City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve the submission of the Family Self
Sufficiency Program Grant to the U.S. Department of Housing and Urban Development.
BACKGROUND:
Family Self Sufficiency Program
The Cranston-Gonzales National Affordable Housing Act (Act) of 1990, Section 554,
enacted the Family Self Sufficiency (FSS) Program which is implemented by the U. S.
Department of Housing and Urban Development (HUD). This act set forth a new
direction for Public Housing Agencies/Authorities across the country. FSS is a voluntary
program designed to enable families receiving Section 8 rental assistance to become
economically independent from all forms of public assistance within a five (5) year time
frame. Using housing as a stabilizing force, the FSS Program connects families to
needed supportive services, such as educational and vocational training, transportation
and childcare and other identified support services to enable the participants to focus on
activities and experiences that enhance the participant’s ability to succeed in the
workplace. Additionally, the FSS Program carries a financial incentive in the form of the
establishment of an escrow account which the family receives upon their graduation
from the program.
Meeting Date: 06/09/2008 Item Number: C-4
AGENDA ITEM: Approval of the Submission of the Family Self Sufficiency (FSS)
Program Coordinator Grant to the United States Department of Housing and Urban
Development (HUD).
Contact Person/Dept.: Mona Karroum or
Tevis Barnes
Phone Number: 310-253-5782
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: St. Joseph’s Center (06/02/08) Master E-Mail Notification List (06/02/08)
Department Approval:
Sol Blumenfeld (5/22/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/02/08)
Fiscal Impact Review:
Jeff Muir (by M. Noller) (06/04/08)
City Manager Approval:
Jerry B. Fulwood (06/04/08) City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
Family Self Sufficiency Coordinator Grant
Without a significant increase in training, education, employment and support services,
the situation for low-income households is expected to remain the same or decline.
Understanding these economic and social realities, the Culver City Housing Agency
(CCHA) is committed to providing programs and progressive options for empowering
and improving the lives of those we serve. Based on this premise, the CCHA
recommends the City Council approve the submission of the FSS Coordinator Grant
application for $64,909 to HUD to support the efforts of the FSS program.
The Revised Continuing Appropriations Resolution of 2008 allows funding for program
coordinators under the Section 8 Housing Choice Voucher (HCV) FSS program under
Section 23 of the United States Housing Act of 1937. Through the annual Notice of
Funding Availability (NOFA), HUD provides funding to public housing agencies (PHAs)
that are operating Section 8 HCV FSS programs to enable those PHAs to employ
program coordinators to support their Section 8 HCV FSS programs. For 2008, this
NOFA announces the availability of approximately $49,000,000 nationwide.
A funding maximum of $66,000 is available for each full-time FSS coordinator position.
Salaries are based on local comparables. Additionally, there is a limitation on Renewal
Funding Increases. For renewal coordinator positions, PHAs will be limited to a one
percent (1%) increase above the amount of the most recent award for the position.
Submission of the grant requires information on FSS program status and
accomplishments as well as the funding amount requested. The application also
includes a “logic model” which projects program goals and services for the coming year.
Additionally, the CCHA will submit a narrative outlining current program status and
recruitment efforts and a narrative expressing the CCHA’s mission to affirmatively
further fair housing.
Electronic application submission is mandatory unless an applicant requests, and is
granted, a waiver to this requirement. The funds available under this NOFA are being
awarded based on demonstrated performance. Applications are reviewed by the local
field office and Grants Management Center (GMC) to determine whether or not they are
technically adequate based on the NOFA requirements. Field offices will provide to the
GMC information needed by the GMC to make its determination.
It is anticipated that award announcements will take place in the fall of 2008.
Successful applicants will receive an award letter from HUD. Funding will be provided
to successful applicants as an amendment to the Section 8 Annual Contribution City of Culver City, California
City Council Agenda Item Report
Contract (ACC) of the applicant PHA. Unsuccessful applicants will receive a notification
of rejection letter from the GMC that will state the basis for the decision.
Status- Culver City FSS Program
The FSS Program Coordinator is responsible for the following activities:
• Conducting intake interviews
• Assessing the skills, abilities, needs, resources of families
• Identifying realistic goals and developing tasks and milestones to accomplish
goals
• Identifying and coordinating resources and services needed by the family
• Monitoring and documenting the family’s progress to goals in the client’s contract
• Coordinating/conducting recruitment of FSS participants
• Organizing economic-enrichment seminars such as preparing for
homeownership, consumer credit counseling, and job interview skills
• Conducting a survey to determine the program success
Since 1999, the CCHA has applied for and been awarded funding by HUD for the FSS
program. In the aggregate, these awards have totaled over $457,000. For Calendar
Year (CY) 2006 the CCHA was awarded $63,630 and for CY 2007 the CCHA was
awarded $64,266. Please note that since 2005, HUD no longer functions under a Fiscal
Year, but a Calendar Year.
Through the years, the CCHA has witnessed success with its FSS Program. A total of
forty (40) households have participated, and of this number twelve (12) have graduated
and completed their FSS COP. Some of these households have secured better
employment and many have received degrees from institutions of higher learning.
Additionally, thirty-four (34) households have generated escrow accounts, which is an
indication of increase in wage earned income. These escrow accounts have totaled
over $94,143.87 with some being as high as $27,780.40.
Through the submission of this grant to HUD, the CCHA hopes to be awarded
approximately $64,909 for CY 2008 (which reflects the HUD allowed one percent
increase over the previous year’s award). This amount covers one (1) full time position
as an FSS Coordinator. On January 7, 2008 the Council approved a contract with St.
Joseph’s Center (SJC) to function as Culver City’s FSS Coordinator.
FISCAL ANALYSIS:
Since 1999, the CCHA has applied for and been awarded funding for the FSS Program.
If awarded by HUD, the CCHA will secure $64,909 in funding to support one (1) full time
position to administer the FSS Program. City of Culver City, California
City Council Agenda Item Report
In the unlikely event the grant is not awarded for Calendar Year 2009, staff will return to
the City Council with potential options to fund this program from other sources or
provide the City Council with an opportunity to consider disbanding the program
ATTACHMENT:
1. Family Self Sufficiency Grant Application
MOTION:
That the City Council:
1. Approve the submission of the Family Self Sufficiency Program Grant to the U.S.
Department of Housing and Urban Development.
2. Authorize the City Manager to execute the necessary documents, including any
required budget transfer(s), should the grant be awarded.
