A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me, Notary Public, personally appeared
, MAYOR OF THE CITY OF BEAUMONT, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within the instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
BY:
NOTARY
(SEAL)
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE: September 2, 2025
SUBJECT: Declaration of Surplus Property
Description: Approve the disposal and/or auction of surplus property.
Background and Analysis:
The Beaumont Municipal Code Chapter 3.03.010 specifically states, in part, that the duties of staff include the disposition of personal property in any lawful manner provided that the disposition is for the common benefit of the City's residents and that a formal declaration shall not be required.
Attached is a list of equipment/vehicles that have exhausted their lifespan and usefulness.
Disposal of surplus property will be made in the most economical and practical manner available, including, if required, the use of appropriate hazard waste handlers.
Fiscal Impact:
Funds received from the auction of vehicles will be deposited into their respective funds.
The estimated cost to prepare this report is $200.00
Recommended Action:
Approve disposal and/or auction of identified surplus property.
Attachments:
A. Surplus Inventory list from Community Service & PD Department B. Surplus Inventory list from I.T. Department
Dept.
Serial #
VIN
Make
Description
Asset Tag
Year
License Plate
Fuel type
Transit
Old Lift from Transit Maintenance
Grounds
Echo
Weedeater 2Cycle
103027
Grounds
Echo
Weedeater 2Cycle
103024
Grounds
Echo
Weedeater 2Cycle
105001
Grounds
E30312041393
Echo
Weedeater 2Cycle
Grounds
Echo
Weedeater 2Cycle
103190
Grounds
Echo
Weedeater 2Cycle
103028
Grounds
Echo
Weedeater 2Cycle
103021
Grounds
Echo
Weedeater 2Cycle
103018
Grounds
Echo
Weedeater 2Cycle
103020
Grounds
Echo
Weedeater 2Cycle
103173
Grounds
Echo
Blower
103043
Grounds
Echo
Blower
103044
Grounds
Echo
Blower
103045
Grounds
Echo
Hedger
103172
Grounds
Echo
Hedger
103132
Grounds
Echo
Hedger
103054
Grounds
Echo
Hedger
103131
Grounds
Echo
Hedger
103052
Grounds
Echo
Hedger
103168
Grounds
Echo
Hedger
103053
Grounds
Echo
Hedger
103195
Grounds
Echo
Pole Chain Saw
103047
Grounds
Echo
Chain Saw
103068
Grounds
3016877
Echo
Chain Saw
PD
Z-1
1GNLCDECOKR364486
CHEVY
TAHOE
2019
1576667
GAS
PD
1701
1FM5K8AT8HGA17490
FORD
EXPLORER
2017
7XAH890
GAS
PD
Z-42
1GNLCDEC6KR3632113
CHEVY
TAHOE
2019
1576601
GAS
PD
19-02
1GNLCDKC6KR367400
CHEVY
TAHOE
2019
8HOX948
GAS
PD
28-34
1FBSS31L57DB35561
FORD
VAN
2007
13333869
GAS
Asset Type
Manufacturer
Model
Asset Tag
Name
Serial Number
Reason for Disposal
Laptop
1 Evidence
Tablets
5 Evidence
Keyboards
21 End of Life
Cell Phone
54 Evidence
Monitor
Acer
V276HL
193
53301966842
End of Life
Monitor
Acer
V236HL
27 55050053142
End of Life
Monitor
Acer
V236HL
26 55050052742
End of Life
Monitor
Acer
v243h
64 ETLHG0803313106FB14231
End of Life
Monitor
acer
v276h1
193
MMLYEAA00153304CD44206
End of Life
Monitor
acer
v236h1
27 MMLYWAA0035507A3334200
End of Life
Monitor
Acer
V246HL
46 8.87E+11
End of Life
Monitor
ACER
V246HL
41 MMLXXAA002718062BD8533
End of Life
Monitor
ACER
V246HL
40 MMLXXAA002718062C28533
End of Life
Monitor
ACER
V246HL
5 MMLXTAA002728043238501
End of Life
Monitor
ACER
V246HL
4 MMLXTAA0027280432B8501
End of Life
Monitor
ACER
V246HL
45 MMLXXAA001706040D98523
End of Life
Monitor
ACER
V246HL
35 MMLXXAA0017230D8148523
End of Life
Monitor
ACER
V246HL
36 MMLXXAA0017230D8138523
End of Life
ups
APC
3000x1
100190
AS1434137465
End of Life
UPS
APC
SUA2200RM2U
JS0834005703
End of Life
UPS
APC
SUA2200RM2U
YS0430121579
End of Life
UPS
APC
SUA2200RM2U
A51202242322
End of Life
Cell Phone
Apple
iPhone SE Genl
FDDV93FYHTVK
End of Life
Cell Phone
Apple
iPhone SE Genl
FDDV93NJHTVK
End of Life
Cell Phone
Apple
iPhone SE Gen3
1130
J2W5FHOKGX
Broken
Cell Phone
Apple
iPhone 65
FFMWHCT7HFLR
End of Life
Cell Phone
Apple
iPhone 5c
Broken
Cell Phone
Apple
iPhone XS
G0NZLASGKPFP
End of Life
Cell Phone
Apple
iPhone SE 2nd Gen
706
FFMGF41DPUM
End of Life
Cell Phone
Apple
iPhone 7
F71Y73APHG6W
End of Life
Cell Phone
Apple
iPhone 7
F72YTEX1HG6W
End of Life
Cell Phone
Apple
iPhone 7
DX3YL5SKHG6W
End of Life
Cell Phone
Apple
iPhone 7
F71WGRLLHG6W
End of Life
Cell Phone
Apple
iPhone 7
F71YW14MHG6W
End of Life
Cell Phone
Apple
iPhone 7
DX3WKAAEHG6W
End of Life
Cell Phone
Apple
iPhone 7+
C39TWFYFHG00
End of Life
Cell Phone
Apple
iPhone 7
1150
DX3WKMMEHG6W
End of Life
Cell Phone
Apple
iPhone XR
734
DX3F36G1KXKW
Jack Huntsman Phone
Cell Phone
Apple
iPhone XR
663
DX3FCXWAKXKN
End of Life
Cell Phone
Apple
iPhone XR
DXSN7SMKXKN
End of Life
Cell Phone
Apple
iPhone XR
DX3DR2EQKXKN
End of Life
Cell Phone
Apple
iPhone 12
H4YJFBD40DXP
End of Life
Cell Phone
Apple
'Phone 13
685
MGF040T2YL
Broken
Tablet
Apple
iPad
716
GG7YJDK9JF88
End of Life
Tablet
Apple
iPad
1320
DMPXN7KXJF88
End of Life
Tablet
Apple
iPad
1162
DMPWFNV3JF88
End of Life
Tablet
Apple
iPad
DMQWKB5KJF88
End of Life
Tablet
Apple
iPad Air 3rd Gen
1415
F9FZV12MLMWR
End of Life
Cell Phone
Apple
iPhone 7
DNPVJEP5HG71
End of Life
Cell Phone
Apple
iPhone XS
G0NZLASGKPFP
End of Life
Tablets
Apple
'PAD Pro 2019
DMPTG56VGXPX
Sio Has it
Cell Phone
Apple
IPHONE 7
DX4YKHLFHG6W
End of Life
Cell Phone
Apple
IPHONE SE 2ND GEN
706
FFMGF41DPUM
End of Life
Monitor
ASUS
VE248
331
G7LMQS087001
End of Life
Video Multiplexer
AN
Talon 9
164
M7060006
End of Life
FAX
Brother
mfc665cw
U61581K6F139879
End of Life
kvm
Cherry
ML -5500
100227
194
End of Life
Other
CMITIME MANAGEMENT
TOUCHTIME VII
C064210009
End of Life
Other
CMITIME MANAGEMENT
TOUCHTIME VII
C0356200030
End of Life
Laptop
Dell
Vostro 3500
1NSL7L1
End of Life
Desktop
Dell
OptiPlex 720
DO1PD22
End of Life
Desktop
Dell
OptiPlex 720
221PD22
End of Life
Laptop
Dell
Vostro 7050
361
76H7ZP1
End of Life
Laptop
Dell
PP04X
100730
C95KCB1
End of Life
Laptop
Dell
Inspirion 3542
316
BPD-DET-LT01
FJ81612
End of Life
Monitor
dell
p2419h
DO1HX63
End of Life
Monitor
dell
e173fpf
353
CN0D54287287252371WL
End of Life
Monitor
DELL
E196PHI
10142
CNOGC8117287266D6U3L
End of Life
Laptop
DELL
LATTITUDE 9520
732
4NJH7G3
End of Life
Server
Dell
PowerEdge R440
3X0D3Y2
End of Life
Server
DELL
PowerEdge R340
2HQP9T2
End of Life
Laptop
Dell
Inspiron 15
316
BPD-DET-LT01
FJ81612
End of Life
Monitor Stands
Dell
7 End of Life
HotSpot
Elipsis
MHS815L
3.51884E+14
End of Life
HotSpot
Elipsis
MHS900L
3.54147E+14
End of Life
Monitor
EMERSON
EWL20S5C
530
J28658369
End of Life
Printer
Epson
EMP-1715
408
JHZF881275L
End of Life
Tablet
Getac
ZX70
RKC03Z0680
End of Life
Tablet
Getac
ZX70
RK203Z0027
End of Life
Tablet
Getac
ZX70
RJC03Z0666
End of Life
Tablet
Getac
ZX70
RKI03Z0073
End of Life
Tablet
Getac
ZX70
RK20320028
End of Life
Tablet
Getac
ZX70
RK20320005
End of Life
Tablet
Getac
F110
RJ403F2125
End of Life
Tablet
Getac
F110
RJ403F2122
End of Life
Laptop
HP
Probook 450 G3
545
SCD6290ZVQ
Broken
Monitor
hp
z22i
497
CNC43402GY
End of Life
Monitor
HP
N246V
31 1CR8280MY9
End of Life
Monitor
HP
VH240A
442
6CM9032CYZ
End of Life
Monitor
HP
HSD-0044-K
3CM2300L79
End of Life
Monitor
HP
N246V
1 1CR8170Q4B
End of Life
Monitor
HP
N246V
2 1CR8170NCW
End of Life
Printer
HP
M452dn
348
VNB3K15751
End of Life
Printer
HP
CP3525dn
CNCC92J01Y
End of Life
Printer
HP
M175NW
141
1HB9EIICKA
End of Life
Monitor
HP
24MH 1DOJ9AA
3CM2350DLM
Bad Backlight
Monitor
HP
Z22i IPS
520
CNC43402HV
End of Life
Monitor
HP
VH240a
626
6CM94412J9
End of Life
card reader
ingenico
IPP320-31P3495A
2218291PT014356
End of Life
card reader
ingenico
IPP320-31P3495A
2218291PT014315
End of Life
card reader
ingenico
IPP320-31P3495A
2218291PT014298
End of Life
card reader
ingenico
IPP320-31P3495A
2218312PT012431
End of Life
card reader
ingenico
IPP320-31P3495A
2218291PT014346
End of Life
card reader
ingenico
IPP320-31P3495A
2218291PT014325
End of Life
TV
Insignia
NS -48D15
533
48G143281H04952
End of Life
TV
Insignia
NS -32D31
100270
141032TU25868
End of Life
TV
Insignia
NS -32D31
100240
141032TU12851
End of Life
TV
Insignia
NS-50DF7
NNQJBYA003684
End of Life
TV
Insignia
NS -48D51
508
48G143281H01943
End of Life
TV
Insignia
NS -32F20
3223CO294601384
End of Life
DVD Player
JVC
HR-XVC15
7252481
End of Life
Cell Phone
Kyocera
E4520
9.90004E+13
End of Life
Cell Phone
Kyocera
E4610
9.90006E+14
End of Life
Cell Phone
Kyocera
E4610
9.90006E+14
End of Life
Desktop
Lenovo
M720
596
MJOA6VC7
End of Life
Desktop
Lenovo
M900
MJ0408Y7
End of Life
Desktop
Lenovo
M720
384
WWWTP OPERATOR
MJ07XBHC
End of Life
Desktop
Lenovo
M720
385
BPD-RWR-01
MJ07XBHZ
End of Life
Desktop
Lenovo
M720
683
CRC-LAB-WK03
MJ07XBHK
End of Life
Desktop
Lenovo
M800
139
CH-FC-WK99
PCOFTGZE
End of Life
Desktop
Lenovo
M720
381
MJ083631
End of Life
Desktop
Lenovo
M720
K90ffice
MJ083632
End of Life
Desktop
Lenovo
M800
142
PDANNEX01
PCOFTGZF
End of Life
Desktop
Lenovo
M900
CH-FIN-WK02
MJ045PA3
End of Life
Desktop
Lenovo
M710
195
CH-PLAN-Wk03
MJ05MQ7D
End of Life
Desktop
Lenovo
lOST001XUS
BPD-RWR-03
MJ07XBHV
End of Life
Desktop
Lenovo
M73
BT-YARD-WK01
MGOOD9WD
End of Life
Desktop
Lenovo
10GT002SUS
BPD-EVD-WK01
MJ04W47E
End of Life
Desktop
Lenovo
M710
WWTP-SHACK-02
MJ077J09
End of Life
Desktop
Lenovo
10M70030US
CRC-FC02
MJ05MQ1K
End of Life
Desktop
Lenovo
10FH0022US
PD-EXP01
MJ045PA5
End of Life
Desktop
Lenovo
10FH0022US
PD-EXP02
MJ045PAA
End of Life
Laptop
Lenovo
t560
10 R9-0k6q04
End of Life
Laptop
Lenovo
X1 Extreme
R9-OWJSNJ
Broken
Laptop
Lenovo
P50
322
R9-OMEHRV
End of Life
Monitor
LG
27MP65
394
End of Life
Monitor
LG
27MP65
393
End of Life
Monitor
Ig
27mp65
393
604NTBK4N861
End of Life
Monitor
Ig
394
604NTMX4N851
End of Life
Other
LG
BESTDUPLICATOR
337
End of Life
AV
Louroe
AP -8
58000021
End of Life
Laptop
Microsoft
Surface Pro X
721
56151394253
Broken
HotSpot
MiFi
5510L
9.90003E+14
End of Life
HotSpot
MiFi
6620L
9.90003E+14
End of Life
HotSpot
MiFi
6620L
9.90003E+14
End of Life
HotSpot
MiFi
6620L
9.90003E+14
End of Life
HotSpot
MiFi
Inseego 8800L
750
9.90016E+14
End of Life
HotSpot
MiFi
Inseego 8800L
658
9.90017E+14
End of Life
Hotspot
MiFi
5510L
742
6.49496E+11
End of Life
HotSpot
MiFi
Inseego 8800L
723
9.90017E+14
Broken
Bus Bridge
Mikrotik
groove 52hpn
D0220E1D44C2
End of Life
Bus Bridge
Mikrotik
groove 52hpn
D0220E01D5F4
End of Life
Desk phone
Motorola
MC3000
124CKM0183
End of Life
Desk phone
Motorola
MC3000
124CKM0169
End of Life
Desk phone
Motorola
MC3000
124CKM0174
End of Life
Charger
Motorola
HTN9000B
End of Life
Charger
Motorola
HTN9000B
End of Life
Charger
Motorola
HTN9000B
End of Life
Charger
Motorola
HTN9000B
End of Life
Phone
Motorola
MC3000
124CKM0128
End of Life
Monitor
optiquest
ql9wb
421
QGU083720254
End of Life
Monitor
optiquest
VS11578
514
QGU083720301
End of Life
Projector
Panasonic
PTFW100NTU
SD8110091
End of Life
HotSpot
Pantech
MHS291LVW
1.412E+11
End of Life
Paychex
PX3500
L357210103
End of Life
Monitor
PHILLIPS
170B2T/14Z
282
HD000320005762
End of Life
Monitor
PHILLIPS
170B2T/14Z
280
HD000320005775
End of Life
TV
RCA
L32wd12
407
CB046G325CJ04G
End of Life
Cash Register
SAM4S
ES-260BEJ
1801030061
End of Life
AV
Samson
s63 Mixer Aplifier
End of Life
Tablet
Samsung
Galaxy 57
End of Life
Tablet
Samsung
Galaxy Tab A7
R9PR8028WSY
Broken
Tablet
Samsung
Galaxy Tab A7
R9PT51BMYNH
Broken
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90003E+14
End of Life
Tablet
Samsung
Galaxy Tab 2
9.90002E+14
End of Life
Monitor
samsung
171v
GH17H9NW203998
End of Life
Monitor
SAMSUNG
U N32
13 UNZ4MT3CFF406349J
End of Life
DVD Player
SAMSUNG
DVD-D530K
ZTEZ1R2H3003751
End of Life
Tablet
Samsung
SM-t227u
R9PT51BMYKL
End of Life
TV
SCEPTER
E32
468
D06532DBCA2834
End of Life
IP PHONE
SHORETEL
230
141
00104903F3D7
End of Life
IP PHONE
SHORETEL
ShoreTel320
321
0010490949D6
End of Life
IP PHONE
SHORETEL
ShoreTel320
94 0010490F8D29
End of Life
IP PHONE
SHORETEL
ShoreTel320
10195
00104903F41E
End of Life
IP PHONE
SHORETEL
ShoreTel320
0010494347B0
End of Life
IP PHONE
SHORETEL
ShoreTel320
42 0010490949D5
End of Life
IP PHONE
SHORETEL
ShoreTel320
155
00104908832B
End of Life
IP PHONE
SHORETEL
ShoreTel320
357
001049215AEC
End of Life
IP PHONE
SHORETEL
ShoreTel320
24 00104907CF84
End of Life
IP PHONE
SHORETEL
ShoreTel320
0010490F8653
End of Life
IP PHONE
SHORETEL
IP480G
105809FW16254A4402
End of Life
IP PHONE
SHORETEL
ShoreTel320
230
001049208C17
End of Life
IP PHONE
SHORETEL
ShoreTel320
119
1049209610
End of Life
IP Phone
Shortel
IP230
47 104910D3E7
Broken
IP Phone
Shortel
IP480G
105808FW153243B1C6
Broken
DVD Player
Sony
SLV-0370P
705965
End of Life
DVD Player
Sony
DVP-SR210P
D358760
End of Life
AV
TAIT
BASE STATION MODULE
13038575
End of Life
AV
Tascam
CD -A500
End of Life
Router
Verizon
LVP2
W2264900000C
End of Life
Monitor
VIEWSONIC
N2060W-1M
162
OA00624B0146
End of Life
TV
VIEWSONIC
N2751W
228
Q7G063200653
End of Life
TV
VIEWSONIC
N3235
436
QZV082010168
End of Life
TV
VIEWSONIC
N2635
435
QNE081210100
End of Life
TV
VIEWSONIC
N2635
100808
QNE081210816
End of Life
TV
VIEWSONIC
N2635
100767
QNE081210882
End of Life
TV
VIEWSONIC
N2635
433
QNE081210814
End of Life
TV
VIEWSONIC
N3235
QZV082010170
End of Life
Printer
xerox
phaser 6010
570
8Y3411531
End of Life
Monitor
26 8.88E+11
End of Life
Random Cables
End of Life
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Kirk Pelser, Economic Development Director
Laura James, Economic Development Manager
DATE: September 2, 2025
SUBJECT: Approval of a Lease Agreement with Inland Empire Small Business Development Center for Pass Area Biz Hub — 514 California Avenue Description: Consideration of lease agreement with Inland Empire Small Business Development Center (IESBDC) for office space within the Pass Area Biz Hub, a regional business innovation center located at 514 California Avenue.
