HomeMy WebLinkAboutAGENDA REPORT 2025 0402 CC REG ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 2, 2025
ACTION INTRODUCED ORDINANCE NO. 527.
(ROLL CALL VOTE: 4-1, COUNCILMEMBER
MEANS DISSENTING) ADOPTED RESOLUTION
NOS. 2025-4304 AND 2025-4305. (ROLL CALL
VOTE: 4-1, COUNCILMEMBER MEANS
DISSENTING) APPROVED LICENSE
AGREEMENT, SMART CITIES AGREEMENT,
AND AUTHORIZED THE CITY MANAGER TO
GRANT ACCESS/UTILITY EASEMENTS. (ROLL
CALL VOTE: 4-1, COUNCILMEMBER MEANS
DISSENTING)
BY A. Hurtado.
C. Consider Ordinance Allowing the Use of Microtrenching for Fiber Optic Cables and
Implementing SB 378; Resolution Establishing Microtrenching Specifications and
Standards; License Agreement with Aspire Broadband LLC for Access to and Use
of the City’s Right-of-Way for Fiber Optic Cable Installation and Accessory
Facilities for Its Network; Smart City Services Agreement between the City and
Aspire Broadband LLC by Which the City Obtains Various Services and Physical
Infrastructure Improvements from Aspire Broadband LLC for Use by the City;
Authorization for the City Manager to Grant Access/Utility Easements to Aspire for
Infrastructure Associated with the License Agreement and Smart City Services
Agreement; Resolution Amending the Fiscal Year 2024/25 Budget to Fund Civil
Engineering Services; and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith. Staff
Recommendation: 1) Introduce Ordinance No. 527 allowing the use of
microtrenching for fiber optic cables and implementing SB 378; and 2) Adopt
Resolution No. 2025-4304 establishing microtrenching specifications and
standards; and 3) Approve the attached License Agreement with Aspire for access
to and use of the City’s right-of-way for fiber optic cable installation and accessory
facilities for its network, and authorize the City Manager to execute the Agreement
subject to final language approval by the City Manager and City Attorney; and 4)
Approve the attached Smart City Services Agreement between the City and Aspire
by which the City obtains various services and physical infrastructure
improvements from Aspire for use by the City, and authorize the City Manager to
execute the Agreement subject to final language approval by the City Manager
and City Attorney; and 5) Authorize the City Manager to grant access/utility
easements to Aspire for infrastructure associated with the License Agreement and
Smart City Services Agreement; and 6) Adopt Resolution No. 2025-4305
approving a Supplemental Budget Request to amend the FY 2024/25 Budget to
reflect offsetting revenues and expenditures associated with plan check and
inspection services needed to implement the License Agreement. (Staff: Brian
Chong, Assistant to the City Manager) (ROLL CALL VOTE REQUIRED)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Brian Chong, Assistant to the City Manager
DATE: 04/02/2024 Regular Meeting
SUBJECT: Consider Ordinance Allowing the Use of Microtrenching for Fiber
Optic Cables and Implementing SB 378; Resolution Establishing
Microtrenching Specifications and Standards; License Agreement
with Aspire Broadband LLC for Access to and Use of the City’s
Right-of-Way for Fiber Optic Cable Installation and Accessory
Facilities for Its Network; Smart City Services Agreement between
the City and Aspire Broadband LLC by Which the City Obtains
Various Services and Physical Infrastructure Improvements from
Aspire Broadband LLC for Use by the City; Authorization for the City
Manager to Grant Access/Utility Easements to Aspire for
Infrastructure Associated with the License Agreement and Smart
City Services Agreement; Resolution Amending the Fiscal Year
2024/25 Budget to Fund Civil Engineering Services; and Making a
Determination of Exemption Pursuant to the California
Environmental Quality Act in Connection Therewith
SUMMARY
In 2020, the City Council adopted the City’s Broadband Strategic Plan (Plan) to identify
community needs and resources related to advancing the deployment and utilization of
broadband technologies throughout the community. The Plan included
recommendations for both physical infrastructure (such as fiber optic cable and conduit
therefore) and governance (updating the City’s day-to-day operations to reflect
broadband priorities). Among other things, the Plan found that competition in the
broadband market in Moorpark was very limited. For the large majority of the
community, only Spectrum offered high-speed download capabilities, and no in-ground
provider offered high-speed upload capability. The Plan recommended that the City
seek to attract competing Internet Service Providers (ISPs) to effectuate better
availability and lower costs for the community.
Item: 9.C.
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In 2021, California Governor Gavin Newsom signed SB 378, which required local
agencies to allow microtrenching in the public right-of-way for the installation of
underground fiber optic cable. The use of microtrenching, as distinguished from
traditional deeper trenching, had the effect of dramatically decreasing the cost of
installing new fiber optic networks into existing roadways.
In 2024, City staff began discussions with Aspire Broadband, LLC (Aspire) about the
possibility of Aspire deploying a fiber optic network in Moorpark. Because Aspire does
not possess a “Certificate of Public Need and Necessity” issued by the California Public
Utilities Commission to officially qualify as a utility, it therefore does not have a
Statewide franchise and right to access local public rights-of-way. Accordingly, for
Aspire to deploy a fiber optic network in Moorpark, Aspire must acquire that access
through an agreement with the City, as owner of the public right-of-way.
Staff recommends that the City Council introduce an ordinance allowing the use of
microtrenching for fiber optic cables and implementing SB 378; adopt a resolution
establishing microtrenching specifications and standards; approve the attached License
Agreement with Aspire for access to the City’s right-of-way; approve the attached Smart
City Services Agreement to obtain various services and physical infrastructure
improvements from Aspire for use of their system by the City; authorize the City
Manager to grant access/utility easements to Aspire for portions of its physical
infrastructure located on City-owned parcels outside of the right-of-way; and approve
the attached resolution approving a Supplemental Budget Request amending the Fiscal
Year (FY) 2024/25 Budget to reflect offsetting revenues and expenditures associated
with plan check and inspection services needed to implement the License Agreement.
BACKGROUND
Broadband Strategic Plan
The City Council’s Strategies, Goals, and Objectives for FYs 2019/20 and 2020/21
established an objective to “Conduct a study of commercial broadband, identify current
and needed infrastructure, and determine funding needs and other actions to achieve a
desired level of commercial broadband in the City.” The City issued a Request for
Proposals for development of a Broadband Strategic Plan in 2019, ultimately entering
into an agreement with Magellan Advisors, LLC (now known as Entrust Solutions
Group), a national broadband consulting firm. Following significant outreach to both
residents and businesses throughout Moorpark, other government agencies, and
numerous ISPs operating in and around Southern California, the City Council adopted
the Broadband Strategic Plan on October 21, 2020. The Plan is available on the City’s
website at www.moorparkca.gov/broadband.
The Broadband Strategic Plan identified Spectrum as the predominant broadband
provider in Moorpark, with 97.3% availability. That figure is slightly higher today, as
Spectrum has deployed fiber optic cable to a few more portions of Moorpark over the
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past five years. AT&T had very limited fiber optic offerings in Moorpark, instead offering
low-speed Digital Subscriber Line (DSL) service to an estimated 91% of Moorpark at
that time. Even today, AT&T’s fiber optic network is largely limited to the newest
neighborhoods in Moorpark, generally located off of Championship Drive, following a
decision by AT&T to stop installing copper wire networks and deploy fiber optic
networks instead.
The Broadband Strategic Plan identified numerous strategies for the City to advance
broadband deployment in Moorpark. Among them, Section 7.3 states:
A key objective for ensuring widespread access to affordable, reliable broadband
in Moorpark is for the City to attract investment from ISPs. To achieve this,
strategic partnerships such as agreements for use of City owned conduit, fiber,
light poles, and public rights-of-way are key.
Since adoption of the Plan, City staff has approached numerous ISPs in an effort to
attract them to enter the Moorpark market, with the goal of expanding broadband
availability, improving speeds, and reducing costs through competition.
Microtrenching: A Paradigm Shift in Fiber Optic Deployment
The biggest hurdle to fiber optic deployment is the cost of physically constructing the
network. Typically, the cheapest way to deploy fiber optic cable is to affix it onto
existing above-ground utility poles. When City staff worked to attract ISPs to enter the
Moorpark market, the first thing ISPs looked for was above-ground utility poles.
However, because most of Moorpark was built in the era of underground utility
networks, this was not a viable option across the vast majority of the city.
Historically, the alternative was to dig trenches through existing roadways and installing
conduit beneath the concrete and asphalt to house fiber optic cables at least several
feet beneath the roadway surface. ISPs would then patch the trenches to repair the
roadways. Water, sewer, electrical, natural gas, and other utility network infrastructure
has been installed through this method. This approach maximizes the safety of those
networks (i.e., such pipelines are less likely to be damaged when installed further below
the roadway surface) but is both very expensive and very intrusive to commuters and
residents and businesses located adjacent to the construction.
Over the past decade, microtrenching was developed as an alternative to conventional
trenching. Improvements in construction and materials technology now enables conduit
for fiber optic cable to be built in narrow, shallow trenches. SB 378 established
definitions of microtrenching to trenches that are at most 4 inches wide and less than
26 inches in depth. Compared to conventional trenching, microtrenching is much faster
and much cheaper because there is less excavation and less repair work involved. This
cost savings for ISPs has changed the economics of deploying fiber optic networks and
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results in much lower time horizons for a return-on-investment calculation; they can
more quickly recoup their initial installation costs when deciding to deploy.
However, because microtrenching does not include the full restoration of the existing
roadway, the useful life of roadway surfaces will decrease when microtrenches are
utilized. As a result, many California jurisdictions, including Moorpark, did not initially
allow microtrenching when it became a feasible technology.
In 2021, the State of California decided that the need to improve access to high-speed
Internet was of more importance than maintaining roadway surfaces and stated that
“installation of fiber [optic cable] is critical to the deployment of broadband services and
other utility services is a matter of statewide concern, and is not a municipal affair.”
