3.26.2026 IGA - TEMPE-ASU SATV ENFORCEMENT.PDF

INTERGOVERNMENTAL AGREEMENT CONCERNING SATV ENFORCEMENT 
between 
CITY OF TEMPE 
and 
The Arizona Board of Regents for and on behalf of Arizona State University 
 
 
This Intergovernmental Agreement ("IGA"), dated this 26th day of March 2026, is 
entered into by and between the Arizona Board of Regents, a body corporate, acting for and on 
behalf of Arizona State University ("ASU"), and the City of Tempe, Arizona, a municipality 
organized under the law of the State of Arizona ("City") pursuant to Arizona Revised Statutes 
Section 11-952. 
I. 
RECITALS 
A. 
City is a municipal jurisdiction with general governmental powers including the exercise 
of authority over streets, sidewalks, and other transportation facilities within its municipal 
boundaries. 
B. 
ASU is an institution of higher learning that has a university campus within the municipal 
boundaries of City and as a result, many streets, sidewalks, and other transportation facilities 
controlled by either the City or ASU are integrated and joined together in one form or another. 
C. 
City maintains a program for the licensing and regulation of Shared Active 
Transportation Vehicles (“SATV”) through which commercial operators (“Operators”) are 
issued licenses to operate SATV programs within City’s Rights-of-Way (“ROW”). 
D. 
City also requires each SATV Operator that is issued a license to operate within the 
City’s ROW to meet the requirements of the SATV Right-Of-Way Use License Terms and 
Conditions (the “SATV Terms and Conditions”).  Such SATV Terms and Conditions include, 
among other things, the City’s right to enforce violations through fines or other remedial 
measures imposed against the Operators. 
E. 
Due to the integrated nature of City’s ROW and ASU property, ASU desires the ability to 
assist City with enforcement of the SATV Terms and Conditions. 
II. AGREEMENT 
 
A. 
City hereby authorizes ASU to enforce SECTION 2 of the SATV Terms and Conditions 
as shown on Exhibit A (as from time to time may be amended by City) and ASU hereby accepts 
such right of enforcement, on the terms and conditions set forth herein. 
 
1. 
CITY OBLIGATIONS.  City shall take the following actions: 
 
 
a. 
Provide ASU with access to Blue Systems and any supporting software licensed 
to City necessary to document SATV violations and real-time locational information of SATVs 
within the City.

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b. 
Invoice and collect from Operators in accordance with the SATV Terms and 
Conditions. 
 
c. 
Prior written notification to ASU of any amendments to the SATV Terms and 
Conditions.  
 
2. 
ASU OBLIGATIONS.  ASU shall not have any obligation to enforce the SATV Terms 
and Conditions, but may elect to do so by taking the following actions in addition to any other 
actions necessary to or for the proper enforcement of the SATV Terms and Conditions: 
 
 
a. 
Provide the City with written notice of observed violations which will include a 
description of the violation, time first observed, unique vehicle ID, Operator, photo of 
violation, and geospatial location information. 
b. 
Provide the City with written copies of correspondence notifying Operators of 
observed violations. 
c. 
Provide the City with a daily consolidated list of all observed violations and 
subsequent relocations of SATVs, to include the location and photo of any relocated 
SATV in accordance with the SATV Terms and Conditions. 
d. 
Conduct all enforcement operations to be consistent with the SATV Terms and 
Conditions, as may be amended from time to time. 
 
 
3. 
ASU PERSONNEL.  In the event that ASU elects to enforce City’s SATV Terms and 
Conditions, ASU shall be responsible to hire, pay, and provide customary benefits and supervise 
sufficient experienced and qualified personnel who will render the services required by this IGA 
for the professional and efficient enforcement of the City’s SATV Program.  City shall not be 
required to compensate ASU for such enforcement under the terms of this IGA. 
 
III. TERM AND TERMINATION 
 
This IGA shall be effective on the date first set forth above ("Effective Date") and shall have an 
initial term of five (5) years from the Effective Date.   The Parties may modify or extend this 
IGA at any time by mutual written consent of City’s City Manager and ASU’s Vice President of 
University Business Services.  Provided, however, either Party may terminate this IGA at any 
time by giving the other Party not less than thirty (30) days prior written notice.  
 
IV. GENERAL 
 
1. 
Independent Contractors. Each Party is an independent contractor and is independent of 
the other Party. This IGA does not create a partnership, joint venture or agency relationship 
of any kind between the Parties. This IGA does not create any fiduciary or other obligation 
between the Parties. Under no circumstances shall any employees of one Party be deemed 
the employees of the other Party for any purpose. Each Party is responsible for the direction 
and compensation of its employees. Each Party acknowledges that the relationship of the 
Parties hereunder is non-exclusive.

