3.26.2026 IGA MOBILITY SERVICES FY 26 RPTA.PDF
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MASTER TRANSIT SERVICES IGA FY 2025-26
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF TEMPE
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
FOR
PARATRANSIT SERVICES
CONTRACT# 169-75-2026-00-DAR
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 are collectively referred to
as the "Parties and singularly referred to as “Party”." This Agreement shall be effective on
the date provided above and will end on June 30, 2028.
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 implementing the public transportation element of the regional transportation
plan (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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MASTER TRANSIT SERVICES IGA FY 2025-26
WHEREAS, City and RPTA entered into an IGA on July 1, 2022, Contract Number
169- 75-2023-00-DAR that expired on June 30, 2025 and
WHEREAS, the parties hereto desire to replace this existing Paratransit Services
IGA into a new agreement.
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.
"Members" mean all cities who are members of East Valley Paratransit.
"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: terrorists, earthquakes, fires, floods, tornadoes,
wars, or similar accidents, disputes or similar events.
SECTION 2. SCOPE OF AGREEMENT
During the term of this Agreement RPTA shall provide the following services:
East Valley Paratransit Service (Schedule A) a shared-ride door- to-door
transportation service that transports designated passengers, within designated time
periods, to destinations within and between each of the Cities and Towns in the East
Valley Paratransit service area.
Regional Paratransit (Schedule A) a shared-ride, door-to-door transportation service
operated for the purpose of transporting designated passengers, within designated time
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MASTER TRANSIT SERVICES IGA FY 2025-26
periods, between origins and destinations that would otherwise require travel on two or
more local Paratransit systems.
RideChoice Program (Schedule B) RideChoice provides access to a network of
transportation providers for ADA paratransit certified people with disabilities and seniors
age 65 and above who reside in Member’s community. The RideChoice program allows
qualified residents to travel using any participating transportation provider for a specified
amount of service per month, at a significantly reduced cost. Member establishes the level
of subsidy which it will provide for its residents.
Americans with Disabilities Act (ADA) Public Transportation Funds (PTF)
(Schedule C) The RPTA shall transfer or credit to the Member funds allocated by the
Board of the RPTA, and specified in Schedule C, for the purposes of reimbursing Member
for the cost to provide Paratransit services to ADA certified individuals.
ADA Platinum Pass Program (Schedule D) The Platinum Pass Program provides trips to
customers that are ADA certified through the “in person” assessment process to travel on fixed
route services at no cost to the customer. This program is designed to encourage ADA certified
individuals to use fixed route transit service when they are able to do so and represents a win/win
for customers and the Member Jurisdiction alike. This program is paid for with regional Public
Transportation Funds allocated on behalf of Member Jurisdiction.
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 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. The 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.
Draft and secure RPTA Board approval for annual operating budgets;
d.
Plan for, prepare changes, and amend service specifications;
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MASTER TRANSIT SERVICES IGA FY 2025-26
e.
Invoice the Member on a quarterly 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 Members and
coordinate the Non ADA Fare Structure for services provided by the
RPTA for Dial-a-Ride 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);
h.
Provide professional staff as necessary to partner with the Member to
plan for, develop, contract for, monitor, and adjust service;
i.
Credit Member up to the pre-determined amount of Americans
Disabilities Act (ADA) Public Transportation Funds (PTF) for the
transport of ADA certified riders;
j.
Provide complaint resolution process;
k.
Recommend service specifications in consultation with the Member;
l.
Provide monthly reports by the 25th of the following month with the
previous month's data on ridership, revenue collected, and applicable
performance standards;
m.
Accept, research, resolve and report on customer complaints, using
the RPTA Complaint Administration System (CAS).
3.2
RPTA will use its best efforts to provide a financial reconciliation within
thirty (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 sixty (60) 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 all invoices submitted
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MASTER TRANSIT SERVICES IGA FY 2025-26
by RPTA to Member within thirty (30) days.
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 and financial reports on a monthly
basis. The data will be provided electronically to member on the 25th of the month with
the previous month's data. The paratransit reports shall include at a minimum: ADA
ridership versus non- ADA ridership, revenue miles operated, as well as performance
indicators by which the Member and the RPTA can evaluate whether the service provider
is meeting policies, and service standards.
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
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 4. MEMBER'S OBLIGATIONS:
4.1
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 of invoice date for its costs to, monitor, manage 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.
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
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MASTER TRANSIT SERVICES IGA FY 2025-26
(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 RPTA Program(s) defined in
Section 2 of this Agreement.
