3.26.2026 IGA FIXED ROUTE FY 26 RPTA.PDF
Extracted text (via pymupdf)
54690 characters
1
TEMPE FIXED ROUTE SERVICES - 2025 - 26
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF TEMPE AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Regarding Transit Service Agreement with RPTA
CONTRACT # 169-31-2026-00-FR
THIS TRANSIT SERVICES AGREEMENT (“Agreement”) is made and entered into this
1st day of July, 2025 by and between the City of Tempe, 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 may be collectively referred to as the “Parties and singularly
referred to as “Party”.”
RECITALS
WHEREAS, Member has Charter Authority to provide transit services and Charter and
statutory 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
2
TEMPE FIXED ROUTE SERVICES - 2025 - 26
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,
WHEREAS, Member desires RPTA to provide local and sub-regional fixed route bus
service.
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 Tempe, 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 6 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: terrorism, earthquakes, fires, floods, tornadoes, wars, or similar accidents, or
similar events.
“Transportation Services” means
“Transit Services” means
SECTION 2. SCOPE OF AGREEMENT
During the term of this agreement RPTA shall provide the following services:
3
TEMPE FIXED ROUTE SERVICES - 2025 - 26
Regionally Funded Fixed Route Bus Service (Schedule A) means a public system for the
transport of passengers by bus that is funded by Proposition 400 and Proposition 479 Public
Transportation Funds (PTF) which are appropriated for use by the RPTA Board of Directors.
Member Funded Fixed Route Bus Service (Schedule B) means a public system for the
transport of passengers by bus that is funded by Member.
SECTION 3. RPTA’S OBLIGATIONS:
3.1
With respect to the services provided hereunder, RPTA, shall:
a.
Negotiate and coordinate the implementation of operating agreements;
b.
Provide Fixed Route Bus service, 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;
c.
Provide regional marketing and merchandising of regional services; in
coordination with Member’s local marketing and merchandising of local
service and projects;
d.
Draft and secure RPTA Board approval for annual operating budget;
e.
Plan for, prepare changes, and amend service specifications as developed
through the SRTP and SPWG and directed by Member and;
f.
Invoice the Member on a monthly basis for service(s) (based upon revenue
miles) provided to Member.
g.
Determine, set, and amend as necessary the fare structure for services
provided by or under the contract;
h.
Convene a Steering Committee, consisting of representatives from the
Member, the other participating Members, and the RPTA to coordinate and
monitor service and to resolve service and contractual performance issues;
i.
Provide professional staff as necessary to partner with the Member to plan
for, develop, contract for, monitor, and adjust service;
j.
Provide efficient operating schedules, proper maintenance, and other
4
TEMPE FIXED ROUTE SERVICES - 2025 - 26
business practices to emphasize fuel economy.
k.
Create and operate trip schedules to minimize dwell time in order to ensure
optimum travel times.
l.
Provide customer complaint resolution process;
m.
Recommend service specifications in consultation with the Member;
n.
Provide accurate monthly reports on ridership, revenue collected, and
applicable performance standards;
o.
In the event of a transit labor strike or walkout, RPTA’s contractor shall
provide transit operations at a level equal to or greater than 60% of service
on scheduled weekday revenue miles (Saturday Service Level), defined in
Exhibit A, within five (5) calendar days of the work stoppage. RPTA shall
keep the city of Tempe informed of the service levels that can be provided
as soon as reasonably possible.
3.2
RPTA will use its best efforts to provide a financial reconciliation within 30
calendar days of the end of each quarter for informational purposes. A reconciliation of all costs
of service (including any administrative fees) shall be conducted after the fiscal year end. RPTA
will use its best efforts to provide such final year-end reconciliation within 30 calendar days after
the end of the fiscal year. If it is found that Member has paid more than its share of the costs of
service, RPTA shall credit such overpayment to Member on its next invoice or refund the money
to the Member at the Member’s choice. Conversely, if Member has under paid its share of the
costs of services, RPTA shall invoice the underpayment to Member. Member shall pay
reconciliation invoice submitted by RPTA to Member within 30 days of invoice date.
3.3
RPTA and Member may conduct service and financial audits, as required, of any
services provided hereunder.
