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MASTER TRANSIT SERVICES IGA 2020-21
MASTER INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF EL MIRAGE
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 121-75-2021
THIS TRANSIT SERVICES AGREEMENT (“Agreement”) is made and entered into this
1st day of July, 2020 by and between the City of El Mirage, a legal entity duly organized and
existing under the laws of the State of Arizona (hereinafter referred to as “Member”) and the
Regional Public Transportation Authority, a political subdivision of the state of Arizona
(hereinafter referred to as “RPTA”). Member and RPTA are collectively referred to as the
“Parties.”
RECITALS
WHEREAS, Member has authority to enter into Agreements with other entities within
Maricopa County to provide transit services (A.R.S. Section 11-951, et seq.); and,
WHEREAS, RPTA is a political subdivision of the state of Arizona, established for the
purpose of planning and providing public transportation services (A.R.S. Section 48-5121; A.R.S.
Section 48-5101, et seq.); and,
WHEREAS, as a political subdivision of the state of Arizona, RPTA “may contract and
enter into stipulations of any nature to do all acts necessary and convenient for the full exercise
of” its powers granted under A.R.S. Section 48-5101, et seq., including entering into
intergovernmental agreements with other governmental entities (A.R.S. Section 11-951, et seq.);
and,
WHEREAS, RPTA is willing to provide, and Member is willing to purchase or receive
transportation services as detailed in this Agreement; and,
WHEREAS, transit activities are one of those types of activities authorized pursuant to
the aforementioned statutory and other authority,
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AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and considerations
herein contained, it is agreed by the Parties as follows:
SECTION 1. DEFINITIONS
The following capitalized terms shall have the following meaning when used in this
Agreement, unless a different meaning is clearly intended:
“RPTA” means the Regional Public Transportation Authority, a political subdivision of
the State of Arizona.
“Member” means the City of El Mirage, a member of the Regional Public Transportation
Authority (RPTA) with voting powers.
“Effective Date” means the date on which rights granted hereunder become operative, as
specified in Section 4 hereof.
“Force Majeure” means any event which: (i) causes either party to be unable to perform
under this agreement; and (ii) is outside the reasonable control of the party unable to perform and
could not be avoided by such party through the exercise of due care. Force Majeure events include,
without limitation: terrorists, earthquakes, fires, floods, tornadoes, pestilences, epidemics,
pandemics, wars, labor strikes or similar accidents, disputes or events.
“Master Agreement” means this Agreement.
“Annual Service Agreement” means the annual appendix to the Master Agreement
describing service levels for the fiscal year, specific obligations of the RPTA and Member, and
financial obligations of the Member and RPTA.
SECTION 2. GENERAL OBLIGATIONS:
2.1
With respect to the services provided hereunder, RPTA and Member, shall
both have specific obligations that are identified in an Annual Service Agreement appended
to this Master Agreement through annual amendments.
2.2
Obligations can be related to responsibilities that may include, but not be
limited to Fixed Route Bus, Dial-a-Ride Paratransit brokerage services or other transit
services.
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SECTION 3. TERM OF AGREEMENTS
This Master Agreement shall be effective for a period of Seven (7) years. The Annual
Service Agreement will be amended annually to accommodate changes in service levels, costs,
and revenues. The Parties do not intend that the term of this Agreement shall exceed any limitation
imposed by law, including, without limitation, the laws of the State of Arizona, and agree to
comply with any applicable requirements of such laws in connection with any renewal of the term
of this Agreement.
SECTION 4. EFFECTIVE DATE
This Agreement shall take effect only after it has been approved by the Member’s Council
and by the RPTA Board of Directors, executed by the duly authorized officials of each of the
Parties and approved by the Parties’ respective counsel. The Agreement may be filed with the
Member’s Clerk. The Effective Date of this Agreement is the date first set forth on page one of
this Agreement.
SECTION 5. GENERAL CONDITIONS
A. Records and Audit
All books, accounts, reports, files and other records relating to this Agreement
under the custody or control of RPTA or its contractors shall be subject, at all
reasonable times, to inspection and audit by Member, FTA, and the City of Phoenix,
for five (5) years after completion of this Agreement. Such records shall be
produced at RPTA offices as and when requested by Member.
B. Covenant Against Contingent Fees
Both Parties warrant that no person has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee; and that no member of Congress, no
member of the Member’s Council or the RPTA Board of Directors, and no officer,
agent, or employee of the City or RPTA has any interest, financially or otherwise,
in this Agreement.
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C. Alteration in Character of Work
Minor alterations in the character of work shall be authorized in writing by Member
and acknowledged by RPTA by letter.
D. Termination (and/or Changes in Service)
Member and RPTA hereby agree to full performance of the covenants and
obligations contained herein, except that each reserves the right, at its option and
sole discretion, to terminate or abandon the service provided for in this Agreement,
or any portion thereof.
Termination of this Agreement may be at any time and for any reason, with or
without cause, upon providing ninety (90) calendar days prior written notice.
Termination shall be effected by delivery of a Notice of Termination specifying the
extent to which performance of work under the Agreement is terminated, and the
date upon which such termination becomes effective.