SB 378, the resulting bill, then required local agencies to allow microtrenching for the
installation of underground fiber if the installation in the microtrench is limited to fiber
optic cable. The bill effectively removed the City’s authority to prohibit microtrenching in
its right-of-way.
DISCUSSION
Microtrenching Ordinance and Resolution
Pursuant to SB 378 (California Government Code § 65964.5), the City must adopt
regulations that allow for microtrenching for the installation of subsurface pipe or conduit
within which to run fiber optic cables. Because microtrenching remains a relatively new
technology, there are not widely agreed-upon construction standards that balance
construction costs with longevity of roadway surfaces. There has simply not been
enough time to thoroughly evaluate how different microtrenching construction
techniques perform over a period of decades. As time passes and these different
techniques are evaluated, it is likely that microtrenching standards will continue to
evolve in the coming years and decades.
In light of this, the City Attorney’s Office has recommended that the City adopt an
ordinance authorizing the City Council to adopt microtrenching standards by resolution
and then require that ISPs comply with those standards. This approach would allow
future refinements in microtrenching standards without having to amend the City’s
Municipal Code.
While few local jurisdictions in California have already adopted microtrenching
standards, some have. In reviewing the microtrenching standards proposed by Aspire,
staff compared them with standards adopted by Los Angeles County and the Cities of
Simi Valley, San Jose, San Diego, San Francisco, and Anaheim. The Public Works
Department has reviewed the proposed microtrenching standards contained in the
attached resolution and recommends that the City Council adopt the resolution by which
those standards will be adopted for use by Aspire and any other future ISPs seeking to
place their fiber optic cables in the public right-of-way.
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In addition to authorizing adoption of microtrenching standards by way of City Council
resolution, the ordinance requires ISPs proposing microtrenching in Moorpark, and
which have not been issued an applicable Certificate of Public Need and Necessity or a
statewide franchise under the Digital Infrastructure and Video Competition Act by the
California Public Utilities Commission, to enter into a License Agreement with the City to
obtain access to the City’s right-of-way. The ordinance also allows for permit fees to
vary from the formulas contained in the City’s Schedule of Fees and Service Charges
(Fee Schedule), if a License Agreement contains alternative fees. When the City’s Fee
Schedule was developed, it was not calibrated to reflect microtrenching on both sides of
virtually every public street in the community. If the City’s Fee Schedule formulas were
applied, the City would likely collect significantly higher permit fees than those needed
to provide plan check and inspection services associated with those permits. Therefore,
it is more appropriate to establish more specific and tailored fees in the License
Agreement than to utilize the City’s existing fees for review of the proposed installations.
At this time, staff recommends that the City Council introduce an ordinance
(Attachment 1) and adopt a resolution adopting microtrenching specifications and
standards (Attachment 2).
License Agreement: Access to City Right-of-Way and Fiber Optic Conduit
Because Aspire is not a public utility subject to California Public Utilities Commission
(CPUC) regulation and standards and does not fall within statewide franchise rights or
preemptive state legislation, Aspire is not entitled to access to the public right-of-way in
the same manner as telephone companies, electric companies, and privately owned
and publicly regulated water/sewer companies. Approval of a License Agreement
(Attachment 3) to allow Aspire to install a fiber optic network within the City’s right-of-
way is a discretionary action for the City Council. As a result, the City is able to
negotiate compensation from Aspire for use of the City’s right-of-way in the form of
license fees and fees for regular municipal services. Community benefits offered
pensation to the City through the license agreement will be discussed in detail later in
this report.
The License Agreement allows – but does not require – Aspire to use non-exclusive
access to the City’s right-of-way in all public streets within the City limits. Access also
includes all City-owned bridges (such as those over the Arroyo Simi and other flood
control channels) and all existing and future City-owned conduit that the City has
installed and will install for the purpose of facilitating fiber optic deployment. The City
has installed conduit throughout the Princeton Avenue Improvement Project area, in
front of the Metrolink Station’s North Parking Lot frontage, and beneath the railroad
crossing on Spring Road, for example. The High Street Streetscape project, now
underway, also includes fiber optic conduit along its portion of High Street as well.
For public streets, Aspire will generally microtrench on both sides of a street, within the
asphalt immediately adjacent to concrete gutters. Streets that only have development
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on one side may only be microtrenched on the side of the street that fronts potential
customers. Some streets may have no potential customers – such as much of Tierra
Rejada Road – but still get microtrenched on one or both sides to connect
neighborhoods that do have customers.
The License Agreement does not cover Caltrans right-of-way, such as Los Angeles
Avenue, and does not cover private streets such as those owned by private
homeowners associations (HOAs). However, Aspire has already engaged multiple
HOAs to secure access to those streets and intends to deploy to most of them if they
are able to secure access.
The License Agreement does not grant Aspire exclusive access to the City’s right-of-
way. If another ISP seeks access to the City’s right-of-way, the City may grant access
to that ISP. Conversely, the License Agreement does not require Aspire to deploy to
every building located within the City.
License Agreement Deal Points:
Permit Fees
As described above, the City’s Fee Schedule did not contemplate a Citywide
microtrenching permit in its fee calculations. The applicable Permit/Inspection Fees
would be $156, plus $1 per linear foot of construction. Applying this formula would
result in City Encroachment Permit fees of approximately $650,000. According to state
law, however, fees should be set according to the estimated reasonable cost of service.
Staff anticipates that the actual plan check and inspection costs to be significantly less
than $650,000.
The City contracts with m6 Consulting, Inc. to review plans and conduct inspections in
support of development occurring in the City, and m6 Consulting, Inc. will be used to
coordinate inspection services during Aspire deployment. In consultation with Aspire,
m6 Consulting, Inc. has provided an estimate of $442,470 to provide the necessary plan
check and inspection services.
Under the proposed License Agreement, Aspire would pay for the City’s actual costs to
provide plan check and inspection costs, plus a standard 15% administrative fee that
covers the City’s costs for recordkeeping, permit issuance, reviews and inspections by
City staff, and administrative overhead, up to $400,000. If the City’s actual costs
exceed $400,000, then Aspire would be billed for 50% of the estimated remaining costs
up to $500,000. At that point, the remaining half of the costs will be absorbed by the
City as City staff would complete the remaining inspection and, if any, plan check
services. If additional review and inspections costs are needed beyond that amount,
Aspire will be responsible for the full amount of the remaining costs. However, if the
City’s actual costs are less than $400,000, then Aspire will be refunded any remaining
funds when the project is completed.
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It should be noted that the License Agreement also exempts Aspire from paying the
City’s Technology Enhancement Fee (6% of permit fees) that would normally be
assessed on Encroachment Permit Fees. Compared to traditional Encroachment
Permits, the scope of work for Aspire leans very heavily toward inspection services
rather than on plan check services. Inasmuch as inspections require less technology,
software, and scanning efforts, collecting 6% of the permit fees would result in a likely
overcharge of fees compared to actual costs. In this case, staff believes the costs
related to technology costs will be sufficiently recovered as part of the 15%
administrative fee instead.
Separate from the Encroachment Permit fees associated with construction of Aspire’s
fiber optic network, Aspire will require an Annual Blanket Encroachment Permit to
access its facilities within the City’s right-of-way. For example, if Aspire needs to
perform maintenance activities or acquires a new customer and has to run fiber optic
cable between an underground vault beneath a sidewalk and an adjacent home, that
access would be granted through the Annual Blanket Encroachment Permit. The same
permit is required annually for other utilities with infrastructure in the City’s right-of-way.
The draft License Agreement caps the cost of that Annual Blanket Encroachment
Permit to $925. Currently, that permit fee is $710.20, but it will gradually increase over
time based on the Consumer Price Index (CPI).
Revenue Share
In consideration for use of the City’s right-of-way and fiber optic conduit infrastructure,
the draft License Agreement contains a revenue share provision that escalates as
Aspire acquires new customers. The revenue share provision will begin in the first full
calendar quarter following execution of the License Agreement as follows:
0-1,999 Subscribers $250 per Calendar Quarter
2,000-2,999 Subscribers 2% of Gross Revenue
3,000-4,999 Subscribers 3% of Gross Revenue
5,000-5,999 Subscribers 4% of Gross Revenue
6,000-6,999 Subscribers 5% of Gross Revenue
7,000 or More Subscribers 6% of Gross Revenue
The count of subscribers is the total number of subscribers in the Moorpark city limits,
regardless of whether the subscriber is located along a public or private street; Aspire
must traverse public streets in order to reach private streets.
The 6% of gross revenue figure is consistent with what the City receives from cable
television providers such as Spectrum and AT&T as part of those entities’ franchise
agreements with the State of California.
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Smart City Services Agreement
Aspire has agreed to provide the City with various broadband services related to use of
its network. These services are enacted through a proposed Smart City Services
Agreement (Attachment 4), described below.
Low-Income Discount
The draft Smart City Services Agreement proposes a monthly discount of $30 per
month from any plan for low-income households. Similar to the Federal
Communications Commission’s Affordable Connectivity Program (ACP) that was
offered to low-income households during the COVID-19 era, eligibility will be proven
when a customer demonstrates participation in any of the following federal and state
low-income programs:
a. Supplemental Nutrition Assistance Program (SNAP)
b. Medicaid
c. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
d. Supplemental Security Income (SSI)
e. Federal Public Housing Assistance Program
f. Veterans Pension and Survivors Benefit
g. Free and Reduced Lunch Program or School Breakfast Program
h. Receipt of a Federal Pell Grant in the current award year
i. Lifeline Benefit Program
This approach is easier for both Aspire and for prospective customers to utilize because
they will not have to repeat low-income certification processes that were already
completed.
According to Federal Communications Commission (FCC) estimates, 13% of the
approximately 12,000 households in Moorpark’s 93021 zip code are eligible for a low-
income discount through participation in the above programs. When the ACP program
was being offered, over 1,100 households in the 93021 zip code were enrolled in ACP
discounts.