3.4
RPTA shall provide performance data reports on a monthly basis. The data will be
posted on the Valley Metro website www.valleymetro.org or within its extra-net site.
Fixed route bus reports shall collect the following monthly performance statistics for the
Member – all statistics will be reported by route except fuel efficiency and vehicles operated per
day:
Boardings by Member and Other Members*;
5
TEMPE FIXED ROUTE SERVICES - 2025 - 26
Wheelchair Boardings by Member and Other Members*;
Vehicle Revenue Miles by Member and Other Members*;
Operating Days by Member;
Average number of passengers by revenue mile of service*;
Operating Costs*;
Passenger Revenue by Jurisdiction*;
Percent On-time Performance*;
Service Interruptions*;
Vehicle Breakdowns*;
Mechanical Failures;
Fuel Efficiency by Fleet Type;
Wheelchair lift/ramp Breakdowns;
Accidents;
Vehicle Accidents;
Passenger Accidents;
Passenger Security Incidents;
Total Customer Complaints and Compliments: and
Crimes reported.
3.5
RPTA shall provide 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 Member approves the budget estimate, RPTA shall prepare an amendment to this Agreement
for Member approval of the budget estimate.
3.6
In the event of a transit related collision, fire, major security incident, or media
coverage occurring within Member jurisdiction or involving Member-owned assets, RPTA shall
notify Member within 60 minutes of occurrence and shall provide Member with a detailed final
report within 48 hours.
3.7
RPTA shall manage, operate, and maintain Member-owned vehicles in a safe
manner in accordance with federal, state, and local requirements. Vehicles shall remain in a state
of good repair at all times.
6
TEMPE FIXED ROUTE SERVICES - 2025 - 26
a.
Member’s vehicles shall receive a comprehensive mid-life refurbishment as
established in the Valley Metro Fleet Rehabilitation Schedule.
b.
In the event of a major collision or other damage to any Member vehicle that has
not reached its useful life and said vehicle is non-repairable or the cost of repair exceeds the
remaining value of the vehicle, , RPTA shall pay restitution to Member in the amount of the
vehicle’s fair market value at the time of loss.
c.
Member-owned vehicles shall be operated within member jurisdiction to the extent
practicable.
d.
Member-owned vehicles shall not be used for Charter service or School Bus service
except as defined by FTA regulations.
e.
The minimum lifespan (age and/or mileage) of a vehicle shall be determined by
Member and based on FTA transit vehicle service life policy.
f.
When purchasing new vehicles for Member’s Orbit service, or for replacement of
Member’s bus fleet, vehicle configuration, color scheme, etc. shall be determined by Member.
Member shall remain owner of record for all revenue vehicles purchased as expansion or
replacement of Member’s fleet. All other vehicle purchases for the East Valley Fixed Route
Services Contract will be designed and configured by RPTA staff with Member consultation.
SECTION 4. CITY’S OBLIGATIONS:
4.1
With respect to the services provided hereunder:
a. If Member desires services in addition to the services originally approved in the
schedules attached hereto, 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 after the end of the corresponding service period for its
costs to monitor and generally administer the service in City.
c. At Member’s election, become member of and participate in all meetings,
deliberations, and decisions of any Steering Committee for services provided
hereunder.
d. Member may purchase and install bus stop signs and associated amenities.
e. Member shall provide direction to and partner with the RPTA in the preparation
7
TEMPE FIXED ROUTE SERVICES - 2025 - 26
and amendment of service plans and levels (i.e. Frequency, hours, etc.) for member
funded service;
f. Member shall determine brand identity and associated names and graphics for the
following Member funded programs and services: Tempe in Motion (TIM), Orbit,
and FLASH. The Member may independently market and promote such Member
services and events.
g. Member shall have the right to establish fares for ORBIT, FLASH and any other
Tempe service operated solely within the Tempe service area.
h. Member shall have the final authority on the level of service and all related items
set forth or to be set forth in Schedule B, attached hereto.
4.2
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.
4.3
Member does hereby agree to participate in the Valley Metro Program(s) defined
in Section 2 of this Agreement.
4.4
Provide a written ninety (90) calendar day notice for major service changes.