Upon termination, RPTA shall calculate actual expenses incurred up to and
including the date of termination (“termination costs”) and if termination was at the
election of Member, any penalty or costs. If Member has paid RPTA sums in excess
of the termination costs, RPTA shall refund the excess; if Member has paid RPTA
an amount less than the termination costs, then Member shall pay to RPTA an
amount equal to the difference between the termination costs and the amount that
Member already has paid under this Agreement.
Upon termination of this Agreement, all property used in connection with this
Agreement will be promptly returned to the Party holding title thereto, not
considering any state or federal funding.
Final payment shall be made within sixty (60) calendar days after the termination
of service.
SECTION 6. AGREEMENT NON-ASSIGNABLE
RPTA may not assign or otherwise transfer any of its rights or obligations hereunder to a
third Party without the express prior written consent of Member, which may be granted or withheld
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by Member in its sole and absolute discretion. Any assignment or transfer without such prior
written consent shall be void.
SECTION 7. INDEMNIFICATION
Except for claims arising solely and exclusively from the negligent or willful acts or
omissions of Member, its officers, officials, agents or employees (hereinafter referred to as
“Indemnitee”), RPTA shall indemnify, defend, save and hold the Indemnitee harmless from and
against any and all claims, actions, liabilities, damages, losses, expenses and costs (including court
costs, attorneys’ fees and costs of claim processing, primary loss investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), loss or
damage to tangible property: (1) arising under this Agreement, or (2) caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of RPTA or any of its
owners, officers, directors, agents, contractor or employees, including employees from the
Member assigned to work full time for RPTA.
It is the specific intent of the Parties to this contract that the Indemnitee shall, in all
instances except for loss or damage resulting from the sole and exclusive negligence of the
Indemnitee, be indemnified against all liability, loss or damage of any nature whatever for or on
account of any injuries to or the death of any person or damages to or the destruction of property
belonging to any person, arising out of or in any way connected with the performance of this
Agreement.
It is agreed that RPTA will be responsible for primary loss investigation, defense and
judgment costs.
SECTION 8. INSURANCE REQUIREMENTS
8.1
RPTA, at its expense, shall maintain in force the required insurance
coverage and provisions listed below with insurance companies having a Best’s Rating of
A-VII or better. RPTA is responsible for paying any deductibles or self-insured retentions
and they shall be disclosed on the certificates of insurance. These deductibles or self-
insured retentions shall not be applicable with respects to coverage afforded to the Member
under these policies.
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8.2
All coverage shall be evidenced on a certificate of insurance provided to the
Member prior to commencement of this contract. The Member shall be named as an
additional insured on the certificate(s) of insurance and/or formal endorsements and shall
provide a waiver of subrogation against the Member. Failure of the Member to demand
such certificates or other evidence of full compliance with these insurance requirements of
failure of the Member to identify a deficiency from the evidence provided shall not be
construed as a waiver of RPTA’s obligation to maintain such insurance.
8.3
Each insurance policy shall not be subject to lapse, cancellation or material
change in coverage unless at least 30 days prior written notice is provided to the Member.
8.4
RPTA’s insurance shall be primary insurance to the Member, and any
insurance or self -insurance maintained by the Member shall not contribute to it.
8.5
The agreement shall specify that all contractors and subcontractors of every
tier that are to be involved in this agreement shall either be covered by RPTA’s insurance
policies or RPTA must obtain evidence of insurance from each subcontractor at the same
minimum limits and coverages as requested by the Member or RPTA.
8.6
Commercial General Liability – RPTA shall maintain in force the following
minimum commercial general liability insurance; $1,000,000 per occurrence with a
$2,000,000 aggregate for bodily injury, death and property damage, personal and
advertising injury, and products/completed operations.
8.7
Commercial Automobile Liability – RPTA shall maintain the following
minimum business auto liability insurance limits; $1,000,000 combined single limit per
accident. Coverage shall be for “any auto”, which includes all owned autos, hired and
leased autos, and non-owned autos.
8.8
Commercial Auto Physical Damage Coverage - RPTA shall insure the
Member buses and vehicles in their care, custody and control against risks of direct
physical loss or damage, including comprehensive coverage and collision. Coverage shall
include temporary replacement vehicle expenses, temporary transportation rental expenses
and towing, storage and debris removal expenses. Recovery shall be on an actual cash
value basis. RPTA shall be responsible for any deductibles or self-insured retentions.
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8.9
Workers’ Compensation and Employers’ Liability Insurance – RPTA shall
maintain the following minimum workers’ compensation coverages and statutory limits to
cover obligations imposed by federal and state statutes having jurisdiction of Contractor
employees engaged in the performance of services; and, employer’s liability insurance of
not less than $1,000,000 for each accident, $1,000,000 disease for each employee and
$1,000,000 disease policy limit.
8.10 Excess Liability Insurance Requirements – RPTA shall maintain the
following minimum limits of excess liability limits over the commercial general liability
limits, auto liability limits and employers’ liability limits; $10,000,000 per occurrence with
a $10,000,000 aggregate.
