duties and obligations under this agreement
due to strikes,Acts of God,government restriction,enemy action,civil commotion, unavoidable casualty
or similar acts beyond the control of the Company.
Section :All revenues received from the operation of the public transportation system, including
fares received from passengers,charter and advertising fees, and monies received from the rental,use or
investment of properties or funds of the City shall be,and remain from the time of the receipt thereof,the
absolute property of the City.
The Company agrees to receive,collect,deposit and disburse such revenues for the operations of the
public transportation system, and to keep and maintain books and records of the operation of the public
transportation system in accordance with standard accounting procedures applicable to such operation,and
to render and certify to the City full and complete monthly and annual operating and financial reports in the
form and manner approved by the City,and such other information in respect to the operation of the public
transportation system,as the City may from time to time request.
Section 9: The Company agrees to audit, verify and prepare vouchers, to prepare checks for the
signature of the person(s) designated by the City, and disburse funds for the payment of the operating
expenses of the system, which operating expenses are defined to mean and include, but not by way of
limitation:
(1) Reimbursement to the Company the gross amount of wages and salaries paid to or for the
benefit of all employees of the Company including the Resident Manager, including all
social security,unemployment and other payroll taxes now or hereafter imposed or levied
on any employer and paid on the salaries and wages of such employees and officers of the
Company, and the expense of worker's compensation insurance covering all such
employees.
(2) Payments made by the Company pursuant to any Pension or other plan presently in effect
for the benefit of the Company's employees, and as the same may be hereafter amended
from time to time,and other employee costs,including medical and hospitalization program
costs.
(3) All payments made in settlement of claims or satisfaction of judgments arising out of injury
or death of persons, or damage to property incurred in the operation of the public
transportation system,and all expenses incident thereto,including the expense of operating
the claim department,attorney's fees,court costs and other expenses of the trial of lawsuits,
witness and investigation expenses,medical,hospital and ambulance services,the cost of
bonds and deposits required by law,and the premium on liability insurance. (The Company,
the City,their officers of employees,shall be protected as their interests may appear by the
insurance described in Section 4,and the creation by the City of a casualty reserve fund,as
provided in Paragraph(7)of this Section,in an amount equal to the then estimated liability
not covered by insurance for all outstanding claims.)
(4) All general and miscellaneous expenses incident to the operation and proper maintenance
of the public transportation system including,but not limited to, cost of general property
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insurance, fidelity bonds, telephone, telegraph, postage, freight, stationery and printing,
office supplies, checks, etc., maintenance of office machines and equipment, books,
newspapers,utility services,materials,legal fees,medical expenses,services rendered under
general or special contracts,advertising,printed schedules and route maps,drafting supplies
and blueprinting expense,arbitration expense,audit expense,bank charges,comprehensive
liability insurance,American Public Transportation Association expense,National Safety
Council expense,cost of technical journals and services,and other expenses of a usual and
customary nature incident to the operation of the public transportation system.
Only the following expenses shall be excluded from reimbursement to the Company:
Corporate expenses;taxes of all kinds levied by reason of property owned by,or net income
of,the Company. (It is believed that the Company is not liable for any taxes other than the
foregoing,but in the event it should be adjudged liable for any other taxes, the Company
shall be reimbursed for same.)
(5) For the managerial, administrative, technical services and guidance provided by the
Company's parent corporation and as management compensation,the City agrees to pay to
the Company a monthly fee as follows:
Year One 10.000.00 _ Per Month
Year Two 10 000.00 Per Month
Year Three 10.000.00 Per Month
Year Four 10.000.00 Per Month(If Contract is Extended)
Year Five 10.000.00 Per Month(If Contract is Extended)
(b) Payment to vendors and contractors for all amounts due for the purchase of materials,
supplies,fuel,transfers,passes and tickets,or other items purchased by the Authority for use
in the operation ofthe public transportation system,and the payment ofrental or use charges
due for tires,machinery and other items leased by the City for such purpose.
(7) Payment into a"Casualty Reserve Fund"of the City of an amount sufficient to make the
balance in such fund at the end of each month equal to the then estimated liability not
covered by insurance,for all outstanding claims against the Company or the City,jointly or
severally,arising out of the operation of the public transportation system, said Fund to be
maintained until all estimated liability and claims protected thereby shall have been fully
discharged.
tion 10:The City shall maintain the current operating capital of$108,000 as an advance payment
for current month expenses.