4.5
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 5. TERM OF AGREEMENT
The term of this Agreement is three (3) years which begins on July 1, 2025 and, unless
sooner terminated under any provision of this Agreement, ends on June 30, 2028 and includes two
8
TEMPE FIXED ROUTE SERVICES - 2025 - 26
(2) one (1) year options which may be executed by amendment. 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 6. EFFECTIVE DATE
The effective date of this Agreement is July 1, 2025.
SECTION 7. 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.
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
9
TEMPE FIXED ROUTE SERVICES - 2025 - 26
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 and (if termination was at the election of Member)
any penalty or costs whatsoever. 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. Final payment shall be made within sixty
(60) calendar days after the termination of service.
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.
SECTION 8. ADDITIONAL WORK
This Section is intentionally left blank.
SECTION 9. 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
by Member in its sole and absolute discretion. Any assignment or transfer without such prior
written consent shall be void.
SECTION 10. 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
10
TEMPE FIXED ROUTE SERVICES - 2025 - 26
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 and economic or financial loss of any character or any nature: (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.
It is the specific intent of the Parties to this Agreement 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, or for economic or financial losses arising out of or in any way connected
with the performance of this Agreement.
It is agreed that RPTA will be responsible for all primary loss investigation, defense and
judgment costs.
SECTION 11. INSURANCE REQUIREMENTS
11.1. 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 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 City of Tempe
under these policies.
11.2. All coverage shall be evidenced on a certificate of insurance provided to the
City of Tempe prior to commencement of this contract. The City of Tempe 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 City of Tempe. Failure of the City of
Tempe to demand such certificates or other evidence of full compliance with these
insurance requirements of failure of the City of Tempe to identify a deficiency from the
11
TEMPE FIXED ROUTE SERVICES - 2025 - 26
evidence provided shall not be construed as a waiver of RPTA’s obligation to maintain
such insurance.
11.3. 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 City of
Tempe.
11.4. RPTA’s insurance shall be primary insurance to the City, and any insurance
or self -insurance maintained by the City shall not contribute to it.
11.5 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 City of Tempe or RPTA.
11.6. Commercial General Liability – RPTA shall maintain in force the following
minimum commercial general liability insurance; $10,000,000 per occurrence with a
$2,000,000 aggregate for bodily injury, death and property damage, personal and
advertising injury, and products/completed operations.
11.7. Commercial Automobile Liability – RPTA shall maintain the following
minimum business auto liability insurance limits; $10,000,000 combined single limit per
accident. Coverage shall be for “any auto”, which includes all owned autos, hired and
leased autos, and non-owned autos.
11.8. Commercial Auto Physical Damage Coverage - RPTA shall insure the City
of Tempe 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.
12
TEMPE FIXED ROUTE SERVICES - 2025 - 26
11.9. 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.
11.10. 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 12. 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 13. 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
13
TEMPE FIXED ROUTE SERVICES - 2025 - 26
satisfaction of both parties, the dispute shall be presented to the RPTA Board of Directors for
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 14. NOTICE
Any notice, consent or other communication (“Notice”) required or permitted under this
Agreement shall be in writing and either delivered in person or by 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:
Jessica Mefford-Miller, Chief Executive Officer
with a copy to:
Michael Wawro, Chief Legal Officer
101 N. 1st Avenue, Suite 1300
Phoenix, AZ 85003
If intended for Member:
Shelly Seyler
Deputy Transportation and Sustainability Director
200 E. 5th Street
Tempe, Arizona 85281
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, five (5) business 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.
14
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SECTION 15. AMENDMENT
This 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 16. 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 17. 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 state court located in Maricopa County, Arizona.
SECTION 18. 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 19. 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 20. 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.
15
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SECTION 21. 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 22. 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 23. 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 24. 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 25. 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.
SECTION 26. 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.
16
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SECTION 27.
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 28. COMPLIANCE WITH THE E-VERIFY PROGRAM
28.1
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).
28.2
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.
28.3
Right to Inspect - Both Parties retain the legal right to inspect the papers of any
employee who works on this Agreement or sub- Agreement to ensure compliance with the
warranty given above.
17
TEMPE FIXED ROUTE SERVICES - 2025 - 26
28.4
Random Verification - Either Party may conduct a random verification of the
employment records of the other to ensure compliance with this warranty.
28.5
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).
