R2012-11 APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COUNTY OF MACON

Home Browse Search

C. The respective governing bodies of each party of this Agreement have approved and authorized this Agreement and the performance of the activities set forth herein. Each party acknowledges and represents that it has the legal power, right, and authority to enter into this Agreement and to perform the duties and obligations contemplated hereby. D. This Agreement fully sets forth the purposes, powers, rights, objectives, and responsibilities of the contracting parties with respect to the subject matter hereof. 3. Powers, Rights, and Responsibilities of the County. A. That the County agrees to provide public transportation to areas in Macon County that are outside of the service area of the Decatur Public Transit System but that are located within the urbanized area (i.e. the "Gray Areas") as defined by the most recent Census, and also provide public transportation in the rural area of Macon County, all pursuant to applications made by the County under Section 5311 of the Urban Mass Transportation Act of 1964, as amended. B. That the County shall comply with all of the regulations of the Federal Transit Administration and the Illinois Department of Transportation concerning the provision of public transportation within the Decatur urbanized area, so as not to jeopardize the City's relationships with these agencies, nor to cause the City to be in default of any agreement with these agencies. C. That the County shall maintain such records and documentation, and provide those to the City when requested, as may be required by the Federal Transit Administration and/or the Illinois Department of Transportation concerning the provision of public transportation by the County within the Decatur urbanized area. D. That the County shall indemnify, defend, and hold harmless the City, its officers, directors, agents and employees from and against any and all demands, claims, and damages to persons or property, all losses and liabilities, and all judgments, and including all attorneys' fees and costs, arising out of or caused by the negligent or intentional acts or omissions of the County, its officers, directors, agents and employees, or by any subcontractor retained or used by the County. The City shall not be liable to the employees of the County or of any subcontractor retained or used by the County for any claim of any kind, and such claims shall be subject to the hold harmless and indemnification provisions above, and shall include but not be limited to employee(s)' claims for workers compensation, employment discrimination and harassment, Americans with Disabilities Act claims, and any claims made pursuant to any anti-discrimination or workplace safety law, as well as claims for unemployment benefits. -2 -