SECTION 9. DEFAULT
Either Party shall be deemed in default under this Agreement upon the failure of such Party
to observe or perform any material covenant, condition or agreement on its part to be observed or
performed hereunder, and the continuance of such failure for a period of thirty (30) days after
written notice by the other Party, as required herein. Such notice shall specify the failure and
request it be remedied, unless the Party giving notice agrees in writing to an extension of the time
period prior to its expiration. However, if the failure stated in the notice cannot be corrected within
the applicable period, it will not give rise to a default hereunder if corrective action is instituted
within the applicable period and diligently pursued until the failure is corrected. In the event of a
default hereunder, the non-defaulting Party may have a breach of contract claim and remedy
against the other in addition to any remedy provided or permitted by law; provided, however, that
no remedy that would have the effect of amending any provisions of this Agreement shall become
effective without the formal amendment of this Agreement.
SECTION 10. ISSUE RESOLUTION
Any dispute arising out of the interpretation of any provision of this Agreement, any policy
matter or the determination of an issue of fact, which dispute is not resolved at staff level, shall be
referred to RPTA’s Chief Executive Officer and a representative designated by Member. If, after
good faith negotiations aimed at reaching an amicable solution, a dispute cannot be resolved to the
satisfaction of both parties, the dispute shall be presented to the RPTA Board of Directors for a
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proposed resolution. If not resolved at this level to the satisfaction of both parties, the dispute may
be brought before a court of competent jurisdiction in Maricopa County, Arizona.
SECTION 11. NOTICE
Any notice, consent or other communication (“Notice”) required or permitted under this
Agreement shall be in writing and either delivered in person, sent by email as PDF or a facsimile
transmission, deposited in the United States mail, postage paid, registered or certified mail, return
receipt requested, or deposited with any commercial air courier or express service addresses as
follows:
If intended for RPTA:
Regional Public Transportation Authority
Attention: Chief Executive Officer
101 N. 1st Avenue, Suite 1400
Phoenix, AZ 85003
If intended for Member:
City of El Mirage
10000 N. El Mirage Road
El Mirage, AZ, 85335
Phone: 623-972-8116
Fax: 623-876-4603
Notice shall be deemed received at the time it is personally served or, on the day it is sent
by facsimile transmission, on the second day after its deposit with any commercial air courier or
express service, if mailed, ten (10) days after the notice is deposited in the United States mail as
provided. Any time period stated in a Notice shall be computed from the time the Notice is deemed
received. Either Party may change its mailing address, FAX number or the person to receive notice
by notifying the other Party as provided in this Section.
Notice sent by facsimile transmission shall also be sent by regular mail to the recipient at
the above address. The requirement for duplicate notice is not intended to change the effective
date of the Notice sent by facsimile transmission.
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SECTION 12. AMENDMENT
Master Agreement and the Annual Service Agreement may be modified or amended only
by a written document executed by both RPTA and Member, approved as to form by the Member
Attorney, and may be filed with the Member’s Clerk. Such document shall expressly state that it
is intended by the Parties to amend specifically identified terms and conditions of this Agreement.
SECTION 13. INTEGRATION
This Agreement represents the entire agreement of the parties with respect to the subject
matter hereof, and all agreements entered into prior hereto with respect to the subject matter hereof
are revoked and superseded by this Agreement, and no representations, warranties, inducements
or oral agreements have been made by any of the parties except as expressly set forth herein, or in
other contemporaneous written agreements. This Agreement may not be changed, modified or
rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of
this Agreement shall be void and of no effect.
SECTION 14. APPLICABLE LAW AND LITIGATION
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Arizona. Any and all litigation between the Parties arising from this Agreement shall be
litigated solely in the appropriate court located in Maricopa County, Arizona.
SECTION 15. NON-WAIVER
No covenant or condition of this Agreement may be waived by any Party, unless done so
in writing. Forbearance or indulgence by any Party in any regard whatsoever shall not constitute
a waiver of the covenants or conditions to be performed by the other.
SECTION 16. SEVERABILITY
Any provision of this Agreement that is prohibited or unenforceable under the laws of the
State of Arizona shall be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof.
SECTION 17. BENEFIT AND BINDING EFFECT
The terms and provisions of this Agreement shall inure to the benefit of and are binding on
RPTA and Member and their respective successors and permitted assigns.
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SECTION 18. SURVIVAL
The indemnifications and limitations on liability provided in this Agreement shall have full
force and effect notwithstanding any other provisions of this Agreement and shall survive any
termination or expiration thereof.
SECTION 19. FURTHER ASSURANCES
The Parties hereto shall execute such other documents and take such other actions as may
be reasonably necessary or proper to achieve the intent and purposes hereof.
SECTION 20. CONFLICTS OF INTEREST
All Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to
the provisions of Section 38-511, Arizona Revised Statutes.
SECTION 21. RELATED AGREEMENTS
This Agreement, together with the exhibits, instruments and other documents required to
be executed and delivered in connection herewith is intended to be read in conjunction with any
and all prior agreements and understandings of the Parties with regard to the subject matter hereof.