Background and Analysis:
The Pass Area Biz Hub is intended to serve as a central resource for workforce development, entrepreneurship, and small business support throughout the Pass region.
The City acquired the property at 514 California Avenue in January of 2024 and has completed several site readiness milestones, including:
• Roof replacement;
• HVAC system replacement;
• Vacancy preparation, including the removal of remaining tenant property; • Identification and execution of required ADA upgrades; • Completion of interior and exterior painting;
• Ongoing janitorial and maintenance services; and
• Regular coordination meetings with regional partners, which began on a bi- weekly basis and increased to weekly as the anticipated launch date approaches As a central hub for small business, entrepreneurship, and workforce support, numerous partner organizations will occupy and provide services from the Biz Hub, including the California Family Life Center, and Mount San Jacinto College, Riverside County Office of Economic Development, Riverside County Workforce Development, and California Employment Development Department, whose agreements were
presented to the City Council for consideration and accepted on June 3, June 17, and August 19.
The lease agreement in Attachment A represents a formal commitment from IESBDC.
Through this partnership, IESBDC consultants will offer no -cost business advising services to Pass Area residents and businesses from the Biz Hub location.
The IESBDC will lease space for a nominal rental fee of one dollar ($1) per year. The City will cover basic operational expenses to support collaborative service delivery. The initial lease term allows the City to evaluate long-term tenancy models while establishing the center as a stable, multi -agency service hub. The lease agreements formalize the terms of occupancy, define mutual operational responsibilities, and outline expectations for collaborative service delivery and program integration.
The City has preserved flexibility in the facility layout to accommodate additional partners, short-term activations, such as pop-up services, drop -in office use, and potential rental of hoteling or co -working spaces in response to future demand.
Fiscal Impact:
There is no immediate fiscal impact associated with execution of the initial lease and affiliation agreements. The City will continue to cover base operational expenses at the Pass Area Biz Hub, totaling $64,924, as part of its investment in regional economic and workforce development. These costs have been incorporated into the adopted FY 2025- 2026 budget. Future updates may propose nominal cost -recovery fees for long-term office use or private activation of shared spaces. Any proposed changes to the financial model will be brought to the City Council for review.
The cost to prepare this staff report is estimated at $150.
Recommended Action:
Authorize the City Manager to execute the lease agreement with the Inland Empire Small Business Development Center for the use of office space within the Pass Area Biz Hub.
Attachments:
A. Lease Agreement — Inland Empire Small Business Development Center
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease") is made and entered into as of May 7th, 2025 (the "Effective Date"), by and between The City of Beaumont, a California general law city ("Landlord"), and Inland Empire Small Business Development Center, a program of CSUSB ("Tenant").
1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the following described premises (hereinafter "Premises") being an individual suite, office or offices located at 514 California Avenue, Beaumont CA 92223, and being more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof, inclusive of all easements, and other appurtenances and rights of way incident thereto benefiting the Premises.
Tenant shall share the Premises equally with Riverside County Office of Economic Development ("Cotenant") which will also execute a lease for the Premises. Tenant and Cotenent shall share the Premises and cooperate with each other in performing the obligations of the Tenant hereunder, Jointly and severally, as a matter with which the Landlord shall have no concern.
The Premises are part of the larger building ("Building") and are clearly outlined on the diagram attached as Exhibit "A". For all locations not specified in Exhibit "A" as being the area being non -exclusively leased to Tenant hereunder, it is understood that the larger building is leased out to multiple other tenants and certain portions of the Building are common to all occupants of the building as common area. The Premises shall include such portions of the land and Building, pavement, lighting fixtures and other improvements now or later installed or constructed upon the land, and all driveways, parking lots, walkways, landscaping and other such appurtenances and improvements customarily used in connection with the individual suite or Premises. The improvements existing within the Premises that are leasaed to the Tenant as it now exists or may exist in the future are referred to in this Lease as the "Improvements".
2. Term and Rent.
2.1 Term. Subject to the terms and conditions contained herein, this Lease shall be effective as of the Effective Date. The term of this Lease shall commence on the Effective Date and shall continue on a month -to -month basis. Landlord or Tenant may terminate this Lease by providing thirty days advanced written notice to the other.
2.2 Rent. Tenant agrees to make rental payments to Landlord (collectively, "Rent") in the amount of One Dollar ($1.00) per year, without proration, which obligation to pay Rent shall commence on the date that Tenant opens for business for the public (the "Rent Commencement Date"). After the Rent Commencement Date, Rent shall be payable on the anniversary of the Rent Commencement date each year thereafter during the Term of this Lease. In the event that any rental payment becomes due on a Saturday, Sunday or local, state or federal holiday (each being a "business day"), then the rental payment shall be due on the next succeeding business day.
3. Delivery of Premises. On the Effective Date, Landlord shall deliver the Premises to Tenant in, and Tenant shall accept the Premises from Landlord in, "AS IS" "WHERE IS" condition except as otherwise provided herein.
4. Use; Conduct of Business.
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4.1 Use. The Tenant shall have the affirmative duty and the right to use the Premises for the following purposes:
a. TENANT will offer a range of programs designed to meet the unique needs and goals of businesses.
b. TENANT will provide monthly reports to the City on work performed in the building, milestones achieved, and a schedule of events (trainings, workshops, jobs fairs, etc.). (the forgoing a -b, collectively are referred to as the "Agreed Use").
4.2 Conduct of Business. Tenant shall conduct business that at any time is being operated at the Premises in all material respects in accordance with all applicable laws and ordinances.
4.3 Priority of Use and Access by Landlord. Notwithstanding any other provision of this Lease, because the Landlord is the owner of the Premises and will maintain on -site staff presence, the City of Beaumont shall retain first priority access to and use of the Premises, including but not limited to offices, meeting rooms, and all common areas, as well as the surrounding grounds and exterior premises. Landlord shall have the exclusive right to designate and utilize office space for City staff at its discretion, and may access and use shared and common areas at any time without restriction. Tenant shall not unreasonably interfere with such access and shall coordinate activities to ensure continued availability and operational use of the Premises by Landlord personnel. In the event of any conflict regarding the use or scheduling of spaces within the Premises, the City of Beaumont's determination shall control. Landlord shall always have access to all offices and enclosed spaces within the Premises as a matter of safety, security, and property oversight. Landlord's access shall include, but not be limited to, administrative use, City - hosted events, maintenance, inspections, and emergency response. Tenant shall ensure that Landlord retains key or electronic access credentials for all such spaces and shall update Landlord promptly regarding any changes to access methods. Landlord reserves the right to reallocate or modify office assignments and workspace configurations as needed to support City operations, provided such changes do not unreasonably disrupt Tenant's Agreed Use.
5. Improvements; Alterations; Maintenance.
5.1 Improvements; Alterations. Tenant shall not make any substantial repairs, alterations, or additions to the Premises that, in the aggregate with other repairs, alterations or additions to the Premises, cost more than $100,000, including its HVAC, plumbing or electrical systems, or make any contract therefor, without (i) procuring Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed, (ii) delivering to Landlord the applicable plans and specifications and copies of necessary permits upon request from Landlord, and (iii) furnishing indemnification against liens, costs, damages and expenses and satisfactory proof that all contractors and subcontractors are properly licensed and maintain adequate insurance, as Landlord may reasonably require. Landlord shall consent or object in writing to such repairs, alterations, or additions to the Premises within ten (10) days of receipt of notice thereof 2
from Tenant. Tenant may remove Tenant's Property, as defined in SECTION 6, below, at its election at any time during the Term, provided that the actual cost of repairing any damage to the Premises arising from such removal and restoring the same to their original condition shall be paid for by Tenant. Tenant shall promptly pay all contractors and materialmen, so as to avoid the possibility of a lien attaching to the Premises, and should any lien be made or filed, Tenant shall provide a copy of the same to Landlord within 48 hours of receipt and bond against or discharge the same within thirty (30) days after written request by Landlord. Nothing in this Lease shall be construed as a consent on the part of the Landlord so as to subject the Landlord's estate in the Premises to any lien or liability under the laws of the state in which the Premises are located.
5.2 Maintenance. During the Term of this Lease, except as otherwise specifically set forth in this Paragraph, Landlord shall, at its own expense, keep and maintain the entirety of the Building in good order and repair, subject to ordinary wear and tear. Landlord's maintenance obligations hereunder include, without limitation, the roof, foundation, structural w a 11 s a n d elements, heating, air conditioning and ventilation systems, glass, plate glass, windows and doors, sprinklers, fire sprinklers, electrical, all plumbing systems, fixtures, walls, floors, ceilings, all mechanical systems, electrical facilities and equipment, exhaust equipment and systems, exterior, curbs, parking lot, trash enclosures, landscaping and all other improvements. Tenant shall maintain and repair the Premises in a good and clean condition at all times at its sole cost and expense. Landlord may enter the Premises at all reasonable times to make such repairs as Landlord shall reasonably deem necessary to the Premises or as Landlord may be reasonably required to do by any governmental authority.
5.3 Liens. Tenant shall promptly pay its contractors, subcontractor, laborers, engineers and design professionals and materialmen for all work done and materials delivered or performed by or on behalf of Tenant, and secure unconditional lien releases so as to prevent the assertion or imposition of mechanic liens, materialmen's liens, design professional liens and other liens upon or against the Premises, and Tenant shall, upon request provide Landlord with such lien waivers obtained by Tenant. In the event any lien is asserted or filed against the Premises, Tenant shall bond against and discharge the same within thirty (30) days after written request by Landlord. In the event Tenant fails to remove or bond over and remove said lien within said thirty (30) day period, the Landlord may (but is not required to), at its sole discretion, elect to satisfy and remove the lien by paying the full amount claimed or otherwise, and Tenant shall pay Landlord upon demand, as additional Rent, the amount paid out by Landlord on Tenant's behalf, including Landlord's reasonable attorney's fees, costs and expenses with interest upon written demand or Tenant shall be in default hereunder without any further opportunity to cure. Landlord's election to discharge lien(s) as provided hereunder shall not be construed to be a waiver or cure of Tenant's default under this section.
5.4 Permits. Landlord agrees to cooperate with Tenant in securing any and all building permits and other permits and authorizations necessary from time to time for the performance of any construction, alteration or other work permitted to be done by Tenant under this Lease and duly approved by Landlord, but such cooperation by Landlord shall not be construed as the consent of Landlord to the filing of any mechanic's, materialman's or other lien or any claim relating thereto, nor to the performance of any labor or the furnishing of any materials on the account of Landlord in any construction to be done by Tenant on the Premises. 3
6. Trade Fixtures & Equipment. All trade fixtures and equipment, signs (including indoor and outdoor signage), and specifically designed components of improvements to the Premises, including decorative materials and accessories necessarily related to these items placed in or upon the Premises by Tenant (or any prior owner or occupant of the Premises) (hereinafter collectively referred to as the "Tenant's Property") shall at all times during the Term remain the property of Tenant, and Tenant shall have the right to remove the same at any time during the Term or within a reasonable time thereafter unless a Tenant Default has occurred and is continuing hereunder at the time of removal. Tenant shall further be permitted to install, use on and about, and remove from the Premises at any time during the Term all other personal property which are not a component of the Building(s) located or to be located on the Premises, all of which at all times during the Term shall be deemed to be part of Tenant's Property with the right of removal by Tenant at or before the expiration or termination of this Lease. Tenant's Property shall also include without limitation: (1) removable decor items and office equipment, including but not limited to computers, POS equipment, telephones and fax machines; (2) building lettering, trade dress, signs, sign posts and sign standards; (3) trade fixtures, inventory, equipment, and all personal property used in connection with the business conducted at the Premises; and (4) parts and service equipment, including but not limited to such equipment as may be attached to the building whether by bolts, screws, utility connections or otherwise, such as lifts, compressors and water heaters.
7. Insurance; Indemnification.
7.1. Tenant's alterations, installations, trade fixtures and personal property shall be insured by Tenant not by Landlord. Such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender). Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Tenant shall be liable for such deductible amount in the event of an Insured Loss. Tenant shall also obtain and keep in force a policy or policies in the name of Landlord with loss payable to Landlord and any Lender, insuring the loss of Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Tenant, for the next 12 -month period. Tenant shall be liable for any deductible amount in the event of such loss.
7.2 (a) Liability and Other Insurance. At all times during the Term of this Lease, Tenant shall, at its sole cost and expense, maintain or cause to be maintained: (a) Commercial General Liability Insurance (as that term is commonly used in the insurance industry) covering liability arising from the Premises or operations, contractual liability, and personal liability with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) Per Occurrence (as that term is commonly used in the insurance industry) on each of the following coverages: (i) Covered Autos (ii) General Liability Bodily Injury and Property Damage Liability (iii) Personal and Advertising Injury Liability (iv) Damages to Premises Rented to Tenant and Five Million and 00/100 Dollars ($5,000,000.00) Aggregate (as that term is commonly used in the insurance industry); (b) Commercial Umbrella Insurance (as that term is commonly used in the insurance industry) of no less 4
than Five Million and 00/100 Dollars ($5,000,000.00); (c) workers' compensation insurance on its employees at the Premises in the amounts required by law; and (d) flood insurance, if the Premises (or any portion thereof) is located within (either currently or at any time during the Term of this Lease) a federally designated "special flood hazard area" in an amount equal to or greater than the replacement value of the improvements at the Premises.
(b) Property Damage. Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, trade fixtures, and owned alterations and utility installations. Such insurance shall be full Replacement Cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures and tenant owned alterations and utility installations. (c) No Representation of Adequate Coverage. Landlord makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Tenant's property, business operations or obligations under this Lease.
(d) Tenant may provide insurance through a JPIA.
(e) If Tenant fails to maintain the insurance required hereunder, Landlord may (but need not) obtain such insurance and Tenant shall pay Landlord the actual cost thereof plus interest at the rate of ten percent per annum and administrative fee of ten percent (10%) of the actual cost forthwith no later than thirty (30) days after being provided invoices for same.
7.3 Insurance Carrier; Endorsements. Landlord, its employees and public officials shall be named as additional insured on certificates of liability insurance required under this Lease.
Tenant shall provide Landlord with a copy of the certificates of insurance on or before the Rent Commencement Date, upon any renewal of such insurance prior to the expiration of the term of such coverage, and otherwise upon Landlord's written request. Tenant's insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to or maintained by Landlord. The Commercial General Liability Insurance (as that term is commonly used in the insurance industry) certificate shall be written on ISO Occurrence Form CG 0001-0798 (or a substitute form providing equivalent coverage). Tenant shall place said insurance with reputable insurance companies qualified to do business in the state where the Premises are located with at least an A, VII rating in "Best's Insurance Guide". In the event of the payment of insurance proceeds resulting from any damage or destruction to the Premises, and under the terms of this Lease, Tenant is required to repair or restore same, then such insurance proceeds shall be made available to Tenant for the purpose of making such repairs or replacements on reasonable terms as determined by Landlord. In the event of cancellation of the liability insurance policy, Tenant shall notify Landlord at least fifteen (15) days prior thereto, and in the event of cancellation of the casualty insurance policy as a result of non-payment of premiums, Tenant shall notify Landlord at least thirty (30) days prior thereto. Prior to the effective date of any such cancellation, Tenant shall obtain replacement insurance on the terms provided in this Lease.
7.4 Tenant shall obtain a waiver of subrogation from its insurance companies for the benefit of Landlord.
7.5 Indemnification of Landlord. Tenant will protect, indemnify, save harmless and defend Landlord from and against all liabilities (statutory or otherwise), obligations, claims, 5
demands, damages, penalties, causes of action, costs and expenses (sometimes referred to in this Lease as "Claims," and including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by Landlord by reason of any actual or alleged accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises, Building or adjoining sidewalks and parking lot, or any other matter or thing arising out of the Tenant's use, occupation, management, or control of the Premises, or caused by the negligence, errors, acts or omissions of Tenant, or Tenant's employees, agents or representatives, customers, or invitees, on or about the Premises, or any failure on the part of the Tenant to perform or comply with any of Tenant's obligations under this Lease, excluding, however, any such Claims arising from any accident, injury, damage or loss to the extent caused by the negligence or willful misconduct of Landlord, or Landlord's employees, representatives or any of their agents as determined by a court of competent jurisdiction. All property of Tenant or any occupant of the Premises shall be there at the risk of Tenant or such person only, and, Landlord shall not be liable for damage thereto and theft or misappropriation thereof. Tenant's obligations under this section will survive the expiration or early termination of the Lease.
