Title VI Plan

As prepared by the

CENTRAL ARIZONA GOVERNMENTS

(CAG)

Contact:

Travis Ashbaugh

1075 S. Idaho Rd., Suite 300 Apache Junction, AZ 85119

Phone: 480‐474‐9300 Fax: 480‐474‐9306

Email: tashbaugh@cagaz.org www.cagaz.org

Approved on October 19, 2015, by the:

CENTRAL ARIZONA GOVERNMENT’S Executive Committee

Of REGIONAL COUNCIL

CENTRAL ARIZONA GOVERNMENTS (CAG)

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Table of Contents

Introduction………………………………………………………………………………………………………………………. 4 COG Membership Organization…………………………………………………………………………………………. 4 Program Administration………………………………………………….……………………………..................... 4

CAG Area Planning Boundary Map (Figure 1)…………………………………………………………………….. 5 Program Areas Strategic Transportation Safety Plan……..……………………………………………………………… 6 Mobility Management Plan…………………………………………………………………………………… 6 CAG Website………………………………………………………………………………………………………… 6 Workshops/Stakeholder meetings……………………………………………………………………….. 6 Staffing ………………………………………………………………………………………………………. 6 Lawsuits Alleging Discrimination……………………………………………………………………………………… 6 Pending Applications for CAG include………………………………………………………………………………. 6

Complaint Process …………………………………………………………………………………………………………. 6

Environmental Justice Activity………………………………………………………………………………………… 8 Statistical Community Data (Figure 2)……………………………………………………………………………… 8 Title VI Assurances/Contract………………………………………………………………………………………….. 9

Title VI Requirements (Attachment A)………………………………………………………………………………… 17 ADOT Complaint form (Attachment B)………………………………………………………………………………… 18

Compliance & Regulation…………………………………………………………………………………………………. 12 Clauses for Deeds Transferring to United States Property………………………………………………… 13 Clauses for Real Property Transferring to United States Property……………………………………. 14 Clauses for real construction/Access to Real Property……………………………………………………… 15 Non-Discrimination………………………………………………………………………………………………………….. 16

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Introduction

The Central Arizona Governments (CAG) was formed in 1970 and is one of six regional planning districts, or Councils of Government

(COGs), that was established by Executive Order 70-2 signed by the Governor of Arizona to provide effective regional planning services

to Gila and Pinal counties. CAG leads a coordinated planning process for rural and urbanized areas (Population 447,483 People –

396,237 in Pinal County; 54,219 in Gila County) comprised of both counties.

The Sun Corridor Metropolitan Planning Organization (SCMPO) was formed in 2013. Pinal

County has a total rural population of 227,892 individuals throughout the county while the

Sun Corridor small urbanized area, contained within Pinal County’s boundaries, has a

population of 119,591. The SCMPO is responsible for Transportation Planning within its

respective region, including coordination planning. The CAG Region surrounds the SCMPO

on the north, east, and west sides. SCMPO is bordered to the south by the Pima Association

of Governments (PAG) Region – depicted on the map to the right. Maricopa County forms a

boundary along the north and west side of the CAG Region. The Maricopa Association of

Governments (MAG) planning boundary was increased to encompass other cities and

unincorporated areas within Pinal County; facilitating trips across these many boundaries is

an important focus for the CAG Region.

Council of Government (COG) Membership

The member agencies of the Central Arizona Governments are represented on the Regional Council by elected officials. It is the function of the Regional Council to act as a policy body to coordinate regional planning, and to implement related activities within the planning area. The Regional Council consists of elected or appointed officials from the following member entities: Gila County, Pinal County, City of Globe, Town of Superior, Town of Hayden, Ak‐Chin Indian Community, Town of Miami, Gila River Indian Community, Town of Payson, Town of Kearny, San Carlos Apache Tribe, Town of Star Valley, Town of Mammoth, Town of Winkelman, and the Town of Marana. See Figure 1.

Program Administration

CAG Title VI Coordination and Administration Compliance are ongoing and fall under the duties of the Transportation Planning Manager who manages the Transportation Department. The Transportation Department obtains funding from the Arizona Department of Transportation (ADOT) and is primarily responsible for conducting multiple public input and review processes, including the development of a regional Transportation Improvement Program (TIP). This is coordinated through the Transportation Technical Advisory Committee (TTAC). This functional Committee, as set forth in the CAG Bylaws, has been created to serve as a technical committee on regional transportation planning and makes recommendations on transportation related issues to the CAG Regional Council. The committee is comprised of the Public Works and Engineering Staff from the 15 member agencies, as well as a representative from ADOT’s Multimodal Planning Division. The committee has the authority and primary responsibility to conduct technical reviews and analysis regarding all work activities of the Work Program and to advise the Regional Council on appropriate actions to be taken.