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2. 
Complete Agreement. This IGA is a complete and exclusive statement of the agreement 
between the Parties regarding this subject, which supersedes all prior or concurrent 
proposals and understandings in any language, whether oral or written, and all other 
communications, in any language, between the Parties relating to the subject matter of this 
IGA. Such communications include but are not limited to in person conversations, 
telephone exchanges including any messages received or not received, email or other 
electronic transmissions including instant messaging services or fax, letters, memoranda, 
etc. 
 
3. 
Assignment.  Neither Party may assign its rights or obligations under this IGA without the 
prior written consent of the other Party, which consent may be granted or withheld in the 
sole discretion of the Party of whom the request is made.  
 
4. 
Notices.  Any notice or other communication required or permitted to be given under this 
IGA shall be in writing and delivered to the Parties set forth below: 
 
 
If to ASU: 
 
Arizona State University 
Director, Parking and Transportation Services 
1130 E University Drive, Suite 120 
Tempe, AZ 85281 
 
With a copy to: 
Office of General Counsel 
P.O. Box 877405 
Tempe, Arizona 85287-7405 
Attention: General Counsel 
Facsimile: (480) 965-0984 
 
 
If to City: 
 
Tempe City Manager’s Office 
P.O. Box 5002 
Tempe, AZ 85280 
Attention: City Manager 
Facsimile: (480) 350-8930 
 
 
With copy to: 
City Attorney’s Office 
P.O. Box 5002 
Tempe, AZ 85280 
Attention:  City Attorney 
Facsimile:  (480) 350-8645 
 
or at such other address, and to the attention of such other person or officer, as any Party 
may designate in writing, from time to time, by notice duly given pursuant to this 
Section. Notices shall be deemed received: (i) when delivered to the Party; (ii) three 
business days after being placed in the U.S. Mail, properly addressed, with sufficient

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postage; (iii) the following business day after being given to a recognized overnight 
delivery service, with the person giving the notice paying all required charges and 
instructing the delivery service to deliver on the following business day; or (iv) when 
received by facsimile transmission during the normal business hours of the recipient. If 
a copy of a notice is also given to a Party’s counsel or other recipient, the provisions 
above governing the date on which a notice is deemed to have been received by a Party 
shall mean and refer to the date on which the Party, and not its counsel or other recipient 
to which a copy of the notice may be sent, is deemed to have received the notice. 
 
V.  STATE OF ARIZONA PROVISIONS 
 
1. Nondiscrimination. The Parties will comply with all applicable state and federal laws, rules, 
regulations, and executive orders governing equal employment opportunity, immigration, and 
nondiscrimination, including the Americans with Disabilities Act. If applicable, the Parties 
will abide by the requirements of 41 CPR §§ 60-1.4(a), 60-300.S(a) and 60-741.S(a). These 
regulations prohibit discrimination against qualified individuals based on their status as 
protected veterans or individuals with disabilities, and prohibit discrimination against all 
individuals based on their race, color, religion, sex, or national origin. Moreover, these 
regulations require that covered prime contractors and subcontractors take affirmative action 
to employ and advance in employment individuals without regard to race, color, religion, 
sex, national origin, protected veteran status or disability. 
 
2. Conflict of Interest. In accordance with Arizona Revised Statutes ("A.R.S.") § 38-511, 
either ASU or the City may cancel this IGA within three years after the execution of this 
IGA, without penalty or further obligation, if any person significantly involved in initiating, 
negotiating, securing, drafting, or creating this IGA on behalf of ASU or on behalf of the 
City, at any time while this IGA or any extension thereof is in effect, becomes an employee 
or agent of the other party to this IGA in any capacity or a consultant to the other party with 
respect to the subject matter of this IGA. 
 
3. Arbitration in Superior Court. As required by A.R.S. § 12-1518, the Parties agree to make 
use of arbitration in all contracts that are subject to mandatory arbitration pursuant to rules 
adopted under A.R.S.§ 12-133. 
 
4. Records.  To the extent required by A.R.S. § 35-214, the City agrees to retain all records 
relating to this IGA and to make those records available at all reasonable times for inspection 
and audit by ASU or the Auditor General of the State of Arizona during the term of this IGA 
and for a period of five (5) years after the completion of this IGA. The records shall be 
provided at Arizona State University Tempe Campus, Tempe, Arizona, or another location 
designated by ASU upon reasonable notice to City. 
 
5. Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if ASU's 
performance under this IGA depends on the appropriation of funds by the Arizona 
Legislature, and if the Legislature fails to appropriate the funds necessary for performance,

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then ASU may provide written notice of this to the City and cancel this IGA without further 
obligation of ASU. Appropriation is a legislative act and is beyond the control of ASU or the 
City. 
 