8. Damage to Premises.
8.1 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Tenant shall, at Tenant's expense, repair such damage
8.2 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee.
9. Assignment/Subletting.
9.1 General Restriction. Tenant shall not assign its interest in this Lease, nor sublet the Premises or any portion thereof, nor otherwise transfer or encumber this Lease or any interest therein (each, an "Assignment"), without first obtaining the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed. At the time of any such proposed Assignment, and as a condition precedent thereto, a Tenant Default must not have occurred and be continuing at such time, under any terms of this Lease. If Tenant consummates an Assignment without obtaining the necessary consent of Landlord pursuant to the provisions of this section, the assignment shall be null and void and of no effect and an uncurable Tenant Default shall thereby be deemed to have occurred.
Notwithstanding the foregoing to the contrary, Tenant shall not be required to obtain Landlord's consent to, and the same shall not be deemed an assignment, in connection with the merger or consolidation of Tenant.
9.2 Assignment by Landlord. In the event any sale or exchange of the Premises by Landlord and assignment by Landlord of this Lease, the Landlord shall be entirely freed and relieved of its covenants and obligations contained in, or derived from the Lease arising out of any act, occurrence or omission relating to the Premises or this Lease occurring after the consummation of such sale or exchange and assignment, provided however, that the new owner shall assume and agree for the benefit of Tenant to perform all the covenants and obligations of Landlord contained herein from and following the date of the sale or exchange. In the event of such sale or exchange, this Lease shall nevertheless remain unimpaired and in full force and effect and Tenant hereunder agrees to attorn to the then owner of the Premises. 6
10. Tenant Default and Remedies.
10.1 Tenant Default. The following shall constitute a default of Tenant under this Lease (each, a "Tenant Default"):
(a) If Tenant fails to pay any monthly installment of Rent or any other payment hereunder on the date that same is due and shall not cure such failure within ten (10) days following written notice thereof from Landlord;
(b) Tenant's failure to perform any of the other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice thereof from Landlord; provided, however, that that if such failure cannot reasonably be cured in the thirty (30) day period, no default shall be deemed to have occurred so long as Tenant shall commence the cure of the same within thirty (30) days of receipt of Landlord's notice and shall thereafter diligently pursue the same to completion; or (c) If Tenant makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy, or if a decree is entered involuntarily adjudicating Tenant a bankrupt and such decree is not dissolved within ninety (90) days, or if a receiver shall be appointed for all the property of Tenant and shall not be discharged within ninety (90) days, then, any such action shall constitute a default by Tenant and, subject to the rights of a mortgagee, Landlord may give notice and terminate this Lease; provided, however, that no such act or event shall constitute a default hereunder or permit the termination of this Lease as long as the payment of all Rent and the other obligations to be performed by the Tenant shall be performed by Tenant or any party claiming under or acting on behalf of Tenant.
10.2 Landlord Remedies. Upon the occurrence of a Tenant Default, following the expiration of any applicable notice and cure periods, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand, in addition to all other rights and remedies available to Landlord at law or in equity, but in all instances, Landlord shall use commercially reasonable efforts to mitigate its damages:
(a) Landlord may enter upon and take possession of the Premises and Tenant's Property without terminating this Lease and without relieving Tenant of its obligation to make the monthly payments of Rent herein reserved, and as provided by applicable law expel or remove Tenant and any Tenant's Property located therein (and any other person who may be occupying the Premises or any part thereof) and relet the Premises in the name of Landlord at any rent readily obtainable, and receive the rent therefor. In such event, Tenant shall pay to Landlord monthly, upon demand, any deficiency in the monthly payments of Rent herein reserved that may arise by reason of such reletting and the expenses of such reletting, until the expiration of the Term of this Lease.
(b) Landlord may elect to terminate this Lease forthwith. In the event of such termination, Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may enter upon and take possession of the Premises and Tenant's Property as provided by applicable law and expel or remove Tenant and any other person who may be occupying said Premises or any part thereof, and any personal property or trade fixtures located therein. In the event of forfeiture of this Lease as herein provided, Tenant agrees that any prepaid Rent being held by 7
Landlord hereunder shall be forfeited to Landlord as liquidated damages for Tenant's default, which liquidated damages shall be in addition to and not in lieu of any unpaid Rent or any other damages accruing to Landlord by reason of such violation by Tenant of any of the terms, provisions and covenants of this Lease.
11. Landlord Default and Tenant Remedies. Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Upon default by Landlord which is not cured within any applicable notice and cure period, Tenant may pursue its rights and remedies at law or in equity. If Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease, or in the event Landlord or its agents causes the damage or destruction as set forth herein, Tenant shall have the right to recover from Landlord all amounts necessary to compensate Tenant for all the detriment proximately caused by such default or which would be likely to result therefrom; provided, however, in no event shall Landlord be liable for business interruption loss, lost profits or consequential or punitive damages except to the extent arising from any fraud, intentional misrepresentation or gross negligence of Landlord. Notwithstanding the forgoing, the total maximum liability of the Landlord for any damages of the Tenant under this Lease or any loss or damage to Tenant or its employees guest or invitees shall not exceed the amount of rent paid by the Tenant to the Landlord under this Lease.
12. Waste. Tenant shall not cause injury or waste to the Premises, reasonable wear and tear, effects of time, and damage by the elements or casualty excepted. Tenant shall keep the Premises clean and free from rubbish, trash and garbage, and, at its own expense, arrange for removal of same.
13. Parking. The Premises currently has a parking lot (the "Parking Lot"). Tenant shall have use of the Parking Lot in common with all others of any open parking spaces, twenty-four (24) hours a day, seven (7) days a week, every day of the year.
14. Signage and Building Identity. Tenant, at Tenant's sole cost and expense, shall be entitled to install signage on and about the Premises, including without limitation exterior signage at all lawful locations or as otherwise approved by appropriate governmental authority. Such signage shall be subject to all applicable laws.
15. Hazardous Substances.
15.1 (a) Tenant shall comply with all applicable laws relating to environmental conditions on, under or about the Premises including, but not limited to, soil and ground water conditions. Without limiting the generality of the foregoing, Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Substance (as defined below) upon or about the Premises, nor permit its respective employees, agents, invitees or contractors to engage in such activities upon or about the Premises. However, the foregoing provisions shall not prohibit the transportation to and from, and the use, storage, maintenance and handling within, the Premises of substances customarily used in connection with normal business use provided: (a) such substances shall be used and maintained only in such quantities as are 8
reasonably necessary for the then -existing use of the Premises, strictly in accordance with applicable laws and the manufacturers' instructions therefor, (b) such substances shall not be disposed or discharged within the Premises, and shall be transported to and from the Premises in compliance with all applicable laws, and (c) if any applicable law or Tenant's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site. The term "Hazardous Substances" shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect is either:
(i) potentially injurious to the public health, safety or welfare, the environment, or the Premises, or (ii) regulated or monitored by any governmental authority having jurisdiction over the Premises or (iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Landlord and timely compliance (at Tenant's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, and including ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit.
(b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused 9
or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Tenant, or any third party. (d) Tenant Indemnification. Tenant shall indemnify, defend and hold Landlord, its council members, officers, agents, employees, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance first brought onto the Premises by or for Tenant, or any third party from and after the Effective Date (provided, however, that Tenant shall have no liability under this Lease with respect to any Hazardous Substances existing on, under or about the Premises prior to the Effective Date or any underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Tenant). Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement.
15.2 Landlord represents and warrants that it is not aware of and has no knowledge of any person or entity that has used, generated, manufactured, produced, stored, released, discharged or disposed of on, under, or about the Premises (or off -site of the Premises that might affect the Premises), or transferred to or from the Premises, any Hazardous Substances except for the transportation to and from, and the use, storage, maintenance and handling within, the Premises of substances customarily used in connection with normal business use. Landlord shall protect, indemnify, defend and hold harmless Tenant and its directors, officers, members, managers, contractors, employees, agents, parents, subsidiaries, successors and assigns from and against any and all loss, damage, cost, expense, or liability (including reasonable attorneys' fees and costs) arising out of or attributable to the actions or omissions of Landlord or its agents, or a breach by Landlord of any representation, warranty, covenant or agreement contained in this Section and from any Hazardous Substances located on, under or about the Premises prior to the Effective date. It is the intent of Landlord and Tenant that Tenant shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto prior to the Effective Date of the Lease; and that Landlord shall have no liability for damage to the environment or natural resources, for abatement, removal or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto arising during the term of this Lease or attributable to the actions or omissions of Tenant. The warranties and indemnifications made by the parties in this Section shall survive the termination of this Lease, provided that, with respect to a release associated with an Environmental Regulatory Action, as defined below, the indemnifications shall terminate on receipt of a "no further action" letter or equivalent, from the governmental body concerned, or, if no such letter is available, upon the issuance of a report by Tenant's consultant, which consultant has been approved by Landlord in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release. 10
15.3 In the event there is a release of Hazardous Substances (including without limitation Hazardous Substances originating from any adjoining property or any property in the vicinity of the Premises) in, on or around the Premises, which results in an enforcement action or actions or proceedings brought against the Landlord or Premises by a governmental body having jurisdiction to compel an investigation, remediation, cleanup, response action, removal action or other regulatory response (the "Environmental Regulatory Action"), that arose prior to the Effective Date, Landlord shall take all required Environmental Regulatory Action and shall have the right to access the Premises as may be reasonably required for the performance of such obligations, provided that if the cost of performing such remediation is not contained within the approved annual budget, it may instead terminate this Lease without incurring any liability. Tenant shall be responsible for any Environmental Regulatory Action during the term of this Lease in which case the indemnities set forth below shall apply. If any corrective, remedial or responsive action includes any alterations to the Premises or such alterations are required by Environmental Laws, said alterations shall be performed at the expense of the party responsible for such Environmental Regulatory Action. In the event of an Environmental Regulatory Action not arising during the term of this Lease and which Environmental Regulatory Action causes a material, adverse effect on Tenant's business operations in the Premises, the rent shall abate to the extent of any diminution in the use of the Premises for each day from the date of the Environmental Regulatory Action until such time as the Hazardous Substances affecting the Premises have remediated, and the earlier of the date when: (i) Landlord obtains a "no further action" letter or equivalent or a report by Landlord's consultant, which consultant has been approved by Tenant in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release and delivered the same to Tenant, or (ii) the Tenant has resumed its normal business operations at the Premises. Tenant shall have no obligation to conduct or otherwise pay for any investigative, engineering or remedial expenses, including, but not limited to, consultant fees for preparation of a report by Landlord's consultant with respect to any release directly attributable to Landlord or its agents or representatives, but shall be responsible for all such investigative, engineering or remedial expenses, including consultant fees, with respect to any release occurring during t h e term of this Lease.
16. No Waiver of Covenants and Agreements. The failure of Landlord or Tenant to insist in any instance on the strict keeping, observance or performance of any covenant or agreement contained in this Lease, or the exercise of any election contained in this Lease, shall not be construed as a waiver or relinquishment for the future of such covenant or agreement, but the same shall continue and remain in full force and effect. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of said lease.
17. Right of Entry. Upon the occurrence and during the continuance of a Tenant Default, Landlord and its representatives may enter on to the Premises during normal business hours upon reasonable advance written notice to Tenant. At any time during the Term or Renewal Term, as applicable, Landlord may enter the Premises during all business hours for any purpose. Any entry by Landlord and/or its representatives shall be accomplished in a manner which will minimize any interruption or interference with Tenant's business operations within the Premises.
18. Surrender of Premises. Tenant shall promptly surrender the Premises to Landlord at the expiration or sooner termination of the Term of this Lease and leave the Premises in good 11
condition and repair, subject to reasonable wear and tear, broom clean and free of all debris, waste and by-products. Tenant may remove all of Tenant's Property from the Premises, as permitted in this Lease. Upon removal of any trade fixtures affecting the building systems, Tenant shall cap or cover such building system upon removal of the trade fixtures. Any of Tenant's property remaining in the Premises at the expiration of the Term of this Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. The provisions of this paragraph shall survive the expiration or termination of this Lease.
19. Holding Over. Any holding over after the expiration of the Term hereof, with or without the consent of Landlord, shall be construed to be a tenancy from month to month at the Rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, if such holding over is without the consent of Landlord; Rent for such holdover period shall be 100% the Rent due for the last year of the Term.
20. No Consequential or Punitive Damages. Notwithstanding any provision of this Lease to the contrary, under no circumstances shall either party be liable to the other for any consequential, special, exemplary or punitive damages or lost profits.
21. Separability and Survivability. The illegality, invalidity or unenforceability of any term, condition, or provision of the Lease shall in no way impair or invalidate any other term, provision or condition of the Lease, and all such other terms, provisions and conditions shall remain in full force and effect. In the event that Landlord or Tenant lawfully terminates this Lease, the provisions of this Lease shall otherwise remain in effect to the extent necessary to allow Landlord and Tenant to enforce rights and obligations accruing prior to the termination of this Lease and attributable to the period of time prior to the termination of this Lease.
22. Governing Law and Venue. The Lease shall be governed by and construed pursuant to the laws of the state of California. Venue for any action under or related to this lease shall be exclusively in the state or federal courts located in the County of Riverside. Any judgment rendered in such an action may be enforced in any other jurisdiction domestic or foreign subject to applicable law and treaty.
23. Notices. All notices required under this Lease shall be deemed to be properly served if delivered in writing personally, sent by certified mail with return receipt requested or sent by nationally recognized overnight carrier, to the party at the address set forth below, or to any subsequent address which Tenant or Landlord may designate in writing to the other party for such purposes. The date of service of a notice shall be deemed received (a) when delivered, if delivered personally, (b) three (3) days after being deposited in the United States mail, certified mail, postage prepaid, or (c) one (1) day after being sent using a reliable overnight carrier. All notices shall be addressed as follows:
If to Landlord:
City of Beaumont
c/o City Manager
12
550 East Sixth Street
Beaumont, CA 92223
If to Tenant:
24. Binding Effect. Except as otherwise herein provided, this Lease and all the covenants, terms, provisions and conditions herein contained shall inure to the benefit of and be binding upon the heirs, representatives, successors and assigns of each party hereto, and all covenants herein contained shall run with the land and bind any and all successors in title to Landlord.
25. Attorneys' Fees. If either Landlord or Tenant commences or engages in any action or litigation or arbitration against the other party arising out of or in connection with the Lease, the Premises and/or the Building, including but not limited to, any action for recovery of any payment owed by either party under the Lease, or to recover possession of the Premises, or for damages for breach of the Lease, the prevailing party in any such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action and in preparation for said action. This provision shall survive the termination of the Lease.
26. Cooperation. Landlord shall fully cooperate with Tenant throughout the Term of this Lease to secure or maintain proper zoning, building and other permits for the Premises, and to assist Tenant in complying with all applicable laws. Landlord shall execute any petitions, requests, applications and the like as Tenant shall reasonably request in order to obtain any permit, license, variances and approvals which, in the reasonable judgment of Tenant, are necessary for the lawful construction and/or operation of Tenant's business on the Premises.
27. Entire Agreement and Amendment. This Lease constitutes the complete and entire agreement between the parties. All negotiations, considerations, representations and understandings between Landlord and Tenant are merged herein and may be modified or altered only by agreement in writing between Landlord and Tenant. No act or omission of any employee or agent of Landlord shall alter, change, or modify any of the provisions hereof.
28. Authority. Each party warrants and represents to the other party that (a) it is duly organized, validly existing and in good standing in the state of its organization; (b) it has all requisite power and authority to own and lease property in the state where the Premises are located; (c) it is fully authorized to enter into this Lease and that all required actions have been taken to authorize the execution of this Lease; and (d) this Lease constitutes a legally binding agreement enforceable against Landlord and Tenant, respectively, in accordance with its terms.
29. Counterparts. This Lease may be executed in one or more counterparts, all of which, when taken together shall constitute one agreement. A signed copy of this Lease delivered by facsimile, PDF, e-mail or other electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.
30. Exhibits. All Exhibits and Recitals referenced herein and attached hereto are made a part hereof.
13
31. Time. Time is of the essence with regard to all obligations and covenants of this Lease.
[Signature page to follow]
IN WITNESS WHEREOF, said parties have executed and delivered this Lease as of the date and year first above written.
14
SELLER: BUYER:
By: Gf� a CITY OF BEAUMONT
By:
Date:
84.2$
ATTEST:
, Secretary
APPROVED AS TO FORM:
SBEMP LLP
John O. Pinkney
Date:
EXHIBIT "A"
LEGAL
DESCRIPTION
1. Location: 514 N. California Ave.; Beaumont, CA 92223
2. Landlord will make the building accessible to Program Provider: Mondays -Thursday, 7:30A -5:30P; Fridays, 7:30A-12:OON & other hours as agreed by the landlord.
3. Building spaces designated for tenant use with space numbering corresponding to the attached building floorplan map:
a. Space #15
6 MAKERS?ACE
47'0' x 19'5'
KITCHEN
21 3" x
5 4
OFFICE
87 x 9'IO"
3 OFFICE
BTx19'9"
2 UTILITY CLOSET
97x8'4•
CLASSROOM
31'2' x 25V
HALL
4.8.x .1,..