4.4
Provide a written ninety (90) calendar day notice for major program 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
(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
This Agreement shall take effect only after it has been approved by Member's Council,
approved by the RPTA Board of Directors, executed by the duly authorized officials of each
of the Parties, approved by the Parties' respective counsel and 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 7. GENERAL CONDITIONS
7.1
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
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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.
7.2
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.
7.3
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.
7.4
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
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. Upon termination of this
Agreement, all property used in connection with this Agreement will be
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MASTER TRANSIT SERVICES IGA FY 2025-26
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 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
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 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 they shall be
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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 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 of RPTA.
11.6
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.
11.7 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.
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.
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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, the dispute shall be presented to the RPTA Board of Directors
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for resolution. If not resolved at this level, 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, sent by email as
PDF or 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:
Chief Legal Officer
101 N. 1st Avenue, Suite 1300
Phoenix, AZ 85003
If intended for Member:
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, 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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MASTER TRANSIT SERVICES IGA FY 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 or other applicable law, 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
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binding on RPTA and Member and their respective successors and permitted assigns.
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. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter contained herein, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein.
SECTION 25. 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 26. 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 27. 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 28. 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 29. COMPLIANCE WITH THE E-VERIFY PROGRAM
29.1
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).
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29.2
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.
29.3
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.
29.4
Random Verification - Either Party may conduct a random
verification of the employment records of the other to ensure compliance with this
warranty.
29.5
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).
29.6
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 30. CIVIL RIGHTS
The Parties agree that as a condition of this Agreement they will each comply
with all applicable federal, state and local civil rights laws and regulations, in accordance
with applicable directives, except to the extent that the proper authority determines
otherwise in writing.
SECTION 31. INCORPORATION OF EXHIBITS
For each year during the term of this Agreement and in coordination with
RPTA'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”
Paratransit Services
Schedule “B”
RideChoice Program
Schedule “C”
Americans with Disabilities Act (ADA)
Public Transportation Fund (PTF)
Schedule “D”
ADA Platinum Pass
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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
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
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MASTER TRANSIT SERVICES IGA FY 2025-26
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of A.R.S. Section 11-952(D), each of the undersigned
attorneys acknowledge that: (1) they have reviewed the above Agreement on behalf of their
respective clients; and, (2) as to their respective clients only, each attorney has determined that this
Agreement is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
_________________________________
____________________________________
Eric C. Anderson, City Attorney
Chief Legal Officer for RPTA.
City of Tempe
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SCHEDULE “A” – ADA MANDATED PARATRANSIT SERVICE
For the period from July 1, 2025 through June 30, 2026, the Member City will pay RPTA a total
of $512,896.00 for the provision of east valley paratransit services. This payment will be broken
into equal monthly installments of $42,741.33 which shall be due and payable within thirty
calendar days (30) calendar days after the end of the corresponding service period. The fourth
quarter billing will occur in conjunction with the annual reconciliation process. This final
quarterly invoice and payment may be adjusted up or down based on the extent to which the actual
cost of service is higher or lower than the budget amount for service.
FY26 Paratransit Service
Funded by City of Tempe
Paratransit
Trips:
Paratransit Trips
23,192
Total Trips
23,192
Cost:
Contractor Transportation Cost
$1,871,077
RPTA Salaries, Fringes & OHD
$129,347
Total Gross Program Cost
$2,000,424
Total Fare Revenue
($87,666)
Total Net Program Cost Before PTF
$1,912,758
PTF Balance Available
$1,399,862
PTF Applied
$1,399,862
Member City Contributions:
Paratransit Service
$512,896
Total Member City Contribution
$512,896
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SCHEDULE “A” – ADA MANDATED PARATRANSIT SERVICE OVERVIEW
Schedule A
Effective July 1, 2025
Service Overview
Service type
Door-to-Door, shared-ride service provided with accessible vehicles
Eligibility
ADA certified, and ADA eligible visitors
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 regular
fixed route, light rail or streetcar services are eligible for ADA paratransit for up to 30
days per 365 days. To register as a visitor, contact RPTA Mobility Center at
602.716.2100, eligibility option.
Service Area
Trips that begin and end within the minimum federally mandated ADA paratransit
service area. This includes areas that are within 3/4 mile of a transit route or light rail
and streetcar 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 designated by RPTA.
Days of Service
Monday - Sunday Including HOLIDAYS
Hours of Service
5 AM to 10 PM and at other times when transit bus and light rail and streetcar 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
Two times the fare charged on fixed route, streetcar, or light rail. Comparable
service must include origin and destination within the appropriate mode.