Internet Service + Interconnection for City Facilities
The City currently pays for Spectrum Internet connections at various City-owned
facilities, such as City Hall, the Moorpark City Library, Arroyo Vista Recreation Center,
and the Moorpark Public Services Facility. The City also currently pays Spectrum for
fiber optic connections between various City facilities to enable communication between
them for day-to-day City operations. The City also pays for slower Internet connections
from AT&T as a backup contingency if the Spectrum network goes down. In FY
2024/25, the City expects to pay approximately $97,275 to Spectrum for these services.
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As part of the Smart City Services Agreement, Aspire will become the primary provider
for Internet service and these interconnections, at a cost to the City of $40,000 per year,
through June 30, 2026. Every July 1 thereafter, the cost will increase by 3% annually.
In addition to the cost savings, Aspire will be offering faster speeds for the City’s
Internet service at various City facilities. The proposed interconnections between City
facilities will be more robust than existing interconnections the City currently procures
from Spectrum by upgrading from a hub-and-spoke network model to a mesh network
model with additional redundant connections to be made available to maintain
communications in the event of downtime or failure of any one individual connection.
The Smart City Services Agreement takes Aspire’s construction schedule into
consideration; Aspire cannot provide these connections until they construct their
network to a particular City facility. Pursuant to the Smart City Services Agreement,
Aspire must provide these connections by specified network construction milestones. If
they do not provide the connections by those milestones, Aspire will have to begin
reimbursing the City for a portion of its costs associated with procuring these
connections from other vendors.
Ultimately, when the Aspire network is fully deployed, the City will have access to a
faster network, achieve significant cost savings in the tens of thousands of dollars
annually, and have a more resilient network with additional redundancies built in to
mitigate any service disruptions caused by equipment failure or damage to individual
connections.
Initial Demand Points
The City has created a list of demand points where the City anticipates it may have use
for Internet service. It is most cost-effective and efficient for Aspire to install these
demand points while it is constructing its network at these locations. The Smart City
Services Agreement identifies 47 initial demand points where Aspire will provide an
Internet connection for the City’s use at no cost to the City. These locations are listed in
the Smart City Services Agreement, but generally include the following:
• Traffic Signals: City-owned traffic signals are included, to facilitate future traffic
signal interconnection technologies. It should be noted that signals in the
Moorpark Highlands and Serenata communities are only required if Aspire
deploys its network to residences on the private streets located in those
communities; homeowners association permission is required to access those
private streets.
• City Parks: All City-owned parks are included, except for the Community Center
Park (799 Moorpark Avenue). Aspire is already required to provide an Internet
connection at the Community Center, and any Internet services needed for that
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park would originate inside the building. Parks in the Moorpark Highlands and
Serenata communities are only required if Aspire deploys its network to those
communities.
• Other Facilities: The Moorpark Metrolink Station, High Street Arts Center,
Serenata Trail Trailhead, locations of potential future traffic signals, the western
terminus of Shadyridge Road (the emergency exit gate for the Moorpark Home
Acres neighborhood), and the future trailhead for the City-owned open space at
the eastern terminus of Campus Park Drive are also included.
Future Demand Points
It is likely that the City will have need for additional Internet service connections in the
future. The Smart City Services Agreement requires Aspire to provide the City with free
connections at any future signalized intersections built in new developments, if Aspire is
extending its network through those intersections.
For other future demand points, the Smart City Services Agreement requires Aspire to
offer a 25% discount to the City for any connection/construction costs and provide the
requested Internet service at a cost of $20 per month through June 30, 2026. That rate
will increase every July 1 thereafter by 3% annually.
Above-Ground Cabinets and Related Easements
As part of its fiber optic network infrastructure, Aspire is proposing to locate four above-
ground utility cabinets across the community. The cabinets measure up to 30” wide x
36” deep x 72” tall and are proposed to be located adjacent to parks rather than
residences or businesses to minimize visual impacts. The proposed cabinet locations
are:
- Tierra Rejada Park: Located in a mulch planter immediately behind the Mountain
Trail Street sidewalk, roughly midway between Cedar Springs Street and the
parking lot driveway to maximize vehicular sight lines.
- Peach Hill Park: Located in a mulched parkway between the sidewalk and
roadway adjacent to the northwest corner of the park.
- Veterans Memorial Plaza: Located in a groundcover-laden planter immediately
behind the Flinn Avenue sidewalk, adjacent to an existing above-ground utility
cabinet, separate from the actual memorial structures.
- Campus Canyon Park: Located in a mulched planter immediately behind the
Campus Canyon Drive sidewalk, roughly opposite the intersection with Monroe
Avenue.
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Additionally, Aspire is seeking to install fiber optic cable and conduit across the City-
owned property located at the western terminus of Shadyridge Road that contains the
emergency exit gate serving the Moorpark Home Acres community located in
unincorporated Ventura County. This infrastructure will facilitate Internet service for the
City for a potential future security camera for the emergency exit gate and also serve as
a gateway for a potential Aspire expansion to serve the Moorpark Home Acres
community.
For Aspire to utilize these locations outside of the City’s right-of-way, they must obtain
rights from the City to use these properties through an easement. Staff recommends
that the City Council delegate authority to grant access/utility easements to Aspire to the
City Manager at these locations. Doing so would allow Aspire to defer preparation of
precise plans for this construction until they reach that point of their project (i.e.,
identifying underground utility or irrigation lines that may result in the need to shift their
cabinets several feet away) and also reduce the time needed to obtain the necessary
easements because additional City Council approvals for the precise easement
locations would not be required.
Aspire Footprint, Speeds, Pricing, and Timing
Although the draft License Agreement allows Aspire to deploy its fiber optic network
within any City right-of-way located within the city limits, Aspire intends to deploy as
shown below:
Aspire has indicated that it does not intend to deploy its network in the neighborhoods
accessed by Championship Drive because both AT&T and Charter already operate fiber
optic networks in those neighborhoods. As described previously, Aspire does intend to
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deploy its network within private roads owned by many homeowners associations
(HOAs) throughout Moorpark as well. However, Aspire must obtain separate
permission from those HOAs to deploy its network within their private roads. Aspire’s
ultimate buildout will be subject to change as additional potential customers emerge,
particularly in nonresidential areas.
Aspire intends to offer three tiers of service to its customers, with each offering different
speeds at different monthly costs. In addition to offering lower prices for similar service,
Aspire’s network will greatly expand availability of high-speed uploads. That will be
especially beneficial for residents and businesses that upload large files, such as video.
A comparison of Aspire’s planned pricing, along with other in-ground ISPs offerings, is
shown below:
Provider Download Speed
(Mbps)
Upload
Speed
(Mbps)
Monthly Cost
Aspire (Tier 1) 500 500 $80.00
Aspire (Tier 2) 1,000 1,000 $95.00
Aspire (Tier 3) 2,000 2,000 $120.00
AT&T (Fiber, Tier 1)* 300 300 $65.00
(plus taxes/fees)
AT&T (Fiber, Tier 2)* 500 500 $75.00
(plus taxes/fees)
AT&T (Fiber, Tier 3)* 1,000 1,000 $90.00
(plus taxes/fees)
AT&T (Fiber, Tier 4)* 2,000 2,000 $155.00
(plus taxes/fees)
AT&T (Fiber, Tier 5)* 5,000 5,000 $255.00
(plus taxes/fees)
Spectrum (Tier 1) 500 20 $90.00
Spectrum (Tier 2) 1,000 35 $100.00
* AT&T Fiber has very limited availability in Moorpark, generally only available in
neighborhoods located along Championship Drive.
It should be noted that Aspire’s tiers and pricing are subject to change at any time and
are not fixed or otherwise regulated by the License Agreement. Similarly, the City has
no regulatory control over AT&T’s or Spectrum’s tier structures or pricing.
Aspire has advised that they will be able to begin installation of its network as soon as
May 2025 and anticipates needing 12 months of active construction. However, that will
be subject to weather conditions and permitting turnaround times for other agencies
such as Caltrans and the Ventura County Watershed Protection District.
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ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed the recommended actions and
associated agreements and found the project to be Categorically Exempt in accordance
with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because the
project consists of deployment of utility infrastructure within existing street, road, and
park facilities. Therefore, staff has determined that there is no substantial evidence that
the project would have a significant effect on the environment.
FISCAL IMPACT
The recommended actions would have a net positive fiscal impact on the City, both by
reducing expenditures and by increasing revenues. Staff estimates that utilizing
Aspire’s network, once fully built out, will save approximately $57,275 in Internet service
expenditures per year, increasing over time with inflation. As the City makes further use
of free Internet connections at various demand points (such as traffic signals and
parks), the City’s annual savings will increase. City revenues will increase over time as
Aspire adds customers and revenue share provisions ramp up. While no City revenue
share revenues are forecast for the remainder of FY 2024/25, estimated annual
revenues are forecasted for $12,000 in FY 2026/27, $64,000 in FY 2027/28, and
$200,000 annually by the fifth year. Actual revenues will ultimately depend on the
speed at which Aspire deploys its network and adds customers, the extent to which
Aspire will gain access to HOA-owned private roads, and the timing of new
development within Moorpark.