28.6
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 29. CIVIL RIGHTS
The Parties agree that as a condition of this Agreement each Party will 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.
18
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SECTION 30. INCORPORATION OF SCHEDULES AND EXHIBITS
For each year during the term of this Agreement and in coordination with RPTA’s and
Member’s adopted fiscal year budget process, Schedules hereto shall be revised and incorporated
into this Agreement and made a part hereof as though fully set forth herein.
Schedule “A”
Regionally Funded Fixed Route Bus Service
Schedule “B”
Member Funded Fixed Route Bus Services
Schedule’s “C”- “G” Intentionally left blank
Exhibits to this Agreement listed below are incorporated by reference and are an integral part of
this Agreement:
Exhibit A:
Specifications for regionally and locally funded service bus service
Exhibit B:
Lease Agreement for East Valley Bus Operations and Maintenance
Facility (EVBOM) with RPTA
Exhibit C
Use Agreement with RPTA for Tempe Bus Fleet
19
TEMPE FIXED ROUTE SERVICES - 2025 - 26
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
By: _______________________________________
Jessica Mefford-Miller, Chief Executive Officer
APPROVED AS TO FORM:
By: _________________________________________________
Michael Wawro, Chief Legal Officer
CITY OF TEMPE
By: __________________________________
Corey D. Woods, Mayor
By: __________________________________
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Eric C. Anderson, City Attorney
20
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SCHEDULE “A” REGIONALLY FUNDED FIXED ROUTE BUS SERVICE
Sources of Project Operating Budget
I.
Regionally Funded Fixed Route Bus Service $13,190,998 (including express)
The above line represents the value of transit service funded by the City of Tempe’s allocation of Proposition 400 and Proposition 479
revenues and operated by the RPTA in the City of Tempe. The calculation to derive this figure is daily revenue miles of service x
number of service days x cost per revenue mile of service. Allocation of Member City PTF funding is based on gross costs less revenues.
FY26 Fixed Route Bus Estimate
RPTA Operated in the City of Tempe
PTF Funded
Funding
PTF
HASTUS
Temp
Route
Level
Miles
Staff &
OHD
Variable Fee Fixed Fee
Incentives
Fuel
Facility
Mntnce
Agrmnts/
Consults
Reg Serv
Misc
Gross Cost
Fare
Bus
Advertising
PM
Net Costs
30
W
110,428
$41,385
$851,666
$134,401
$6,833
$72,370
$43,593
$20,476
$21,400
$3,180
$1,195,302
($52,417)
($8,233)
($79,848)
$1,054,805
30
S
21,762
8,156
167,852
26,484
1,346
14,261
8,591
4,035
4,217
627
235,569
(10,330)
(1,622)
(15,735)
207,881
30
H
11,462
4,296
88,328
13,957
709
7,512
4,525
2,125
2,221
330
124,003
(5,441)
(855)
(8,288)
109,419
48
W
188,174
70,522
1,451,269
229,025
11,643
123,320
74,284
34,891
36,466
5,418
2,036,838
(89,321)
(14,029)
(136,063)
1,797,425
48
S
38,457
14,412
296,625
46,803
2,379
25,203
15,181
7,131
7,452
1,107
416,295
(18,254)
(2,867)
(27,807)