BAT -1
71'y13'
9 BATH
T4 x
in tt 3 r 152
HALL
I
i
11 OFFICE
177 x 10'6' _.•1-Hx 28'11
1. 7
ROOM
1Ti'r 10'5'
- Ilia
MEETING ROOM
17.2.., 106'
a
I
OFFICE ,
8Tx20t
FOYER
38'2' x 16'10'
L
FLOOR 1
I
ELEVATOR
80-4 162
OFFICE
' 1'2" x 16'4"
10 OFFICE
11'2"x 1-11"
ENTRY
RECEPTION
V1Vx13'1'
1
17 ROOM
11'6" x 17'2'
BATH
x 10'10'
16 ROOM
11'6' x 9'9'
I
15 OFFICE
11'0' x 19'8'
14 OFFICE
11'6' x 19'10"
IaTCI7EN
5'2'x 6'7'
BATH
T11"x 10'10'
HALL
19'1' x 8'5'
20 ROOM
141' x 11'10'
4 19
HALL OFFICE
4'5' x 371" 14'1' x 11' 11'
18 OFFICE
141' x11'11"
HALL
191' x Ci'
HALL ELEVATOR
8'9' x B'3' 8'S' x 8'3'
HALL
4'5" x 40'10'
13 OFFICE
11'S'x 105'
12 uFf CE
1 C'11' x
22 ROOM
117-, 15'8"
ENTRY
1111" t 4""
21 1
ROOM
117'x 19'3'
HALL
16'5' x18'2'
FLOOR 2
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Steven D. Jones, Community Development Director
DATE August 19, 2025
SUBJECT: Consideration of a Long -Term Revocable Encroachment Permit Agreement
Description The City Council will consider approval of a long-term revocable encroachment permit agreement between the City of Beaumont and the owner of a single-family residence located at 1085 Palm Avenue. The agreement would authorize the property owner to maintain an existing split -rail fence constructed within the public right-of-way fronting the residence.
Background and Analysis:
As part of several improvements done to the subject property, the owner decided to remove an existing chain -link fence and replace it with a vinyl split -rail fence along the front of the property, which is located on the southwest corner of Eleventh Street and Palm Avenue. Unbeknownst to the property owner who had recently purchased the home, the old chain -link fence, which had existed for many years, was located within the City's right-of-way similar to the fences on adjacent properties. The owner was simply looking to improve the aesthetics of the property by replacing the old chain -link fencing with the new split -rail fencing.
Removing the newly installed fencing presents an economic hardship and requires the removal of a mature tree that currently straddles the property line. Since no plans currently exist to widen Eleventh Street or Palm Avenue, the owner has agreed to pay for an encroachment permit agreement that would require him to remove the fencing when the public right-of-way is developed or improved. The owner further understands that there is no guarantee this agreement will be approved. Staff are merely presenting the item to the City Council for consideration.
City staff conducted a field review of the site and confirmed that the new fence does not interfere with utility infrastructure nor present any immediate safety hazard. The fence is low -profile, consistent with neighborhood character, and does not obstruct visibility for vehicles or pedestrians since the fence is 50 percent open (Refer to Attachment 3, Before -and -After Pictures of Fenced Area).
To address this encroachment formally and ensure ongoing compliance, staff recommends issuing a long-term revocable encroachment permit agreement. This agreement would allow the property owner to maintain the fence on city -owned property with the understanding that the City retains the right to revoke the permit at any time and for any reason, including future infrastructure needs or changes in policy.
City Engineer's Comment
While this specific request has minimal impact on the City's right-of-way, the City Council should carefully consider the precedent that will be set by permitting a resident to install, maintain, and operate a private facility within the public right-of-way. The City Council has previously approved encroachment agreements for HOA-maintained entry monuments at Fairway Canyon and Flock cameras through the City. In both cases, a separate encroachment permit is required for the entity to encroach within the public right-of-way to repair, maintain, and access the respective facility. For full disclosure, it should also be noted that the Beaumont Municipal Code requires the owner of private property to maintain landscaping within the public right-of-way for strips of parkway abutting the private property's frontage.
Fiscal Impact:
The cost to prepare this staff report was approximately $450.
There is no direct fiscal impact to the City associated with this action. Any costs related to the fence's maintenance, repair, or removal in the event of permit revocation will be the responsibility of the property owner per the terms of the agreement.
Recommended Action:
Approve the long-term revocable encroachment permit agreement with the property owner; and
Authorize the City Manager or designee to execute the agreement on behalf of the City.
Attachments:
A. Long -Term Revocable Encroachment Permit Agreement
B. Encroachment Permit Site Plan and Pictures of the Fenced Area
1085 Palm Avenue Approximate Fence Location
7/30/2025, 2:16:41 PM
Zoning
Residential Single Family
Parcel Labels
Parcels_Public
Street Labels
Minor Streets
1:564
o o 0.01 0.02 mi
I
0 0.01 0.01 0.02 km
County of San Bernardino, Maxar
City of Beaumont
County of San Bernardino, Maxar I RCIT GIS, LAFCO I RCIT I Riverside County Assessor / RCIT
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REVOCABLE ENCROACHMENT PERMIT AGREEMENT
THIS REVOCABLE ENCROACHMENT PERMIT AGREEMENT ("Agreement") is dated June _, 2025 ("Effective Date"), by and between the CITY OF BEAUMONT ("City") whose address is 550 E. 6th Street, Beaumont, California 92223 and Miguel Mendoza ("Citizen") whose address is 1085 Palm Avenue, Beaumont, California 92223. City and Citizen may be individually referred to herein as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Citizen is a resident of the City of Beaumont and Citizen has constructed a fence ("Fence") on a portion of City's right-of-way located at 1085 Palm Avenue, Beaumont California 92223 ("Property"), as depicted in the Encroachment Permit Application attached hereto as Exhibit "A"; and
WHEREAS, Citizen has applied for and obtained an Encroachment Permit ("Permit") from City to allow the Fence to remain on the Subject Property until revoked by City as described herein; and
WHEREAS, City is willing to grant the Permit to Citizen, subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Grant of Revocable Encroachment Permit. City hereby grants to Citizen a revocable encroachment permit to maintain the Fence on the Property, subject to the terms and conditions set forth in this Agreement.
3. Term and Termination. This Agreement shall commence on the date first written above and shall continue in effect until terminated, with or without cause, or for no cause, at any time by City upon ninety (90) days' written notice to Citizen.
4. Citizen's Obligations.
4.1 Maintenance and Removal. Citizen shall be responsible for the ongoing maintenance and repair of the Fence, including all costs associated with such maintenance, repairs, and any necessary replacements. Citizen shall keep the Fence in good condition and repair at all times. Upon ninety (90) days' written notice from City, Citizen shall remove the Fence or any portion thereof at Citizen's sole cost and expense.
4.2 Liability and Indemnification. Citizen shall hold City harmless and assume all liability for any and all claims, demands, suits, actions, proceedings, judgments, costs, and expenses, including reasonable attorneys' fees, that may be asserted against or incurred by City arising out of or in any way related to the Fence or this Agreement.
Citizen shall defend, indemnify, and hold City harmless from and against any and all such claims, demands, suits, actions, proceedings, judgments, costs, and expenses arising out of or in any way related to the Fence or this Agreement.
5. Revocability. This Agreement and the Permit granted hereunder are revocable by City at any time upon ninety (90) days' written notice to Citizen, at City's sole discretion. Upon revocation, Citizen shall remove the Fence or any portion thereof at the Citizen's sole cost and expense.
6. Encroachment Permit. Citizen's signed Encroachment Permit Application is incorporated herein and Citizen shall maintain the Permit in good standing throughout the term of this Agreement.
7. Compliance with Laws. Citizen shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in connection with the Fence and this Agreement, including but not limited to the City of Beaumont's zoning ordinances and building codes.
8. No Vested Rights. Nothing in this Agreement shall be construed as granting Citizen any vested rights in Property or City's right-of-way. Citizen acknowledges that this Agreement creates a revocable license only and does not constitute an easement or any other property interest.
9. Reservation of Rights. City reserves any and all rights it may have now or in the future to legally regulate or otherwise condition the use of the Fence and related improvements. City's agreement hereto is not a waiver of and is without prejudice to any right, power or authority City may have under law.
10. Assignment. Citizen shall not assign, transfer, or convey this Agreement or any rights hereunder without the prior written consent of City, which may be withheld in City's sole discretion.
11. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
If to City:
City of Beaumont
City Manager
550 E. 6th Street
Beaumont, CA 92223
If to Citizen:
Miguel Mendoza
1085 Palm Avenue
Beaumont, CA 92223
12. Governing Law and Venue. This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The Parties agree that the venue in any litigation between them shall be in Riverside County, California.
13. Severability. If any section, paragraph, sentence and/or provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable section, paragraph, sentence and/or provision or by its severance from this Agreement.
14. Waiver. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and shall not be deemed a waiver of any subsequent breach or default of the terms or conditions of this Agreement.
15. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral. This Agreement may not be modified or amended except by a written instrument signed by both Parties.
16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Revocable Encroachment Permit Agreement as of the date first written above.
CITY OF BEAUMONT
By:
Mayor
By:
City Clerk
Miguel Mendoza
By: i4/-4,.c41-N2aua0,66y�
APPROVED AS TO FORM
By:
City Attorney
EXHIBIT "A"
ENCROACHMENT PERMIT APPLICATION
[ATTACHED BELOW]
i
LONG-TEaM REV%CABLE
- ..
REEME
•
rvlr�ns!��a.
trv. yam..\
'''F 7.4 .. . -
•
441'i I PH -
September 2, 2025
6 �w '1� 'tii
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•
RECOMMENDATION
0 Authorize an agreement to
obtain an encroachment
permit.
BACKGROUND
Vinyl split -rail fence long front
yard property.
Replaced old chain link fencing.
No capital improvement
anticipated.
No safety or infrastructure
improvement impeded.
r
Long -Term Revocable
Agreement City Engineer
� — Comments
Along Palm Avenue
• Existing encroachments can be found along
Palm Avenue.
ENCROACHMENT PERMIT
• To Maintain.
• To Repair.
• Parkway Landscaping Requirement.
After
ENCROACHMENT
PERMIT
• To Maintain.
• To Repair.
• Parkway Landscaping Requirement.
Next Steps
Consider
Private ownership
undertaking and public
right-of-way frontage
landscaping
maintenance.
Precedent for
maintaining private
property within the public
right-of-way.
Require agreement and
permit.
RECOMMENDATION
0 Authorize an agreement to
obtain an encroachment
permit.
i
LONG-TEaM REV%CABLE
- ..
REEME
•
trv. yam..\
wr
-
6 �w '1� 'tii
•
441'i I PH-
September 2, 2025
la.* - A437 ifra
•
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE: September 2, 2025
SUBJECT: Adoption of the City's Title VI Implementation Plan Description: Adopt a resolution approving the City's Title VI Implementation Plan, authorizing the City Manager to execute the Master Agreement with Caltrans, and delegating authority to the City Manager to make amendments to the Plan as needed to maintain compliance with federal nondiscrimination requirements.
Background and Analysis:
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance. As a Local Public Agency that receives Federal Highway Administration (FHWA) funding through the California Department of Transportation (Caltrans), the City of Beaumont must maintain an up-to-date Title VI Implementation Plan and execute FHWA Title VI Assurances to remain eligible for federal aid.
This is the City's first Title VI Implementation Plan, establishing Beaumont's framework for compliance with FHWA and Caltrans nondiscrimination requirements. Key elements of the plan include:
• Designating a Title VI Coordinator to oversee compliance activities • Adopting a Title VI/Non-Discrimination Policy Statement • Providing bi-annual staff training on Title VI requirements • Establishing procedures for complaint investigation and resolution • Committing to an annual Accomplishments and Goals Report (Work Plan) • Including a Limited English Proficiency Four -Factor Analysis and Language Access Plan
• Requiring Title VI Assurances in all federally funded contracts and agreements Once adopted, the Plan will be published on the City's website for public access and submitted to Caltrans for review.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $668.
There is no direct cost to adopt the Plan or execute the Master Agreement.
Implementation will require ongoing staff time for training, annual work plan updates, complaint processing, and interpretation services, all of which will be covered within existing department budgets.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont Adopting the Title VI Implementation Plan and Authorizing the City Manager to Execute the Master Agreement with Caltrans"; And authorize the City Manager to execute the Master Agreement.
Attachments:
A. Draft Title VI Implementation Plan
B. Resolution
C. Master Agreement — Administering Agency -State Agreement for Federal -Aid Projects
BEAUMONT
-CALIFORNIA-
TITLE VI
IMPLEMENTATION PLAN
In accordance with the Federal Highway Administration and California Department of Transportation guidelines.
AUGUST 2025
Table of Contents
Title VI Non -Discrimination Policy Statement 3
I. Introduction 4
I I . Organization and Staffing 4
I I I. Program Area Descriptions and Title VI Integration 5 IV. Title VI Complaint Procedures 6
V. Public Participation and Outreach 9
VI. Limited English Proficiency Program 10
VII. Data Collection and Analysis 10
VIII. Annual Assessment 11
IV. Title VI Assurances in Contract Documents and Agreements 11 Appendix A: Non -Discrimination Notice 12
Appendix B: Discrimination Complaint Form 13
Appendix C: Limited English Proficiency and Language Assistance Plan 16 Appendix D: Beaumont Transit Title VI Report 21
Appendix E. Appendices A -E of the Title VI Assurances 30
Title VI Non -Discrimination Policy Statement
The City of Beaumont is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any of its programs, services, or activities on the basis of race, color, national origin, sex, age, or disability, in accordance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination laws and regulations.
This policy applies to all City operations, including Public Works programs, services, projects, and activities funded in whole or in part by the Federal Highway Administration (FHWA). It also extends to contractors and consultants acting on the City's behalf in administering programs or services that receive federal financial assistance.
Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d, and related statutes, including 23 Code of Federal Regulations (CFR) pt. 200 and 49 CFR pt. 21.
Elizabeth Gibbs
City Manager
City of Beaumont
Date
I. Introduction
It is the mission of the City of Beaumont to provide core services that improve the quality of life for all residents.As part of this mission, the City is committed to delivering infrastructure and public services equitably and without discrimination, ensuring that all individuals have access to the benefits of its programs and activities.
The Public Works Department advances this mission through transportation planning, capital improvement projects, maintenance services, and related initiatives. These efforts are supported by a mix of local, state, and federal funding, including aid from the Federal Highway Administration (FHWA).As a sub -recipient of federal funds, the City is required to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance.
This Title VI Implementation Plan outlines the City's responsibilities under this law and any other nondiscrimination legislation. It describes how the City will prevent discrimination, provide meaningful access, and monitor compliance across its federally funded programs and activities. The Plan applies to all City departments, staff, and contractors involved in delivering services or projects supported by federal. aid.
II. Organization and Staffing
Ultimate Responsibility
The City Manager, as the City's chief administrative official., is ultimately responsible for ensuring that the City of Beaumont complies with Title VI and related nondiscrimination requirements in all of its programs and activities. This includes full adherence to federal regulations under 23 CFR 200 and 49 CFR 21. All City employees, contractors, and agents must also adhere to the Title VI Policy in the course of performing their duties.
Title VI Coordinator
The City has designated the Administrative Services Director as its Title VI Coordinator (Coordinator).The Coordinator holds a key position within the organization and has direct access to the City Manager to address Title VI matters. This designation ensures that Title VI considerations are integrated throughout City departments and that compliance is maintained for all federally funded activities.
The Coordinator is responsible for managing the City's Title VI Program and implementation of this Plan. Key duties include:
• Preparing and submitting the City's Title VI Plan and required annual updates or reports
• Establishing procedures for the prompt processing and resolution of discrimination complaints based on race, color, national origin, or other protected classifications under Title VI
• Investigating, documenting, and resolving Title VI complaints in accordance with the procedures outlined in this Plan, including maintaining a complaint log and reporting complaints to appropriate state and federal agencies as required • Leading efforts to create, distribute, and promote Title VI information to the public • Coordinating Title VI program development with department directors and Title VI Liaisons
• Supporting the development and implementation of Title VI training programs for City staff
• Assisting departments in identifying and addressing Title VI deficiencies uncovered through self -assessments or monitoring activities
Contact Information — Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email.: [email protected]
III. Program Area Descriptions and Title VI Integration The City of Beaumont's Public Works Department carries out a range of programs and activities that can affect the public, including transportation planning, capital projects, maintenance services, and related initiatives. Title VI nondiscrimination requirements will be integrated into all program areas to ensure equitable service delivery and prevent discrimination in any federally funded activity.
Transportation Planning & Capital. Projects
Includes roadway planning, traffic engineering, and capital improvement project development. Projects are prioritized using objective, non-discriminatory criteria based on
documented community needs. Public input will be considered during planning, and prioritization methods will be reviewed for fairness across all population groups.
Environmental. Review & Right -of -Way (ROW) Acquisition Involves environmental clearance and property acquisition for infrastructure projects.
Environmental justice impacts on minority and low-income populations will be assessed, and relocation assistance will be provided in accordance with federal guidelines.
Demographic tracking and documentation will help support consistent and equitable practices.
Construction & Contracting Not
Covers the procurement and oversight of public infrastructure projects. Standard nondiscrimination language will be included in federally funded solicitations and contracts.
Construction -related impacts will be monitored to avoid placing undue burdens on any one community, and procedures will be implemented to help ensure fairness in contractor selection.
Public Participation & Outreach
Includes community engagement during planning and project development. Efforts will be made to provide accessible meeting formats and translated materials when needed.
Outreach will be documented to evaluate whether information and opportunities for input reach a broad and diverse audience.