Staff estimates that up to $75,000 of outside civil engineering works may be completed
during FY 2024/25. Thus, staff has prepared the attached Supplemental Budget
Request to account for FY 2024/25 expenditures of $75,000 (Attachment 5) for outside
civil engineering consultants (m6 Consulting, Inc.) and offsetting revenues from Aspire
to reimburse the City for those expenditures. If the License Agreement is approved, the
City’s FY 2025/26 Budget will reflect the balance of offsetting revenues and
expenditures for the balance of the project.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Introduce Ordinance No. ___ allowing the use of microtrenching for fiber optic
cables and implementing SB 378; and
2. Adopt Resolution No. 2025-____ establishing microtrenching specifications and
standards; and
34
Honorable City Council
04/02/2025 Regular Meeting
Page 14
3. Approve the attached License Agreement with Aspire for access to and use of
the City’s right-of-way for fiber optic cable installation and accessory facilities for
its network, and authorize the City Manager to execute the Agreement subject to
final language approval by the City Manager and City Attorney; and
4. Approve the attached Smart City Services Agreement between the City and
Aspire by which the City obtains various services and physical infrastructure
improvements from Aspire for use by the City, and authorize the City Manager to
execute the Agreement subject to final language approval by the City Manager
and City Attorney; and
5. Authorize the City Manager to grant access/utility easements to Aspire for
infrastructure associated with the License Agreement and Smart City Services
Agreement; and
6. Adopt Resolution No. 2025-____ approving a Supplemental Budget Request to
amend the FY 2024/25 Budget to reflect offsetting revenues and expenditures
associated with plan check and inspection services needed to implement the
License Agreement.
Attachment 1: Draft Ordinance No. ___
Attachment 2: Draft Resolution No. ____ (Microtrenching)
Attachment 3: License Agreement with Aspire Broadband LLC
Attachment 4: Smart City Services Agreement
Attachment 5: Draft Resolution No. ____ (Budget Amendment)
35
ATTACHMENT 1
12853-0102\3061338v8.doc
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 12.04
(ENCROACHMENTS) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE MOORPARK
MUNICIPAL CODE TO ESTABLISH SPECIFIC
STANDARDS FOR THE PLACEMENT OF FIBER OPTIC
CABLE SYSTEMS AND ASSOCIATED APPURTENANCES
BY INTERNET SERVICE PROVIDERS IN THE PUBLIC
RIGHT-OF-WAY, ESTABLISHING MICROTRENCHING
STANDARDS AS REQUIRED BY GOVERNMENT CODE
SECTION 65964.5, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA
WHEREAS, internet service providers (ISPs) that do not operate as telephone
companies and which are not regulated by the California Public Utilities Commission
(CPUC) and do not have state preemptive law to use the public right-of-way under Public
Utilities Code Section 7901, and do not have a statewide franchise under the Digital
Infrastructure and Video Competition Act, have been established and seek to provide
broadband internet connections to residents, businesses and institutions in the city, and
many of these providers seek to do so using fiber optic cables and associated equipment
and appurtenances that are to be installed underground in the public right-of-way; and
WHEREAS, in the absence of state preemptive franchises, law or CPUC
regulation, each city in which these ISPs seek to operate require specific permission from
the city to place their fiber optic cables and associated equipment and appurtenances in
the city’s right-of-way; and
WHEREAS, California Government Code Section 65964.5 requires each city to
adopt or amend existing policies, ordinances, codes or construction rules to allow for
microtrenching for the installation of subsurface pipe or conduit within which to run fiber
optic cables within cities and counties; and
WHEREAS, the term “microtrenching” refers to the excavation of a narrow open
trench less than or equal to four inches in width and not less than 12 inches in depth and
not more than 26 inches in depth and that is created for the purpose of installing
subsurface pipe or conduit; and
WHEREAS, the potential hazards from and conflicts created by the existence of
fiber optic cables in the public right-of-way are different from traditional utilities, such as
water, sewer, gas, storm drains, electric and telephone, and call for specific regulations
that vary from requirements for other utilities and facilities; and
WHEREAS, the City seeks to facilitate the operation of internet service providers
in the City and to comply with state law with the adoption of city standards for
microtrenching in the public right-of-way which requires deviations from existing
encroachment standards currently set forth in the Moorpark Municipal Code; and
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Ordinance No. ___
Page 2
12853-0102\3061338v8.doc
WHEREAS, by this Ordinance, the City intends to protect the public health, safety
and welfare of the community by ensuring that the City complies with state law and
provides appropriate and safe standards for the excavation of trenches for fiber optic
cables and associated equipment and appurtenances; and
WHEREAS, the Community Development Director has reviewed this Ordinance
and found it to be Categorically Exempt in accordance with Section 15301 (Class 1:
Existing Facilities) of the CEQA Guidelines in that it consists solely of establishing
standards for deployment of utility infrastructure within existing street, road, and park
facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on
its own independent analysis and judgment, concurs with the Community Development
Director’s determination that the project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1:
Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental analysis
is required.
SECTION 2. Paragraph B of Section 12.04.010 (Title of provisions - References
to other ordinances) of Article I (General Provisions) of Chapter 12.04 (Encroachments)
of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is
hereby amended to read as follows:
“B. The provisions of this chapter shall operate as a supplement to all
applicable California Code sections concerning encroachments on city streets and
roadways.”
SECTION 3. Section 12.04.040 (Definitions) of Article I (General Provisions) of
Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the
Moorpark Municipal Code is hereby amended to add the following definitions in
alphabetical order:
“‘Director’ means the director of the city’s department of public works or his or her
designee.”
“‘Fiber’ means fiber optic cables, and related ancillary equipment such as conduit,
ancillary cables, hand holes, vaults and terminals.”
“‘Microtrench’ means a narrow open excavation trench that is less than or equal to
4 inches in width and not less than 12 inches in depth and not more than 26 inches in
depth and is created for the purpose of installing a subsurface pipe or conduit.”
“‘Microtrenching’ means the excavation of a microtrench.”
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Ordinance No. ___
Page 3
12853-0102\3061338v8.doc
SECTION 4. Section 12.04.040 (Definitions) of Article I (General Provisions) of
Chapter 12.04 (Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the
Moorpark Municipal Code is hereby amended to amend the following definition:
“‘Commissioner’ shall mean the director.”
SECTION 5. Paragraph G of Section 12.04.430 (Fees and Costs) of Article II
(Application for and Issuance of Permits) of Chapter 12.04 (Encroachments) of Title 12
(Streets, Sidewalks and Public Places) of the Moorpark Municipal Code is hereby
amended to read as follows:
“Unless otherwise provided in a license agreement or other agreement
between the city and the applicant, the schedule of fees or charges will be
those recommended by the director and adopted by resolution of the city
council from time to time. Where work for which a permit is required by this
chapter is started or proceeded with, prior to obtaining said permit, the
specified fees shall be doubled, but the payment of such double fee shall
not relieve any persons from fully complying with the requirements of this
chapter in the execution of the work nor from any other penalties prescribed
herein.”
SECTION 6. Article VIII (Appeals and Penalties) of Chapter 12.04
(Encroachments) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark
Municipal Code is hereby renumbered as Article IX, existing Sections 12.04.940 through
12.04.950 are renumbered as 12.04.950 and 12.04.960 respectively, and a new Article
VIII is added to read as follows:
“Article VIII. Microtrenching and
Other Standards for Internet Service Providers
“12.04.940 Special Standards for Internet Service Providers.
A. This article shall apply to internet service providers that: (i) do not
operate as telephone companies regulated by the California Public Utilities
Commission (CPUC); (ii) do not have state preemptive law to use the public
right-of-way under Public Utilities Code Section 7901, and (iii) do not have
a statewide franchise under the Digital Infrastructure and Video Competition
Act.
B. Permittees within the scope of this article shall be subject to
microtrenching installation standards recommended by the director,
adopted by resolution of the city council, and as may be amended from time
to time. In the event of a conflict between the provisions of this chapter and
the microtrenching installation standards adopted by the city council, the
microtrenching installation standards adopted by the city council by
resolution shall control.
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Ordinance No. ___
Page 4
12853-0102\3061338v8.doc
C. Permittees within the scope of this article shall enter into a license
agreement or other similar agreement with the city for operation in the city’s
rights-of-way. Such license agreement or similar agreement may contain
provisions that vary from the provisions of this chapter including provisions
related to fees and costs and may vary from the provisions of a fee
resolution adopted by the city council. In the absence of a contrary
provision contained in the license agreement or other agreement, the
requirements of this chapter shall apply to permittees within the scope of
this article.”
SECTION 7. If any section, subsection, sentence, clause, phrase, part or portion
of this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 8. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED and ADOPTED this ____ day of ___________, 2025
_______________________________
Chris R. Enegren, Mayor
ATTEST:
_________________________________
Ky Spangler, City Clerk
39
ATTACHMENT 2
12853-0102\3070828v4.doc
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING STANDARD
PLANS AND SPECIFICATIONS FOR MICROTRENCHING
FOR THE PLACEMENT OF FIBER OPTIC CABLE
SYSTEMS AND ASSOCIATED APPURTENANCES BY
INTERNET SERVICE PROVIDERS IN THE PUBLIC RIGHT-
OF-WAY, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, California Government Code Section 65964.5 requires each city to
adopt or amend existing policies, ordinances, codes or construction rules to allow for
microtrenching for the installation of subsurface pipe or conduit within which to run fiber
optic cables within cities and counties; and
WHEREAS, the term “microtrenching” refers to the excavation of a narrow open
trench less than or equal to four inches in width and not less than 12 inches in depth and
not more than 26 inches in depth and that is created for the purpose of installing
subsurface pipe or conduit; and
WHEREAS, the potential hazards from and conflicts created by the existence of
fiber optic cables in the public right-of-way are different from traditional utilities, such as
water, sewer, gas, storm drains, electric and telephone, and call for specific regulations
that vary from requirements for other utilities and facilities; and
WHEREAS, the City seeks to facilitate the operation of internet service providers
in the City and to comply with state law with the adoption of City standards for
microtrenching in the public right-of-way which requires deviations from existing
encroachment standards currently set forth in the Moorpark Municipal Code; and
WHEREAS, by Ordinance No. ___, the City adopted Article VIII of Chapter 12.04
of the Moorpark Municipal Code to establish specific and separate standards for
microtrenching encroachments by Internet service providers. Permittees for
encroachments within the scope of that new Article VIII are to be subject to microtrenching
installation standards recommended by the Director of Public Works which are to be
adopted by resolution of the City Council; and
WHEREAS, the purpose of this Resolution is to adopt microtrenching installation
standards as recommended by the Director of Public Works as provided by Section
12.04.940 of the Moorpark Municipal Code; and
WHEREAS, the Community Development Director has reviewed this Resolution
and found it to be Categorically Exempt in accordance with Section 15301 (Class 1:
Existing Facilities) of the CEQA Guidelines in that it consists solely of establishing
standards for deployment of utility infrastructure within existing street, road, and park
facilities.