ATTACHMENT COVER SHEET
Meeting Date: June 9, 2008
Item: Approve the submission of the Family Self Sufficiency (FSS)
Program Coordinator Grant to the United States Department
of Housing and Urban Development (HUD).
Attachments:
Pages
1. FSS Grant
1-14Po±ot,Gh ri+
Housing Choice Voucher
(HCV) Family Self-
Sufficiency (FSS)
Program Coordinator
Funding
U.S. Department of Housing
OMB Approval No. 2577-0178
and Urban Development
Exp. (07/31/2010)
Office of Public and Indian
Housing
Public reporting burden for this collection of information is estimated to average 0.75 hours. This includes the time for collecting,
reviewing, and reporting the data. Information provided is to determine the eligibility of the applicant for funding for the salary of a
program coordinator. HUD uses the information to determine eligibility of the applicant to receive funding. information Is required
to obtain benefit under 24 CFR 982.302(b). The information is subject to the confidentiality requirements of the HUD Reform
Legislation. This agency may not collect this information, and you are not required to complete this form unless it displays a
currently valid OMB control number.
PART I: General Information. (To be completed by all applicants.)
Applicant Category: Moving-to-Work PHA? DUNS Number of Applicant:
063833651
Funding Request
for Fiscal Year: 2008 il Renewal 0 New
• Yes "q No
A. PHA Legal Name (For joint applicants, lead PHA name): Culver City Housing Agency
Address: 9770 Culver Boulevard
City: Culver City County: Los Angeles
State: California Zip Code: 90232
PHA Number of Applicant: CA-110
B. PHA Legal Name for Each Joint Applicant (if Applicable). Note: Use Additional pages if necessary.:
Address:
City: County:
State: Zip Code:
PHA Number of Applicant
C. Evidence demonstrating salary comparability to similar positions in the local jurisdiction for each
position requested is on file at the PHA.
EZ Yes • No
D. The applicant requests consideration for the following preference categories under this NOFA:
Homeownership Colon i as: Other - Specify Category (If applicable under this NOFA):
El Yes 0 No • Yes No •
E. Name and telephone number of person most familiar with application:
Name Mona Karroum Telephone Number 310-253-5795
Page 1 of 4
form HUD-52651
(10/2006).immir PART II: Homeownership Information. (To be completed by all applicants.)
The PHA applicant
that serves
If yes, provide
A. Name
B. The total
C. Number
between
currently administers
HCV FSS families.
information requested
of qualifying homeownership
or participants in a HCV Homeownership program or another homeownership program
• Yes .n No
in A — C below:
program or programs:
homeownership
number of HCV FSS families enrolled in homeownership preparation activities in the qualifying
program/programs identified above as of the publication date of the current NOFA:
1. HCV homeownership program
2. Other qualifying homeownership programs
of HCV FSS program participants and graduates that purchased homes
October 1, 2000 and the publication date of the current NOFA:
1. HCV homeownership program
2. Other qualifying homeownership programs
PART III: PHA Applicant Program Status and Accomplishments. (Renewal PHAs Only)
A. Program
B. Program
C. Program
NOFA:
Status:
1. The applicant qualifies as an eligible renewal PHA under the NOFA. ... Yes No
2. The PHA has filled each position for which it is seeking renewal funding. I Yes No
3. The applicant has submitted reports on participating families to HUD via A Yes No
the form HUD-50058, Family Self-Sufficiency/Welfare-to-Work Voucher Addendum.
accomplishments as of the publication date of the current NOFA:|1010|1.
Total HCV FSS families under FSS Contract.|109| 2 .
The number of HCV FSS program participants with an escrow account balance
greater than zero.
accomplishments for the period from October 1, 2003 through the publication date of the current
1. 6 The number of HCV families that successfully completed their FSS contracts.
2. 1 The number of those graduates that no longer needed rental subsidy.
3. 14,133
The average escrow account distribution paid to families.
Page 2 of 4
form HUD-52651
(10/2006)
Cl-Position Type 'H'
or 'R' *
Salary Requested,
Including Fringe Benefits**
A. Total Requested
1. Total number of new and renewal positions requested in this application.
2. $64,909.00
Total $ requested.
PART IV: Funding/Positions Requested. (Renewal PHAs Applicants Only)
For both renewal of currently funded positions and requests for new positions, provide the
Information below for each position requested. Use additional pages as needed.
A. Renewal Positions - Funding requested to continue currently funded positions: (List FSS homeownership
coordinators and regular FSS coordinators separately.)
FY Last
Funded
Salary Amount
Last Funded
Position
Type 'H'
or 'R' *
Salary
Requested
Per Position **
Number of
Positions
Requesting an
increase above
percent allowed
in the NOFA?
'Y' or 'N'***
2007 64,266 R $64,909.00 1 N
B. New Positions - Funding requested by coordinator type and salary level (If applicable. Refer to most recent
FSS NOFA for maximum new positions that can be funded in the current year.) If more than one position,
list each separately.
* Type: R= Regular, H=Homeovvnership
** Salary awards will not exceed the cap per position stated in the most recent NOFA.
*** For any renewal position, where the applicant is requesting a percentage increase above the
amount provided for in the current NOFA, the applicant must comply with justification
requirements in the current FSS NOFA.
Page 3 of 4
form HUD-52651
(10/2006)Number of
Positions
Salary Requested,
including Fringe Benefits**
PART V: Application Information. (New PHA Applicants Only.)
A. FSS Action Plan Information:
HCV FSS program size in the HUD-approved Action Plan. (For Joint applications,
provide total approved slots for all participating PHAs.)
B. Position/Salary Requested:
C. Total Requested.
1. Total number of positions requested.
2. Total $ requested.
** Salary awards will not exceed the cap per position stated in the most recent NOFA.
Page 4 of 4 form HUD-5265I
.(I0/2006)OMB Number 4040-0004
Expiration Date: 01131/2009
Application for Federal Assistance SF424 Version 02
• 1. Type of Submission:
p Preapplication
Application
• 2. Type of Application: • If Revision, select appropriate letter(s):
New
' Other (Specify)
X Continuation X Application
0 ChangecUCorrected Revision
• 3. Date Received: 4. Applicant identifier
Completed by Grants.gov upon submission. I
5a. Federal Entity identifier • 5b. Federal Award Identifier
CA110 CA110F5F003
State Use Only:
5. Date Received by 7. State Application Identifier: State: I
8. APPLICANT INFORMATION:
• a. Legal Name: Culver City Housing Agency
' b. Employer/Taxpayer Identification Number (EINTTIN): *c. Organizational DUNS:
956000701 063833651|1010|d. Address:
• Streett
Street2:
* City:
County:
*State:
Province:
• Country:
• Zip / Postal Code:
9770 Culver Blvd.
Culver City
Los Angeles
CA: California
USA: UNITED STATES
9 o 232
e. Organizational Unit:
Department Name: Division Name:
!Community Development !Housing
f. Name and contact Information of person to be contacted on matters Involving this application:
Prefix: Ms . I • First Name:
Mona
Middle Name:
• Last Name: Karroum
Suffix:|1010|Title: Housing Specialist
Organizational Affiliation:
* Telephone Number: 310- 253 -5780 Fax Number 310-253-5785
* Email: mona .karrournu nculvercity. orgOMB Number 4040-0004
Expiration Date: 01131/2009
Application for Federal Assistance SF-424
Version 02
9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):|1010|* 10. Name of Federal Agency:
US Department of Housing and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14.871
CFDA Title:
Section 8 Housing Choice Vouchers
" 12. Funding Opportunity Number:
FR-5200-N-03
' Title:
Housing Choice Voucher Family Self -Suff iciency
13. Competition Identification Number:
HCV-FSS- 03
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Culver City
* 15. Descriptive Title of Applicants Project:
Culver City Family Self -Sufficiency Coordinator
Attach supporting documents as specified in agency instructions.
lAddAl(achmetflsj
rig040.:t*.#####A
ViewM c1 ents--
•OMB Number: 4040-0004
Expiration Date : 0113112009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
• a. Applicant 32nd • b. Program/Project ICA-032
Attach an additional list of Program/Project Congressional Districts if needed.|109| ., ... „ ItStI-0416iii-Od -livrit- r,
17. Proposed Project:
• a. Start Date: 07/01/2008 * b. End Date: 06/3 0/2009
18. Estimated Funding ($)!
• a. Federal
Applicant
` c. State
* d. Local
• e. Other
• f. Program Income
*g. TOTAL
64,909.00
0_001
0.001
0.00
0.00
0. 00
64,909.00
*19. Is Application
a. This application
Subject to Review By State Under Executive
was made available to the State under
to E.O. 12372 but has not been selected
covered by E.O. 12372.
Order 12372 Process?
the Executive Order 12372 Process for review on
by the State for review. X b. Program is subject
c. Program is not
• 20. Is the Applicant
D Yes X
Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
No
21. `By signing this
herein are true, complete
comply with any resulting
subject me to criminal,
application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements
and accurate to the best of my knowledge. I also provide the required assurances** and agree to
terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency
10 ** I AGREE
** The list of certifications
specific instructions.
Authorized Representative:
Prefix: Ms. * First Name: Tevis
Middle Name:
* Last Name: Barnes I
Suffix:
• Title: Culver City Housing Administrator I
' Telephone Number 310_253_5750 Fax Number:
310-253-5785
• Email: tevis.barnes@culvercity.org
• Signature of Authorized Representative: 'Completed by Crantsgov upon submission. * Date Signed: Completed by Grants.gov upon submission
Authorized for Local Reproduction
Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A-102
,
1OMB Approval No. 2510-0011
(exp. 0813112009)
U.S. Department of Housing
and Urban Development
Applicant/Recipient
Disclosure/Update Report
Applicant/Recipient Information • Duns Number:
1063833651 *Report Type: INITIAL
1. Applicant/Recipient Name, Address, and Phone (include area code):
* Applicant Name:
Culver City Housing Agency
• Street1:
Street2:
* City:
County:
* State:
* Zip Code:
* Country:
* Phone:
9770 Culver Blvd.
Culver City
Los Angeles
CA: California
90232
USA: UNITED STATES
310-253-5700
2. Social Security Number or Employer ID Number: 956000701
* 3. HUD Program Name:
Section 8 Housing Choice Vouchers
" 4. Amount of I-IUD Assistance Requested/Received: $ 64,909.00
5. State the name and location (street address, City and State) of the project or activity:
'Culver City Housing Agency FSS Coordinator
9770 Culver Blvd.
Culver City
* Project Name:
• Street1:
Street2:
* City:
County:
State:
* Zip Code:
* Country:
Los Angeles
CA: California
90232
USA: UNITED STATES
Part I Threshold Determinations
*1. Are you applying for assistance for a specific project or activity? These
terms do not include formula grants, such as public housing operating
subsidy or CDBG block grants. (For further information see 24 CFR
Sec. 4.3).
* 2. Have you received or do you expect to receive assistance within the
jurisdiction of the Department (HUD), involving the project or activity
in this application, in excess of $200,000 during this fiscal year (Oct. 1-
Sep. 30)? For further information, see 24 CFR Sec. 4.9
Yes
No
Ei Yes
No
If you answered " No " to either question 1 or 2, Stop!, You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Form HUD-2880 (3/99)-
Standard PHA Plan
U.S. Department of Housing and Urban Development
PHA Certifications of Compliance
Office of Public and Indian Housing
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the Standard Annual, Standard 5-Year/Annual, and
Streamlined 5-Year/Annual PHA Plans
Acting 017 behalf of the Board of Commissioners of the Public Housing Agency (PH,4) listed belyr as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission of th egtandard Annual, _standard 5-
learAnnual or _streamlined 5-Year/Annual PHA Plan for the PHA fiscal year beginning , hereinafter referred to as" the
Plan", of which this document is a part and make the following certifications and agreements with the Department of Housing and
Urban Development (HUD) in connection with the submission of the Plan and implementation thereof .
I. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for
the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice,
for the PHA's jurisdiction and a description of the manner in which the PI-LA Plan is consistent with the applicable Consolidated Plan.
3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the
PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24
CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or
Boards and a description of the manner in which the Plan addresses these recommendations.
4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days
before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public
comment.
5. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of
the Rehabilitation Act of 1973, and title 11 of the Americans with Disabilities Act of 1990.
6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to
fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and
work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the
P1-IA's involvement and maintain records reflecting these analyses and actions.
7. For PHA Plan that includes a policy for site based waiting lists:
• The PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner (as specified in NH Notice
99-2);
- The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to
reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait
to be admitted to units of different sizes and types at each site;
- Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending
complaint brought by HUD;
- The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing;
The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications, as specified in 24 CFR part 903.7( c)( 1).
8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of
1 975.
9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and
Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of
1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implernenting regulation at 24 CFR Part 135.
I i. The PHA has submitted with the Plan a certification with regard to a drug free workplace required by 24 CFR Part 24, Subpart F.
12. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR
Part 87, together with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in
accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24.