SECTION 22. CONSTRUCTION AND INTERPRETATION OF AGREEMENT
This Agreement, and each of its provisions, exhibits, terms and conditions, has been
reached through negotiations between the Parties. Accordingly, each of the Parties expressly
acknowledges and agrees that this Agreement shall not be deemed to have been authored, prepared
or drafted by any particular Party, and that the rule of construction that resolves ambiguities against
the drafting party shall not be employed in the interpretation of this Agreement.
SECTION 23. THIRD-PARTY BENEFICIARIES
This Agreement is intended to benefit the corporate and municipal interests of RPTA and
Member alone, and no other person shall claim any implied right, benefit or interest in such
services. The Parties do not intend to create rights in or remedies to any third party as a beneficiary
of this Agreement or of any duty, covenant, obligation or undertaking established under this
Agreement.
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SECTION 24. POLICE POWER
The Parties acknowledge the right vested in Member pursuant to general law to exercise
its police power for the protection of the health, safety and welfare of its constituents and their
properties. Nothing in this Agreement shall be construed as precluding Member from exercising
such powers in connection with the subject matter hereof.
SECTION 25. IMMIGRATION COMPLIANCE
A. COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL
ACT of 1986 (IRCA) and with A.R.S. § 23-211 – § 23-214.
RPTA understands and acknowledges the applicability of IRCA and of § 23-211 through
§ 23-214, Arizona Revised Statutes (A.R.S.), to it. RPTA shall comply with IRCA and with A.R.S.
§ 23-211 through § 23-214 in performing under this Agreement. To ensure that RPTA and its
subcontractors complying with the provisions of this Section, Member shall have the right to
inspect the personnel and related records and papers of RPTA and of its subcontractors pertaining
to individuals performing work under this Agreement. Further, Member is prohibited by A.R.S. §
41-4401 from awarding an Agreement to any contractor who fails, or whose subcontractors fail,
to comply with A.R.S. § 23-214(A). For this reason, RPTA shall ensure that both it and each of
its subcontractors are in compliance with the requirements of A.R.S. § 23-214(A). In addition,
both RPTA and each of RPTA’s subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§ 23-214(A). A breach of any of the provisions of this Section shall be deemed a material breach
of this Agreement and is subject to penalties up to and including termination of the Agreement.
SECTION 26. COMPLIANCE WITH THE E-VERIFY PROGRAM
26.1
Warrant of Compliance - Under the provisions of A.R.S. §41-4401, both Parties
warrant to the other that each Party will comply with all Federal Immigration laws and regulations
that relate to their employees and that each now complies with the E-Verify Program under A.R.S.
§23-214(A).
26.2
Breach of Warranty - A breach of this warranty will be considered a material
breach of this Agreement and may subject the breaching party to penalties up to and including
termination of this Agreement.
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26.3
Right to Inspect - Both Parties retain the legal right to inspect the papers of any
employee who works on this Contract or subcontract to ensure compliance with the warranty
given above.
26.4
Random Verification - Either Party may conduct a random verification of the
employment records of the other to ensure compliance with this warranty.
26.5
Federal Employment Verification Provisions – No Material Breach. A Party will
not be considered in material breach of this Agreement if it establishes that it has complied with
the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal
Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-
214(A).
26.6
Inclusion of Article in Other Contracts - The provisions of this Article must be
included in any contract either Party enters into with any and all of its contractors or
subcontractors who provide services under this Agreement.
SECTION 27. CIVIL RIGHTS
The parties agree that as a condition of this Agreement they will each comply with all
applicable civil rights laws and regulations, in accordance with applicable Federal directives,
except to the extent that the Federal government determines otherwise in writing. These include,
but are not limited to, those provisions of Section 12 of that certain United States of America
Department of Transportation Federal Transit Administration Master Agreement, dated October
1, 2009, as may be amended from time to time, which provisions are hereby incorporated by
reference.
SECTION 28. INCORPORATION OF SCHEDULES AND ATTACHMENTS
Each Annual Service Agreement to be amended to the Master Agreement will be in
coordination with RPTA’s adopted fiscal year budget process. Schedules may be developed as
part of the Annual Service Agreement and shall be appended to this Master Agreement and made
a part hereof as though fully set forth herein. The Attachment and Schedules may include but not
be limited to:
Attachment “A”
Member Obligations
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RPTA Obligations
Attachment “B”
Schedules “A – I”
Schedule “A” Regionally Funded Fixed Route Bus Service (RPTA Funded)-N/A
Schedule “B” Member Funded Fixed Route Bus Services - N/A
Schedule “C” Paratransit Services
Schedule “D” Ride Choice Program - N/A-
Schedule “E” Americans with Disabilities Act
(ADA) Public Transportation und (PTF)
Schedule “F” ADA Platinum Pass
Schedule “G” Park and Ride/Transit Center- N/A
Schedule “H” Various Capital Projects-N/A
Schedule “I” ATAN Bus Stop Improvements - N/A
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IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Scott W. Smith, Chief Executive Officer
APPROVED AS TO FORM:
By: _______________________________________
Michael J. Minnaugh, General Counsel
CITY OF EL MIRAGE
By: __________________________________
Alexis Hermosillo, Mayor
By: _______________________
Sharon Antes, City Clerk
APPROVED AS TO FORM:
By: _____________________________
Justin Pierce, Member Attorney
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ATTACHMENT A - ANNUAL SERVICE AGREEMENT
The Annual Service Agreement outlines the specific obligations of both Parties and
provides the Program Schedules that the Member participates in for Fiscal Year 2021, beginning
July 1, 2020 and ending June 30, 2021. The specific obligations will be identified below in
Section 1: RPTA Obligations, Section 2: Member Obligations and Section 3: Program Schedules
that summarize the Programs that Valley Metro provides for Member.