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
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 RPTA's
service animal policies, visit valleymetro.org/service animals.
Mobility Devices
RPTA 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
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occupied at minimum, or as required under ADA regulations. Larger devices will be
transported if vehicle will accommodate.
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, RPTA Paratransit will offer a pick-up
time that is within one hour before or after the time requested.
Reserving based on
appointment time
If a customer specifies an appointment time, RPTA Paratransit will offer a pick-up
time not more than one hour before the appointment for all jurisdictional trips, and
for trips travelling to contiguous jurisdictions. For cross jurisdictional trips, RPTA
will offer a pick-up time that is within one and a half hours of the appointment time.
For trips needing to travel the full length of the service area, other pick-up times may
need to be negotiated..
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. Cancellations made
less than 2-hours prior to scheduled pick-up time will be considered a late cancel and
classified a no-show. Only actions within the control of the individual may count as
part of a pattern or practice.
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 scheduled 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 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 vehicle arrives outside the 30-minute window and the customer
does not travel.
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 and the vehicles arrive within the 30-minute window. Only actions
within the control of the individual may count as part of a pattern or practice.
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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. RPTA will identify riders who must be provided with
hand-to-hand service.
Driver Assistance
The driver is expected to provide any 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. RPTA
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. RPTA 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 if the
rider has notified the provider in advance and if 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 RPTA's approved package policy available in the RPTA ADA
Paratransit Ride Guide. Drivers will assist with carrying small packages, weighing
not more than fifty pounds in total.
Ride Time
RPTA 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 - Valley Metro shall contract with an Operations and Maintenance
provider for the provision of passenger pick-up and drop-off based on the schedules
provided by Valley Metro via reservations and scheduling services.
Provider Rate
Structure
Contractor is reimbursed by RPTA as designated in the Operations and Maintenance
contracts.
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SCHEDULE “B” – "RIDECHOICE” – ADA MANDATED PARATRANSIT SERVICE
Member agrees to participate and financially support the Ride Choice program for Fiscal Year
2025-2026. Member shall fund this project in the amount of $1,557,573.00 for the period July 1, 2025 to
June 30, 2026. Member will pay the RPTA for the project in twelve (12) monthly installments of
$129,797.75. Payment of invoices shall become due within thirty (30) calendar days after end of the
service period. A final reconciliation will be completed by RPTA within sixty (60) days after the end of
the fiscal year.
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SCHEDULE “B” – RIDECHOICE SERVICE OVERVIEW
Schedule B
Effective July 1, 2025
Service Overview
Service type
Subsidized curb-to-curb transportation
Eligibility
Eligible residents of Incorporated Tempe who are ADA certified and/or seniors 65
years of age or older.
Visitors
Not eligible. Rider must be resident of Member’s community.
Service Area
Trips must be entirely within Maricopa County.
Days of Service
365 days per year
Hours of Service
24 hours per day
Trip Limits
Trip Option: Base level is 20 trips per month. If a rider uses RideChoice to get to
work, school or medical appointments, rider may request an increase to 50 trips per
month. Unused trips do not roll over.
Mileage Option 400 (MO400): If customers need to take frequent longer trips, they
may be eligible to receive their service as a monthly allocation of 400 miles which
can be used for trips of up to no more than 50 miles in length and operating entirely
within Maricopa County and within the jurisdictional boundaries of any other RPTA
member communities. Unused miles do not roll over.
Trip Purposes
Any trip, regardless of trip purpose. There are no trip purpose restrictions, but if a
customer requests an increase in trip levels, they must demonstrate that they need the
additional service to cover at least some service for school, work or medical
purposes. Furthermore, RPTA reserves the right to reduce a customer’s trip level
back to the base level if it is determined that customers never or rarely use
RideChoice for work, school or medical purposes.
Fare Structure
Fares
Trip Option: $3 per one-way trip for up to eight miles. $2 per mile beginning after
the eighth mile, rounding up at ¼ mile increments.
Mileage Option (MO400): $3 per one-way trip up to no more than 50 miles.
Tips: Tips are not required, but if the customer chooses to pay a tip, the customer
may do so at his/her option with the driver directly. RideChoice will not collect
and/or process tips.
Fare Media
Credit/debit cards, some reloadable cash cards, and cash (some providers)
Passenger Types
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Riders
Riders are required to be ADA Certified and/or 65 years of age or older.
Personal Care
Attendant (PCA)
Permitted
Companions
Customer may travel with up to three additional companions, including the PCA.