40
Resolution No. 2025-____
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on
its own independent analysis and judgment, concurs with the Community Development
Director’s determination that the project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1:
Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental analysis
is required.
SECTION 2. The City Council, based on the recommendation of the Director of
Public Works, does hereby adopt the microtrenching plans and specifications contained
in Exhibit A to this Resolution as the standard microtrenching requirements for the City of
Moorpark for Internet service and other providers installing underground fiber optic cable
using microtrenching, within the scope of Government Code Section 65964.5.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED and ADOPTED this 2nd day of April, 2025
_______________________________
Chris R. Enegren, Mayor
ATTEST:
_________________________________
Ky Spangler, City Clerk
Attachment – Exhibit A
41
Resolution No. 2025-____
Page 3
EXHIBIT A
Microtrenching installation standards for Internet service and other providers
installing underground fiber optic cable using microtrenching
within the scope of Government Code Section 65964.5.
42
Resolution No. 2025-____
Page 4
43
Resolution No. 2025-____
Page 5
44
Resolution No. 2025-____
Page 6
45
Resolution No. 2025-____
Page 7
46
Resolution No. 2025-____
Page 8
47
Resolution No. 2025-____
Page 9
48
Resolution No. 2025-____
Page 10
49
Resolution No. 2025-____
Page 11
50
Resolution No. 2025-____
Page 12
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Resolution No. 2025-____
Page 13
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Resolution No. 2025-____
Page 14
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Resolution No. 2025-____
Page 15
54
ATTACHMENT 3
NON-EXCLUSIVE LICENSE AGREEMENT
This NON-EXCLUSIVE LICENSE AGREEMENT (“Agreement” or “License”) is entered
into this _______ day of ______________, 2025 (the “Effective Date”) by and between
the CITY OF MOORPARK, a California municipal corporation (“City”) and ASPIRE
BROADBAND, LLC, a Florida limited liability company (“Licensee”). For the purposes of
this License, City and Licensee may be referred to collectively as the “Parties” or
individually as a “Party.”
RECITALS
WHEREAS, Licensee has proposed the installation of a City-wide fiber optic cable
system and associated appurtenances, which is intended to provide benefits to City and
its residents and businesses through the provision of internet access and related data
services; and
WHEREAS, Article VIII “Microtrenching and Other Standards for Internet Service
Providers,” of Chapter 12.04 “Encroachments,” of Title 12 “Streets, Sidewalks, and Public
Places” of the Moorpark Municipal Code, authorizes the City to enter into license
agreements with internet service providers not otherwise having preemptive rights under
State law to use public rights of way, allowing such providers to install, operate and
maintain communications lines including fiber optic cables, conduits, and related
infrastructure, necessary for the provision of internet and related data services in, under
and/or upon City streets, rights of way and other City property. Any such license
agreement may contain provisions that deviate from the requirements of Chapter 12.04,
including provisions relating to fees and costs, and/or construction and permitting
requirements; and
WHEREAS, Licensee and City desire to enter into this Agreement in order to
authorize Licensee to encroach in, under, and/or upon City streets, rights of way, and
other City-owned areas, for the purpose of installing, operating, and maintaining optic
fiber cables, related conduits and other infrastructure comprising the fiber optic cable
system and necessary to provide internet access and related data services (collectively,
“System”); and
WHEREAS, City and Licensee further enter into this License to set forth terms and
conditions governing Licensee’s use of City’s streets, rights of way, and other City
property in order to install, operate and maintain the System, and to set forth additional
obligations of the Parties.
NOW THEREFORE, in consideration of the mutual promises and agreements
contained in this License, the Parties agree as follows:
1. Recitals. The facts set forth in the recitals, above, are true and correct, and
are hereby incorporated by this reference.
55
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2. Term and Termination of License. The term of this License (“Term”) shall
commence on the Effective Date of the License. Unless sooner terminated as provided
herein, the initial term of this License (“Initial Term”) shall be for a period of ten (10) years,
commencing on the Effective Date. This License may be automatically renewed for up to
eight (8) additional, successive, five (5) year terms (each a “Renewal Term”), unless
either Party provides the other with written notice of non-renewal not less than ninety (90)
days prior to the expiration of the Initial Term or any then-current Renewal Term.
Notwithstanding the foregoing, either Party may terminate this agreement following
a defaulting Party’s failure to cure its default after provision of not less than thirty days’
prior, written notice of default and demand to cure being served on the defaulting Party.
Licensee shall have the right to terminate this License, at any time, without cause,
by providing City with not less than six (6) months’ prior, written notice. Upon such
termination, this License shall become null and void and neither Party shall have any
further rights or duties hereunder, except for those provisions that survive this Agreement.
Within sixty (60) days of the effective date of termination or expiration, Licensee
shall, at City’s option: (i) obtain City’s written approval to abandon some or all of the
Facilities (as defined) in place, and remove any facilities not so approved for
abandonment; or (ii) remove all of Licensee’s Facilities, and restore all affected City
property to its original conditions, reasonable wear and tear excepted. At no cost to the
City, the City may, but is not required to, take immediate ownership of Facilities
abandoned in place.
3. Grant of License.
A. Licensee is hereby granted a license to install, operate, and maintain the
System, including all related facilities, fiber optic cables, equipment, and infrastructure
(collectively, “Facilities”), in, over, and upon City streets, rights of way, and other City-
owned property (collectively, “Rights of Way”), comprising five (5) license areas, all as
more fully described in Exhibit A, attached hereto and incorporated by this reference
(individually and collectively, “License Area”). All Facilities are and shall remain the
property of Licensee, except any Facilities authorized by City to be abandoned in place.
The License Area further includes City properties outside the Rights of Way located at
the western terminus of Shadyridge Road, which contains the emergency access gate
serving the Moorpark Home Acres community, and locations located at Peach Hill Park,
Tierra Rejada Park, Veterans Memorial Plaza, and Campus Canyon Park to facilitate
locations of aboveground utility cabinets. These above-listed City properties and
approximately locations are shown in Exhibit A, and precise locations will be determined
by mutual agreement of the City and Aspire at the time of issuance of the corresponding
Encroachment Permit for that portion of the License Area and subject to the City granting
any necessary corresponding access and utility license/easement to Aspire over its
property, the granting of which shall not be unreasonably withheld by the City. The
License Area does not include any other private property, even if surrounded by the
License Area. Plans and specifications accurately depicting the location of all Facilities
must be approved in writing by the City Engineer prior to Licensee commencing any
56
-3-
installation activities pursuant to this License, and upon such approval, shall be deemed
to be part of this Agreement. Licensee shall not materially alter, modify, or revise the
approved plans or specifications, or any of the approved Facilities, including any alteration
that would affect the location or overall size of any of the Facilities, without City’s prior,
written consent.
This is a revocable license. No other interest of any kind is created by this
Agreement. Licensee acknowledges that its exercise of rights pursuant to this License
may create a taxable, possessory interest, and that Licensee, not City, shall be
responsible for payment of any such tax. Nothing herein shall exempt Licensee from
City’s business license tax requirements.
B. During the Term, Licensee shall have the right to analyze the suitability of
the License Area for its intended use. Licensee and its employees, agents, contractors,
engineers, and surveyors shall have the right to enter upon the License Area to inspect,
conduct, perform and examine soil borings, drainage testing, material sampling, surveys
and other geological or engineering tests or studies of the License Area, and to do those
things on the License Area that, in the sole opinion of Licensee, are necessary to
determine the physical condition of the License Area, the environmental history of the
License Area, City’s title to the License Area and the feasibility or suitability of the License
Area for Licensee’s use as defined in the License, all at Licensee’s expense (the “Due
Diligence”). Activities conducted in connection with Licensee’s Due Diligence shall not be
deemed to constitute commencement of construction of improvements. Upon completion
of Licensee’s Due Diligence activities, Licensee shall promptly restore the License Area
to its prior condition, reasonable wear and tear excepted. To facilitate Licensee’s Due
Diligence, City hereby grants Licensee and its employees, agents, contractors, engineers
and surveyors the right to use temporary pedestrian and vehicular access from a public
road to the License Area.
C. Licensee is also authorized to utilize existing and future City-owned conduit,
including but not limited to existing conduit within High Street, Princeton Avenue, and
Spring Road, and dark fiber in connection with operation of the System, as may be
expressly authorized in writing by City, subject to the provisions of this License.
4. License Fee. As consideration for the right to use and occupy the License
Area for the purposes authorized herein, Licensee agrees to pay City fees pursuant to
the fee structure set forth in Exhibit B, attached hereto and incorporated by reference
herein.
5. Access Procedure.
A. Licensee shall access the License Area in accordance with the terms and
conditions of this License, and pursuant to any additional permits issued by the City as
may be required, including required notifications to the City prior to accessing the License
Area. The fees and costs of any construction permits and/or costs of inspection shall be
paid for by Licensee. Prior to Licensee commencing installation, License shall post and
throughout the Term maintain a minimum deposit from which such fees and costs will be
57
-4-
withdrawn as City’s services are performed. Deposit amounts shall be as further
described in Exhibit B attached hereto and incorporated by reference herein. Upon
completion of all installation and construction, any funds remaining will be returned to
Licensee.
B. “Encroachment Requirements and Technical Specifications” for
encroaching into City Rights of Way, including microtrenching and connecting to power
sources and third party data transmission facilities, and specifications related to the
proposed fiber optic cable, conduit, and related equipment, are set forth in Exhibit C
attached hereto and incorporated by reference herein. Microtrenching requirements
include those set forth in the resolution adopted by the City Council pursuant to Article
VIII of Chapter 12.04 of Title 12 of the Moorpark Municipal Code, and the same is
incorporated by reference herein. Subject to the foregoing, the provisions of Chapter
12.04 shall not apply to this License except as expressly provided herein.