SECTION 1. RPTA’S OBLIGATIONS:
1.1 With respect to the services provided hereunder, RPTA, shall:
a.
Negotiate and coordinate the implementation of operating agreements;
b.
Provide Fixed Route Bus, Dial-a-Ride Paratransit brokerage services or other
transit services, administrative services, equipment, personnel and management
services directly or through contractors, as provided in this Agreement. RPTA
shall ensure that the contractor(s) are duly qualified, licensed, trained, and have
adequate equipment to perform services under this Agreement; RPTA shall
provide performance oversight to ensure contractors are fully compliant with
contract provisions and performance requirements;
c.
Provide regional marketing and merchandising of regional services in
coordination with Member’s local marketing and merchandising of local service
and projects;
d.
Plan for, prepare changes, and amend service specifications;
e.
Invoice the Member on a monthly basis for service(s) provided to Member;
f.
Determine, set, and amend as necessary the fare structure for services provided
by the RPTA or under contract; Collaborate with Member and coordinate the Non
ADA Fare Structure for services provided by the RPTA for Paratransit Services,
or under contract;
g.
Convene a Steering Committee, consisting of representatives from the Member,
the other participating Members, and the RPTA to coordinate and monitor
service, address service and contractual performance issues, and monitor the
adopted service budget(s);
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h.
Provide professional staff as necessary to partner with the Member to plan for,
develop, contract for, monitor, and adjust service;
i.
Provide customer complaint resolution process;
j.
Provide monthly reports by the last day of each month with the previous month’s
data on ridership, revenue collected, and applicable performance standards;
1.2 The RPTA and the Member may conduct service and financial audits, as required, of any
Services provided hereunder.
1.3 The RPTA shall provide performance data reports on a monthly basis.
1.4 By the end of February of each year, the RPTA shall provide the Member with a detailed
written budget estimate for the provision of transit, including the expected sources and amounts of
funding for the next fiscal year. If the Member approves the budget estimate, RPTA shall prepare
an amendment to this Agreement for Member approval of the budget estimate.
1.5 RPTA shall notify Member of a transit related collision, fire, major security incident, or
media coverage occurring within Member jurisdiction, RPTA shall notify Member of
authenticated operations incidents/accidents within 60 minutes of occurrence.
SECTION 2. MEMBER’S OBLIGATIONS:
2.1 With respect to the services provided hereunder;
a.
If Member desires services in addition to the Services originally approved in this
agreement, Member shall provide funding adequate to finance such services over and
above funding provided by the RPTA and Member.
b.
In addition to the funding necessary to pay for actual service or costs, reimburse the RPTA
within 30 days for its costs monthly to, monitor, manage and generally administer the
service.
c.
At Member’s election, participate in all meetings, deliberations, and decisions of any
Steering Committee for services provided hereunder.
d.
With respect to services provided hereunder, the Member shall provide traffic control and
transit priority measures such as turning movements, on Member streets on regular routes;
e.
The Member may purchase and install bus stop signs and associated amenities;
f.
The Member shall provide direction to and partner with the RPTA in the preparation and
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amendment of service plans and levels (i.e. Frequency, hours, etc.).
2.2 If the parties are not able to agree upon renewal terms for the existing Agreement prior to
the expiration of the term of the existing Agreement, the Member shall make the payments
required to be paid under this Agreement on or before July 1 for the new fiscal year and
thereafter for a one hundred eighty (180) day period unless the parties agree upon renewal
terms prior to the expiration of such one hundred eighty (180) day period. For example, if
there is a disagreement with the proposed rate for the new fiscal year, or if the renewal
Agreement is not signed, for any reason, the Member shall make payments at the old rate
(the previous year’s rate) until such time that a renewal Agreement can be fully approved
and executed.
2.3 Member does hereby agree to participate in the Valley Metro Program(s) defined
in Member’s annual agreement.
2.4 Provide a written ninety (90) calendar day notice for major service changes.
2.5 Transit Life Cycle Program: Member shall comply with all applicable laws, ordinances,
regulations and codes of the federal, state and local governments. In performing hereunder,
Member shall adhere to RPTA’s Transit Life Cycle Program and its approved policies, as they
may be amended from time to time, (collectively referred to as the “TLCP”).