Children
Customers must be eighteen (18) years of age or older to travel unaccompanied.
Customers may bring children as PCAs or companions.
Mobility Devices and Disability-Related Equipment
Service Animals
Service animals are permitted on RideChoice. For more information on RPTA's
service animal policies, visit www.valleymetro.org/accessibility/service-animals.
Mobility Devices
RideChoice 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, or as
required under the Americans with Disabilities Act. Some providers may only be able
to accommodate folding manual wheelchairs.
Oxygen and Other
Equipment
Must be able to be safely secured on board the vehicle.
Reservations, Changes and Cancellations
Reservations Number
602.716.2111
Reservations Hours
24 hours per day
Reservations Period
On an immediate basis or up to 14 days prior to travel.
Changes
May be made at any time. Providers may not be able to accommodate last-minute
changes.
Cancellations
May be made at any time.
Service Delivery
Late Trips
Applies to pre-scheduled trips only. A trip is late if the vehicle arrives 31 minutes or
more after the request for an immediate pick-up or the scheduled pick-up time for a
pre-scheduled trip. A rider is not required to take a late trip.
Missed Trips
A missed trip occurs when the provider fails to arrive within the acceptable pick-up
window and the customer does not travel.
Boarding Window
The driver will wait for five minutes. If the rider fails to board within that time, the
driver may leave, and the rider will be charged with a no-show.
No-Show
A no show occurs when a transportation provider arrives to transport a rider within
the 30 minute window , and the rider fails to board the vehicle within the time
allotted for the pick‐up. A rider who incurs an excessive number of no‐shows may
lose access to the RideChoice program.
Curb-to-Curb Service
This is the base level of service, defined as service from the nearest safe parking area
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near the rider's origin to the nearest safe parking area near the rider's destination. This
could be a driveway, a parking lot, or the curbside adjacent to the rider's pick-up or
drop-off address. Some drivers may choose to provide a higher level of service, but it
is not required.
Driver Assistance
Upon request, the driver may (but are not required to) provide any of the assistance
identified herein: 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.
Seatbelts and Mobility
Device Securement
Riders are subject to the securement policies of the individual RideChoice provider
but are strongly encouraged to use seatbelts and mobility device securement systems.
Children
Riders are responsible for ensuring that accompanying children are transported in
approved child safety seats when required to do so by law. The rider is responsible
for bringing his/her own child safety seat.
Pets
The transport of pets is at the driver's discretion.
Packages
Customers are subject to the package policies of individual RideChoice providers.
Most vehicles have trunks and/or cargo storage areas which will accommodate items
such as groceries, luggage and other small items.
Provider and Contract Information
Provider
Contracted service - Administrative Services managed by Valley Metro ATS staff
will arrange reservations, schedules trips, and utilizes subcontractors who provide the
trips. Subcontractors include TNC’s, local taxicab companies and other non-
emergency medical transportation providers.
Provider Rate
Structure
Contractor is reimbursed by RPTA in a manner the provider charges the general
public.
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SCHEDULE “C” – AMERICANS WITH DISABILITIES ACT (ADA) –
PUBLIC TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2025 to June 30, 2026 the maximum amount of Public Transportation
Funds (PTF) available for the City of Tempe is $1,399,862. The PTF will credit actual costs for ADA
trips and other requests for Paratransit service made by ADA certified Riders 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
FY 2025-26
$1,399,862
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SCHEDULE “D” – ADA PLATINUM PASS
Member does hereby agree to participate in the RPTA ADA Platinum Pass Program specified in
this Schedule D. The Platinum Pass Program allows ADA certified customers to travel on fixed-route
services at no cost to the customer. The PTF funds 100 percent of the fare due (reduced fare for local
service; full fare for express service) and will be allocated as a regional service without allocation to the
Member or sub-regional JE. Participation in the ADA Platinum Pass Program is voluntary by Member
and may be cancelled by Member by providing a ninety (90) calendar day written notice to RPTA. This
program is designed to encourage ADA certified individuals to use fixed-route service for a trip whenever
possible, in lieu of a traditional paratransit trip. This program provides cost avoidance for both the
participating city and the customer. Each eligible ADA certified passenger that opts to participate will
receive a reduced fare ADA Platinum Pass to be used at rail fare vending machines and at bus fare boxes
for the payment of fare, as defined by the RPTA Board approved fare policy in effect. Current fare
information can be found here: http://www.valleymetro.org/paying_your_fare/fare_options/.
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EXHIBIT 1 MAPS