C. City shall designate and use a single point of contact (“City Contact”)
representing the City’s Public Works Department and Building and Safety Division, for the
processing of all work under and associated with this License. The City Contact will be
responsible for facilitating and expediting the plan checks, inspections, and
communicating with Licensee, its contractors, representatives, and the general public at
the City’s request regarding the construction process and progress.
Licensee shall designate and use a single point of contact (“Licensee Contact”)
who shall have authority to make decisions on behalf of Licensee required or permitted
under this Agreement concerning all aspects of installation and operation of the System.
D. During the term of this License, City shall provide an expedited, diligent
review of all applications for permits, to the extent permits are necessary, including
permits or other necessary items for construction work on the System within the Rights
of Way. City acknowledges and agrees that in order for Licensee to perform its obligations
under this License, time is of the essence in connection with permitting and approval of
the System. Accordingly, City agrees to complete plan review or issue a permit within
fourteen (14) calendar days for any initial submittal and within seven (7) calendar days
for any resubmittal, in recognition of the performance schedule listed in Exhibit D or as
otherwise agreed to in writing by the Parties.
E. Prior to commencing construction of any individual License Area of the
System and throughout the Term hereof, Licensee shall provide and maintain security to
ensure completion of the System in accordance with approved plans and specifications,
as may be amended from time to time, and/or restoration of the License Area, following
termination or expiration of this Agreement. Such security shall be in the amount of one
million dollars ($1,000,000) per License Area, and shall be in the form of a performance
bond, letter of credit, or cash deposit, acceptable to City. City may require the amount of
such security to be increased based on any expansion of the License Area, and may
authorize a reduction in such amount following satisfactory completion of installation.
Upon completion of any individual License Area of the System, City shall release the
corresponding security within a reasonable time.
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F. Prior to commencing construction of the System in any individual street
within the License Area, Licensee shall make the following notifications to each affected
residence and business:
i. At least fourteen (14) calendar days before commencing construction,
Licensee shall post a door hanger that includes, at minimum, information
about what to expect during construction and contact information for
Licensee.
ii. At least seventy-two (72) hours before commencing construction,
Licensee shall place ‘No Parking’ signs that include, at minimum, the
date(s) of construction, information regarding any parking prohibitions,
and contact information for Licensee, for use by affected residents and
businesses.
G. Upon completion of construction of any portion of the System, Licensee
shall deliver a post-construction door hanger advising any affected residence and
business that construction has been completed.
6. [This section is intentionally left blank.]
7. Standard of Care. All work and Licensee operations within the License
Area, including any and all entry upon, over, under or along the Rights of Way, must be
performed under the supervision of Licensee and its contractors, in a good and skillful
manner, and in compliance with all applicable standards contained in the Moorpark
Municipal Code, and any and all applicable local, State, and federal laws, statutes, codes,
orders and regulations. Any and all damage to any property within the License Area,
including the Rights of Way, resulting from the activities of Licensee must be repaired by
Licensee at Licensee’s sole expense, and to the reasonable satisfaction of City. The
excavation within any Rights of Way by Licensee must be monitored by Licensee for any
lateral movement or other forms of trench failure.
8. Utilities and Maintenance.
A. Licensee will pay for all utilities necessary to operate the System. City will
cooperate with Licensee’s efforts to obtain utilities from any location provided by City or
the servicing utility. Licensee agrees to obtain utility access from the nearest possible
connection to minimize damage to the Rights of Way, to the extent commercially
reasonable and acceptable to City. Throughout the term of this License, Licensee agrees
to maintain its facilities in good operational and safe condition, in good condition as to
aesthetic issues including painting of equipment and refuse removal at work locations
within the License Area.
B. Any and all damage to the Rights of Way resulting from maintenance
activities of Licensee must be promptly repaired by Licensee at no expense to City, to
the condition existing prior to such activities, and to the reasonable satisfaction of City.
59
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C. Licensee shall obtain a blanket encroachment permit to conduct
maintenance activities as set forth in Moorpark Municipal Code Section 12.04.350, as
may be amended, subject to the conditions and terms of this License.
D. Except in the event of an emergency, Licensee shall provide notice to City
at least forty-eight (48) hours prior to any intended access of the License Area. In the
event of an emergency (which shall include any loss of service), Licensee shall provide
notice to City as soon as practicable and if at all possible, prior to accessing the License
Area. Licensee shall comply at all times with the then-current California Manual on
Uniform Traffic Control Devices (CA-MUTCD), and any other applicable City or State
regulations.
E. Licensee shall at all times maintain and provide to City a 24-hour
emergency telephone number, by which Licensee shall, upon an emergency notification
from City, dispatch a Licensee representative to arrive as needed within one hour of
receipt of the City’s call.
9. Notices. All notices permitted or required hereunder shall be in writing and
shall be given by (i) established national courier service which maintains delivery records,
(ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt
requested. Notices are effective upon receipt, or upon attempted delivery if delivery is
refused or if delivery is impossible because of failure to provide reasonable means for
accomplishing delivery. The notices shall be sent to the Parties at the following
addresses:
CITY: City of Moorpark
Attn: City Manager
323 Science Drive
Moorpark, CA 93021
LICENSEE: Aspire Broadband, LLC
41 Skyline Drive, Suite 1001
Lake Mary, FL 32746
10. Insurance. Prior to commencing any work within the License Area
including Due Diligence activities, Licensee shall procure, and throughout the term of this
Agreement maintain, commercial general and auto liability insurance, and workers
compensation, as more fully described in Exhibit E, attached hereto and incorporated by
reference herein.
11. Indemnity. To the fullest extent permitted by law, Licensee agrees to
defend and pay reasonable attorney’s fees and experts’ costs, indemnify and hold City,
its elected and appointed officials, officers, employees, and agents (the “Indemnified
Parties”) harmless with respect to any and all claims, stop notices, judgments, penalties,
losses, damages, injuries and liability including, but not limited to, claims and liability for
bodily injury, death, and/or property damage (collectively, “Losses”), arising out of, related
to, or caused by the acts, omissions, or willful misconduct of Licensee, its officials,
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officers, employee, consultants, or contractors related to or in connection with the
exercise of rights and/or performance of obligations under this Agreement, except to the
extent such Losses are caused by the active negligence or willful misconduct of any of
the Indemnified Parties.
Licensee shall not cause or permit the escape, disposal or release of any
Hazardous Materials within, upon or from the License Area, in any manner prohibited by
law. Licensee shall indemnify, defend and hold the Indemnified Parties harmless with
respect to any and all Losses, including but not limited to, all costs of remediation, removal
and disposal, arising out of or related to the release of any Hazardous Materials within
the License Area by License, or any of its employee, agents or contractors. For purposes
of this License, the term “Hazardous Materials” means any substance which is (i)
designated, defined, classified or regulated as a hazardous substance, hazardous
material, hazardous waste, pollutant or contaminant under any Environmental Law, as
currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon,
including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead,
(v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive
materials. “Environmental Laws” means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic
Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials
Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections
1251 et seq., as said laws have been supplemented or amended to date, the regulations
promulgated pursuant to said laws and any other federal, state or local law, statute, rule,
regulation or ordinance which regulates or proscribes the use, storage, disposal,
presence, clean-up, transportation or release or threatened release into the environment
of Hazardous Materials.
12. Relocation of Facilities.
A. Relocations at Licensee’s Expense. Whenever, during the Term of this
License City (i) changes the grade, width or location of any street or improves any street
in any manner, including the laying of any sewer, storm drain, conduits, gas, water,
electric or other utility system, or other pipes owned or operated by City or any other City-
controlled public agency or City-controlled public utility, (ii) constructs any pedestrian
tunnels, (iii) moves existing utilities where Licensee’s facilities are located to an
underground location, or (iv) performs other work and such work will, in the sole opinion
of City, render necessary any change in the position or location of any of the Facilities in
or into the street, Licensee shall, at its own cost and expense, effect such change in
position or location, in reasonable conformity with the written notice of City to Licensee,
and make reasonable restorations as requested by City, which shall be subject to all
terms and conditions of this License. This provision shall not apply where Licensee has
an easement superior to the subject easement at the time of such written notice of City
and can furnish evidence, when required, of such superior easement.
If Licensee fails or refuses to relocate its affected Facilities located in, on, upon,
along, under, over, across or above any highway or to pave, surface, grade, repave,
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resurface or regrade in accordance with the provisions of this License, City may
undertake commercially reasonable efforts to cause the work to be performed and shall
maintain itemized records reasonably documenting the cost and expense associated
therewith. Licensee shall reimburse City for such cost and expense within thirty (30) days
after presentation to Licensee of the itemized records reasonably documenting such cost
and expense. Notwithstanding the foregoing, Licensee is under no obligation to pay for
relocation of public utilities or other infrastructure in the License Area that is not owned
and controlled by Licensee.
B. Expense of Others. Except as provided elsewhere in this License, when
rearrangement of Facilities is done for the accommodation of any third party, the cost of
such rearrangement will be borne by such party, not Licensee.
C. Rearrangement of the Facilities of Others. Nothing contained in this
License will be construed to (i) require City to move, alter or relocate any of its
infrastructure, utilities, or other facilities upon said streets, at its own expense, for the
convenience, accommodation or necessity of any other public utility, person, firm or
corporation, or (ii) require City or any person, firm or corporation now or hereafter owning
a public utility system of any type or nature, to move, alter or relocate any part of its
system upon said streets for the convenience, accommodation or necessity of Licensee.