SECTION 3: SCHEDULES
Section 3 outlines the programs currently provided by RPTA and the attached Schedules
provide the Schedules for each program. If the Member does not currently participate in a
program, the Schedule will state “Intentionally Omitted.” If a Member decides to participate in
or terminate participation in a program at a later date, Section 3 can be amended, in writing, to
ratify the change. The attached Schedules may be amended on an annual basis to accommodate
changes in service levels, costs, and revenues. The attached Schedules and their Exhibits are
hereto incorporated into the Annual Service Agreement.
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Schedule “A”
Intentionally Omitted (Place Holder - Regionally Funded Fixed Route Bus Service)
Schedule “B”
Intentionally Omitted (Place Holder - Member Funded Fixed Route Bus Services)
Schedule “C” Paratransit Services
Schedule “D”
Intentionally Omitted (Place Holder - Member Funded Fixed Route Bus Services)
Schedule “E” Americans with Disabilities Act (“ADA”) Public Transportation Fund
(“PTF”)
Schedule “F”
Intentionally Omitted (Place Holder - ADA Platinum Pass)
Schedule “G”
Intentionally Omitted (Place Holder - Place Holder for Park and Ride/Transit
Center)
Schedule “H”
Intentionally Omitted (Place Holder - Place Holder for Various Capital Projects)
Schedule “I”
Intentionally Omitted (Place Holder - ATAN Bus Stop Improvements)
Schedule “J”
Intentionally Omitted (Place Holder – Mutual Aid Program)
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SCHEDULE C – PARATRANSIT SERVICE AND FINANCIAL INFORMATIONAND
SERVICES COST ESTIMATE
For the period from July 1, 2020 through June 30, 2021, the Member will pay Valley
Metro a total of $30,904.00 for the provision of regional paratransit services. Payments will be
made monthly based on reconciliation of trips provided; grant monies and Proposition 400
monies applied and shall become due within thirty (30) calendar days after the receipt of an
invoice from RPTA. If at any time the costs of this program are projected to exceed the annual
amount of $30,904.00 the Parties will reduce service levels to stay within the budgeted amount.
FY21 Paratransit Service
Funded by City of El Mirage
Paratransit
Trips:
Paratransit trips
730
Total Trips
730
Cost:
Contractor Transportation Cost
$70,178
RPTA Salaries, Fringes & OHD
$1,294
Contract Contingency
$1,043
Total Gross Program Cost
$72,515
Total Fare Revenue
($2,919)
CARES Act Federal funding
($12,472)
Total Net Program Cost Before PTF
$57,124
Cost for ADA Service
$57,124
Cost for Non-ADA Service
$0
Net Program Cost
$57,124
PTF Balance Available
$26,220
PTF Applied
$26,220
Member City Contributions:
ADA-Costs
$30,904
Non-ADA Costs
$0
Total Member City Contribution
$30,904
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MASTER TRANSIT SERVICES IGA 2020-21
SCHEDULE “C” – ADA MANDATED PARATRANSIT SERVICE
ADA Mandated Paratransit Service Overview
Schedule C
Valley Metro ADA Paratransit Service
Effective July 1, 2020
Service Overview
Service type
Origin to destination, shared-ride service provided with accessible
vans and cutaways, accessible minivans, sedans and other non-
accessible vehicles
Eligibility
ADA certified, and ADA eligible visitors
Non-ADA verified (prior to October 1, 2019), No longer accepting
new Non-ADA verifications
Visitors
Visitors who are ADA certified, or who have an obvious disability, or
who present documentation demonstrating a disability that indicates
the inability to use transit are eligible for ADA paratransit for up to 30
days per 365 days. To register as a visitor, contact Valley Metro
Mobility Center at 602.716.2100, eligibility option.
Service Area
Trips that begin and end within the federally mandated ADA
paratransit service area. This includes areas that are within 3/4 mile of
a transit route or light rail station and any pockets that are surrounded
by areas that are within 3/4 mile of a transit route or light rail station
and that have been so designated by Valley Metro. See the ADA
paratransit service area map shown in Exhibit 1.
Days of Service
Monday - Sunday Including HOLIDAYS
Hours of Service
5 AM to 10 PM and at other times when transit is available within 3/4
mile of both the origin and destination
Trip Limits
No limit to the number of trips an individual can take as long as the
individual is ADA certified and the trips are within the ADA service
area and during ADA service hours
Trip Purposes
Any trip, regardless of trip purpose
Fare Structure
Fares
$4.00 FOR A ONE-WAY TRIP
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Fare Media
Cash, Regional, Paratransit, East/Northwest and Phoenix DAR tickets,
Phoenix Monthly DAR Pass (Phoenix fare media may only be used by
Phoenix residents.)
Passenger Types
Riders
ADA certified and ADA eligible visitors
Non-ADA verified (prior to October 1, 2019), No longer accepting
new Non-ADA verifications
Personal Care
Attendant (PCA)
ADA certified customer may indicate the need for a PCA, an
individual who assists the customer with activities of daily living.
Pursuant to ADA requirements, PCA's are not charged a fare.
Companions
A customer may travel with one additional individual (and more on a
space available basis). Companions must pay the same fare as the
customer.
Children
Customers must be eight years of age or older to travel
unaccompanied. Customers may bring children as PCAs or
companions. A child who is five or under may travel for free with a
fare-paying adult.