Page 1 of 2 form HUD-50077 (04/30/2003)Signatur
X
13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and implementing renlations at 49 CFR Part 24 as applicable.
14. The PHA rill rake appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR
5.105( a).
15. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under
the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58.
16. With respect to public housin g the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under section
12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
17. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
1 S. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35.
19. The PHA will comply with the policies, guidelines, and requirements of 0/VLB Circular No. A-87 (Cost Principles for State, Local
and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State,
Local and Federally Recognized Indian Tribal Governments.).
20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available
for public inspection. All required supporting documents have been made available for public inspection along with the Plan and
additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its
PI-/A Plan and will continue to be made available at least at the primary business office of the PHA.
Culver City Housing Agency CA-110
PHA Name PHA Number/HA Code
3c Standard PHA Plan for Fiscal Year: 20 OS
Standard Five-Year PHA Plan for Fiscal Years 20_ - 20_, including Annual Plan for FY 20
Streamlined Five-Year PHA Plan for Fiscal Years 20 - 20_, including Annual Plan for FY 20
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties_ (18 U.S.C. 1001.1010_ 1012: 311IS.C. 3779,3802)
Name of Authorized Official
Jerry FuJ_wood
Title
City Manager
Date
Page 2 of 2 form HUD-50077 (0413012003)
o°Logic Model'''. Applicant Name:
Culver City Housing Agency HUD Program:
Period:
Start Date:
End Date:
HCVFSS US Department
OMB Approval
of Housing and Urban Development —
Component Name:
2535-0114 exp. 2008 Perl,din,g, Project Name:
FSS Coordinator
Project Type: Year 1
Construction Type: HCVFSS
Year 1
'4
:::'
v 0
4:`i
•-,,, ,: , .,. .?,.%;?::
I itecm
' tig, 4
- n t .tZ4f4- ", ' :
-'"-. -" ;., :' 'i';',Zi, Vt'
04.
i AiS i let
'6 -
k
y '
.wig 3' . - ,
'
v
:; . ,I.r ti, ...,
'''l va it
, ,. . ‘, ,, ie.: ' .fii • iff Alk
1 2 3 4 5 6 7
Policy Planning Programming
f POst ' .
YTD2 Impact
[ post 14YTD Accountability
B.1
There is a need to
link new FSS
Outreach to HCV families re:
FSS prograrn
Households
other other
B.2
200 25 I A. Tools for Measurement
B.3
program participants
to services and
economic
Credit repair counseling —
Enrolled
Persons
Credit score improved Persons Intake log
B.3 20 5 i Survey
B.4 opportunities that
will lead to
Outreach to FSS families re:
homeownership
Households
Purchased home Households Interviews
20 I I 1 I
employment and
economic self-
sufficiency.
Service providers contacted
Providers
Earned income increased —
Households
Households|109| I
5 B. Where Data Maintained
Employment counseling
Persons
Job placement Persons Individual case records
20 5
Transportation services
Persons
Earned income increased —
Households
Households
5I|1010|#N/A
#NIA
C. Source of Data
#N/A
4N/A Referrals
Employment records
4N/A
4N/A Escrow accounts
Work plan reports
4N/A
4N/A
D. Frequency of Collection
#N/A
4N/A Upon incident
#NIA
4N/A
4N/A
MIA
E. Processing of Data
#11/A
#N/A Computer spreadsheets
Manual tallies
#N/A
#N/A
#14/A
4N/A
4N/A
#N/A
#N/A
#N/ACITY OF CULVER CITY
COUNCIL POLICY STATEMENT
General Subject: Personnel
Specific Subject: Acceptance of Gifts or Gratuities
Policy Number: 4003
Date Issued: 1/23/95
Effective Date: 1/24/95
Resolution No. 95-R005
PURPOSE:
To encourage each employee and official of the City to observe a personal code of ethical
conduct, and to discourage gifts and gratuities.
STATEMENT OF POLICY:
Employees and officials of the City are expected to be objective and fair in dealing with
the public and persons or firms doing business with the City. Employees and officials are
fully compensated for their assigned duties, and shall not solicit or accept gifts or
gratuities for the performance of their City job responsibilities. Acceptance or solicitation
of gifts or gratuities from any person or firm involved in any transaction with the City can
create an appearance of influence, conflict of interest, or favoritism which may impair the
employee's, or the City's, credibility with clients.
A gift or gratuity offered by any individual (as part of a firm or otherwise), who by virtue
of their particular business or activity may be involved with the City currently or in the
future, should be politely rejected. Anonymous gifts should be delivered to the Chief
Administrative Officer for appropriate disposition.
Solicitation or acceptance of gifts or gratuities may be grounds for disciplinary action, up
to and including termination of employment.TEVIS BARNES
Housing Programs Administrator
CITY OF CULVER CITY
HOUSING PROGRAMS OFFICE
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5780
INFO. LINE (310) 253-5781
FAX (310) 253-5785
Affirmatively Furthuring Fair Housing
The Culver City Housing Agency's mission is the same as that of the U. S.
Department of Housing and Urban Development (HUD) as outlined in the Public
Housing Agency Five Year Plan (2005-2009). "To promote adequate and affordable
housing, economic opportunity and a suitable living environment free from
discrimination.” The following steps are taken to further fair housing throughout the City
of Culver City:
1) Overcome the effects of impediments to fair housing choice that were
identified in the jurisdiction's Analysis of Impediments (Al) to Fair Housing
Choice- The Housing Agency will continue to work with state and local authorities to
make regulatory changes that will encourage affordable housing developments
throughout and will continue to remain consistent with the applicable jurisdiction's
Consolidated Plan and Analysis of Impediment.
2) Remedy discrimination in housing- The Housing Agency continues to
actively deconcentrate areas of poverty by outreaching to property owners throughout the
City of Culver City. Rental listings are available for the voucher holders to review and
include units in all areas of the City of Culver City. The City also offers a Neighborhood
Preservation Program grant to all owners that qualify in exchange for the lease up of a
Section 8 client. This encourages the availability of units throughout the City.
3) Promote fair housing rights and fair housing choice- The Culver City
Housing Agency refers many Housing Rights questions to a non-profit organization
partly funded by the City. The Housing Rights Center is available to answer all legal
questions and/or concerns and complaints. The Housing Agency has a contract with the
Housing Rights Center through Housing Set Aside Funds.
A document promoting fair housing rights and where to report violations is included
in each briefing packet for all new Section 8 Housing Choice Voucher participants. A
poster is also available for public viewing in the main lobby of the Housing Agency.