D. Notice of Relocation. Licensee will be given not less than ninety (90) days’
prior written notice of any necessary relocation or rearrangement of Facilities that
Licensee is required to make hereunder. Such notice will specify in reasonable detail the
work to be performed by Licensee and will specify the time for completion of the work to
be accomplished. In the event City changes the provisions of any such notice provided
to Licensee, Licensee shall have an additional period of time, not less than ninety (90)
days, to accomplish such work, to the extent reasonably feasible to complete
performance of the work within such additional period of time. In the event Licensee fails
to complete the work in compliance with such written notice following service of same
upon Licensee (unless Licensee will be unable to comply with such notice by reason of
strikes, riots, acts of God, or act of public enemies), City may cause the work required in
the notice to be performed by City or at the election of City, by a private contractor, in a
commercially reasonable manner, at Licensee’s sole cost and expense, pursuant to the
provisions of this License.
E. Eminent Domain. If more than twenty-five percent (25%) of the License
Area shall be taken or appropriated by any public or quasi-public authority under the
power of eminent domain, either Party hereto shall have the right, at its option, to
terminate this License, and City shall be entitled to any and all income, rent, award, or
any interest therein whatsoever which may be paid or made in connection with such
public or quasi-public use or purpose, and Licensee shall have no claim against City for
the value of any unexpired term of this License. If either less than or more than twenty-
five percent (25%) of the License Area is taken, and neither Party elects to terminate as
herein provided, the rental thereafter to be paid shall be equitably reduced.
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13. Non-Interference
A. Interference with Licensee’s Business. City agrees that it will not
knowingly permit the construction, installation, or operation within the License Area of
any additional communications facilities or any equipment or device that interferes with
Licensee’s use of the System, except as to City’s right to relocation and rearrangement
as set forth herein.
B. Interference with City’s Business. Licensee shall operate its System in
a manner that will not interfere with the use or enjoyment of the Property by City or by
existing or future licensees on the Property.
14. As-Built Drawings. Prior to the City’s release of the performance bond for
any individual phase of the network, Licensee shall provide the City with as-built drawings
in both PDF format and a GIS-compatible format.
15. General Terms and Conditions.
A. Assignment. This License may not be assigned by Licensee without the
City’s prior, written consent and such assignee agreeing in writing to the terms of this
Agreement. Notwithstanding the foregoing, the transfer of the rights and obligations of
Licensee to a parent, subsidiary, or other affiliate of Licensee, or to any successor-in-
interest or entity acquiring fifty-one percent (51%) or more of Licensee’s stock or assets
will not be deemed an assignment for the purposes of this License and will not require
the City’s prior, written consent provided that Licensee reasonably demonstrates to City’s
reasonable satisfaction compliance with the following criteria: (i) the proposed transferee
will have a financial strength after the proposed transfer at least equal to that of Licensee
immediately prior to the transfer; (ii) the proposed transferee assumes in writing all of
Licensee’s obligations under this License; and (iii) the experience and technical
qualifications of the proposed transferee in providing telecommunications or similar
services evidences the ability to sustainably operate the network.
B. Governing Law and Venue. This Agreement shall be construed under and
governed by the laws of the State of California without regard for conflicts of laws
principles. Venue for any legal action arising out of this Agreement shall be the Superior
Court for the County of Ventura, California, or the U.S. District Court, Central District,
State of California.
C. Integrated Agreement. This Agreement, together with all exhibits and
documents referenced herein, constitutes the entire agreement between the Parties with
respect to the subject matter herein. The provisions of this document shall govern in the
event of any conflict or inconsistency with any exhibit hereto or other document(s)
referenced herein. No modification of this Agreement shall be binding unless in writing
and executed by both Parties. No written or verbal promise, representation or agreement
that is not expressly set forth herein shall be binding or have any force or effect.
D. Time is of the Essence. Time is of the essence in every term herein.
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E. Electronic Signatures. Each Party agrees that the electronic signatures of
the Parties are intended to authenticate this writing and to have the same force and effect
as manual signatures. As used herein, “electronic signature” means any electronic sound,
symbol, or process attached to or logically associated with this License and executed and
adopted by a Party with the intent to sign such License, including digital, facsimile or email
electronic signatures.
F. Waiver. The failure of either Party at any time to require performance by
the other party of any provision of this Agreement shall in no way affect that Party’s right
to enforce such provisions, nor shall the waiver by either Party of any breach of any
provision of this Agreement be taken or held to be a waiver of any further breach of the
same provision.
G. Severability. If any term, provision or condition in this License shall, to any
extent, be declared invalid or unenforceable, then, unless such invalidation would deprive
a Party of its essential purpose for entering into this Agreement, the remainder of this
License shall not be affected thereby, and each term, provision and condition of this
License shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts. This Agreement may be executed simultaneously or in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same agreement.
IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and
conditions of this License, the duly authorized representatives of the Parties have
executed this Agreement and License as of the Effective Date set forth herein.
CITY:
CITY OF MOORPARK,
a California municipal corporation
By:
Name:
Title:
Date:
LICENSEE:
ASPIRE BROADBAND, LLC,
a Florida limited liability company
By:
Name:
Title:
Date:
Attest:
Ky Spangler, City Clerk
64
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EXHIBIT A
LICENSE AREA AND DESCRIPTION OF FACILITIES
BELOW: LICENSE AREA PHASES
65
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BELOW: ASPIRE’S INITIAL NETWORK DEPLOYMENT
66
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EXHIBIT B
LICENSE FEE STRUCTURE
PERMIT FEES
1. Annual Blanket Encroachment Permit Fee. The total City fees for a single Annual
Blanket Encroachment Permit, required pursuant to Section 8.C of this Agreement,
shall not exceed $925.00. This cap shall be inclusive of the application fee,
permit/inspection fees, and Technology Enhancement Fee and any other similar
surcharge based on application and/or permit/inspection fees that may be adopted by
the City in the future.
2. Encroachment Permit Fees for Installation and Construction. City and Licensee
agree that the Encroachment Permit Fees contained in the City’s Schedule of Fees
and Services Charges would result in the City collecting more fees than the cost to
provide the associated services. Accordingly, City and Licensee agree to the
following:
a. Licensee shall reimburse City for the City’s actual incurred costs associated with
plan checking, permitting, inspecting, and administration of this Agreement
(“Incurred Costs”). These actual Incurred Costs will be the actual amount billed by
the City’s civil engineering consultant, plus a 15% administrative fee to reimburse
the City for its staff time in overseeing the consultant, issuing the permits,
recordkeeping, etc.). The Encroachment Permit Fees for Installation and
Construction shall be exempted from the City’s Technology Enhancement Fee.
b. For each individual Encroachment Permit application submitted by Licensee to the
City, Licensee shall make a deposit toward to the City’s Incurred Costs, from which
the City will draw down to pay any costs associated with this Agreement. The
deposit amount shall be $70,000.00 per phase as shown in Exhibit A (Phases 1A,
1B, 2, and 3). The deposit amount for any proposed Encroachments in Phase 4
shall be as mutually determined by City and Aspire based on the proposed scope
of work and estimated costs to City to provide plan check, permitting, and
inspection services associated with that scope of work.
c. If the City’s actual Incurred Costs exceed Licensee’s deposits, City shall invoice
Licensee for additional deposits to reflect the higher Incurred Costs. Licensee shall
pay invoices within forty-five (45) days. City and Licensee acknowledge that plan
check and inspection fees associated with bridge crossings will be greater than
those needed for installation within streets and will likely result in supplemental
deposit payments described in this subsection.
d. Notwithstanding the foregoing, if the City’s actual Incurred Costs exceed $400,000,
Licensee and City shall confer to estimate the Incurred Costs necessary for the
City’s civil engineering consultant to complete the project (“Remaining Incurred
Costs”). If the Remaining Incurred costs are $100,000 or less, Licensee shall be
67
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responsible for paying 50% of the Remaining Incurred Costs, and the City shall
absorb the other half needed to provide remaining plan check, permitting, and
inspection services utilizing City staff. Inasmuch as City staff would be directly
providing some of the remaining services, Licensee and City explicitly
acknowledge Licensee is responsible for paying 50% of the Remaining Incurred
Costs, as distinct from the City’s Incurred Costs. If the Remaining Incurred Costs
exceed $100,000, then City shall provide $50,000 of City staff services at no cost
to Licensee, at the staff hourly billable rates in effect at the time services are
provided, and Licensee shall be responsible for the City’s actual Incurred Costs
above $450,000.
e. Upon final sign-off of the final Encroachment Permit for installation and
construction, City shall refund any remaining funds deposited by Licensee toward
the City’s actual Incurred Costs associated with this Agreement to Licensee within
forty-five (45) days.
3. Revenue Share. In exchange for access to the City’s right-of-way and fiberoptic
conduit throughout License Area, Licensee shall pay City a portion of its gross
revenues (Revenue Share) according to the following.
a. Amount. The Revenue Share shall be according to the schedule below:
0-1,999 Subscribers $250 per Calendar Quarter
2,000-2,999 Subscribers 2% of Gross Revenue
3,000-4,999 Subscribers 3% of Gross Revenue
5,000-5,999 Subscribers 4% of Gross Revenue
6,000-6,999 Subscribers 5% of Gross Revenue
7,000 or More Subscribers 6% of Gross Revenue
The count of subscribers for this purpose shall be the cumulative number of
subscribers within the Moorpark City Limits, not the number exclusively within the
License Area, and shall be the number of subscribers on the final day of each
calendar quarter.
b. Frequency of Payments. Licensee shall make Revenue Share payments to City
on a quarterly basis, based on the number of subscribers on the final day of March,
June, September, and December. Payments shall be due within forty-five (45)
days of the close of each calendar quarter.
c. Initial Payment. The Revenue Share payment for the calendar quarter in which
this Agreement is executed shall be $0.00.
d. Revenue Report. Licensee shall provide an accompanying report to City with each
payment listing the number of subscribers in each service tier and total revenues
from each tier used to calculate the Revenue Share payments.