367,366
48
H
42,211
15,819
325,274
51,397
2,612
27,663
16,663
7,827
8,180
1,215
456,651
(20,036)
(3,147)
(30,522)
402,946
61
W
141,346
52,972
1,090,116
172,031
8,746
92,632
55,798
26,208
27,391
4,070
1,529,964
(67,093)
(10,538)
(102,203)
1,350,129
61
school
727
273
5,607
886
45
477
287
135
141
21
7,871
(345)
(54)
(526)
6,945
61
S
21,148
7,926
163,120
25,738
1,309
13,860
8,348
3,921
4,098
609
228,929
(10,038)
(1,577)
(15,292)
202,022
61
H
22,294
8,355
171,799
27,146
1,379
14,611
8,801
4,134
4,320
642
241,188
(10,583)
(1,662)
(16,120)
212,823
72
W
230,421
86,355
1,777,098
280,444
14,257
151,007
90,962
42,724
44,653
6,634
2,494,134
(109,375)
(17,179)
(166,611)
2,200,969
72
S
34,527
12,940
266,314
42,020
2,136
22,627
13,630
6,402
6,691
994
373,754
(16,389)
(2,574)
(24,965)
329,826
72
H
36,868
13,817
284,103
44,892
2,281
24,162
14,554
6,836
7,145
1,062
398,851
(17,500)
(2,749)
(26,658)
351,943
77
W
91,476
34,283
705,500
111,335
5,660
59,949
36,111
16,961
17,727
2,634
990,160
(43,421)
(6,820)
(66,144)
873,775
77
S
18,104
6,785
139,638
22,033
1,120
11,864
7,147
3,357
3,508
521
195,973
(8,593)
(1,350)
(13,090)
172,940
77
H
19,896
7,457
153,319
24,226
1,231
13,039
7,854
3,689
3,856
573
215,244
(9,444)
(1,483)
(14,386)
189,930
81
W
227,788
85,368
1,756,788
277,238
14,094
149,281
89,922
42,236
44,142
6,559
2,465,629
(108,125)
(16,983)
(164,707)
2,175,815
81
school
504
189
3,884
614
31
330
199
93
98
15
5,452
(239)
(38)
(364)
4,811
81
S
36,918
13,836
284,758
44,930
2,284
24,194
14,574
6,845
7,154
1,063
399,639
(17,524)
(2,752)
(26,694)
352,668
81
H
41,283
15,472
318,124
50,267
2,554
27,055
16,297
7,655
8,000
1,189
446,612
(19,596)
(3,078)
(29,851)
394,088
521
W
20,445
7,662
153,209
24,882
1,265
13,399
8,071
3,791
3,962
589
216,829
(9,705)
(1,524)
(14,783)
190,817
522
W
25,892
9,704
194,026
31,511
1,602
16,968
10,221
4,801
5,018
745
274,596
(12,290)
(1,930)
(18,722)
241,654
Grand Total
1,382,131
517,982
10,648,417
1,682,259
85,519
905,785
545,614
256,274
267,840
39,795
14,949,483
(656,061)
(103,044)
(999,380)
13,190,998
21
TEMPE FIXED ROUTE SERVICES - 2025 - 26
SCHEDULE “B” – CITY FUNDED FIXED ROUTE BUS SERVICE COST ESTIMATE
For the period July 1, 2025 to June 30, 2026, the City of Tempe will pay the Regional Public Transportation Authority $28,919,435
for bus service on Routes in Tempe.
Payments made by the CITY to RPTA for operation of Bus Routes depicted in Schedule B shall consist of twelve (12) monthly
installments of $2,409,952.92 paid within thirty (30) calendar days after the end of the corresponding service period. Payments made
to the RPTA shall be made via ACH wire transfers.
FY26 Fixed Route Bus Estimate
RPTA Operated in the City of Tempe
Tempe Funded
Funding
Temp
HASTUS
Temp
Route
Level
Miles
Staff &
OHD
Variable Fee Fixed Fee
Incentives
Fuel
Facility
Mntnce
Agrmnts/
Consults
Reg Serv
Misc
Gross Cost
Fare
Bus
Advertising
PM
Net Costs
45
W
129,140
$48,398
$995,978
$157,175
$7,990
$84,632
$50,980
$23,945
$25,026
$3,718
$1,397,842
($61,299)
($9,628)
($93,377)
$1,233,537
45
S
19,615
7,351