The CAG Transportation Department provides technical assistance to communities applying for transportation-related grants and

works as an advocate for local transportation issues. The Department assists members in the processes to apply for, and to receive

funding for road projects, transit systems, and other transportation-related projects. The department provides updates, trainings and

workshops, and functions as a liaison between the Region, State and Federal agencies on issues pertaining to transportation.

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FIGURE 1

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CAG is currently working on the following regional transportation projects: a Strategic Transportation Safety Plan and a Coordinated

Mobility Management Plan.

Program Areas Strategic Transportation Safety Plan The CAG Strategic Transportation Safety Plan will provide valuable input to the Regional Transportation Plan and also provide practical implementation guidance allowing safety projects and programs in the four E’s of engineering, enforcement, education, and emergency services to move forward in the CAG Region. Mobility Management Plan The Coordinated Mobility Management Plan is responsible for completing necessary planning work, forming partnerships, implementing coordination actions, overseeing sub-regional coordination activities, and monitoring performance to achieve the regional and state priorities for mobility management.

CAG Website CAG has updated its website in accordance to ADOT’s Annual Work Plan (FY 2014‐2015). The new and updated website is interactive and is easy to access information. The website has all of the Transportation Technical Advisory Committee agendas and minutes and the approved TIPs, posted for download/reference. CAG also plans to maintain an email distribution list for interested citizens to subscribe to, thus allowing for citizens to b e informed of upcoming Committee meetings, public involvement sessions and availability of data/maps for download. Social Media, such as Twitter and Facebook, are beginning to be implemented with the CAG information sharing process. CAG’s Twitter account will be utilized to share information with the public regarding meetings, employment opportunities, training, and other relevant news items. Workshops / Stakeholder Meetings CAG conducted sub‐area Stakeholder Meetings to ascertain input and suggestions to Phase II of the Regional Transportation Plan. CAG provides Transportation Technical Advisory Committee meeting dates and locations for Transportation Improvement Program (TIP) projects. We conduct over 10 meetings throughout the year and these meetings are posted on the CAG website and are open to the public to provide opportunities for public comment/input (See Attachment C). CAG conducted over six Mobility Management Coordination meetings with our Region’s program providers for Elderly & Disabled Transportation (see attachment D). This allows CAG to disseminate information to private non‐profit organizations a n d h e l p m e e t the needs of the elderly and persons with disabilities. All meeting minutes will be placed on CAG website for review, comment, and dissemination.

Staffing CAG has decreased its transportation staff from two full-time employees to one. This is primarily due to changes in the Maricopa Association of Governments transportation planning area and the newly created Sun Corrido r Metropolitan Planning Organization .

Lawsuits Alleging Discrimination

No lawsuits or public complaints have been filed regarding CAG.

Pending Applications for CAG include:

Current financial assistance for CAG is received through annual transportation planning allocations from FTA and FHWA.

Complaint Process

Any person, who believes that he/she, either individually, or as a member of any specific class of persons, or in connection with any minority contractor, or has been subjected to discrimination prohibited by Title VI of Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987, may file a complaint. The complaint must be (a) unequal treatment because of race, color, national origin, gender, age and/or disability, or (b) noncompliance with Title VI rules or guidelines adopted thereunder.

The Arizona Department of Transportation (ADOT) has the principal responsibility for processing, investigating, and resolving any complaint arising as a result of operations from its sub‐recipients. CAG will be responsible for processing, investigating and resolving complaints of discrimination by its member agencies. The CAG contact information is as follows:

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Travis Ashbaugh Transportation Planning Manager

1075 S. Idaho Road Apache Junction, AZ 85119

(480) 474-9300 The complaint process will follow the ADOT procedures. Complaints must be filed in writing to:

ADOT Civil Rights Office

206 S. 17th

Ave. MD 155A Phoenix, AZ 85007

The telephone number is 602‐712‐7761. Complaints received by CAG will be forwarded to the ADOT Civil Rights Office.

Aviso al Público Sobre los Derechos Bajo el Título VI

CENTRAL ARIZONA GOVERNMENTS

Central Arizona Governments asegura complir con el Título VI de la Ley de los Derechos Civiles de 1964, Sección 504 de la Ley de

Rehabilitación de 1973 y La Ley de ciudadanos Americanos con Discapacidades de 1990 (ADA). El nivel y la calidad de servicios de

transporte serán provehidos sin consideración a su raza, color, o pais de origen.