Section 11: If this agreement is terminated or is not renewed with the Company, the City shall
assume or make arrangement for the assumption of all then existing obligations or liabilities of the Company
in connection with the provision of management services to the City's public transportation facility, the
furnishing of personnel necessary for the City's operation of its public transportation system,and all other
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undertakings by the Company hereunder unless such commitments,obligations,liabilities,and undertakings
have not been incurred as provided in this agreement. Upon such termination,the Company and its parent
corporation shall deliver to the City or its designee in Beaumont,Texas,all the records and other written data
pertaining to the operation of the system maintained by the Company or the Company's parent corporation
for the City under the terms of this agreement including, but not limited to, inventory records, vehicle
maintenance records, accounting records, and personnel records pertaining to the Company's personnel;
provided,however,that nothing in this paragraph shall require the Company to disclose information about
its personnel in violation of any applicable law.
Section 12:
(a)Termination for Convenience
(1) The City may terminate this agreement upon receipt of any notice that effectively terminates
or denies operating assistance from the Federal Transit Administration (FTA) or other
cognizant Federal agency.
(2) Any termination under this paragraph shall be effected by delivery to the Company of a
written notice of termination specifying the extent to which performance of work under the
contract is terminated, and the date upon which such termination becomes effective.
(b)Termination for Default
(1) In the event that review of the Company's performance shows nonconformance to the work
required by this agreement, the Scope of Services or other terms or conditions contained
herein as a result of the Company's errors,omissions or negligent acts,Company shall be
in breach of this agreement and the City may take corrective action as they deem necessary
including, but not limited to, termination, withholding, or reduction of payment. In the
event that the City fails to comply with the terms of this agreement,the Company shall have
the right to terminate this agreement.
(2) A termination under this paragraph shall be effected by delivery to the defaulting party or
parties of a written notice of termination stating the reason(s)therefore thirty(30)days prior
to the effective date of the termination. The party or parties receiving notice shall thereafter
have ten(10) days to provide an explanation or justification, and/or shall undertake any
reasonable remedial action required by the noticing party. If,in the opinion of the noticing
party,the other party or parties remain in violation of this agreement at the completion of
the ten (10) day period, the agreement shall be terminated as provided in the notice of
termination whereupon all obligations of the noticing party to the other party shall cease.
(c)Payment Upon Termination
In the event the contract is terminated prior to completion of the services by Company, Company
shall be paid for services performed to the date of termination. In no event will the amount due
Company in the event of termination exceed that amount set forth in or agreed upon pursuant to
Section 9 of this agreement.
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Section 13: It is mutually agreed that the Company is an independent contractor and its employees
are neither employees nor agents of the City. As such, employees of the Company shall not be entitled to
any employment benefits of the City,such as,but not limited to,vacation,sick Ieave,insurance,worker's
compensation,or pension and retirement benefits.
Section 14: It is agreed that the City's failure to insist upon the strict performance of any provision
of this agreement,or to exercise any right based upon a breach thereof,or the acceptance of any performance
during such breach shall not constitute a waiver of any rights under this agreement.
Section 15:The work to be performed under this agreement is on a project assisted under a program
providing direct Federal financial assistance from the United States Department of Transportation and is
subject to the requirements of the Urban Mass Transportation Act of 1964,as amended,49 U.S.C.et. es q.
This agreement shall be subject to any and all terms and conditions of any and all applicable underlying
grants or agreements by which the City receives funding from the United States of America,State of Texas,
or any agencies of subdivisions thereof to finance in part or in whole this agreement. This agreement shall
be subject to all amendments, changes or other modifications to said grants, agreements, or laws and
regulations under which they are promulgated that may occur during the terms of this agreement or any
subsequent extensions of it. The parties to this agreement further certify and agree that they are under no
contractual or other disability which would prevent them from complying with these requirements.
Section 16:The Company agrees that it shall not discriminate against any employee or applicant for
employment or otherwise illegally deny any person participation in or the benefit of any program or activity
which is the subject of this agreement because of race,color,sex,religion,national origin or disability. To
the extent applicable, the Company will comply with all provisions of Executive Order No. 11246 of the
Civil Rights Act of 1964,(P.L.88-352),the Equal Employment Opportunity of 1972,(P.L.92-261),Section
1615 of the Urban Mass Transportation Act of 1964,as amended and all other applicable Federal,state and
local laws,ordinances,rules,regulations,orders,instructions,designations and other directives promulgated
to prohibit discrimination. Violation of this provision (after notice) shall be a material breach of this
agreement and may result in a termination or suspension of this agreement in whole or in part,at the option
of the City.
,Section 17: No member of or Delegate to Congress of the United States, and no resident
commissioner,shall be admitted to any share or part of this agreement or to any benefit to arise from the
same.
Section 18: No member, officer or employee of the City, who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall have any
interest direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be performed
in connection with this agreement. The Company shall incorporate, in all contracts or subcontracts in
connection with this agreement,a provision prohibiting such interest in accordance with this Section.
Section 19: All financial records, supporting documents, statistical records and all other records
pertinent to this contract shall be retained for a period of three years after the expiration thereof. However,
if any litigation,claim or audit is started before the expiration of the three year period,the records in question
shall be retained until all litigation,claims or audit findings involving the records have been resolved.