The Housing Agency also has purchased a language line service available for use
when non English speaking individuals make inquiries about the programs offered or
questions about their cases.
Culver City Employees take pride in effectively providing the highest levels of service to enrich the quality of life for the community by building on
our tradition of more than seventy-five years of public service, by our present commitment, and by our dedication to meet the challenges of the
future.
PRUITED ON FtECYCLED PAPER 3Acknowledgment of
Application Receipt
U.S. Department of Housing
and Urban Development
Type or clearly print the Applicant's name and full address in the space below.
City of Culver City Housing Agency
(fold line)
Type or clearly print the following information:
Name of the Federal
Program to which the
applicant is applying:
HCV Family Self-Sufficiency Coordinator
To Be Completed by HUD
HUD received your application by the deadline and will consider it for funding. In accordance
with Section 103 of the Department of Housing and Urban Development Reform Act of 1989,
no information will be released by HLTD regarding the relative standing of any applicant until
funding announcements are made. However, you may be contacted by HUD after initial
screening to permit you to correct certain application deficiencies.
HUD did not receive your application by the deadline; therefore, your application will not
receive further consideration. Your application is:
Enclosed
Being sent under separate cover
Processor's Name
Date of Receipt
form HUD-2993 (2199)
04-06/09/08
Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement with Level 3
Communications, LLC for Use of the Public Rights-of-
Way on Venice Boulevard, Prospect Avenue, Girard
Avenue and West Washington Boulevard.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|1010| Encroachment Permit Agreement, Proposed
1 - 9|1010| Resolution, Proposed
10 - 11|1010| NFL Studios Project Map
12|1010| Sony Studios Project Map 13ENCROACHMENT PERMIT AGREEMENT
No. 2008 -
PARTIES:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
("PERMITTEE")
City of Culver City, a Municipal Corporation
9770 Culver Boulevard
Culver City CA 90232
("CITY")
ENCROACHMENT AREA:
NFL Networks Project: Route begins on Venice Boulevard, between Prospect and Girard
Avenues. The route extends southerly on both Prospect and Girard Avenues, to their
intersections with Washington Boulevard. At the intersection of Prospect Avenue and
Washington Boulevard, the route continues easterly along Washington Boulevard to the NFL
Studios, at 10950 Washington Boulevard. At the intersection of Girard Avenue and
Washington Boulevard, the route continues westerly along Washington Boulevard to the NFL
Studios, at 10950 Washington Boulevard. This route is depicted in the attached exhibit,
Exhibit A, which is incorporated by reference as though set forth in full at this point.
AND
Sony Studios Project: Route begins at the intersection of Jasmine Avenue and
Washington Boulevard. The conduit then traverses northeast along Washington Boulevard, to
the Sony Pictures parking lot at 10202W. Washington Boulevard. This route is depicted in the
attached exhibit, Exhibit B, which is incorporated by reference as though set forth in full at this
point.
RECITALS:
A. WHEREAS, PERMITTEE desires to install two fiber optic conduit routes ("PROJECT") within
portions of the City of Culver City rights-of-way, as shown in Exhibits A and B, for the purpose of
providing fiber optic services to Sony Studios, at 10202 W. Washington Boulevard, and NFL
Networks, at 10950W. Washington Boulevard.
B. WHEREAS, such PROJECT will encroach under and across the public rights-of-way and may
require trenching and/or boring within said public rights-of-way.
C. WHEREAS, the PROJECT is covered by a Negative Declaration pursuant to the California
Environmental Quality Act, California Public Resources Code §§21000 et seq.
D. WHEREAS, PERMITTEE desires to secure the permission of the City of Culver City to install
and maintain the PROJECT to provide telecommunications services.Level 3 Encroach. Permit Agrmt.
Pa ge 2 of 9
NOW THEREFORE, in consideration of the mutual promises and agreements hereinafter
contained, the parties hereto agree as follows:
1. Permission to Encroach. CITY hereby gives the PERMITTEE permission to encroach and
occupy under and along the public rights-of-way of the ENCROACHMENT AREA, for the purpose of
constructing, operating, maintaining, improving (to the extent such improvement does not involve
excavations in public rights-of-way not located in the ENCROACHMENT AREA) and removing fiber
optic lines and cables in the public rights-of-way specifically depicted in Exhibits A and B and in
accordance with CITY's Rights-of-Way Management Plan & Standards (Culver City Municipal Code
Section 9.08.307). This PROJECT shall be at the sole cost and expense of PERMITTEE and shall
conform to that certain California Public Utilities Commission document entitled "Negative Declaration
(IX) — Competitive Local Carriers' (CLCs) Projects for Local Exchange Telecommunications Service
throughout California" (a copy of which will be attached hereto as Exhibit C and incorporated herein
by reference as though set forth in full).
The terms of this Encroachment Permit Agreement (AGREEMENT) are based on the type of
telecommunications facilities required by PERMITTEE to provide its authorized services.
PERMITTEE acknowledges that any change in the nature of the facilities or its legal authority to
provide services, or in applicable law, may affect the CITY's regulatory authority over such facilities.
PERMITTEE further acknowledges that both PERMITTEE's use of CITY rights-of-way and this
AGREEMENT are subject to such future lawful authority as the CITY exercises in its discretion.
2. Application Review Costs. PERMITTEE shall reimburse CITY for the time required of CITY
staff to review PERMITTEE's encroachment permit application at the rates adopted by resolution of
CITY's City Council.
3. Term of the Agreement. The term of this AGREEMENT shall be for a period of ten (10) years
from the date of execution of this AGREEMENT, with two (2) five-year extensions, unless terminated
earlier pursuant to other provisions of this AGREEMENT.
4. Public Utility Status of PERMITTEE. PERMITTEE represents to CITY that PERMITTEE has
obtained Certificate of Public Convenience and Necessity ("CPCN") No. U-5941-C, dated February
17, 1998, for the provision of telecommunications services. PERMITTEE has represented that this
CPCN authorizes construction activities in relation to the PROJECT. PERMITTEE has further
represented that the PROJECT will be used solely for purposes authorized by its CPCN. Finally,
PERMITTEE has represented that it is a "telephone corporation" within the meaning of the California
Public Utilities Code, that the PROJECT involves the construction and operation of "telephone lines"
and that the PROJECT will result in the carriage of telephone service.