Maintenance & Operations
Encompasses ongoing upkeep of streets, sidewalks, and related infrastructure. Work order response and service delivery will be monitored to help ensure equitable coverage across all neighborhoods. Public notices and service information may be translated based on the needs of the area served. "
IV. Title VI Complaint Procedures
How to File a Complaint
Any individual., group, or organization that believes they have been subjected to discrimination on the basis of race, color, national origin, sex, age, or disability in a City of Beaumont Public Works program or activity may file a Title VI complaint.
Complaints must be submitted in writing within 180 days of the alleged incident.The City provides a Title VI Complaint Form (A)Dendix B), available on the City's website, at the Beaumont Civic Center, or upon request by phone, email., or in person.The form and related materials are considered vital documents and are available in English and Spanish, in alignment with the City's Language Assistance Plan and Caltrans LEP guidance.Additional languages may be provided as needed.
To be considered complete, a complaint must include:
• Complainant's contact information
• Date(s) of the alleged discriminatory act(s)
• Details of the alleged discrimination
• Basis for the complaint (e.g., race, color, or national origin) • Signature of the complainant or the complainant's representative Complaints may be submitted to:
Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email.: [email protected]
The complaint form is provided in Aojendix B. -
Title VI Complaint Processed Under the FHWA
Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub -recipient are to be forwarded to Caltrans to be submitted to the FHWA Division Office. Complaints will be sent within one business day of receipt to the Caltrans Division of Local. Assistance, Office of Civil. Rights via email at Title.Vl @dot.ca.cov.
Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office.The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.
If FHWA Headquarters Office of Civil. Rights (HCR) determines that a Title VI complaint against a sub -recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.
Caltrans OCR Investigation Process
If the Caltrans Office of Civil Rights (OCR) is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them.
If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case.
If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case.A case can also be administratively dosed if the complainant no longer wishes to pursue their case.
OCR will consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office.
A person may also file a complaint directly with:
Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-105
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
Attention: Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
[email protected]
V. Public Participation and Outreach
The City of Beaumont recognizes that effective public participation is essential to equitable and nondiscriminatory decision -making. Engaging the public, including minority, low- income, and Limited English Proficient (LEP) populations, at key stages of Public Works Department projects and plans helps ensure that a diversity of viewpoints is considered and that no community is disproportionately excluded or adversely affected.This section outlines the City's approach to inclusive public participation, consistent with Title VI and federal guidance.
Goals and Principles
The City's public participation efforts aim to:
1) Notify the public about projects, programs, or decisions in a timely and accessible manner
2) Consult with communities that are affected or interested, including historically underserved populations
3) Involve the public through appropriate forums (such as workshops, public hearings, or surveys) that encourage feedback
4) Consider and respond to public input in the decision -making process Identifying Minority Populations
The City will use demographic and socioeconomic data to identify communities with high concentrations of minority, low-income, and LEP residents, as available and applicable.
Sources may include the U.S. Census Bureau, American Community Survey (ACS), U.S. Bureau of Labor Statistics, U.S. Bureau of Economic Analysis, California Department of Labor, California Employment Development Department, and CalEnviroScreen data provided by the California Office of Environmental Health Hazard Assessment.
Communication and Outreach Methods
The City of Beaumont will use a variety of outreach methods to ensure inclusive and effective public engagement:
Public Notices
Meeting notices and project announcements will be published in local media, posted on the City's website, and on social. media. Notices will be written in plain language and translated into Spanish, consistent with the City's LEP program.
Community Meetings and Workshops
Public meetings will be scheduled at accessible times and locations, and when feasible, in or near affected communities.Virtual meetings may also be used to increase participation.
Interpreters or bilingual staff may be provided by request in advance, subject to availability.
Information Availability
Key project -related information will be made available in advance of decisions, as appropriate and when feasible. Upon request, and if possible, alternative formats will be provided at no cost —for instance, large -print for visually impaired individuals, or translated summaries for LEP persons.
VI. Limited English Proficiency Program
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, requires recipients of federal financial assistance to take reasonable steps to provide meaningful access to their programs and activities for individuals who are Limited English Proficient (LEP). Recipients of federal funding must also conduct a Four -Factor Analysis, develop a Language Assistance Plan (LAP), and implement strategies to ensure that language barriers do not prevent LEP individuals from accessing services.
The Limited English Proficiency and Language Assistance Plan is included as ADDendix C. m
VII. Data Collection and Analysis
The City of Beaumont will collect, analyze, and maintain demographic data to support its commitment to equitable access to federally funded programs, services, and activities. Data will be obtained from reliable governmental sources responsible for producing and validating demographic, socioeconomic, and environmental information. These sources will include, but are not limited to, the U.S. Census Bureau,American Community Survey (ACS), U.S. Bureau of Labor Statistics, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, California Employment Development Department,
and CalEnviroScreen data from the California Office of Environmental Health Hazard Assessment.
City staff may also collect project -specific demographic data as appropriate during outreach for federally funded projects. Outreach methods may include surveys, posters, emails, social media posts, press releases to local newspapers, and public meetings (virtual and in - person).
Collecting and analyzing this data helps the City determine the characteristics of the communities that are affected by its activities, programs, and services.This, in turn, helps the City provide better, more equitable services. For example, reviewing ACS data on languages spoken by the populations served will help the City identify language needs and prioritize translation services to ensure the public has meaningful access to essential information and opportunities for participation.
VIII. Annual Assessment mide
The City will develop an annual report of Title VI accomplishments and upcoming goals, including an update to the Title VI Program as needed to reflect organizational or policy changes. The report will include a work plan outlining Title VI monitoring and review activities planned for the upcoming year. The Annual Work Plan will be made available to the public via the City's website or upon request.
IV. Title VI Assurances in Contract Documents and
Agreements
The City will ensure that required Title VI Assurances are included in every federal -aid contract and agreement. Appendices A and E will be included in all cases, with Appendices B, C, and D added when applicable. A complete copy of these assurances is provided in Appendix E.
Appendix A: Non -Discrimination Notice
NON-DISCRIMINATION NOTICE
YOUR RIGHTS AGAINST DISCRIMINATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides 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 subjected to discrimination under any program or activity receiving federal financial. assistance.
a'
The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal. law:
• Section 162(a) of the Federal -Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) • Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) • The Civil Rights Restoration Act of 1987 (Public Law 200-209) Any person who believes that they have been discriminated against may file a written complaint with the City of Beaumont within 180 days of the alleged discrimination.
Complaint forms and instructions for filing complaints concerning discrimination are available on the City of Beaumont's website at beaumontca.cov.Title VI Complaint Forms can also be obtained from the front desk at the Beaumont Civic Center.
To file a Title VI discrimination complaint, please use the following contact information:
City of Beaumont — Title VI Coordinator
Attn: Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email: [email protected]
Appendix B: Discrimination Complaint Form
DISCRIMINATION COMPLAINT FORM
The City of Beaumont (City) is committed to ensuring that no person is excluded from participating in or denied the benefits of its services on the basis of race, color, national origin, sex, age, or disability. Complaints must be filed within 180 days from the date of the alleged discrimination. The following information is necessary to assist the City in processing your complaint. If you require any assistance in completing this form, please contact the City's Title VI Coordinator.
When completed, submit the original signed form to:
City of Beaumont — Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email: [email protected]
1. Contact Information: k' %.
Complainant's Name:
Adress:
City, State, and Zip Code:
Telephone:
2. Are you filing this complaint on your own behalf? ❑Yes ❑No If you answered yes, please go to question #3. If you answered no, please briefly explain why you have filed for a third party:
If you answered no, please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. ❑Yes ❑No
3. Name and position of person(s) that allegedly discriminated against you:
4. Check the box(es) for the type(s) of discrimination that was experienced:
❑ Race ❑Sex
❑Color ❑Age
❑National Origin ❑Disability
❑ Other, Please Specify:
5. Date and place of alleged discriminatory action(s):
Date:
Location:
6. How were you discriminated against?
Describe the nature of the action, decision, or conditions of the alleged discrimination.
Explain as clearly as possible what happened and why you believe your protected status was a factor in the discrimination. Include how other persons were treated differently from you. (Attach additional page(s) if necessary).
7. Please list any person(s) we may contact for additional information to provide further information for your complaint:
8. Has this complaint been filed with any other Federal, State, or local investigative agency? ❑Yes ❑No
If "yes," please provide the following information:
Agency:
Contact Person:
Address:
Telephone No.: _
Date Filed:
9. Please provide any additional information that you believe would assist in the AllillikI
investigation:
You may attach any written materials or other information that you think is relevant to your complaint.
V'
Signature of Complainant: Date:
Appendix C: Limited English Proficiency and Language
Assistance Plan
Background
The City of Beaumont has developed this Language Assistance Plan (LAP) to comply with Title VI of the Civil Rights Act of 1964 and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP). Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Moreover, Executive Order 13166 requires all recipients of federal funding to take reasonable steps to ensure that individuals with LEP have meaningful access to programs, services, and activities.
LEP persons refer to those for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.
In accordance with guidance from the U.S. Department of Transportation and the Federal Highway Administration, the City has conducted a Four -Factor Analysis to assess local language needs and identify appropriate language assistance measures. This plan outlines the findings of that analysis and describes actions the City will include to improve language access for LEP individuals.
Four -Factor Analysis
The City conducted a Four -Factor Analysis to assess language needs in its service area, as recommended by the U.S. Department of Transportation.This analysis will be reviewed at least annually and considers the following factors:
1) The number or proportion of LEP persons eligible to be served or likely to be encountered
2) The frequency with which LEP persons come into contact with City programs 3) The nature and importance of the program, activity, or service to people's lives 4) The resources available to the recipient for LEP Outreach
Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered
To assess the number or proportion of LEP persons who may be served or encountered by the City, data from the U.S. Census Bureau's 2023 American Community Survey (ACS) 1 -Year Estimates was analyzed.These data are considered the most current and reliable for understanding the linguistic needs of the City's population.
In line with the U.S. Department of Justice's Safe Harbor provision, which is also accepted by both the Federal Highway Administration (FHWA) and the Federal. Transit Administration (FTA), written translation of vital documents is recommended for each LEP language group that constitutes either 5% or 1,000 persons, whichever is less, of the total population eligible to be served or likely to be affected.
Table 1 presents the number of LEP individuals by language group within the City of Beaumont. According to the ACS data, Spanish is the most prevalent language spoken by LEP individuals, comprising approximately 5.4% of the population, or about 2,701 individuals. No other LEP language group meets or exceeds the 5% or 1,000 -person threshold established under the Safe Harbor provision.
This analysis indicates that Spanish-speaking LEP individuals represent the primary population requiring language assistance services.The City will continue to monitor demographic changes and update its language assistance plan accordingly to ensure compliance and meaningful access.
Mi+
Table 1 City of Beaumont LEP Populations
Category
Population
Percentage
of
Population
Total population 5 years and over
50,243
100.0%
Speak only English
35,004
69.7%
Spanish: Speak English less than "very well"
2,701
5.4%
French, Haitian, or Cajun: Speak English less than "very well" 0 0.0%
German or other West Germanic Languages: Speak English less than "very well"
0 0.0%
Russian, Polish, or other Slavic languages: Speak English less than "very well"
79 0.2%
Other Indo-European languages: Speak English less than "very well" 98 0.2%
Korean: Speak English less than "very well"
91 0.2%
Chinese (incl. Mandarin, Cantonese): Speak English less than "very well" 457
0.9%
Vietnamese: Speak English Less than "very well"
138
0.3%
Tagalog (incl. Filipino): Speak English Less than "very well" 419
0.8%
Other Asian and Pacific Island Languages: Speak English less than "very well"
47 0.1%
Arabic: Speak English Less than "very well"
223
0.4%
Other and unspecified languages: Speak English less than "very well" 7 0.0%
2023 ACS 5 -Year Estimates, Table C16001: Language Spoken at Home for the Population 5 Years and Over Factor 2: The frequency with which LEP persons come into contact with City programs
While the City has not yet formally collected data on the frequency of contact with Limited English Proficient (LEP) individuals, observations from City staff provide useful insights.The most common point of contact with LEP individuals occurs with the City's front counter staff. Based on staff estimates, Spanish-speaking LEP individuals seek assistance approximately once per day.
The City's Human Resources Department maintains a current list of certified bilingual employees who are available to assist with translation and interpretation needs. While the Public Works Department does not regularly receive requests for language assistance in connection with federally funded programs or projects, translation support will be available when requested in advance and will be provided whenever feasible. Staff will also make reasonable efforts to assist with unscheduled translation needs if qualified personnel are available.
Overall, the City's contact with LEP individuals appears to be infrequent and largely limited to front -counter interactions.Among the LEP populations served, Spanish is the most commonly spoken Language. The City will continue to monitor contact frequency and adapt its language assistance measures as necessary to ensure meaningful access to services.
Factor 3: The nature and importance of the program, activity, or service to people's lives
The City of Beaumont's Public Works Department provides essential services that directly impact the daily lives of residents, including transportation improvements, public infrastructure projects, and ongoing maintenance of streets and sidewalks. Some of these services are supported by federal funding and play a key role in community safety, mobility, and access.
Public infrastructure and transportation services are closely tied to broader quality -of -life outcomes.These programs support safe and reliable travel, connect people to jobs, education, and services, and contribute to healthier communities through improved air quality, reduced runoff, and support for active transportation options like walking and bicycling. While requests for language assistance related to federally funded projects have been infrequent, more than 5% of the City's population is Limited English Proficient.These individuals may rely on the City's services to navigate their neighborhoods, access essential services, and participate in civic life.Acknowledging the importance of these programs helps ensure they remain accessible and responsive to the needs of all residents.
Factor 4: The resources available to the recipient for LEP outreach The City of Beaumont recognizes the importance of providing meaningful access to public services and information for individuals with Limited English Proficiency (LEP). While current outreach efforts are limited, this Language Assistance Plan outlines reasonable steps the City will include to enhance access based on identified needs and available resources.
The following language assistance strategies will be included as part of the LAP:
Translation of Vital Documents
In accordance with federal guidance, the City will translate Title VI vital documents into Spanish, the primary language spoken by the City's LEP population. These documents include the Title VI Notice of Rights, the Title VI Complaint Form and instructions, and public notices related to federally funded Public Works projects. For longer or technical materials, translated summaries may be provided when appropriate. Other language translations may be considered upon request.
Oral Interpretation Support
The City will identify opportunities to provide interpretation at public meetings when requested in advance. This may involve the use of bilingual staff, when qualified and available, or professional interpretation services depending on the language and setting.
Bilingual Staff Directory
The City will coordinate with the Human Resources Department to maintain a current list of staff who self -identify as bilingual and are willing to assist with basic communication needs. This list will be updated periodically and made available to departments likely to interact with LEP individuals.
Signage and Public Notices
Informational signage stating that free language assistance is available will be posted at public counters and included in outreach materials. Public notices may include information in Spanish on how to request translation or interpretation.
Title VI Webpage Section
A dedicated section on the City's existing website will be created to house Title VI and LEP- related information.This section will include the City's Title VI Notice, Complaint Form, Language Assistance Plan, and translated materials, along with instructions on how to request language assistance.Additionally,the City's website features a built-in translation tool to assist non-English speakers in accessing general information.
Plan Monitoring and Updates
The City of Beaumont will review and update this Language Assistance Plan (LAP) as needed to reflect changing demographics, program changes, or resource availability. To meet the requirements of FHWA and Caltrans, an annual assessment will be conducted to determine if modifications are necessary to ensure meaningful access to projects and services for LEP persons.
City staff may also document requests for translation or interpretation services, complaints related to language access, and public input on outreach effectiveness.These efforts will help determine whether additional measures are needed to ensure meaningful access for Limited English Proficient (LEP) individuals.
The LAP is intended to be a living document and may be modified in response to community feedback, service delivery needs, or updated federal. guidance.
Appendix D: Beaumont Transit Title VI Report
Introduction
The Beaumont Transit Title VI Report serves as an appendix to the City of Beaumont's broader Title VI Implementation Plan. This report outlines how the City of Beaumont Transit Department ("Beaumont Transit") upholds the principles of Title VI of the Civil Rights Act of 1964 and other nondiscrimination regulations at the state level by ensuring equitable, accessible, and nondiscriminatory transit services for all members of the community.
Beaumont Transit provides fixed -route and paratransit services within Beaumont and neighboring communities, operating a revenue fleet of 22 buses. Beaumont Transit is not a direct recipient, or sub -recipient, of funding from the U.S. Department of Transportation (DOT) or the Federal Transit Administration (FTA) and is not submitting this report for federal compliance. However, it does receive state -administered transit funding through the Riverside County Transportation Commission (RCTC). To guide the development of this report, Beaumont Transit used the FTA's Title VI program guidelines, as outlined in Circular 4702.1B, to ensure its service standards are consistent with industry best practices and comparable to those of other transit agencies statewide and nationwide.
Although not required, Beaumont Transit viewed this as an opportunity to evaluate how well transit services support equity and access for all riders and to establish dear service standards consistent with Title VI principles. This report, together with the City's Title VI Implementation Plan, reflects Beaumont Transit's ongoing commitment to fairness, transparency, and accessibility in its transit operations.
System -Wide Service Standards
Vehicle Load Standards
Vehicle load refers to the ratio of passengers on board to the number of available seats.
When loads become high enough to cause overcrowding, additional service may be considered to support equitable access and maintain a reliable rider experience. The figures below represent the maximum number of passengers allowed, which includes both seated and standing capacity.
To ensure fair and consistent service, the average passenger load during peak periods should not exceed the maximum load factor shown for each vehicle type.These standards are based on the specific seating and standing capacities of each vehicle model in Beaumont Transit's fleet.