Mobility Devices and Disability-Related Equipment
Service Animals
Service animals are permitted on paratransit. For more information on
Valley Metro's service animal policies, visit valleymetro.org/service
animals.
Mobility Devices
VM Paratransit will accommodate mobility devices measuring up to
51 inches in length and 34 inches in width and weighing not more
than 800 pounds when occupied.
Oxygen and Other
Equipment
Must be able to be safely secured on board the vehicle without
blocking safe path-of-travel for riders or the driver.
Reservation Changes and Cancellations
Reservations
Number
602.716.2200
Reservations Hours
Daily 6 AM to 7:00 PM
Reservations Period
1 to 14 days prior to service; no same day trips
Reserving based on
Pick-Up Time
If customer requests a specific pick-up time, VM Paratransit will offer
a pick-up time that is within one hour of the time requested.
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Reserving based on
appointment time
If a customer specifies an appointment time, VM Paratransit will offer
a pick-up time which should enable the customer to arrive at his/her
destination between 0 and 30 minutes before his/her specified
appointment time.
Changes
May be made until 7:00 PM on the day before travel.
Cancellations
May be made until 2 hours before the scheduled pick-up time.
Service Delivery
Expectation for
On-Time Pick-Ups
Service is on-time if the vehicle arrives to transport the rider between
0 and 30 minutes after the pick-up time quoted to the passenger when
the trip was booked.
Expectation for
On-Time
Appointments
Service is on-time if the vehicle arrives to drop off the rider between 0
and 30 minutes before the appointment time specified by the rider at
the time the trip was booked.
Early Trips
A trip is early if the vehicle arrives before the scheduled pick-up
window as communicated to the rider when the trip was booked,
whether or not the rider takes the trip.
Late Trips
A trip is late if the vehicle arrives 31 minutes or more after the
scheduled pick-up window as communicated to the rider when the trip
was booked.
Excessively Late
Trips
A trip is excessively late if the vehicle arrives 61 minutes or more
after the end of the pickup window scheduled as communicated to the
rider when the trip was booked.
Missed Trips
A trip is missed if the trip is later than 30 minutes after the end of
pickup window whether or not the customer actually takes the trip
and/or if the vehicle fails to arrive.
Pick Up Window
Pick-up window is zero to 30 minutes from the negotiated pick up
time provided to the customer.
Boarding Window
A five-minute pick-up window during which the rider is expected to
board the vehicle as long as the vehicle arrives on-time as defined
herein. If the vehicle arrives early, the pick-up window begins at the
scheduled pick-up time as defined herein.
No-Show
A no-show is when the rider fails to board the vehicle within the five-
minute boarding window as defined herein. No-shows cannot be
charged when the vehicle departs before the start of the pick-up
window or when the vehicle arrives late or excessively late.
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Door-to-Door
Service
This is the base level of service, defined as service from the outermost
door of a rider's origin to the outermost door of a rider's destination.
The driver is not permitted to lose sight of a vehicle when occupied.
Drivers are not required to go beyond the outermost door of a rider's
origin or destination, and drivers are not permitted to enter a rider's
place of residence.
Hand-to-Hand
Service
This is a higher level of service provided for riders who are unable to
be left alone safely. A driver must receive the rider from a care giver
and accompany the rider from the outermost door of his/her origin to
the outermost door of his/her destination and must ensure that a
responsible person receives the customer at the rider's destination
before departing. Valley metro will identify riders who must be
provided hand-to-hand service.
Driver Assistance
The driver is expected to provide any of the assistance identified
herein as needed/requested: guiding the passenger by the hand/arm,
pushing the rider's mobility device, carrying small packages, assisting
rider on and off vehicle, assisting with vehicle seatbelt and securement
systems, and collecting the fare. Drivers are not permitted to lift or
carry passengers or their children, and drivers are not permitted to
enter a rider's place of residence.
Use of the
Lift/Ramp
Any rider is permitted to use the vehicle lift/ramp upon request.
Seatbelts and
Mobility Device
Securement
All riders must wear seatbelts, and all mobility devices must be
secured. VM Paratransit will not transport a rider who is not wearing a
seatbelt or mobility devices that are not secured.
Children
A child may travel with the rider. The rider is responsible for ensuring
that his/her accompanying child(ren) is/are transported in an approved
child safety seat when required to do so by law. The rider is
responsible for bringing his/her own child safety seat. VM Paratransit
drivers are trained to assist with the securement of child safety seats,
but drivers may not lift or carry children.
Pets
A pet, who is completely secured in a closed pet carrier, may be
transported as long as the rider has notified the provider in advance
and as long as the pet carrier fits on the rider's lap or at the rider's feet,
without blocking the path-of-travel for riders or the driver.
Packages
Riders are subject to Valley Metro's approved package policy
available in the Valley Metro ADA Paratransit Ride Guide. Drivers
will assist with carrying small packages, weighing not more than fifty
pounds in total.
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Ride Time
VM Paratransit is a shared-ride service. Accordingly, a ride may take
as long as a comparable trip would take on public transit.