5. Rights Granted and Reserved. The rights granted by this AGREEMENT are granted based
upon representations by PERMITTEE that PERMITTEE's operations shall be solely for the purposes
set forth in California Public Utilities Code Section 7901. If PERMITTEE uses the PROJECT for
purposes other than the provision of Section 7901 services, or if the PROJECT is found not to be
sanctioned by the CPCN, or if it is ultimately determined that CITY is not precluded by California
Public Utilities Code Sections 7901 and 7901.1, California Government Code Section 50030, or any
other applicable laws or regulations, from imposing compensation requirements, CITY reserves the
right to charge PERMITTEE lawful compensation for the use of CITY's rights-of-way, as permitted. In
addition, neither party waives any rights reserved under the Telecommunications Act of 1996
23
Level 3 Encroach. Permit Agrmt.
Page 3 of 9
including, but not limited to, those rights set forth in Section 253(c) of that act, reserving to
municipalities the right to manage their public rights-of-way and to require fair and reasonable
compensation from telecommunications providers for use of public rights-of-way.
6. Supervision and Repair. All work and entry upon, over, under, or along the public rights-of-
way shall be done under PERMITTEE's supervision, in a good and skillful manner, and shall comply
with all reasonable standards imposed by CITY from time to time. PERMITTEE agrees to abide by
the standards set forth in the Rights-of-Way Management Plan, adopted pursuant to Culver City
Municipal Code Section 9.08.307. To this end, a PERMITTEE representative shall be physically
present at any construction site at all times that construction or excavation is being conducted
pursuant to this AGREEMENT and any excavation in connection with this PROJECT shall be
monitored by PERMITTEE.
7. PERMITTEE's Obligation to Repair Damage and Restore Property. PERMITTEE agrees to
repair any and all damage (including, but not limited to, subsidence, cracking, erosion, collapse,
weakening or loss of lateral support) to any CITY property (including, but not limited to, streets, walks,
public rights-of-way, gutters, utility lines and systems, underground utility lines and systems or sewer
systems and sewer lines) resulting from the installation, maintenance or operation of the PROJECT at
no expense to CITY and to the satisfaction of CITY. In addition, PERMITTEE agrees to restore all
CITY property affected by construction of the PROJECT to the condition it was in prior to
commencement of PROJECT at no expense to CITY and to the satisfaction of CITY.
8. No Right, Title or Interest. The permission granted hereunder shall not in any event
constitute an easement on or an encumbrance against the public rights-of-way. No right, title or
interest in the public rights-of-way, or any part thereof, shall vest or accrue in PERMITTEE by reason
of this AGREEMENT or the issuance of any excavation or street use permit, or any other permits
issued by the Public Works Department, or exercise of the privilege given thereby.
9. Possessory Interest. The parties agree that no possessory interest is created by this
AGREEMENT. However, to the extent that a possessory interest is deemed created by operation of
law, PERMITTEE acknowledges that notice is and was hereby given to PERMITTEE pursuant to
California Revenue and Taxation Code §107.6 that use or occupancy of any public property pursuant
to the authorization herein set forth may create a possessory interest which may be subject to the
payment of property taxes levied upon such interest. PERMITTEE shall be solely responsible for any
and all taxes, fees and assessments relating to PERMITTEE's use and maintenance of the
PROJECT.
10. Termination. Either party may terminate this AGREEMENT at any time by providing one
hundred eighty (180) days' written notice of said termination to the other party. CITY agrees that it
shall terminate this AGREEMENT only in the event it determines the PROJECT causes jeopardy to
the public health, welfare or safety, or if the CPCN terminates, is revoked, or is abandoned, or if
PERMITTEE ceases to be a "telephone corporation" within the meaning of the California Public
Utilities Code.
Should said termination occur, if requested in writing by the CITY's Public Works Director,
PERMITTEE shall remove the PROJECT at its own expense and shall repair and restore all CITY
property and all public rights-of-way which were affected by the placement, maintenance, and
removal of the PROJECT to a condition satisfactory to CITY. If removal of the PROJECT is required
by the CITY'S Public Works Director, the removal of the PROJECT and the repair of CITY propertyLevel 3 Encroach. Permit Agrmt.
Page 4 of 9
and public rights-of-way shall be completed within ninety (90) days of the date the CITY'S Public
Works Director requests removal. If no request for removal is received from the CITY'S Public Works
Director within ninety (90) days of the effective termination date of this AGREEMENT, PERMITTEE
may abandon the PROJECT in place, to the CITY's satisfaction, and the abandoned PROJECT shall
be deemed conveyed to the CITY and PERMITTEE shall have no further obligation to remove,
relocate, or maintain the PROJECT and no further right to control or use the PROJECT.
11. Permittee's Liability for All Damages. PERM1TTEE shall assume all responsibility for all
damages to property or injuries to persons which may arise from or be caused by PERMITTEE's
performance under this AGREEMENT or by the performance of any other party acting on
PERMITTEE's behalf in furtherance of this AGREEMENT. The obligations of this paragraph apply
regardless of whether such damage or injury accrues or is discovered before or after termination of
this AGREEMENT.
12. Insurance.
(a) PERMITTEE shall obtain, pay for, and maintain during the life of this AGREEMENT a
Commercial General Liability policy, including Contractual Liability, and an Automobile
Liability policy, which shall protect it and the CITY from claims for injuries and damages.
These policies shall name the City of Culver City, its elected and appointed officials,
officers, agents, and employees as additional insured under the policies except for Workers
Compensation. These policies shall be maintained in the following amounts:
(1) COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than
FIVE MILLION DOLLARS ($5,000,000) per occurrence for personal injuries,
including accidental death, to any one person; property damage insurance in an
amount not less than FIVE MILLION DOLLARS ($5,000,000) and subject to the
above limits and combined single limit of insurance in an amount not less than
FIVE MILLION DOLLARS ($5,000,000);
(2) AUTOMOBILE LIABILITY INSURANCE endorsed for all owned and non-owned
vehicles with a combined single limit of at least FIVE MILLION DOLLARS
($5,000,000) per occurrence for personal injuries, including accidental death, to
any one person; and for property damage;
(3) WORKERS' COMPENSATION INSURANCE in the statutorily required amount.
(b) These policies shall contain a "Severability of Interest" clause and a "Primary Coverage"
clause for any loss arising from or caused by PERMITTEE's performance of the
AGREEMENT. In addition, the policies shall contain a statement of obligation on the
insurance carrier's part to notify the CITY, by certified mail/return receipt requested, at least
thirty (30) days in advance of any policy cancellation or termination or any reduction in the
amount of coverage.