Length
(feet)
Year
Built
Manufacturer
Model
Seating
Capacity
Standing
Total
Maximum
Load
Factor
40 2015
El Dorado National
XHF 40
43 13
56 1.3
24 2016
Ford
E-450
20 6
26 1.3
33 2016
Ford
F-550
30 9
39 1.3
32 2018
El Dorado National
EZ-RIDER
30 15
45 1.5
25 2019
Greenpower
EV Star
10 0
10 1.0
33 2019
Ford
F-550
28 8
36 1.3
32 2023
El Dorado National
EZ-R�DER
27 13
40 1.5
32 2024
El Dorado National
EZ-R�DER
27 13
40 1.5
Vehicle Headways
Vehicle headway refers to the amount of time between buses operating on the same route.
Headways are determined based on service demand, scheduling constraints, fiscal capacity, and available vehicles. Longer headways may indicate lower demand or limited resources, while shorter headways are generally provided on higher -ridership routes.
For demand -response services such as Dial -A -Ride (paratransit), headways vary by trip request and are not fixed. For fixed -route service, the current scheduled headways are listed in the table below.
Monitoring and maintaining appropriate headways support the agency's commitment to equitable service delivery by helping ensure reasonable wait times across all communities served.
Frequency (minutes)
Route
Weekday
Saturday
Route 3
60 N/A
Route 4
60 N/A
Route 3/4
N/A
60 Route 7
40-45
N/A
Route 9
40-45
N/A
Casino Express
40-80
N/A
Commuter link 120
30-60
120
Commuter link 125
135
N/A
On -Time Performance
Beaumont Transit considers a trip on time if it departs no more than one minute early and arrives no later than five minutes past the scheduled time. The performance target is set at 85%, with a goal of reaching 90% on -time performance. Monitoring on -time performance helps ensure consistent and reliable service delivery for all riders.
Service Availability
Beaumont Transit provides fixed -route bus service to areas with residential neighborhoods, medical facilities, shopping centers, government offices, employment sites, and other destinations that can support regular transit use. Service is concentrated along major roads in areas of higher density and transit demand, including historically underserved communities.
Most bus stops are spaced about one -quarter mile apart. However, this spacing may vary based on land use, pedestrian access, and safety conditions. Beaumont Transit also offers Dial -A -Ride (paratransit) service for individuals with disabilities within the service area, providing accessible transportation for those who may not be able to use regular bus routes.
Ongoing service improvements are guided by ridership patterns, community feedback, and local planning studies.These efforts help ensure that transit services remain responsive to the needs of Beaumont's diverse population and are distributed equitably across the service area.
Transit Amenities
Beaumont Transit provides and maintains various transit amenities at bus stops to enhance the comfort and convenience of riders. These amenities include benches, shelters, trash receptacles, and clearly marked signage.
At a minimum, all designated bus stops within the service area have signage. Additional amenities, such as benches and shelters, are installed based on factors including passenger boarding activity, proximity to major destinations or landmarks, and whether the stop serves as a key transfer point. Higher -use stops are prioritized for these enhancements.
To promote equitable access, Beaumont Transit considers demographic characteristics, land use, and community needs when prioritizing stop improvements.
All new transit amenities are installed in compliance with the Americans with Disabilities Act (ADA) to ensure accessibility for all passengers. Outside the City of Beaumont, the placement of amenities is the responsibility of the local jurisdiction.
Beaumont Transit maintains clean, safe, and accessible waiting areas for all riders as part of its ongoing effort to improve accessibility, equity, and the rider experience.
Vehicle Assignments
Beaumont Transit's fleet includes 20 compressed natural gas (CNG) buses for fixed -route service and 2 electric vehicles (EVs) used for Dial -A -Ride. All vehicles are ADA-compliant, equipped with wheelchair lifts or ramps, and feature air conditioning and heating to ensure passenger comfort in all weather conditions. Fixed -route buses are also outfitted with bike racks, allowing passengers to combine biking with transit.
To ensure cleanliness and rider comfort, all vehicles receive interior cleaning at least twice a month, with daily light cleaning performed during regular service hours.
Vehicle assignment is based on service type, with fixed -route vehicles assigned to major routes and EV shuttles used for demand -response trips.These practices ensure that all riders have access to clean, accessible, and well-equipped vehicles, regardless of where or how they travel in the system.
Public Participation Plan
The strategies outlined here reflect Beaumont Transit's commitment to inclusive public engagement in transit -related decisions, especially for minority, low-income, Limited English Proficient (LEP), elderly, and disabled populations.
Public Participation Strategies
To ensure meaningful access to decision -making, Beaumont Transit will:
• Ensure Language Accessibility: Key public information will be provided in English and Spanish. Translation and interpretation services will be offered upon request and when feasible.
• Promote Widespread and Equitable Notification: Meetings and updates will be shared through multiple channels, including onboard notices, flyers at key stops, the City website, social media, local media, and community -based organizations. • Hold Accessible Public Meetings: Public meetings will be held in ADA-compliant, transit -accessible venues and scheduled at convenient times.Virtual options will be offered when possible.
• Engage Through Community Partnerships and Events: Transit staff will participate in community events such as health fairs, school functions, and senior center activities.
When appropriate, staff may also ride bus routes or host pop-up events to engage directly with the public. Partnerships with local organizations (e.g., senior centers, schools, libraries, and Transportation NOW) will be used to expand outreach. • Gather Community Feedback: Rider surveys, comment forms, and informal feedback will be used to shape policies and service decisions. Outreach materials will reflect Title VI protections and invite public input from all groups.
Limited English Proficiency (LEP) Plan
Beaumont Transit follows the City of Beaumont's Language Assistance Nan (LAP), included in A»endix C of this Title VI Implementation Plan.That plan outlines the City's responsibilities for providing meaningful access to services for Limited English Proficient (LEP) individuals in accordance with Executive Order 13166 and Title VI of the Civil. Rights Act of 1964.
This section provides transit -specific provisions that support and supplement the City's LAP.
It summarizes how Beaumont Transit assesses Local language needs, identifies service barriers, and implements language assistance measures specific to transit services and riders.These strategies are informed by demographic data, rider surveys, and direct staff interactions with LEP individuals.
Four -Factor Analysis
Factor 1: LEP Population in the Service Area
To supplement the City's Four -Factor Analysis included in Appendix C, Beaumont Transit reviewed local data to identify language needs specific to transit users. While Spanish is the most common non-English language in the community overall, Beaumont Transit further analyzed its rider population to assess whether transit -dependent LEP individuals may differ from the general population.
A 2020 rider survey gathered demographic and language -related data from fixed -route passengers to better understand the linguistic makeup of the transit system's active user base.
Survey highlights include:
• Race/Ethnicity: 26% of riders identified as White/Caucasian, 36% as Hispanic/Latino, 27% as Black/African American, and 8% as Asian/Pacific Islander. • Primary Language Spoken: 85% of respondents reported English as the language spoken most often, followed by 30% reporting Spanish, and 5% reporting other languages.
• Self -Rated English Proficiency: 89% said they spoke English "very well" or were native speakers; 11% stated they spoke English less than "very well." These results confirm that Spanish-speaking individuals with limited English proficiency represent a substantial portion of Beaumont Transit's ridership. Internal feedback from dispatch and customer service staff further validates this, with Spanish being the most commonly encountered non-English language in daily operations.
No other language group meets the federal threshold of 5% or 1,000 persons, nor does any other group regularly engage with the agency at a level requiring targeted services.
Nonetheless, Beaumont Transit accommodates other language needs upon request and when feasible.
Given this analysis, Beaumont Transit prioritizes Spanish -language access through bilingual staff support and written translations of essential transit information to ensure meaningful service for LEP individuals.
Factor 2: Frecuency of Contact with LEP Individuals
Beaumont Transit staff, including bus operators, dispatchers, and customer service representatives, report frequent contact with Spanish-speaking individuals who have
limited English proficiency. These interactions occur regularly on fixed -route buses and through the dial -a -ride reservation system. Common topics include schedules, fares, and route information.
Spanish is also commonly used during customer service calls and at outreach events such as community fairs, senior center visits, and travel training sessions. Staff feedback and rider surveys confirm that many transit -dependent passengers prefer to communicate in Spanish. In contrast, contact with speakers of other non-English languages is infrequent and does not currently justify expanded language services for those groups.
Because Spanish is consistently used in essential interactions, Beaumont Transit will prioritize providing key information in Spanish.This includes translated notices and alerts, as well as bilingual support in person and over the phone.
Factor 3: Importance of Transit Services
Public transportation plays a critical role in the daily lives of Limited English Proficient (LEP) individuals, many of whom rely on it as their primary means of mobility. According to Beaumont Transit's 2020 rider survey, 70.5% of respondents indicated that an automobile was not available for the trip they were making, and 30% reported that no working vehicle was available in their household. When asked how they would have traveled if the bus was not available, 38.5% said they would walk, while 19.6% stated they would not have made the trip at all.
These findings demonstrate that transit service is essential to ensuring equitable access to opportunities for LEP riders. Riders reported using the bus for a range of purposes, including commuting to work, attending school, accessing medical care, and shopping for basic needs.The consistent reliance on transit for such vital activities underscores the importance of maintaining accessible, inclusive, and reliable transportation options for LEP populations.
Factor 4: Resources and Cost
Beaumont Transit is a small municipal transit agency with a limited operating budget; however, many language assistance services for LEP individuals can be implemented at a reasonable cost.The agency is committed to taking reasonable steps to provide meaningful access to its programs and services for all riders, including those with limited English proficiency.
The City currently employs bilingual (English/Spanish) staff in key frontline positions, including customer service representatives and bus operators.These internal resources are
leveraged to assist Spanish-speaking LEP individuals without incurring significant additional costs. Bilingual staffing levels include:
• Bus Operators: 33% are bilingual in English and Spanish • Administrative staff (including customer service): 75% are bilingual in English and Spanish
Written brochures, flyers, and notices are translated in-house by bilingual staff. Where possible, Beaumont Transit also leverages translated materials from peer agencies and utilizes low- or no -cost tools such as Google Translate on the City's website to enhance language access. While the agency does not track all language access costs line by line, it monitors expenditures such as bilingual staff pay and basic translation services. Based on this data, Beaumont Transit estimates that its LEP-related efforts comprise less than 1% of the agency's total operating budget.
Beaumont Transit will continue to evaluate local language needs using data from the U.S.
Census, rider surveys, and staff observations. These efforts help ensure the agency maintains an appropriate level of language assistance in line with available resources and community needs.
Language Assistance Plan
Beaumont Transit follows the City of Beaumont's Limited English Proficiency (LEP) Nan, included as Appendix C of this Title VI Implementation Plan. The following transit -specific provisions reflect Beaumont Transit's efforts to ensure meaningful access to transit services for individuals with limited English proficiency —particularly Spanish-speaking riders, who represent the largest LEP population in the service area.
1. Written Translations
Beaumont Transit will provide Spanish translations of vital transit documents, including:
• Title VI notices and complaint forms
• ADA paratransit applications
• Additional materials will be translated upon request and when feasible
2. Oral Interpretation
Spanish-speaking staff will be available at the Transit Office and via phone to assist Spanish-speaking riders. Bus operators and dispatchers will be trained to recognize language needs and to connect riders with bilingual staff as needed.
3. Digital Access
The Beaumont Transit website will feature an integrated translation tool for access in multiple languages. Important announcements, including service changes or emergencies, will be posted in Spanish on social media and the website when applicable.
4. Public Outreach and Meetings
Public meeting notices, flyers, and outreach materials will be distributed in both English and Spanish. Interpreter services will be provided at public meetings upon advance request and when feasible.
5. Emergency Communications
1•
During service disruptions or emergencies, Beaumont Transit will issue bilingual alerts through social media, onboard signage, and printed notices to ensure all riders receive timely and accessible information.
6. Monitoring and Updating the LEP Plan
The Title VI Coordinator will monitor the effectiveness of language assistance efforts and update the Four -Factor Analysis and Language Assistance Plan every Title VI Program cycle or sooner as needed.
Racial Breakdown of Non -Elected Advisory Councils
Beaumont Transit does not select membership to any transit -related, non -elected planning boards, advisory councils or committees, or similar bodies. However, in alignment with its commitment to equitable service delivery, Beaumont Transit prioritizes community engagement and actively considers the input and concerns of the diverse minority populations that comprise a significant portion of its daily ridership.
List of Title VI Investigations, Complaints or Lawsuits Beaumont Transit has not been subject to any Title VI investigations, complaints, or lawsuits related to transit services. The agency will maintain a detailed log of any such occurrences, should they arise in the future. The complete complaint procedure is outlined in Section IV of the implementation plan and the accompanying complaint form is provided in Appendix B.
Appendix E. Appendices A -E of the Title VI Assurances
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 (FHWA), 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 performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability 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. Solicitation 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 the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.
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 or the FHWA 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 or the FHWA, 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 Nondiscrimination provisions of this contract, the Recipient will impose such
contract sanctions as it or the FHWA 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 respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or 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.
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 the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of 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, Nondiscrimination 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 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation 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 the California Department of Transportation 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 California Department of Transportation, its successors and assigns.
The California Department of Transportation, in consideration of the conveyance of said lands and interest 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 California Department of Transportation will use the lands and interests in lands and interest 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, Nondiscrimination in Federally -Assisted Programs of the 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 Lands, 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.) sv•
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 California Department of Transportation 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:
a. 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, the California Department of Transportation 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 a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation 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 California Department of Transportation 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.)
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 the California Department of Transportation 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 from 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 furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, 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 of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to 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 Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.
(*Reverter clause and related Language to be used only when it is determined that such a clause is necessary to make dear the purpose of Title VI.)
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 U.S.C. § 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 I I I of the Americans with Disabilities Act, which prohibit discrimination of 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 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. 1681 et seq)
RESOLUTION NO. 2025-'O(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT
ADOPTING THE TITLE VI IMPLEMENTATION PLAN AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE MASTER AGREEMENT WITH CALTRANS WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance; and WHEREAS, the City of Beaumont, as a Local Public Agency (LPA) receiving Federal Highway Administration (FHWA) funds through the California Department of Transportation (Caltrans), is required to adopt and maintain a Title VI Implementation Plan and execute FHWA Title VI Assurances to remain eligible for federal aid; and
WHEREAS, adoption of the Title VI Implementation Plan and execution of the Master Agreement with Caltrans will ensure compliance with federal nondiscrimination requirements and maintain eligibility for federal aid funding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Beaumont as follows:
1. The City Council hereby approves the City of Beaumont Title VI Implementation Plan as set forth in the attached Exhibit A to this Resolution.
2. The City Manager is hereby authorized to amend the Title VI Implementation Plan as needed to ensure continued compliance with statutory requirements.
3. The City Manager is hereby authorized to execute the Master Agreement — Administering Agency -State Agreement for Federal -Aid Projects with Caltrans.
MOVED, PASSED AND ADOPTED this 2nd day of September 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mike Lara, Mayor
ATTEST:
Elaine Morgan, City Clerk
EXHIBIT A
TITLE VI IMPLEMENTATION PLAN
BEAUMONT
-CALIFORNIA-
TITLE VI
IMPLEMENTATION PLAN
In accordance with the Federal Highway Administration and California Department of Transportation guidelines.
AUGUST 2025
Table of Contents
Title VI Non -Discrimination Policy Statement 2
I. Introduction 3
I I . Organization and Staffing 3
I I I. Program Area Descriptions and Title VI Integration 4 IV. Title VI Complaint Procedures 5
V. Public Participation and Outreach 8
VI. Limited English Proficiency Program 9
VII. Data Collection and Analysis 9
VIII. Annual Assessment 10
IV. Title VI Assurances in Contract Documents and Agreements 10 Appendix A: Non -Discrimination Notice 11
Appendix B: Discrimination Complaint Form 12
Appendix C: Limited English Proficiency and Language Assistance Plan 15 Appendix D: Beaumont Transit Title VI Report 20
Appendix E. Appendices A -E of the Title VI Assurances 29
BEAUMONT
TITLE VI NON-DISCRIMINATION POLICY STATEMENT
The City of Beaumont is committed to ensuring that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any of its programs, services, or activities on the basis of race, color, national origin, sex, age, or disability, in accordance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination laws and regulations.
This policy applies to all City operations, including Public Works programs, services, projects, and activities funded in whole or in part by the Federal Highway Administration (FHWA). It also extends to contractors and consultants acting on the City's behalf in administering programs or services that receive federal financial assistance.
Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d, and related statutes, including 23 Code of Federal Regulations (CFR) pt. 200 and 49 CFR pt. 21.
Elizabeth' Gibbs
City Manager
City of Beaumont
Date
I. Introduction
It is the mission of the City of Beaumont to provide core services that improve the quality of life for all residents.As part of this mission, the City is committed to delivering infrastructure and public services equitably and without discrimination, ensuring that all individuals have access to the benefits of its programs and activities.
The Public Works Department advances this mission through transportation planning, capital improvement projects, maintenance services, and related initiatives. These efforts are supported by a mix of local, state, and federal funding, including aid from the Federal Highway Administration (FHWA).As a sub -recipient of federal funds, the City is required to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance.
This Title VI Implementation Plan outlines the City's responsibilities under this law and any other nondiscrimination legislation. It describes how the City will prevent discrimination, provide meaningful access, and monitor compliance across its federally funded programs and activities. The Plan applies to all City departments, staff, and contractors involved in delivering services or projects supported by federal aid.
II. Organization and Staffing
Ultimate Responsibility
The City Manager, as the City's chief administrative official., is ultimately responsible for ensuring that the City of Beaumont complies with Title VI and related nondiscrimination requirements in all of its programs and activities. This includes full adherence to federal regulations under 23 CFR 200 and 49 CFR 21. All City employees, contractors, and agents must also adhere to the Title VI Policy in the course of performing their duties.
Title VI Coordinator
The City has designated the Administrative Services Director as its Title VI Coordinator (Coordinator).The Coordinator holds a key position within the organization and has direct access to the City Manager to address Title VI matters.This designation ensures that Title VI considerations are integrated throughout City departments and that compliance is maintained for all federally funded activities.