Para obtener más información sobre la CAG’s programa de derechos civiles, y los procedimientos para presentar una queja, contacte

Travis Ashbaugh 480 474 9300, (TTY 1 800 782 1445); o visite nuestra oficina administrativa en 1075 S. Idaho Road, Apache Junction

AZ, 85119. Para obtener más información, visite www.cagaz.org.

El puede presentar una queja directamente con Arizona Department of Transportation (ADOT) o Federal Transit Administration (FTA)

mediante la presentación de una queja directamente con las oficinas correspondientes de Civil Rights: ADOT: ATTN Title VI Program

Manager 206 S. 17th Ave MD 155A Phoenix AZ, 85007 FTA: ATTN Title VI Program Coordinator, East Building, 5th Floor –TCR 1200

New Jersey Ave., SE Washington DC 20590

A formal complaint must be filed within 180 calendar days of the alleged act of discrimination or the date when the alleged discrimination became known to the complainant(s), or where there has been a continuing course of conduct, the date on which the conduct was discontinued or the latest instance of the conduct. This timeframe is prescribed by 49 CFR 21.11(b).

The complaint must meet the following requirements: a. Complaint shall be in writing and signed by the complainant(s) and must include complainant(s) name, address and phone

number. The Title VI Program Manager or a liaison will assist the complainant with documenting the issues if necessary.

b. Present date of the alleged act of discrimination; date when the complainant(s) became aware of the alleged discrimination; or

the date on which that conduct was discontinued or the latest instance of the conduct.

c. Present a detailed description of the issues including names and job titles of those individuals perceived as parties in the complained‐of‐incident.

d. Allegations received by fax or e‐mail will be acknowledged and processed, once the identity(ies) of the complainant(s) and the

intent to proceed with the complaint have been established. For this, the complainant is required to mail a signed, original

copy of the fax or e‐mail transmittal for the Civil Rights Office to be able to process it.

e. Allegations received by telephone will be reduced to writing and provided to the complainant for confirmation or revision before processing. A complaint form will be forwarded to the complainant for him/her to complete, sign and return to the CRO for processing.

f. Within 45 calendar days of the acceptance of the complaint, the ADOT investigator will prepare a draft investigative report for the review of the ADOT CRO Deputy Administrator. The report shall include a narrative description of the incident, identification of persons interviewed, findings, and recommendations for disposition.

g. ADOT’s final investigative report with the preliminary findings and a copy of the complaint will be forwarded by certified mail to either FHWA (Arizona Division office Civil Rights Specialist). FTA or FAA or NHTSA, within 60 calendar days of the acceptance of the complaint, per 23 CFR 200.9(b)(3).

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A complainant dissatisfied with USDOT’s Final Agency Decision may file action with the appropriate US District Court. Executive

Order 12898 Groups impacted: low‐income and minority populations, which may include sub‐groups of elderly and disabled.

CAG will consider environmental justice through planning activity according to Federal legislation noted below in Appendix A. Furthermore, in order to involve and assist the underrepresented and underserved, the CAG will adhere to the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA‐LU), within the transportation planning process. A Public Participation Plan is scheduled to be finalized as part of Phase II b of Regional Transportation Plan, pending approval from the Regional Council. The CAG will make every effort to hold public meetings in facilities that are Americans with Disabilities Act (ADA) compliant; and, arrange for reasonable accessibility and accommodation to persons with disabilities. Further, to provide equally effective communication, CAG will make due preparation, when appropriate, for persons requiring assistance, such as the hearing or visually impaired, upon request. Limited English Proficiency CAG will assist persons with limited English proficiency to participate in the transportation planning process and coordination of mobility management services (FTA 5310). Staff will make every effort to provide Spanish translators and document translation, where feasible, upon request. CAG has two staff members available during CAG business hours that can be reached by electronic mail or phone. These two individuals are Ms. Andrea Robles (ARobles@cagaz.org) or Mr. Reuben Castro (rcastro@cagaz.org) at (480) 474-9300. Elderly persons or non‐vehicle households who are unable to attend meetings may request information from the CAG office and have the requested materials delivered to their residence. CAG staff is willing to go speak to groups in an effort to eliminate participation barriers and involve citizens in the transportation process. Conocimientos limitados de inglés CAG, ayudar a las personas con conocimientos limitados del inglés para participar en el proceso de planificación del transporte y de la coordinación de servicios de gestión de movilidad (TLC 5310). El personal hará todo lo posible para proporcionar traductores al español y traducción de documentos, en los casos en que fuese posible, a petición de los interesados. CAG tiene dos miembros del personal disponible durante horas de trabajo efectivo que se puede alcanzar por medio del correo electrónico o por teléfono. Estos dos individuos son la Sra. Andrea Robles (ARobles@cagaz.org ) o con el Sr. Rubén Castro (rcastro@cagaz.org ) en (480) 474-9300. Las personas de edad avanzada o no vehículo los hogares que no pueden asistir a las reuniones podrán solicitar información a la oficina de la CAG y han solicitado el material entregado a sus lugares de residencia. CAG personal está dispuesto a ir hablar con grupos en un esfuerzo por eliminar barreras para la participación y participación de los ciudadanos en el proceso de transporte.