(c) Before starting operations under this AGREEMENT, PERM1TTEE shall furnish the
CITY with a "certificate of insurance" and, with respect to the Commercial General and
Automobile Liability Insurance polices, an "additional insured endorsement", the certificate
countersigned by the insurance carrier or its authorized representative, on forms
satisfactory to the CITY's City Attorney, which set forth the above provisions.
(d) The countersigned certificate, along with the additional insured endorsement, shall
45
Level 3 Encroach. Permit Agrmt.
Page 5 of 9
state: "The City of Culver City, its elected and appointed officials, officers, agents, and
employees are named as additional insured under this policy. This insurance is primary to
the coverage of the City of Culver City. Neither the City of Culver City nor any of its insurers
shall be required to contribute to any loss. This policy contains a 'severability of interest
clause." The additional insured requirement may be satisfied through the use of a blanket
additional insured endorsement.
PERMITTEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND
ENDORSEMENT (S) PRIOR TO THE ISSUANCE OF PERMITS FOR CONSTRUCTION. AFTER
CONSTRUCTION OF PROJECT HAS BEEN COMPLETED, PERMITTEE SHALL FURNISH CITY
DOCUMENTARY PROOF OF BEING IN CONTINUING COMPLIANCE WITH THE REQUIREMENTS
OF THIS PARAGRAPH EVERY TWO YEARS.
13. Performance Bond. Prior to the issuance of any permits pursuant to this AGREEMENT,
PERMITTEE shall file with CITY a performance bond in the amount of two hundred fifty thousand
dollars ($250,000), on a form approved by the CITY'S City Attorney, to ensure satisfactory completion
of, and/or repairs to, the PROJECT. CITY shall release this bond one year after CITY'S inspection
and final acceptance of the construction undertaken pursuant to this AGREEMENT. To the extent
that PERMITTEE is engaged in a joint build with one or more other permittees, the obligation to
obtain a performance bond under this section lies only with the lead company of the joint build.
14. Indemnification. PERMITTEE agrees to and shall defend, indemnify and hold harmless CITY,
its elected and appointed officials, officers, agents, employees, and representatives from all suits and
causes of action, claims, charges, damages, demands, judgments, civil fines, and penalties or losses
of any kind or nature whatsoever, arising out of this AGREEMENT for all claims of any kind including
without limitation, for damage or claims for damage for bodily injury, including death, and claims for
property damage which may arise directly or indirectly from this AGREEMENT or damage to
PERMITTEE'S PROJECT including, but not limited to, those claims which arise out of:
a) The performance or the failure to perform the obligations in this AGREEMENT by
PERMITTEE, or its contractors, subcontractors, agents, employees, or any other person or
entity acting on PERMITTEE's behalf; and,
b) The design placement, maintenance, repair, or condition of the PROJECT. This indemnity
and obligation to hold harmless shall apply regardless of whether or not CITY prepared,
supplied, or approved plans or specifications or inspected any of the work or improvements
installed and constructed pursuant to this AGREEMENT. Specifically, PERMITTEE agrees
to defend, indemnify and hold harmless CITY, and its officers, agents, employees and
representatives from the following damages or claims for damages: (1) any indirect,
special, punitive or consequential damages (including, but not limited to, any claim for loss
or services) to PERMITTEE, or any other person arising from any damage to
PERMITTEE'S telecommunications facilities; and, (2) any damage or claims for damages
resulting from damage to PERMITTEE's telecommunications facilities caused by third
persons.
15. Limits of CITY Liability. In no event shall CITY be liable, under any theory, to PERMITTEE for
any damage to the PROJECT caused by any excavation or work performed by CITY at or near the
PROJECT. Neither PERMITTEE nor CITY shall be liable, under any theory, to the other for any
indirect, special punitive or consequential damages (including, but not limited to, any claim for loss of6
Level 3 Encroach. Permit Agrmt.
Page 6 of 9
services) nor shall CITY be liable, under any theory, for damage to the PROJECT caused by any
other persons.
16. Representation by Counsel. Where PERMITTEE is required to provide legal services to
CITY under Paragraph 14, and chooses to utilize joint counsel, the parties shall make a good faith
effort to cooperate and agree upon litigation strategy and implementation thereof. In the event CITY
determines that PERMITTEE'S litigation strategy or implementation decisions are unreasonable, or
not in CITY's best interest, or that separate counsel is necessary for the representation of CITY, CITY
may obtain separate legal counsel chosen by CITY at PERMITTEE's cost and expense. CITY shall
submit to PERMITTEE on a regular basis statements for attorney's fees, which shall be paid to CITY
within sixty (60) days of PERMITTEE's receipt of said statement.
17. Compliance with All Laws. PERMITTEE shall comply with all applicable federal, state and
local laws, rules and regulations.
18. Permits. All excavation, installation, maintenance or repair requiring excavation in the public
rights-of-way for the PROJECT shall be done under permit(s) issued by the Public Works Department
after payment by PERMITTEE of any applicable fees. Such excavation shall be at the sole cost and
expense of PERMITTEE and shall substantially conform and be limited to the area covered by the
PROJECT, as depicted in Exhibits A and B.
19. Default. In the event of default by either party to this AGREEMENT, the other party shall have
available all remedies at law or in equity not otherwise provided for herein, including, by way of
illustration but not limitation, suits for injunctive or declaratory relief, specific performance, relief in the
nature of mandamus, or action for damages. Provided, however, PERMITTEE shall not have
available an action for damages against CITY or any related person or entity except and to the extent
of C1TY's negligence, willful misconduct or criminal acts. All remedies, including the remedies
specified in this AGREEMENT, shall be cumulative and not exclusive of one another, and the
exercise of any one or more of said remedies shall not constitute a waiver or election with respect to
other available remedies.
20. City Performance Standards. In the event PERMITTEE fails to perform any of its obligations
under this AGREEMENT within a reasonable period after delivery of written notice of such failure and
CITY performs any work including, but not limited to, repairing or maintaining the street
improvements, CITY shall only be obligated to perform such work in a manner consistent with the
standard practices of the CITY in performing street work and construction. CITY shall not be obligated
to repair or replace any materials or improvements in a form or manner consistent with Exhibits A and
B, or any plans and specifications, and CITY shall not be responsible for any damages to
PERMITTEE as a result of CITY performing such work, including, but not limited to, mitigation of
damages due to PERMITTEE's prior work. PERMITTEE shall reimburse CITY for its full costs,
including allocated overhead, of any work performed by CITY pursuant to this paragraph.