151,293
23,872
1,214
12,855
7,743
3,637
3,801
565
212,330
(9,311)
(1,462)
(14,183)
187,374
45
H
20,091
7,529
154,816
24,463
1,243
13,166
7,931
3,725
3,893
578
217,346
(9,536)
(1,498)
(14,527)
191,784
56
W
171,917
64,430
1,325,895
209,239
10,637
112,667
67,867
31,877
33,315
4,950
1,860,876
(81,605)
(12,817)
(124,309)
1,642,146
56
S
28,564
10,705
220,319
34,763
1,767
18,719
11,276
5,296
5,535
822
309,204
(13,559)
(2,130)
(20,654)
272,862
56
H
30,597
11,467
235,778
37,256
1,893
20,052
12,079
5,673
5,929
881
331,007
(14,524)
(2,281)
(22,124)
292,079
62
W
244,986
91,814
1,889,431
298,171
15,158
160,553
96,711
45,425
47,475
7,054
2,651,793
(116,289)
(18,265)
(177,143)
2,340,097
62
school
1,390
521
10,714
1,693
86
911
549
258
269
40
15,041
(660)
(104)
(1,005)
13,272
62
S
49,272
18,466
380,048
59,966
3,049
32,291
19,451
9,136
9,548
1,419
533,373
(23,388)
(3,673)
(35,627)
470,684
62
H
54,193
20,310
417,607
65,987
3,353
35,516
21,393
10,048
10,502
1,560
586,276
(25,724)
(4,040)
(39,185)
517,327
66
W
171,305
64,200
1,321,171
208,494
10,599
112,265
67,625
31,763
33,197
4,932
1,854,246
(81,314)
(12,772)
(123,866)
1,636,295
66
S
26,892
10,078
207,423
32,728
1,664
17,624
10,616
4,986
5,211
774
291,105
(12,765)
(2,005)
(19,445)
256,890
66
H
29,593
11,091
228,043
36,034
1,831
19,394
11,682
5,487
5,735
852
320,148
(14,047)
(2,206)
(21,398)
282,497
108
W
94,306
35,343
727,328
114,780
5,835
61,804
37,229
17,486
18,275
2,715
1,020,795
(44,765)
(7,031)
(68,190)
900,809
108
S
9,659
3,620
74,501
11,755
598
6,330
3,813
1,791
1,872
278
104,557
(4,585)
(720)
(6,984)
92,268
108
H
10,161
3,808
78,297
12,372
629
6,659
4,011
1,884
1,969
293
109,921
(4,823)
(758)
(7,347)
96,993
Earth
W
287,560
107,769
2,686,940
349,986
17,793
200,717
113,518
53,319
55,725
8,280
3,594,046
-
-
(207,926)
3,386,120
Earth
S
50,978
19,105
476,389
62,042
3,154
35,583
20,124
9,452
9,879
1,468
637,197
-
-
(36,861)
600,336
Earth
H
23,144
8,674
216,077
28,180
1,432
16,154
9,136
4,291
4,485
666
289,096
-
(16,734)
272,362
FLASH
W
43,721
16,385
337,268
53,207
2,705
28,653
17,259
8,107
8,473
1,259
473,316
-
-
(31,614)
441,702
Jupiter
W
204,813
76,758
1,913,760
249,276
12,673
142,959
80,852
37,976
39,690
5,897
2,559,842
-
-
(148,094)
2,411,747
Jupiter
S
36,870
13,818
344,551
44,872
2,281
25,736
14,555
6,836
7,145
1,062
460,856
-
-
(26,660)
434,196
Jupiter
H
16,741
6,274
156,305
20,385
1,036
11,686
6,609
3,104
3,244
482
209,125
-
(12,105)
197,020
Mars
W
210,018
78,708
1,962,395
255,611
12,995
146,593
82,907
38,941
40,699
6,047
2,624,897
-
(151,858)
2,473,039
Mars
S
37,514
14,059
350,565
45,655
2,321
26,185
14,809
6,956
7,270
1,080
468,901
-
-
(27,125)
441,775
Mars
H
17,032
6,383
159,016
20,739
1,054
11,888
6,724
3,158
3,301
490
212,752
-
(12,315)
200,437
Mars Tripper
school
11,699
4,385
109,399
14,233
724
8,166
4,618
2,169
2,267
337
146,298
-
-
(8,459)
137,839
Merc Tripper
school
9,952
3,730
93,060
12,108
616
6,947
3,929
1,845
1,929
287
124,449
-
-
(7,196)
117,253
Mercury
W
152,210
57,044
1,422,236
185,253
9,418
106,242
60,087
28,223
29,496
4,383