Environmental Justice Activity

Title VI of the Civil Rights Act of 1964 requires outreach to underserved groups. “No person in the United States shall, on the ground

of race, color, or national origin be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” A further 1994 Presidential directive dictates, "Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low‐income populations."

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F i g u r e 2

Geographica l

Area

Total

Pop

White Black or

African

American

American

Indian &

Alaska

Native

As ian Native

Hawai ian

& Other

Paci fic

Is lander

Some

Other

Race

Two or

More

Races

Hispanic

or Latino

Gi la County Total 53,597 41,162 233 7,946 273 47 2,865 1,071 9,588

Globe City 7,532 5,993 69 430 85 9 722 224 2,775

Hayden Town 662 423 0 1 2 0 225 11 559

Miami Town 1,837 1,353 5 42 3 0 379 55 1,029

Payson Town 15,301 14,021 65 355 101 18 475 266 1,481

Star Val ley Town 2,310 2,112 5 35 12 2 87 857 229

Winkelman Town 353 214 2 13 2 0 111 11 291

Statistical Data of Communities

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Central Arizona Governments

Title VI Assurances

The Central Arizona Governments (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Federal Highway Administration and Arizona Department of Transportation, is subject to and will comply with the following: Statutory/Regulatory Authorities

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);

• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation--Effectuation Of Title VI Of The Civil Rights Act Of 1964);

• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);

• 23 C.F.R. Part 200 Subchapter C-Civil Rights (Title VI program implementation and related statues)

The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda and/or guidance, the Recipient hereby gives assurances that it will promptly take any measures necessary to ensure that:

"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity," for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federal Aid Highway Program. 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

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"The Central Arizona Governments, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to a construct a facility or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:

a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and

b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:

a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or

b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, Central Arizona Governments also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions

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governing Federal Highway Administration or Arizona Department of Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the Federal Highway Administration or Arizona Department of Transportation. You must keep records, reports, and submit the material for review upon request to Federal Highway Administration, Arizona Department of Transportation, or its designee in timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Central Arizona Governments gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration and Arizona Department of Transportation. This ASSURANCE is binding on Arizona, other recipients, sub-recipients, sub- grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal Aid Highway Program the person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Central Arizona Governments (Name of Recipient)

by _________________________ DATED__September 30, 2015_____ Kenneth Hall, Executive Director

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APPENDIX A

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration or the Arizona Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performance by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49

CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient, the Federal Highway Administration or Arizona Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient, the Federal Highway Administration, or Arizona Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration or Arizona Department of Transportation, may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with request to any subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

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APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY

The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that Central Arizona Governments will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code the Regulations for the Administration of Federal Aid for Highways, and the policies and procedures prescribed by the Arizona Department of Transportation ,Federal Highway Administration and the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252;42 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Central Arizona Governments all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

(HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Central Arizona Governments and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Central Arizona Governments, its successors and assigns. The Central Arizona Governments ,in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the Central Arizona Governments will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.

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APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Central Arizona Governments pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Central Arizona Governments will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, Central Arizona Governments will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Central Arizona Governments and its assigns*. *Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.

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APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM

The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Central Arizona Governments pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded fr om participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, Central Arizona Governments will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, Central Arizona Governments will there upon revert to and vest in and become the absolute property of Central Arizona Governments and its assigns.* Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.

17

APPENDIX E

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin): and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1687 et seq).

