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E. That the County's obligations under this Agreement are conditional upon <br /> and subject to the County receiving grant funding pursuant to the Urban <br /> Mass Transportation Act of 1964. <br /> 4. Powers, Rights, and Responsibilities of the City_ <br /> A. That the City shall cooperate with the County in providing public <br /> transportation, as specified in paragraphs B, C and D, below, but shall not <br /> directly provide public transportation to areas in Macon County that are <br /> outside of the service area of the Decatur Public Transit System but that <br /> are located within the urbanized area(i.e. the "Gray Areas") as defined by <br /> the most recent Census. <br /> B. That the City shall reimburse Macon County up to 65% of the eligible <br /> operating costs of providing this service in the "Gray Areas" from funds <br /> the City receives from the State of Illinois for providing public <br /> transportation in the Decatur urbanized area to the"Gray Areas." <br /> C. That the City shall submit such records and documentation to the Federal <br /> Transit Administration and/or the Illinois Department of Transportation as <br /> may be required concerning the provision of public transportation by the <br /> County within the Decatur urbanized area. <br /> D. That the City shall indemnify, defend, and hold harmless the County, its <br /> officers, directors, agents and employees from and against any and all <br /> demands, claims, and damages to persons or property, all losses and <br /> liabilities, and all judgments, and including all attorneys' fees and costs, <br /> arising out of or caused by the negligent or intentional acts or omissions of <br /> the City, its officers, directors, agents and employees, or by any <br /> subcontractor retained or used by the City. The County shall not be liable <br /> to the employees of the City or of any subcontractor retained or used by <br /> the City for any claim of any kind, and such claims shall be subject to the <br /> hold harmless and indemnification provisions above, and shall include but <br /> not be limited to employee(s)' claims for workers compensation, <br /> employment discrimination and harassment, Americans with Disabilities <br /> Act claims, and any claims made pursuant to any anti-discrimination or <br /> workplace safety law, as well as claims for unemployment benefits. <br /> E. That the City's obligations under this Agreement are conditional upon and <br /> subject to the City receiving grant funding pursuant to the Illinois <br /> Downstate Public Transportation Act(30 ILCS 740/2-1, et sM.). <br /> F. That the City shall not be liable for providing any monies, <br /> reimbursements, expenses or costs other than those received pursuant to <br /> the funds the City receives from the State of Illinois for providing public <br /> transportation in the Decatur urbanized area to the "Gray Areas." <br /> - 3 - <br />