1,902,381
-
-
(110,058)
1,792,322
Mercury
S
27,159
10,178
253,798
33,053
1,680
18,957
10,721
5,036
5,263
782
339,469
-
-
(19,638)
319,831
Mercury
H
12,442
4,663
116,160
15,149
770
8,684
4,911
2,307
2,411
358
155,414
-
(8,996)
146,418
Saturn
W
146,726
54,989
1,370,999
178,579
9,079
102,415
57,922
27,206
28,434
4,225
1,833,845
-
-
(106,093)
1,727,752
Saturn
S
26,929
10,092
251,644
32,773
1,666
18,796
10,630
4,993
5,218
775
336,589
-
(19,471)
317,117
Saturn
H
25,586
9,589
238,880
31,154
1,583
17,859
10,100
4,744
4,958
737
319,605
-
(18,500)
301,105
Venus
W
186,955
70,065
1,746,899
227,542
11,568
130,495
73,803
34,665
36,230
5,383
2,336,649
-
-
(135,182)
2,201,467
Venus
S
33,359
12,502
311,734
40,598
2,064
23,284
13,169
6,185
6,464
960
416,961
-
(24,121)
392,841
Venus
H
15,282
5,727
142,677
18,608
946
10,667
6,033
2,834
2,961
440
190,891
-
(11,050)
179,841
Grand Total
2,668,370
$1,000,026
$23,079,396
$3,247,748
$165,104
$1,814,101
$1,053,372
$494,767
$517,096
$76,829
$31,448,440
($518,192)
($81,390)
($1,929,423)
$28,919,435
22
TEMPE FIXED ROUTE SERVICES - 2025 - 26
Exhibit A
SPECIFICATIONS FOR REGIONALLY AND LOCALLY FUNDED SERVICE BUS SERVICE
Fixed Route Service Specifications: A general description of regionally and locally funded
transit services covered by the agreement is as follows:
Freq.
Freq.
MODE-ROUTE
Service Area
Span of Service
(Peak) (Off-Peak) Span of Service Freq. Span of Service Freq.
LOCAL BUS ROUTES
Route 30
University
5am - 12:30am
30
30
5am - 12:30am
30
5am - 10:00pm
60
Route 45
Broadway
5am - 12:30am
15
30
5am - 12:30am
30
5am - 10:00pm
30
Route 48
48th-52nd-Rio Salado
5am - 12:30am
30
30
5am - 12:30am
30
5am - 10:00pm
30
Route 56
Priest
5am - 12:30am
15
30
5am - 12:30am
30
5am - 10:00pm
30
Route 61
Southern
5am - 12:30am
15
30
5am - 12:30am
30
5am - 10:00pm
30
Route 62
Hardy
5am - 12:30am
30
30
5am - 12:30am
30
5am - 10:00pm
30
Route 66
Kyrene-Mill
5am - 12:30am
15
30
5am - 12:30am
30
5am - 10:00pm
30
Route 72
Rural-Scottsdale
5am - 12:30am
20
20-30
5am - 12:30am
30
5am - 10:00pm
30
Route 77
Baseline
5am - 12:30am
30
30
5am - 12:30am
30
5am - 10:00pm
30
Route 81
McClintock
5am - 12:30am
15
30
5am - 12:30am
30
5am - 10:00pm
30
Route 108
Elliot
5am - 12:30am
30
30
5am - 12:30am
60
5am - 10:00pm
60
EXPRESS BUS ROUTES
Exp 521
Central Tempe - Phoenix
4 trips a.m. / 4 trips p.m.
20
No Service
No Service
No Service
Exp 522
South Tempe - Phoenix
4 trips a.m. / 4 trips p.m.
20
No Service
No Service
No Service
URBAN CIRCULATORS
FLASH
Downtown Tempe-ASU
7am - 6pm
15
15
No Service
No Service
NEIGHBORHOOD CIRCULATORS
Orbit Earth
North Tempe
6am - 11pm
15
15-30
8am - 10pm
15
8am - 7pm
30
Orbit Jupiter
Central Tempe
6am - 10pm
15
15
8am - 10pm
15
8am - 7pm
30
Orbit Mars
Central-East Tempe
6am - 10pm
7/8/15
15
8am - 10pm
15
8am - 7pm
30
Orbit Mercury
Central-East Tempe
6am - 10pm
7/8/15
15
8am - 10pm
15
8am - 7pm
30
Orbit Saturn
South Tempe
7am - 9pm
30
30
8am - 9pm
30
8am - 7pm
30
Orbit Venus
Central-West Tempe
6am - 10pm
15
15
8am - 10pm
15
8am - 7pm
30
WEEKDAY
SATURDAY
SUNDAY