Provider and Contract Information
Provider
Contracted service - Prime contractor The Prime contractor manages
service, accepts reservations, schedules trips, provides a portion of
service and utilizes subcontractors who provide the rest. Prime
contractor provides facility, fleet and employees. VM provides some
technology and pays for fuel.
Provider Rate
Structure
Contractor is reimbursed as follows: 1) Monthly fixed fee; 2) set price
per trip provided by contractor; 3) actual cost of trips provided by
subcontractors; 4) passenger fares collected by contractor and retained
as partial payment; and 5) adjustments up or down for performance-
based incentives and liquidated damages. Fixed fees and per-trip rates
as set forth in the contract are provided in Exhibit 2.
Performance
Standards
Included in Exhibit 3.
Contract Term
Five-year base; 1 three-year option and one two-year option.
The following Exhibits are hereto attached to Schedule “C”.
• Exhibit 1: Maps
• Exhibit 2: Contract Rate Sheet
• Exhibit 3: Contract Based Performance Standards
• Exhibit 4: Payments
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SCHEDULE C – Exhibit 1 – Maps
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SCHEDULE C – Exhibit 2 – Contract Rate Sheet
Paratransit Contract Rates
Contract Year
Beginning
Ending
Annual Fixed Fee
Billable Cost per
Transdev Trip
1
7/1/2017
6/30/2018
$ 4,865,269
$29.92
2
7/1/2018
6/30/2019
$ 5,227,885
$30.67
3
7/1/2019
6/30/2020
$ 5,389,333
$31.09
4
7/1/2020
6/30/2021
$ 5,544,771
$29.82
5
7/1/2021
6/30/2022
$ 5,693,367
$30.95
6
7/1/2022
6/30/2023
$ 5,393,190
$29.84
7
7/1/2023
6/30/2024
$ 5,711,807
$30.86
8
7/1/2024
6/30/2025
$ 5,890,225
$31.91
9
7/1/2025
6/30/2026
$ 6,070,573
$32.99
10
7/1/2026
6/30/2027
$ 6,258,875
$34.11
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SCHEDULE C – Exhibit 3 – Contract Based Performance Standards
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Schedule C – Exhibit 4 – Payments to Provider
Exhibit A “Payment Schedule” of Valley Metro’s paratransit provider contract outlines the method of
reimbursement which will be used for these services:
•
Fixed Fee – The RPTA’s contracted paratransit contractor will bill the agency a monthly fixed fee
which will be allocated to each member based on its budgeted share of total paratransit trips to be
provided.
•
Per-Trip Charges – The RPTA’s paratransit contractor will bill the agency a set amount for each
paratransit trip to be provided. Each member will be billed for each trip provided to its residents as
well as for its share of trips provided to visitors as defined within the ADA. The member’s share for
visitor per-trip costs will be equal to its share of the paratransit contractor’s fixed fee.
•
Fuel – The RPTA’s paratransit contractor will be reimbursed for fuel used by dedicated vehicles on a
pass-through basis with no mark-up. These fuel reimbursements are further limited to the average
price for fuel in the Phoenix metropolitan area as well as to the expected level of fuel consumption as
specified by each vehicle’s Original Equipment Manufacturer (OEM). Each member’s share of
reimbursable fuel costs is equal to its share of the paratransit contractor’s fixed fee.
•
Performance-Related Incentives and Liquidated Damages – The RPTA’s paratransit contractor will
be eligible to receive incentives for exceptional performance, and to be assessed liquidated damages
for poor service. The RPTA will bill each member agency its share of incentives, and the RPTA will
credit each member for its share of liquidated damages. Each member agency’s share of billed
incentives and credited liquidated damages will be equal to its share of the paratransit contractor’s
monthly fixed fee.
•
RPTA Overhead – the RPTA will bill each member agency a portion of the overhead required for the
RPTA to oversee, manage and report on these services. Each member’s share of RPTA overhead will
be equal to the member’s share of the paratransit contractor’s fixed fee.
•
Passenger Fares – The paratransit contractor will collect a fare from each rider in accordance with the
paratransit fare structure established by the RPTA and/or as agreed to between the RPTA and the
member. The paratransit contractor will retain fares paid in cash as partial payment for the service
provided, and the member will be credited for these fares. Each member will be credited those cash
fares collected from those riders whose service is attributed to that member.
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SCHEDULE “E” – AMERICANS WITH DISABILITIES ACT (ACT)
PUBLIC TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2020 to June 30, 2021 the maximum amount of Public
Transportation Funds (PTF) available for the City of El Mirage is $26,220.00. The PTF will pay
actual costs for ADA trips and other trips taken by ADA certified individuals using non-ADA
service or the RideChoice program up to the maximum amount. A final reconciliation at fiscal
year-end will be performed and adjustments, if necessary, will be made using actual ADA
eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
requested by City for other ADA certified rider eligible expenses, and certified by the City’s
chief financial officer or designee. RPTA will reimburse City within thirty (30) business days
based upon availability of funds. City may request that reimbursements be made electronically.
Wire transfers must be pre-arranged through the RPTA Finance Department.
Maximum amount:
$26,220.00