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The Secretary of Transportation,the City Manager of the City of Beaumont,and any of their duly
authorized representatives shall have access during normal business hours to any pertinent books,documents,
papers, and records of the Company to make audits,examinations,excerpts,and transcripts.
Section 20: The City desires that Minority Business Enterprises have the maximum opportunity to
participate in the performance of this contract and will:
(a) Promote affirmatively (where feasible in accordance with all applicable laws, statutes and
constitutional provisions) the procurement of goods, services, and supplies from minority owned
business enterprises.
(b) Insure that competitive and equitable bidding opportunities are followed to afford minority
business enterprises participation. Strive to obtain contract and subcontract awards to minority
business enterprises.
(c) Identify and communicate to the minority business enterprises community procedures and
contract requirements necessary for procurement of goods,services and supplies for projects and
subcontracts.
(d)Provide technical assistance as needed.
The Company shall insure that minority business enterprises have the maximum opportunity to
compete for and perform portions of the work included in this contract and shall not discriminate on the basis
of race,color,national origin,sex,or disability. The Company shall include,this special provision,Minority
Business Enterprises(MBE),in all subcontracts for this contract. Failure on the part of the Company to carry
out the requirements set forth in this special provision may constitute a breach of contract and after proper
notification may result in termination of the contract or other appropriate remedy.
A minority business enterprise is defined as a business,with at least fifty(50%)percent owned and
controlled by minority group members. The minority ownership must exercise actual day-to-day
management. Minority group members may consist of Black Americans(an individual of the Black race of
African origin),Hispanic Americans(an individual of Spanish speaking culture,origin or parentage traceable
to the areas of the Far East,Southeast Asia,the Indian subcontinent and the Pacific Islands,Indian American
(an individual who is an enrolled member of a Federally recognized Indian tribe,or recognized by the tribe
as being an Indian, as evidenced by a certification of tribal leader), American Aleuts or any recognized
minority group approved by the City.
A Woman Business Enterprise is a business with at least fifty(50%)percent owned and controlled
by women who exercise actual day-to-day management.
The Company shall exercise all necessary and reasonable steps to insure that Minority Business
Enterprises and Women Business Enterprises participate in the work required in this contract. The Company
agrees by executing this contract that it will exercise all necessary and reasonable steps to insure that this
special provision contained herein on Minority Business Enterprise is complied with.
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Section 21: This agreement is governmental in nature and for the benefit of the public and is not
intended to be for private profit or gain. Any fees charged hereunder are intended to reflect as closely as
possible the City's actual cost and neither party intends to waive its sovereign immunity by reason of this
agreement.
Section 22:This agreement shall extend to and be binding upon the successors,heirs and assigns of
the parties hereto,provided that the Company shall not assign or transfer its rights or obligations hereunder
without the prior written consent of the City, and provided further that no person, firm or corporation
contracting with the Company,and no sub-contractor,shall be subrogated to any of the Company's rights
hereunder nor shall any of said parties be deemed to be a third party beneficiary hereunder. The City shall
and may exercise all powers and authority granted it under this Agreement without liability on its part to the
Company. As used hereunder the singular shall include the plural and the use of one gender all genders,as
the context requires.
Section 23: This agreement constitutes the entire understanding of the parties.
Section 24: The parties will make and execute all further instruments and documents required to
carry out the purpose and intent of the agreement.
Sect' 5:All of the terms and conditions contained herein shall be interpreted in accordance with
the laws of the State of Texas. In the event of a conflict between the various terms and conditions contained
herein or between these terns and other applicable provisions,then the more particular shall prevail over the
general and the more stringent or higher standard shall prevail over the less stringent or lower standard.
Section 26: If any section, subsection, paragraph, sentence, clause, phrase or portion of this
agreement is for any reason held invalid,unlawful or unconstitutional by anycourt of competent jurisdiction,
such portion shall be deemed severable and such holding shall not affect the validity of the remaining
portions hereof.
Section 27: All notices hereunder and communications with respect to this contract shall be effective
upon the mailing thereof by Registered or Certified Mail, return receipt requested, postage prepaid, and
addressed as follows:
A. If to Beaumont Transit Company:
Beaumont Transit Company
3545 West Beaver Street
Jacksonville,Florida 32254
B. If to the City:
City Manager
City of Beaumont
P.O.Box 3827
Beaumont, TX 77704
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ect'on 28:This agreement shall not be modified or otherwise amended except in writing signed by
the parties.
IN WITNESS WHEREOF,the parties hereto have executed this contract and agreement on
the day of ,A.D. 20 ,as of the date and year aforesaid.
BEAUMONT TRANSIT COMPANY CITY OF BEAUMONT
By By
President City Manager
ATTEST: ATTEST:
Secretary City Clerk
GArORMSUracuit AgmcmeM.wpd
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