18

ATTACHMENT A

Title VI Agreement / Contract Requirements

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under e subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: The contractor shall provide all information and reports required by this Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Arizona Department of Transportation or the Federal Highway Administration and Federal Transit Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Arizona Department of Transportation, or the Federal Highway Administration and Federal Transit Administration as appropriate, and shall set forth what efforts it has made to obtain the information

(5) Sanctions for Noncompliance: In the event of the contractor’s noncompliance with nondiscrimination provisions of this contract, the Arizona Department of Transportation shall impose contract sanctions as it or the Federal Highway Administration and Federal Transit Administration may determine to be appropriate, including, but not limited to:

(a) Withholding of payments to the contractor under the contract until the contractor complies; and/or (b) Cancellation, termination, or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

The contractor shall take such action with respect to any subcontract or procurement as the Arizona Department of Transportation or the Federal Highway Administration and Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Arizona Department of Transportation to enter into such litigation to protect the interests of the Arizona Department of Transportation, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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ATTACHMENT B

Title VI Complaint Form

Note: The following information is needed to assist in processing your complaint. Complainant’s Information:

Name:

Address:

City: State: Zip:

Home Phone Number: Work Phone Number:

Person Discriminated Against (someone other than complainant) Name:

Address:

City: State: Zip:

Home Phone Number: Work Phone Number:

Which of the following best describes the reason you believe the discrimination took place?

Race/Color National Origin (Specify) Sex (Specify) Age (Specify) Disability (Specify)

On what date(s) did the alleged discrimination take place? Describe the alleged discrimination. Explain what happened and who you believe was responsible (if additional space is

needed, add a sheet of paper).

List names and contact information of persons who may have knowledge of the alleged discrimination.

Have you filed this complaint with any other federal, state, or local agency, or with any federal or state court?

Check all that apply.

Federal Agency Federal Court State Agency State Court Local Agency

Please provide information about a contact person at the agency/court where the complaint was filed. Name:

Address:

City: State: Zip:

Home Phone Number: Work Phone Number:

Please sign below. You may attach any written materials or other information you think is relevant to your complaint.

Complainant Signature Date

Number of attachments:

Submit form and any additional information to: ADOT Civil Rights Office Title VI Program Manager 206 S. 17

th Ave., MD 155A

Phoenix, AZ 85009 Ph: 602-712-7761 Fax: 602-712-8429

Federal Transit Administration Title VI Program Coordinator East Building, 5

th Floor – TCR 1200

New Jersey Ave.,

SE Washington, DC 20590

20

ANEXO B

Título VI Formulario de Reclamación

Nota: La siguiente información es necesaria para te retractas vas hay que destacar también la de su queja. Nombre:

Dirección:

Ciudad: Estado:

Código postal: Número de teléfono de la casa: Número de teléfono del trabajo:

Personas discriminadas negativamente (una persona distinta del demandante) Nombre:

Dirección:

Ciudad: Estado:

Código postal: Número de teléfono de la casa: Número de teléfono del trabajo:

¿Cuál de las siguientes opciones describe mejor la razón por la que creo que la discriminación tuvo lugar?

Raza/Color Origen Nacional (especificar) Sexo (especificar) Edad (especificar) Discapacidad (especificar)

En qué fecha(s) ladiscriminación eged? Describir la supuesta discriminación. Explicar qué es lo que ha ocurrido y que se cree fue el responsable (si se necesita

espacio adicional, agregue una hoja de papel).

Lista los nombres y la información de contacto de las personas que puedan tener conocimiento de la presunta discriminación.

¿Ha presentado esta queja con cualquier otro local, estatal o federal, o con cualquier tribunal federal o estatal? Marque todo lo que aplique.

Agencia Federal Tribunal Federal Agencia Estatal Tribunal de Justicia del Estado Agencia Local

Sírvanse proporcionar información acerca de una persona de contacto de la agencia/ corte donde se presentó

la denuncia. Nombre:

Dirección:

Ciudad: Estado: Código postal: Número de teléfono de la

casa: Número de teléfono del trabajo:

Por favor, inicie sesión a continuación. Usted puede adjuntar cualquier material escrito o de otro tipo de información que creo que es pertinente a su queja.