21. Abandonment. Notwithstanding Paragraph 10 herein, if PERMITTEE ceases use of the
PROJECT or any portion thereof for a continuous period in excess of one hundred eighty (180) days
without written notice of termination of this AGREEMENT, CITY may require PERMITTEE to remove
the PROJECT or the involved portion thereof and return the involved public property to a condition
satisfactory to CITY or, if CITY so elects, abandon the PROJECT or the involved portion thereof to
the ownership of CITY without the payment of any compensation.With a copy to:|1010|Level 3 Encroach. Permit Agrmt.
Page 7 of 9
22. Relocation. PERMITTEE shall remove or relocate, without cost and/or expense to CITY, the
PROJECT if and when made necessary by the installation, abandonment, change of grade,
alignment or width of any street, sidewalk or other public facility or by the construction, maintenance,
or operation of any CITY, or other public agency's, underground or aboveground facilities (including,
but not limited to, any sewer, storm drain, conduits, gas, water, electric or other utility system) or
pipes, provided that CITY or other public agency is acting in its governmental capacity. In the event
all or any portion of any public rights-of-way occupied by the PROJECT shall be needed by CITY or
other public agency for a governmental purpose or in the event the existence of the PROJECT shall
be considered detrimental to the public health, safety, welfare, or convenience or to governmental
activities including, but not limited to, interference with CITY or other public agency construction
projects, or is in conflict vertically and/or horizontally with any proposed CITY or other public agency
installation, PERMITTEE shall remove and relocate, without cost or expense to CITY, the PROJECT
to such other location or locations as may be designated by the CITY or other public agency. Said
removal or relocation shall be completed, without cost or expense to CITY, within ninety (90) days of
notification by CITY unless urgent needs dictate a shorter period for removal or relocation. In the
event the PROJECT is not removed or relocated within said period of time, CITY or other public
agency may cause the same to be done at the sole cost and expense of PERMITTEE. Further, in the
event of an emergency, as reasonably determined by CITY or other public agency, CITY or other
public agency may remove or relocate the PROJECT without prior notice to PERMITTEE, provided
that PERMITTEE is notified within a reasonable period thereafter. To the extent relocation of the
PROJECT is required solely to accommodate (i) a non-public agency third party for non-
governmental reasons, (ii) CITY acting in a proprietary capacity for non-governmental reasons, or (iii)
CITY acting on behalf of a non-public agency third party for non-governmental reasons, the relocation
shall be paid for in advance by CITY or the non-public agency third party. Additionally, CITY, using
reasonable efforts, shall first consult with, or cause any party requesting relocation of the PROJECT
to consult with, PERMITTEE to determine whether relocation is actually necessary, and, if so, how
the costs of such relocation can be minimized. In the event relocation is required, CITY shall use
best reasonable efforts to assist, or to cause any party requesting relocation of the PROJECT to use
best reasonable efforts to assist, PERMITTEE in identifying a place to which to relocate the
PROJECT.
23. Underground Service Alert. PERMITTEE acknowledges that it is presently a member of
"Underground Service Alert of Southern California" and agrees to maintain and keep current its
membership in said organization throughout the term of this AGREEMENT.
24. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall
be deemed validly given on the date either personally delivered to the address indicated below; or
when received by certified mail, return receipt requested via U.S. Mail. Should CITY or PERMITTEE
have a change of address, the other party shall immediately be notified in writing of such change,
provided, however, that each address for notice must include a street address and not merely a post
office box. All notices, demands or requests from PERMITTEE to CITY shall be given to CITY
addressed as follows:
City Manager
Culver City City Hall
9770 Culver Blvd.
Culver City, CA 90232-0507Level 3 Encroach. Permit Agrmt.
Page 8 of 9
City Attorney
Culver City City Hall
9770 Culver Boulevard
Culver City, CA 90232-0507
All notice, demands or requests from CITY to PERMITTEE shall be given to PERMITTEE addressed
as follows:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
ATTN: Contract Administration
With a copy to:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
ATTN: General Counsel
25. Assignments/Transfers. PERMITTEE may not sell, assign, transfer or lease any interest in
this AGREEMENT without the prior written consent of CITY.
26. Amendment. Notwithstanding anything in this AGREEMENT, this AGREEMENT may be
amended by mutual written consent of the parties hereto.
27. Non-Waiver. A waiver by either party of any breach of any term, covenant, or condition
contained in this AGREEMENT shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this AGREEMENT whether of the same
or different character.
28. Severability. If any part of this AGREEMENT is held invalid, the remaining terms and
conditions shall not be affected unless their enforcement under the circumstances would be
unreasonable, inequitable, or otherwise frustrate the purposes of this AGREEMENT.
29. Understanding of the Parties. This AGREEMENT, including the exhibits attached hereto,
constitutes the entire agreement between the parties, and supersedes any previous oral or written
agreements with respect to the subject of the AGREEMENT.
[Remainder of page intentionally left blank]9
Level 3 Encroach. Permit Agrmt.
Page 9 of 9
LEVEL 3 COMMUNICATIONS
By:
Dated: Steve Gordon
Sr. Director, Network Infrastructure Services
CITY OF CULVER CITY
By:
Dated: Charles Herbertson
Public Works Director
APPROVED AS TO FORM:
By:
Dated: Carol A. Schwab
City Attorney1|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
RESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT WITH LEVEL 3
COMMUNICATIONS.
WHEREAS, Level 3 Communications has applied for a permit to encroach
upon Culver City's public rights-of-way in order to install fiber optic cable, as described in
the engineering plans submitted to Culver City's Public Works Department and in the
related Encroachment Permit Agreement;
WHEREAS, Level 3 Communications is a telecommunications company duly
authorized to provide telecommunication services by the California Public Utilities
Commission;
WHEREAS, the City of Culver City is authorized to regulate time, place and
manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Chapter 11.20 of the Culver City Municipal Code provides that an
encroachment permit is required prior to installation of telecommunication facilities in the
City's public rights-of-way and that such permits are subject to approval by the City Council.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit requested by Level 3 Communicaitons is
hereby approved.
2. The Public Works Director is authorized to execute the related
•••
27
• ••28
-2-
A07-|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2007.
SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE CAROL A. SCHWAB,
City Clerk City AttorneyLevel (3J
COMMUNICATIONS
PRESCOTT COMMUNICATIONS INC
u Ivcr City
Proposed Manholes
Proposed Underground, Approx. 3,316 ft.
cable
•ngInsoring
aarvloosLevel (3J
COMMUNICATIONS
cable
sendoes
engineering
Proposed Manhole
Proposed Underground, Approx. 494 ft.