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MASS TRANSIT MANAGEMENT AGREEMENT <br /> This Agreement is made and entered into by and between the City of Decatur of the State of Illinois <br /> (hereinafter referred to as the"CITY"), and First Transit, Inc., a Delaware corporation (hereinafter <br /> referred to as"CONTRACTOR" '). The CITY and CONTRACTOR,in consideration of the mutual <br /> covenants contained herein, and for valuable considerations exchanged between the parties hereto, <br /> hereby agree as follows: <br /> 1. EMPLOYMENT AND ACCEPTANCE <br /> The CITY hereby engages CONTRACTOR as an independent contractor to manage and <br /> supervise the conduct and operations of the Decatur Public Transit System in the Decatur <br /> urban area, including additions to and extensions thereof, (hereinafter referred to as the <br /> "Transit System"),as provided herein. CONTRACTOR agrees to supply such services upon <br /> the terms and conditions set forth herein. <br /> 2. DESIRED RESULT <br /> The desired result to be achieved by CONTRACTOR is management of the Transit System <br /> under the CITY's policies and in a way that will provide the quality and quantity of service <br /> demanded by the CITY,as determined from time to time by the CITY. CONTRACTOR will <br /> not, however, be expected to achieve results beyond the limits of the funding and other <br /> resources made available to it for the management and operation of the Transit System. <br /> 3. SCOPE OF SERVICES OF CONTRACTOR <br /> Notwithstanding anything in this Agreement to the contrary,CONTRACTOR acknowledges <br /> and agrees that all matters of policy,including,but not limited to the scope of transportation <br /> services, fares and scheduling, are and shall continue to be controlled by the CITY. <br /> CONTRACTOR shall furnish management services as reasonably required by the CITY and <br /> 1 The parties understand and agree that the term CONTRACTOR,as referred to herein,shall include the <br /> subcorporation formed pursuant to paragraph 5,if any, and all terms and conditions,rights owed to or <br /> duties required by CONTRACTOR pursuant to this Agreement shall likewise apply to the subcorporation. <br /> 1 <br />