Demandante Firm Fecha

Número de archivos adjuntos:

Presentar el formulario y cualquier información adicional: ADOT Civil Rights Office Federal Transit Administration Título VI Administrador de Programas Título VI Coordinador de Programa 206 S. 17th Ave. , MD 155A Edificio Este, 5ª planta - TCR 1200

Phoenix, AZ 85009 New Jersey Ave. , SE Washington, DC 20590

21

Attachment C

S. No.

Entity Type

Memb

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June

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2014

Nov-14

Jan-15

Feb-15

March

26, 20

15Apr

il 2, 20

15Ma

y 14, 20

15Jun

e 11, 2

015July

9, 2015

August

13, 20

15Sep

tember

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2015

Novem

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, 2015

Design

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22

Attachment D

5310 Coordinating Members Name Organization Title Address City/State/Zip Phone Fax E-mail

Travis Ashbaugh CAG Transportation Planning Manager

1075 S. Idaho Rd, #300 Apache Junction, AZ 85119 480-474-9300 480-474-9306 tashbaugh@cagaz.org

Eddie Caine CAG Mobility Manager 1075 S. Idaho Rd, #300 Apache Junction, AZ 85119 480-474-9300 480-474-9306 ecaine@cagaz.org

Mary Clements Pinal County Transportation Manager 971 Jason Lopez Circle Florence, AZ 85123 520-866-7312 520-866-8125 Mary.clements@pinalcountyaz.gov

Kimberly Abeyta CACDD Transportation Manager 3687 S. Royal Palm Apache Junction, AZ 85119 480-952-5015 480-982-0679 kaabeyta@gmail.com

Sandra Wills Horizon Human Services

Program Coordinator 415 W. Baseline Globe, AZ 85301 928-402-9297 swills@horizonhumanservices.org

Jill Dusenberry Coolidge Transit Manager 395 W. Palo Verde Coolidge, AZ 85128 520-251-1041 jilld@coolidgeaz.com

Melanie Green Transit Plus Consultant PO Box 375 Bisbee, AZ 85603 520-255-3274 mmelanie@mgreenerpd.com

Rich Parker MHWAZ Operations Manager 150 N. Ocotillo Rd Apache Junction, AZ 85120 480-474-5642 richardp@mhwaz.org

Dimitri Gudiro PPEP CCG 5521 S. McKinney Globe, AZ 85301 928-402-0498 hhayes@pepp.org

Molly Zinken-Cloyd CACDD Transportation Manager 3687 S. Royal Palm Apache Junction, AZ 85119 480-952-5015 mollyz@CACDD.org

Victor Gomez PGCSC Director of Development 8969 W. McCartney Rd Casa Grande, AZ 85194 520-836-2758 victorg@pgcsc.org

David Maestas Maricopa Transit / Transportation Planner

39700 W. Civic Center Plaza Maricopa, AZ 85138 520-316-6948 David.maestas@maricopa-az.gov

Jackie Johnson PPEP Manager 901 E. 46th St Tucson, AZ 85713 520-594-6499 jjohnson@ppep.org

Marsha Ashcroft Horizon Human Services

Risk Management Director

210 E. Cottonwood Ln. Casa Grande, AZ 85122 852-836-1688 520-421-2708 mashcroft@horizonhumanservices.org

Tanya Cruz Pinal Hispanic Council Project Coordinator 107 E. 4th St Eloy, AZ 85131 520-466-0921 520-466-0923 tcruz@pinalhispaniccouncil.org

Jacqueline Ibarra Pinal Hispanic Council Project Assistant 107 E. 4th St Eloy, AZ 85131 520-466-0921 520-466-0923 jibarra@pinalhispaniccouncil.org

Joanne Conlin Payson Seniors Director 514 W. Main St. Payson, AZ 85541 928-474-4876 928-474-6054 pseniors@npgcable.com

Olga Delsi Cenpatico Community Connections Spec I

211 N. Florence St, #2 Casa Grande, AZ 85122 520-868-1347 odelsi@cenpatico.com

Bernadette Kniffin San Carlos Nnee Bich’o Nii Services

Director PO Box 871 Peridot, AZ 85542 928-475-5011 928-475-5017 bkniffin@tanf.scat-nsn.gov

Ashley Rodriquez Town of Miami Transit Coordinator 500 S. Sullivan St Miami, AZ 85539 928-473-4403 928-473-3003 miamitransit@cableone.net

Terry Crawford Apache Junction Active Adult Center

Center Director 1035 N. Idaho Rd Apache Junction, AZ 85119 480-474-5260 480-474-5265 tcrawford@evadultresources.org

Ed Felix PPEP – Globe Program Coordinator 55215 S. McKinney Globe, AZ 85501 928-402-0448 efelix@ppep.org

Sharon Mitchell SCMPO Executive Director 211 N. Florence St Casa Grande, AZ 85122 520-705-5143 smitchell@scmpo.org

23