6. Student Educational Records. Student educational records are protected by the federal 
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g ("FERPA"). The City will 
comply with FERPA and will not access or make any disclosures of student educational 
records to third parties without prior notice to and consent from ASU or as otherwise 
provided by law. If this IGA contains a scope of work or any provision that requires or 
permits the City to access or release any student records, then, for purposes of this IGA only, 
ASU hereby designates City as a "school official" for ASU under FERPA, as that term is 
used in FERPA and its implementing regulations. As such, City will comply with FERPA 
and will not make any disclosures of ASU students' educational records to third parties 
without prior notice to, and consent from, ASU or as otherwise permitted by law. In addition, 
any access or disclosures of student educational records made by City or its employees and 
agents must comply with ASU's definition of legitimate educational purpose, which 
definition can be found at: SSM 107-01: Release of Student Information (http:// 
http:asu.edu/aad/manuals/ssm/ssm107-01.html). If City violates the terms of this section, 
City will immediately provide notice of the violation to ASU. 
 
7. Governing Law and Venue. This IGA will be governed by the laws of the State of Arizona 
without regard to any conflicts of laws principles. ASU's obligations hereunder are subject to 
the regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or 
relating to this IGA will be conducted in Maricopa County, Arizona. Each Party waives any 
objection it may now or hereafter have to venue or to convenience of forum. 
 
8. Indemnification. Each Party (as "indemnitor") agrees to indemnify, defend, and hold 
harmless the other Party (as "indemnitee") from and against any and all claims, losses, 
liability, costs, or expenses (including reasonable attorney fees) (hereinafter collectively 
referred to as "claims") arising out of bodily injury of any person (including death) or 
property damage, but only to the extent that such claims which result in vicarious/derivative 
liability to the indemnities, are caused by the act, omission, negligence, misconduct, or other 
fault of the indemnitor, its officers, officials, agents, employees, or authorized volunteers. 
Notwithstanding the foregoing, each Party shall be responsible for its own negligence, and 
the negligence of its officers, employees, agents and volunteers.  Notwithstanding any other 
provision of this IGA to the contrary, the Parties acknowledge that ASU is a public 
institution and, as such, any indemnification, liability limitation or hold harmless provision 
shall be limited as required by Arizona law, including without limitation Article 9, Sections 5 
and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621. Consequently, ASU’s 
liability under any claim for indemnification is limited to claims for property damage, 
personal injury or death to the extent caused by acts or omissions of ASU.

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9. Workers' Compensation and Insurance. Employees of each Party to this agreement shall 
not be considered employees of the other Party (except insofar as required by A.R.S. Sec. 23-
1022.D), and each Party shall provide workers' compensation insurance for its employees. 
Each Party shall maintain, for the duration of these Agreement policies of insurance covering 
workers' compensation, public, automobile and professional liability insuring the activities of 
their respective employees. The Parties may fulfill the above insurance requirements by 
programs of self-insurance that meet statutory requirements or through participation in the 
Arizona State Risk insurance programs. 
 
10. Counterparts. This IGA may be executed in one or more counterparts, each of which shall 
be deemed an original, but all of which taken together shall constitute one and the same 
instrument, and photocopy, facsimile, electronic and other copies shall have the same effect 
for all purposes as an ink-signed original. 
 
**SIGNATURE PAGE FOLLOWS**

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IN WITNESS WHEREOF, The Parties have caused this IGA to be executed by their duly 
authorized representatives as of the Effective Date. 
 
City of Tempe, Arizona, an Arizona municipal corporation 
 
By: _____________________________________________ 
Corey D. Woods, Mayor  
 
 
Date 
 
ATTEST: 
 
_____________________________________________ 
Kara A. DeArrastia, City Clerk 
 
Date 
 
APPROVED AS TO FORM: 
  
_____________________________________________ 
Eric C. Anderson, City Attorney 
 
Date 
 
CITY OF TEMPE COUNSEL 
The foregoing IGA by and between the City of Tempe and the Arizona State University has been 
reviewed pursuant to A.R.S. § 11-952 by the undersigned who has determined that it is in proper 
form and is within the powers and authority granted under the laws of the State of Arizona to 
those parties to the Agreement represented by the City’s attorney. 
 
_____________________________________________ 
Eric C. Anderson, City Attorney 
 
Date

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ARIZONA BOARD OF REGENTS, 
a body corporate, acting for and on  
behalf of Arizona State University 
 
 
By: ____________________________ 
 
Name: Rudy Bellavia  
Title: Vice President, University Business Services 
 
 
 
 
ATTORNEY CERTIFICATION 
The foregoing IGA by and between the City of Tempe and Arizona State University has been 
reviewed pursuant to A.RS. § 11-952 by the undersigned who has determined that it is in proper 
form and is within the powers and authority granted under the laws of the State of Arizona to 
those parties to the IGA represented by Legal Counsel for Arizona State University. 
 
__________________________ 
 
 
 
_________________ 
Name: John Zubcic 
 
 
 
 
 
Date: 
Title: Associate General Counsel

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Exhibit A 
SATV Terms and Conditions 
(see attached)