The Coordinator is responsible for managing the City's Title VI Program and implementation of this Plan. Key duties include:
• Preparing and submitting the City's Title VI Plan and required annual updates or reports
• Establishing procedures for the prompt processing and resolution of discrimination complaints based on race, color, national origin, or other protected classifications under Title VI
• Investigating, documenting, and resolving Title VI complaints in accordance with the procedures outlined in this Plan, including maintaining a complaint log and reporting complaints to appropriate state and federal agencies as required • Leading efforts to create, distribute, and promote Title VI information to the public • Coordinating Title VI program development with department directors and Title VI Liaisons
• Supporting the development and implementation of Title VI training programs for City staff
• Assisting departments in identifying and addressing Title VI deficiencies uncovered through self -assessments or monitoring activities
Contact Information — Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email.: [email protected]
III. Program Area Descriptions and Title VI Integration The City of Beaumont's Public Works Department carries out a range of programs and activities that can affect the public, including transportation planning, capital projects, maintenance services, and related initiatives. Title VI nondiscrimination requirements will be integrated into all program areas to ensure equitable service delivery and prevent discrimination in any federally funded activity.
Transportation Planning & Capital. Projects
Includes roadway planning, traffic engineering, and capital improvement project development. Projects are prioritized using objective, non-discriminatory criteria based on
documented community needs. Public input will be considered during planning, and prioritization methods will be reviewed for fairness across all population groups.
Environmental. Review & Right -of -Way (ROW) Acquisition Involves environmental clearance and property acquisition for infrastructure projects.
Environmental justice impacts on minority and low-income populations will be assessed, and relocation assistance will be provided in accordance with federal guidelines.
Demographic tracking and documentation will help support consistent and equitable practices.
Construction & Contracting
Covers the procurement and oversight of public infrastructure projects. Standard nondiscrimination language will be included in federally funded solicitations and contracts.
Construction -related impacts will be monitored to avoid placing undue burdens on any one community, and procedures will be implemented to help ensure fairness in contractor selection.
Public Participation & Outreach
Includes community engagement during planning and project development. Efforts will be made to provide accessible meeting formats and translated materials when needed.
Outreach will be documented to evaluate whether information and opportunities for input reach a broad and diverse audience.
Maintenance & Operations
Encompasses ongoing upkeep of streets, sidewalks, and related infrastructure. Work order response and service delivery will be monitored to help ensure equitable coverage across all neighborhoods. Public notices and service information may be translated based on the needs of the area served.
IV. Title VI Complaint Procedures
How to File a Complaint
Any individual., group, or organization that believes they have been subjected to discrimination on the basis of race, color, national origin, sex, age, or disability in a City of Beaumont Public Works program or activity may file a Title VI complaint.
Complaints must be submitted in writing within 180 days of the alleged incident.The City provides a Title VI Complaint Form (A)Dendix B), available on the City's website, at the Beaumont Civic Center, or upon request by phone, email., or in person.The form and related materials are considered vital documents and are available in English and Spanish, in alignment with the City's Language Assistance Plan and Caltrans LEP guidance.Additional languages may be provided as needed.
To be considered complete, a complaint must include:
• Complainant's contact information
• Date(s) of the alleged discriminatory act(s)
• Details of the alleged discrimination
• Basis for the complaint (e.g., race, color, or national origin) • Signature of the complainant or the complainant's representative Complaints may be submitted to:
Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email.: [email protected]
The complaint form is provided in Appendix B.
Title VI Complaint Processed Under the FHWA
Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub -recipient are to be forwarded to Caltrans to be submitted to the FHWA Division Office. Complaints will be sent within one business day of receipt to the Caltrans Division of Local Assistance, Office of Civil. Rights via email at [email protected].
Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office.The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.
If FHWA Headquarters Office of Civil. Rights (HCR) determines that a Title VI complaint against a sub -recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans.
Caltrans OCR Investigation Process
If the Caltrans Office of Civil Rights (OCR) is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the complaint. If additional time is needed, OCR will call the Complainant and inform them.
If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case.
If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case.A case can also be administratively dosed if the complainant no longer wishes to pursue their case.
OCR will consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaint will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding of compliance or noncompliance with Title VI. A copy of the Letter of Finding will be sent to all parties via the Division Office.
A person may also file a complaint directly with:
Federal Highway Administration
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE
8th Floor E81-105
Washington, DC 20590
California Department of Transportation
Office of Civil Rights
Attention: Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
[email protected]
V. Public Participation and Outreach
The City of Beaumont recognizes that effective public participation is essential to equitable and nondiscriminatory decision -making. Engaging the public, including minority, low- income, and Limited English Proficient (LEP) populations, at key stages of Public Works Department projects and plans helps ensure that a diversity of viewpoints is considered and that no community is disproportionately excluded or adversely affected.This section outlines the City's approach to inclusive public participation, consistent with Title VI and federal guidance.
Goals and Principles
The City's public participation efforts aim to:
1) Notify the public about projects, programs, or decisions in a timely and accessible manner
2) Consult with communities that are affected or interested, including historically underserved populations
3) Involve the public through appropriate forums (such as workshops, public hearings, or surveys) that encourage feedback
4) Consider and respond to public input in the decision -making process Identifying Minority Populations
The City will use demographic and socioeconomic data to identify communities with high concentrations of minority, low-income, and LEP residents, as available and applicable.
Sources may include the U.S. Census Bureau, American Community Survey (ACS), U.S. Bureau of Labor Statistics, U.S. Bureau of Economic Analysis, California Department of Labor, California Employment Development Department, and CalEnviroScreen data provided by the California Office of Environmental Health Hazard Assessment.
Communication and Outreach Methods
The City of Beaumont will use a variety of outreach methods to ensure inclusive and effective public engagement:
Public Notices
Meeting notices and project announcements will be published in local media, posted on the City's website, and on social. media. Notices will be written in plain language and translated into Spanish, consistent with the City's LEP program.
Community Meetings and Workshops
Public meetings will be scheduled at accessible times and locations, and when feasible, in or near affected communities.Virtual meetings may also be used to increase participation.
Interpreters or bilingual staff may be provided by request in advance, subject to availability.
Information Availability
Key project -related information will be made available in advance of decisions, as appropriate and when feasible. Upon request, and if possible, alternative formats will be provided at no cost —for instance, large -print for visually impaired individuals, or translated summaries for LEP persons.
VI. Limited English Proficiency Program
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, requires recipients of federal financial assistance to take reasonable steps to provide meaningful access to their programs and activities for individuals who are Limited English Proficient (LEP). Recipients of federal funding must also conduct a Four -Factor Analysis, develop a Language Assistance Plan (LAP), and implement strategies to ensure that language barriers do not prevent LEP individuals from accessing services.
The Limited English Proficiency and Language Assistance Plan is included as Appendix C.
VII. Data Collection and Analysis
The City of Beaumont will collect, analyze, and maintain demographic data to support its commitment to equitable access to federally funded programs, services, and activities. Data will be obtained from reliable governmental sources responsible for producing and validating demographic, socioeconomic, and environmental information. These sources will include, but are not limited to, the U.S. Census Bureau,American Community Survey (ACS), U.S. Bureau of Labor Statistics, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, California Employment Development Department,
and CalEnviroScreen data from the California Office of Environmental Health Hazard Assessment.
City staff may also collect project -specific demographic data as appropriate during outreach for federally funded projects. Outreach methods may include surveys, posters, emails, social media posts, press releases to local newspapers, and public meetings (virtual and in - person).
Collecting and analyzing this data helps the City determine the characteristics of the communities that are affected by its activities, programs, and services.This, in turn, helps the City provide better, more equitable services. For example, reviewing ACS data on languages spoken by the populations served will help the City identify language needs and prioritize translation services to ensure the public has meaningful access to essential information and opportunities for participation.
VIII. Annual Assessment
The City will develop an annual report of Title VI accomplishments and upcoming goals, including an update to the Title VI Program as needed to reflect organizational or policy changes. The report will include a work plan outlining Title VI monitoring and review activities planned for the upcoming year. The Annual Work Plan will be made available to the public via the City's website or upon request.
IV. Title VI Assurances in Contract Documents and
Agreements
The City will ensure that required Title VI Assurances are included in every federal -aid contract and agreement. Appendices A and E will be included in all cases, with Appendices B, C, and D added when applicable. A complete copy of these assurances is provided in Appendix E.
Appendix A: Non -Discrimination Notice
NON-DISCRIMINATION NOTICE
YOUR RIGHTS AGAINST DISCRIMINATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides 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 subjected to discrimination under any program or activity receiving federal financial assistance.
The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal Law:
• Section 162(a) of the Federal -Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) • Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) • The Civil Rights Restoration Act of 1987 (Public Law 200-209) Any person who believes that they have been discriminated against may file a written complaint with the City of Beaumont within 180 days of the alleged discrimination.
Complaint forms and instructions for filing complaints concerning discrimination are available on the City of Beaumont's website at beaumontca.gov.Title VI Complaint Forms can also be obtained from the front desk at the Beaumont Civic Center.
To file a Title VI discrimination complaint, please use the following contact information:
City of Beaumont - Title VI Coordinator
Attn: Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email: [email protected]
Appendix B: Discrimination Complaint Form
DISCRIMINATION COMPLAINT FORM
The City of Beaumont (City) is committed to ensuring that no person is excluded from participating in or denied the benefits of its services on the basis of race, color, national origin, sex, age, or disability. Complaints must be filed within 180 days from the date of the alleged discrimination. The following information is necessary to assist the City in processing your complaint. If you require any assistance in completing this form, please contact the City's Title VI Coordinator.
When completed, submit the original signed form to:
City of Beaumont — Title VI Coordinator
Administrative Services Director
550 E. 6th Street, Beaumont, CA 92223
Phone: (951) 769-8520
Fax: (951)769-8526
Email: [email protected]
1. Contact Information:
Complainant's Name:
Adress:
City, State, and Zip Code:
Telephone:
2. Are you filing this complaint on your own behalf? ❑Yes ❑No If you answered yes, please go to question #3. If you answered no, please briefly explain why you have filed for a third party:
If you answered no, please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. ❑Yes ❑No
3. Name and position of person(s) that allegedly discriminated against you:
4. Check the box(es) for the type(s) of discrimination that was experienced:
❑ Race ❑Sex
❑Color ❑Age
❑National Origin ❑Disability
❑ Other, Please Specify:
5. Date and place of alleged discriminatory action(s):
Date:
Location:
6. How were you discriminated against?
Describe the nature of the action, decision, or conditions of the alleged discrimination.
Explain as clearly as possible what happened and why you believe your protected status was a factor in the discrimination. Include how other persons were treated differently from you. (Attach additional page(s) if necessary).
7. Please list any person(s) we may contact for additional information to provide further information for your complaint:
8. Has this complaint been filed with any other Federal, State, or local investigative agency? ❑Yes ❑No
If "yes," please provide the following information:
Agency:
Contact Person:
Address:
Telephone No.:
Date Filed:
9. Please provide any additional information that you believe would assist in the investigation:
You may attach any written materials or other information that you think is relevant to your complaint.
Signature of Complainant: Date:
Appendix C: Limited English Proficiency and Language
Assistance Plan
Background
The City of Beaumont has developed this Language Assistance Plan (LAP) to comply with Title VI of the Civil Rights Act of 1964 and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP). Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Moreover, Executive Order 13166 requires all recipients of federal funding to take reasonable steps to ensure that individuals with LEP have meaningful access to programs, services, and activities.
LEP persons refer to those for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.
In accordance with guidance from the U.S. Department of Transportation and the Federal Highway Administration, the City has conducted a Four -Factor Analysis to assess local language needs and identify appropriate language assistance measures. This plan outlines the findings of that analysis and describes actions the City will include to improve language access for LEP individuals.
Four -Factor Analysis
The City conducted a Four -Factor Analysis to assess language needs in its service area, as recommended by the U.S. Department of Transportation. This analysis will be reviewed at least annually and considers the following factors:
1) The number or proportion of LEP persons eligible to be served or likely to be encountered
2) The frequency with which LEP persons come into contact with City programs 3) The nature and importance of the program, activity, or service to people's lives 4) The resources available to the recipient for LEP Outreach
Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered
To assess the number or proportion of LEP persons who may be served or encountered by the City, data from the U.S. Census Bureau's 2023 American Community Survey (ACS) 1 -Year Estimates was analyzed.These data are considered the most current and reliable for understanding the linguistic needs of the City's population.
In line with the U.S. Department of Justice's Safe Harbor provision, which is also accepted by both the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), written translation of vital documents is recommended for each LEP language group that constitutes either 5% or 1,000 persons, whichever is less, of the total population eligible to be served or likely to be affected.
Table 1 presents the number of LEP individuals by language group within the City of Beaumont. According to the ACS data, Spanish is the most prevalent language spoken by LEP individuals, comprising approximately 5.4% of the population, or about 2,701 individuals. No other LEP language group meets or exceeds the 5% or 1,000 -person threshold established under the Safe Harbor provision.
This analysis indicates that Spanish-speaking LEP individuals represent the primary population requiring language assistance services.The City will continue to monitor demographic changes and update its language assistance plan accordingly to ensure compliance and meaningful access.
Table 1 City of Beaumont LEP Populations
Category
Population
Percentage
of
Population
Total population 5 years and over
50,243
100.0%
Speak only English
35,004
69.7%
Spanish: Speak English less than "very well"
2,701
5.4%
French, Haitian, or Cajun: Speak English less than "very well" 0 0.0%
German or other West Germanic Languages: Speak English less than "very well"
0 0.0%
Russian, Polish, or other Slavic languages: Speak English less than "very well"
79 0.2%
Other Indo-European languages: Speak English less than "very well" 98 0.2%
Korean: Speak English less than "very well"
91 0.2%
Chinese (incl. Mandarin, Cantonese): Speak English less than "very well" 457
0.9%
Vietnamese: Speak English Less than "very well"
138
0.3%
Tagalog (incl. Filipino): Speak English Less than "very well" 419
0.8%
Other Asian and Pacific Island Languages: Speak English less than "very well"
47 0.1%
Arabic: Speak English Less than "very well"
223
0.4%
Other and unspecified languages: Speak English less than "very well" 7 0.0%
2023 ACS 5 -Year Estimates, Table C16001: Language Spoken at Home for the Population 5 Years and Over Factor 2: The frequency with which LEP persons come into contact with City programs
While the City has not yet formally collected data on the frequency of contact with Limited English Proficient (LEP) individuals, observations from City staff provide useful insights.The most common point of contact with LEP individuals occurs with the City's front counter staff. Based on staff estimates, Spanish-speaking LEP individuals seek assistance approximately once per day.
The City's Human Resources Department maintains a current list of certified bilingual employees who are available to assist with translation and interpretation needs. While the Public Works Department does not regularly receive requests for language assistance in connection with federally funded programs or projects, translation support will be available when requested in advance and will be provided whenever feasible. Staff will also make reasonable efforts to assist with unscheduled translation needs if qualified personnel are available.
Overall, the City's contact with LEP individuals appears to be infrequent and largely limited to front -counter interactions.Among the LEP populations served, Spanish is the most commonly spoken Language. The City will continue to monitor contact frequency and adapt its language assistance measures as necessary to ensure meaningful access to services.
Factor 3: The nature and importance of the program, activity, or service to people's lives
The City of Beaumont's Public Works Department provides essential services that directly impact the daily lives of residents, including transportation improvements, public infrastructure projects, and ongoing maintenance of streets and sidewalks. Some of these services are supported by federal funding and play a key role in community safety, mobility, and access.
Public infrastructure and transportation services are closely tied to broader quality -of -life outcomes.These programs support safe and reliable travel, connect people to jobs, education, and services, and contribute to healthier communities through improved air quality, reduced runoff, and support for active transportation options like walking and bicycling. While requests for language assistance related to federally funded projects have been infrequent, more than 5% of the City's population is Limited English Proficient.These individuals may rely on the City's services to navigate their neighborhoods, access essential services, and participate in civic life.Acknowledging the importance of these programs helps ensure they remain accessible and responsive to the needs of all residents.
Factor 4: The resources available to the recipient for LEP outreach The City of Beaumont recognizes the importance of providing meaningful access to public services and information for individuals with Limited English Proficiency (LEP). While current outreach efforts are limited, this Language Assistance Plan outlines reasonable steps the City will include to enhance access based on identified needs and available resources.
The following language assistance strategies will be included as part of the LAP:
Translation of Vital Documents
In accordance with federal guidance, the City will translate Title VI vital documents into Spanish, the primary language spoken by the City's LEP population. These documents include the Title VI Notice of Rights, the Title VI Complaint Form and instructions, and public notices related to federally funded Public Works projects. For longer or technical materials, translated summaries may be provided when appropriate. Other language translations may be considered upon request.
Oral Interpretation Support
The City will identify opportunities to provide interpretation at public meetings when requested in advance. This may involve the use of bilingual staff, when qualified and available, or professional interpretation services depending on the language and setting.
Bilingual Staff Directory
The City will coordinate with the Human Resources Department to maintain a current list of staff who self -identify as bilingual and are willing to assist with basic communication needs. This list will be updated periodically and made available to departments likely to interact with LEP individuals.
Signage and Public Notices
Informational signage stating that free language assistance is available will be posted at public counters and included in outreach materials. Public notices may include information in Spanish on how to request translation or interpretation.
Title VI Webpage Section
A dedicated section on the City's existing website will be created to house Title VI and LEP- related information.This section will include the City's Title VI Notice, Complaint Form, Language Assistance Plan, and translated materials, along with instructions on how to request language assistance.Additionally,the City's website features a built-in translation tool to assist non-English speakers in accessing general information.
Plan Monitoring and Updates
The City of Beaumont will review and update this Language Assistance Plan (LAP) as needed to reflect changing demographics, program changes, or resource availability. To meet the requirements of FHWA and Caltrans, an annual assessment will be conducted to determine if modifications are necessary to ensure meaningful access to projects and services for LEP persons.
City staff may also document requests for translation or interpretation services, complaints related to language access, and public input on outreach effectiveness.These efforts will help determine whether additional measures are needed to ensure meaningful access for Limited English Proficient (LEP) individuals.
The LAP is intended to be a living document and may be modified in response to community feedback, service delivery needs, or updated federal. guidance.
Appendix D: Beaumont Transit Title VI Report
Introduction
The Beaumont Transit Title VI Report serves as an appendix to the City of Beaumont's broader Title VI Implementation Plan. This report outlines how the City of Beaumont Transit Department ("Beaumont Transit") upholds the principles of Title VI of the Civil Rights Act of 1964 and other nondiscrimination regulations at the state level by ensuring equitable, accessible, and nondiscriminatory transit services for all members of the community.
Beaumont Transit provides fixed -route and paratransit services within Beaumont and neighboring communities, operating a revenue fleet of 22 buses. Beaumont Transit is not a direct recipient, or sub -recipient, of funding from the U.S. Department of Transportation (DOT) or the Federal Transit Administration (FTA) and is not submitting this report for federal compliance. However, it does receive state -administered transit funding through the Riverside County Transportation Commission (RCTC). To guide the development of this report, Beaumont Transit used the FTA's Title VI program guidelines, as outlined in Circular 4702.1B, to ensure its service standards are consistent with industry best practices and comparable to those of other transit agencies statewide and nationwide.
Although not required, Beaumont Transit viewed this as an opportunity to evaluate how well transit services support equity and access for all riders and to establish dear service standards consistent with Title VI principles. This report, together with the City's Title VI Implementation Plan, reflects Beaumont Transit's ongoing commitment to fairness, transparency, and accessibility in its transit operations.
System -Wide Service Standards
Vehicle Load Standards
Vehicle load refers to the ratio of passengers on board to the number of available seats.
When loads become high enough to cause overcrowding, additional service may be considered to support equitable access and maintain a reliable rider experience. The figures below represent the maximum number of passengers allowed, which includes both seated and standing capacity.
To ensure fair and consistent service, the average passenger load during peak periods should not exceed the maximum load factor shown for each vehicle type.These standards are based on the specific seating and standing capacities of each vehicle model in Beaumont Transit's fleet.
Length
(feet)
Year
Built
Manufacturer
Model
Seating
Capacity
Standing
Total
Maximum
Load
Factor
40 2015
El Dorado National
XHF 40
43 13
56 1.3
24 2016
Ford
E-450
20 6
26 1.3
33 2016
Ford
F-550
30 9
39 1.3
32 2018
El Dorado National
EZ-RIDER
30 15
45 1.5
25 2019
Greenpower
EV Star
10 0
10 1.0
33 2019
Ford
F-550
28 8
36 1.3
32 2023
El Dorado National
EZ-R�DER
27 13
40 1.5
32 2024
El Dorado National
EZ-R�DER
27 13
40 1.5
Vehicle Headways
Vehicle headway refers to the amount of time between buses operating on the same route.
Headways are determined based on service demand, scheduling constraints, fiscal capacity, and available vehicles. Longer headways may indicate lower demand or limited resources, while shorter headways are generally provided on higher -ridership routes.
For demand -response services such as Dial -A -Ride (paratransit), headways vary by trip request and are not fixed. For fixed -route service, the current scheduled headways are listed in the table below.
Monitoring and maintaining appropriate headways support the agency's commitment to equitable service delivery by helping ensure reasonable wait times across all communities served.
Frequency (minutes)
Route
Weekday
Saturday
Route 3
60 N/A
Route 4
60 N/A
Route 3/4
N/A
60 Route 7
40-45
N/A
Route 9
40-45
N/A
Casino Express
40-80
N/A
Commuter link 120
30-60
120
Commuter link 125
135
N/A
On -Time Performance
Beaumont Transit considers a trip on time if it departs no more than one minute early and arrives no later than five minutes past the scheduled time. The performance target is set at 85%, with a goal of reaching 90% on -time performance. Monitoring on -time performance helps ensure consistent and reliable service delivery for all riders.
Service Availability
Beaumont Transit provides fixed -route bus service to areas with residential neighborhoods, medical facilities, shopping centers, government offices, employment sites, and other destinations that can support regular transit use. Service is concentrated along major roads in areas of higher density and transit demand, including historically underserved communities.
Most bus stops are spaced about one -quarter mile apart. However, this spacing may vary based on land use, pedestrian access, and safety conditions. Beaumont Transit also offers Dial -A -Ride (paratransit) service for individuals with disabilities within the service area, providing accessible transportation for those who may not be able to use regular bus routes.
Ongoing service improvements are guided by ridership patterns, community feedback, and local planning studies.These efforts help ensure that transit services remain responsive to the needs of Beaumont's diverse population and are distributed equitably across the service area.
Transit Amenities
Beaumont Transit provides and maintains various transit amenities at bus stops to enhance the comfort and convenience of riders. These amenities include benches, shelters, trash receptacles, and clearly marked signage.
At a minimum, all designated bus stops within the service area have signage. Additional amenities, such as benches and shelters, are installed based on factors including passenger boarding activity, proximity to major destinations or landmarks, and whether the stop serves as a key transfer point. Higher -use stops are prioritized for these enhancements.
To promote equitable access, Beaumont Transit considers demographic characteristics, land use, and community needs when prioritizing stop improvements.
All new transit amenities are installed in compliance with the Americans with Disabilities Act (ADA) to ensure accessibility for all passengers. Outside the City of Beaumont, the placement of amenities is the responsibility of the local jurisdiction.
Beaumont Transit maintains clean, safe, and accessible waiting areas for all riders as part of its ongoing effort to improve accessibility, equity, and the rider experience.
Vehicle Assignments
Beaumont Transit's fleet includes 20 compressed natural gas (CNG) buses for fixed -route service and 2 electric vehicles (EVs) used for Dial -A -Ride. All vehicles are ADA-compliant, equipped with wheelchair lifts or ramps, and feature air conditioning and heating to ensure passenger comfort in all weather conditions. Fixed -route buses are also outfitted with bike racks, allowing passengers to combine biking with transit.
To ensure cleanliness and rider comfort, all vehicles receive interior cleaning at least twice a month, with daily light cleaning performed during regular service hours.
Vehicle assignment is based on service type, with fixed -route vehicles assigned to major routes and EV shuttles used for demand -response trips.These practices ensure that all riders have access to dean, accessible, and well-equipped vehicles, regardless of where or how they travel in the system.
Public Participation Plan
The strategies outlined here reflect Beaumont Transit's commitment to inclusive public engagement in transit -related decisions, especially for minority, low-income, Limited English Proficient (LEP), elderly, and disabled populations.
Public Participation Strategies
To ensure meaningful access to decision -making, Beaumont Transit will:
• Ensure Language Accessibility: Key public information will be provided in English and Spanish. Translation and interpretation services will be offered upon request and when feasible.
• Promote Widespread and Equitable Notification: Meetings and updates will be shared through multiple channels, including onboard notices, flyers at key stops, the City website, social media, local media, and community -based organizations. • Hold Accessible Public Meetings: Public meetings will be held in ADA-compliant, transit -accessible venues and scheduled at convenient times.Virtual options will be offered when possible.
• Engage Through Community Partnerships and Events: Transit staff will participate in community events such as health fairs, school functions, and senior center activities.
When appropriate, staff may also ride bus routes or host pop-up events to engage directly with the public. Partnerships with local organizations (e.g., senior centers, schools, libraries, and Transportation NOW) will be used to expand outreach. • Gather Community Feedback: Rider surveys, comment forms, and informal feedback will be used to shape policies and service decisions. Outreach materials will reflect Title VI protections and invite public input from all groups.
Limited English Proficiency (LEP) Plan
Beaumont Transit follows the City of Beaumont's Language Assistance Nan (LAP), included in A»endix C of this Title VI Implementation Plan. That plan outlines the City's responsibilities for providing meaningful access to services for Limited English Proficient (LEP) individuals in accordance with Executive Order 13166 and Title VI of the Civil. Rights Act of 1964.
This section provides transit -specific provisions that support and supplement the City's LAP.
It summarizes how Beaumont Transit assesses local language needs, identifies service barriers, and implements language assistance measures specific to transit services and riders.These strategies are informed by demographic data, rider surveys, and direct staff interactions with LEP individuals.
Four -Factor Analysis
Factor 1: LEP Population in the Service Area
To supplement the City's Four -Factor Analysis included in Appendix C, Beaumont Transit reviewed local data to identify language needs specific to transit users. While Spanish is the most common non-English language in the community overall, Beaumont Transit further analyzed its rider population to assess whether transit -dependent LEP individuals may differ from the general population.
A 2020 rider survey gathered demographic and language -related data from fixed -route passengers to better understand the linguistic makeup of the transit system's active user base.
Survey highlights include:
• Race/Ethnicity: 26% of riders identified as White/Caucasian, 36% as Hispanic/Latino, 27% as Black/African American, and 8% as Asian/Pacific Islander. • Primary Language Spoken: 85% of respondents reported English as the language spoken most often, followed by 30% reporting Spanish, and 5% reporting other languages.
• Self -Rated English Proficiency: 89% said they spoke English "very well" or were native speakers; 11% stated they spoke English less than "very well." These results confirm that Spanish-speaking individuals with limited English proficiency represent a substantial portion of Beaumont Transit's ridership. Internal feedback from dispatch and customer service staff further validates this, with Spanish being the most commonly encountered non-English language in daily operations.
No other language group meets the federal threshold of 5% or 1,000 persons, nor does any other group regularly engage with the agency at a level requiring targeted services.
Nonetheless, Beaumont Transit accommodates other language needs upon request and when feasible.
Given this analysis, Beaumont Transit prioritizes Spanish -language access through bilingual staff support and written translations of essential transit information to ensure meaningful service for LEP individuals.
Factor 2: Frecuency of Contact with LEP Individuals
Beaumont Transit staff, including bus operators, dispatchers, and customer service representatives, report frequent contact with Spanish-speaking individuals who have
limited English proficiency. These interactions occur regularly on fixed -route buses and through the dial -a -ride reservation system. Common topics include schedules, fares, and route information.
Spanish is also commonly used during customer service calls and at outreach events such as community fairs, senior center visits, and travel training sessions. Staff feedback and rider surveys confirm that many transit -dependent passengers prefer to communicate in Spanish. In contrast, contact with speakers of other non-English languages is infrequent and does not currently justify expanded language services for those groups.
Because Spanish is consistently used in essential interactions, Beaumont Transit will prioritize providing key information in Spanish.This includes translated notices and alerts, as well as bilingual support in person and over the phone.
Factor 3: Importance of Transit Services
Public transportation plays a critical role in the daily lives of Limited English Proficient (LEP) individuals, many of whom rely on it as their primary means of mobility. According to Beaumont Transit's 2020 rider survey, 70.5% of respondents indicated that an automobile was not available for the trip they were making, and 30% reported that no working vehicle was available in their household. When asked how they would have traveled if the bus was not available, 38.5% said they would walk, while 19.6% stated they would not have made the trip at all.
These findings demonstrate that transit service is essential to ensuring equitable access to opportunities for LEP riders. Riders reported using the bus for a range of purposes, including commuting to work, attending school, accessing medical care, and shopping for basic needs.The consistent reliance on transit for such vital activities underscores the importance of maintaining accessible, inclusive, and reliable transportation options for LEP populations.
Factor 4: Resources and Cost
Beaumont Transit is a small municipal transit agency with a limited operating budget; however, many language assistance services for LEP individuals can be implemented at a reasonable cost.The agency is committed to taking reasonable steps to provide meaningful access to its programs and services for all riders, including those with limited English proficiency.
The City currently employs bilingual (English/Spanish) staff in key frontline positions, including customer service representatives and bus operators.These internal resources are
leveraged to assist Spanish-speaking LEP individuals without incurring significant additional costs. Bilingual staffing levels include:
• Bus Operators: 33% are bilingual in English and Spanish • Administrative staff (including customer service): 75% are bilingual in English and Spanish
Written brochures, flyers, and notices are translated in-house by bilingual staff. Where possible, Beaumont Transit also leverages translated materials from peer agencies and utilizes low- or no -cost tools such as Google Translate on the City's website to enhance language access. While the agency does not track all language access costs line by line, it monitors expenditures such as bilingual staff pay and basic translation services. Based on this data, Beaumont Transit estimates that its LEP-related efforts comprise less than 1% of the agency's total operating budget.
Beaumont Transit will continue to evaluate local language needs using data from the U.S.
Census, rider surveys, and staff observations. These efforts help ensure the agency maintains an appropriate level of language assistance in line with available resources and community needs.
Language Assistance Plan
Beaumont Transit follows the City of Beaumont's Limited English Proficiency (LEP) Nan, included as Appendix C of this Title VI Implementation Plan.The following transit -specific provisions reflect Beaumont Transit's efforts to ensure meaningful access to transit services for individuals with limited English proficiency —particularly Spanish-speaking riders, who represent the largest LEP population in the service area.
1. Written Translations
Beaumont Transit will provide Spanish translations of vital transit documents, including:
• Title VI notices and complaint forms
• ADA paratransit applications
• Additional materials will be translated upon request and when feasible
2. Oral Interpretation
Spanish-speaking staff will be available at the Transit Office and via phone to assist Spanish-speaking riders. Bus operators and dispatchers will be trained to recognize language needs and to connect riders with bilingual staff as needed.
3. Digital Access
The Beaumont Transit website will feature an integrated translation tool for access in multiple languages. Important announcements, including service changes or emergencies, will be posted in Spanish on social media and the website when applicable.
4. Public Outreach and Meetings
Public meeting notices, flyers, and outreach materials will be distributed in both English and Spanish. Interpreter services will be provided at public meetings upon advance request and when feasible.
5. Emergency Communications
During service disruptions or emergencies, Beaumont Transit will issue bilingual alerts through social media, onboard signage, and printed notices to ensure all riders receive timely and accessible information.
6. Monitoring and Updating the LEP Plan
The Title VI Coordinator will monitor the effectiveness of Language assistance efforts and update the Four -Factor Analysis and Language Assistance Plan every Title VI Program cycle or sooner as needed.
Racial Breakdown of Non -Elected Advisory Councils
Beaumont Transit does not select membership to any transit -related, non -elected planning boards, advisory councils or committees, or similar bodies. However, in alignment with its commitment to equitable service delivery, Beaumont Transit prioritizes community engagement and actively considers the input and concerns of the diverse minority populations that comprise a significant portion of its daily ridership.
List of Title VI Investigations, Complaints or Lawsuits Beaumont Transit has not been subject to any Title VI investigations, complaints, or lawsuits related to transit services. The agency will maintain a detailed log of any such occurrences, should they arise in the future. The complete complaint procedure is outlined in Section IV of the implementation plan and the accompanying complaint form is provided in Appendix B.
Appendix E. Appendices A -E of the Title VI Assurances
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 (FHWA), 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 performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability 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. Solicitation 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 the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability.
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 or the FHWA 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 or the FHWA, 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 Nondiscrimination provisions of this contract, the Recipient will impose such
contract sanctions as it or the FHWA 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 respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or 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.
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 the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of 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, Nondiscrimination 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 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation 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 the California Department of Transportation 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 California Department of Transportation, its successors and assigns.
The California Department of Transportation, in consideration of the conveyance of said lands and interest 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 California Department of Transportation will use the lands and interests in lands and interest 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, Nondiscrimination in Federally -Assisted Programs of the 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 Lands, 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.)
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 California Department of Transportation 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:
a. 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, the California Department of Transportation 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 a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation 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 California Department of Transportation 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.)
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 the California Department of Transportation 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 from 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 furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, 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 of the above Non-discrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to 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 Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.
(*Reverter clause and related Language to be used only when it is determined that such a clause is necessary to make dear the purpose of Title VI.)
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 U.S.C. § 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 I I I of the Americans with Disabilities Act, which prohibit discrimination of 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 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. 1681 et seq)
Local Assistance Procedures Manual Exhibit 4-C
Master Agreement -- Federal -Aid Projects
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT
FOR
FEDERAL -AID PROJECTS
City of Beaumont
District Administering Agency
Agreement No.
This AGREEMENT, is entered into effective this day of , 20 , by and between AGENCY NAME, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:
1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and
3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
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ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project specific " Authorization/Agreement Summary ", herein referred to as " E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).
2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities fmanced in part with federal -aid funds as more fully -described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).
3. The E -76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD).
ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).
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Master Agreement
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".
9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project - specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on State-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY.
Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES
11. If PROJECT involves work within or partially within State-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.
12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project -specific PROGRAM SUPPLEMENT.
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Master Agreement
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.
16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds.
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit -A) attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached here to). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY
ARTICLE H - RIGHTS OF WAY
1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by
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Master Agreement
PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non- profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24.
The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR, Part 24.
6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT,
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ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).
2. STATES financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.
3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State.
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Master Agreement
Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement.
ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.
12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E- 76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bi11 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated
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within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual PROJECT cost items.
20. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
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24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND
REPORTS,
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:
a. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
b. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.
c. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.
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2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.
4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
10. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal
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evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.
11. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.
12. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
13. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
14. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.
15. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE.
If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT
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completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
16. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.
17. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
18. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers.
STATE OF CALIFORNIA ADMINISTERING AGENCY NAME
DEPARTMENT OF TRANSPORTATION
By By
Chief, Office of Project Implementation Representative Name & Title Division of Local Assistance (Authorized Governing Body Representative) Date Date
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EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.