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e. Auditable Records. Throughout the term of this Agreement, and for four years
following termination or expiration, Licensee shall maintain detailed records of all
revenues received in connection with this Agreement. The City shall have the right
to inspect and audit any or all such records during normal business hours, upon
seventy-two hours prior, written notice.
4. Fees Not Listed Above. For City fees not listed above, City and Licensee agree that
Licensee shall pay City the fees contained in the City’s Schedule of Fees and Service
Charges in effect at the time that a fee is due. This includes, but is not limited to, fees
for Building Permits, Zoning Clearances, and Technology Enhancement Fees. Such
permit fees associated with the installation and construction of the System shall count
toward the $400,000 Incurred Cost limit contained in Section 2.d, above.
5. Business Registration. Aspire shall maintain a current Business Registration with
the City during the term of this Agreement and shall be responsible to pay associated
City fees in effect at the time a Business Registration is renewed. Business
Registration fees shall not be counted toward the $400,000 Incurred Cost limit
contained in Section 2.d, above.
69
EXHIBIT C
ENCROACHMENT REQUIREMENTS AND TECHNICAL SPECIFICATIONS
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
EXHIBIT D
TENTATIVE SCHEDULE OF CONSTRUCTION
Cabinet
Permit
#
Permit
Submit
Permit
Received CX Start
CX
Complete Fiber Start
Fiber
Complete
ASPIRE_MOORPARK
FDH 1
1 3/29/2025 4/28/2025 5/5/2025 5/15/2025 5/18/2025 5/25/2025
ASPIRE_MOORPARK
FDH 2
1 3/29/2025 4/28/2025 5/17/2025 5/27/2025 5/30/2025 6/6/2025
ASPIRE_MOORPARK
FDH 3
1 3/29/2025 4/28/2025 5/29/2025 6/8/2025 6/11/2025 6/18/2025
85
Cabinet
Permit
#
Permit
Submit
Permit
Received CX Start
CX
Complete Fiber Start
Fiber
Complete
ASPIRE_MOORPARK
FDH 4
2 5/2/2025 6/1/2025 6/10/2025 6/20/2025 6/23/2025 6/30/2025
ASPIRE_MOORPARK
FDH 5
2 5/2/2025 6/1/2025 6/22/2025 7/2/2025 7/5/2025 7/12/2025
ASPIRE_MOORPARK
FDH 6
2 5/2/2025 6/1/2025 7/4/2025 7/14/2025 7/17/2025 7/24/2025
ASPIRE_MOORPARK
FDH 7
2 5/2/2025 6/1/2025 7/16/2025 7/26/2025 7/29/2025 8/5/2025
ASPIRE_MOORPARK
FDH 8
3 6/18/2025 7/18/2025 7/28/2025 8/7/2025 8/10/2025 8/17/2025
ASPIRE_MOORPARK
FDH 9
3 6/18/2025 7/18/2025 8/9/2025 8/19/2025 8/22/2025 8/29/2025
ASPIRE_MOORPARK
FDH 10
3 6/18/2025 7/18/2025 8/21/2025 8/31/2025 9/3/2025 9/10/2025
ASPIRE_MOORPARK
FDH 11
3 6/18/2025 7/18/2025 9/2/2025 9/12/2025 9/15/2025 9/22/2025
ASPIRE_MOORPARK
FDH 12
4 8/5/2025 9/4/2025 9/14/2025 9/24/2025 9/27/2025 10/4/2025
ASPIRE_MOORPARK
FDH 13
4 8/5/2025 9/4/2025 9/26/2025 10/6/2025 10/9/2025 10/16/2025
ASPIRE_MOORPARK
FDH 14
4 8/5/2025 9/4/2025 10/8/2025 10/18/2025 10/21/2025 10/28/2025
ASPIRE_MOORPARK
FDH 15
4 8/5/2025 9/4/2025 10/20/2025 10/30/2025 11/2/2025 11/9/2025
ASPIRE_MOORPARK
FDH 16
5 9/22/2025 10/22/2025 11/1/2025 11/11/2025 11/14/2025 11/21/2025
ASPIRE_MOORPARK
FDH 17
5 9/22/2025 10/22/2025 11/13/2025 11/23/2025 11/26/2025 12/3/2025
ASPIRE_MOORPARK
FDH 18
5 9/22/2025 10/22/2025 11/25/2025 12/5/2025 12/8/2025 12/15/2025
ASPIRE_MOORPARK
FDH 19
6 6/18/2025 7/18/2025 7/25/2025 7/28/2025 8/7/2025 8/10/2025
ASPIRE_MOORPARK
FDH 20
6 6/18/2025 7/18/2025 8/6/2025 8/9/2025 8/19/2025 8/22/2025
ASPIRE_MOORPARK
FDH 21
6 6/18/2025 7/18/2025 8/18/2025 8/21/2025 8/31/2025 9/3/2025
86
Cabinet
Permit
#
Permit
Submit
Permit
Received CX Start
CX
Complete Fiber Start
Fiber
Complete
ASPIRE_MOORPARK
FDH 22
7 7/24/2025 8/23/2025 8/30/2025 9/2/2025 9/12/2025 9/15/2025
ASPIRE_MOORPARK
FDH 23
7 7/24/2025 8/23/2025 9/11/2025 9/14/2025 9/24/2025 9/27/2025
ASPIRE_MOORPARK
FDH 24
7 7/24/2025 8/23/2025 9/23/2025 9/26/2025 10/6/2025 10/9/2025
ASPIRE_MOORPARK
FDH 25
8 8/29/2025 9/28/2025 10/5/2025 10/8/2025 10/18/2025 10/21/2025
ASPIRE_MOORPARK
FDH 26
8 8/29/2025 9/28/2025 10/17/2025 10/20/2025 10/30/2025 11/2/2025
ASPIRE_MOORPARK
FDH 27
8 8/29/2025 9/28/2025 10/29/2025 11/1/2025 11/11/2025 11/14/2025
ASPIRE_MOORPARK
FDH 28
9 10/4/2025 11/3/2025 11/10/2025 11/13/2025 11/23/2025 11/26/2025
ASPIRE_MOORPARK
FDH 29
9 10/4/2025 11/3/2025 11/22/2025 11/25/2025 12/5/2025 12/8/2025
ASPIRE_MOORPARK
FDH 30
9 10/4/2025 11/3/2025 12/4/2025 12/7/2025 12/17/2025 12/20/2025
ASPIRE_MOORPARK
FDH 31
10 11/9/2025 12/9/2025 12/16/2025 12/19/2025 12/29/2025 1/1/2026
ASPIRE_MOORPARK
FDH 32
10 11/9/2025 12/9/2025 12/28/2025 12/31/2025 1/10/2026 1/13/2026
ASPIRE_MOORPARK
FDH 33
10 11/9/2025 12/9/2025 1/9/2026 1/12/2026 1/22/2026 1/25/2026
87
EXHIBIT E
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Term, Licensee will maintain insurance
in conformance with the requirements set forth below. Licensee will use existing coverage to
comply with these requirements. If that existing coverage does not meet requirements set forth
here, Licensee agrees to amend, supplement or endorse the existing coverage to do so. Licensee
acknowledges that the insurance coverage and policy limits set forth in this section constitute the
minimum amount of coverage required. Any insurance proceeds available to the City in excess
of the limits and coverage required in this Agreement and which is applicable to a given loss, will
be available to the City.
Licensee shall provide the following types and amounts of insurance:
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the State of California and with an A.M. Best rating of A- or better and a minimum
financial size of VII.
Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial
General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in
addition to limits. There shall be no cross liability exclusion for claims or suits by one insured
against another. Limits are subject to review but in no event less than $1,000 000 per occurrence
for all covered losses and no less than $2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than
$2,000,000 per accident. If Licensee owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If Licensee or
Licensee’s employees will use personal autos in any way on this project, Licensee shall provide
evidence of personal auto liability for each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as required
by law with employer’s liability limits no less than $1,000,000 per accident or disease. Licensee
shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Coverage shall be
provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring
actual payment by the insured first. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to the City for
injury to employees of Licensee, subcontractors or others involved in the License Agreement. The
scope of coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than $7,000,000
aggregate.
General conditions pertaining to provision of insurance coverage by Licensee. Licensee and the
City agree to the following with respect to insurance provided by Licensee:
88
1. Licensee agrees to endorse the third party general liability coverage required herein to
include as additional insureds City, its officials, employees, and agents, using standard
ISO endorsement CG 2010 and CG 2037, or equivalent, with edition acceptable to the
City. Licensee also agrees to require all contractors, subcontractors, and any one else
involved in any way with the project contemplated by this agreement to do likewise.
2. All insurance coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against City, its elected or appointed officers, agents,
officials, employees, and volunteers or shall specifically allow Licensee or others providing
insurance evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Licensee hereby waives its own right of recovery against City and shall
require similar written express waivers and insurance clauses from each of its
subconsultants and/or subcontractors.
3. All insurance coverage maintained or procured by Licensee and available or required of
others by Licensee pursuant to this Agreement shall be endorsed to delete the subrogation
condition as to the City, or to specifically allow Licensee or others providing insurance
herein to waive subrogation prior to loss. This endorsement shall be obtained regardless
of existing policy wording that may appear to allow such waivers.
4. It is agreed by Licensee and City that insurance provided pursuant to these requirements
is not intended by any party to be limited to providing coverage for the vicarious liability of
City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant
to this or any other Agreement (express or implied) in any way relating to City is intended
to apply to the full extent of the policies involved. Nothing referred to here or contained in
any agreement involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any way.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-
called “third party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and additional
requirements by the City, as the need arises. Licensee shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)
that may affect the City’s protection without the City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Licensee’s general liability policy, shall be delivered to city at or prior to the execution
of this Agreement. In the event such proof of any insurance is not delivered as required,
or in the event such insurance is canceled or reduced at any time and no replacement
coverage is provided, the City has the right, but not the duty, to obtain any insurance it
deems necessary to protect its interests under this or any other Agreement and to pay the
premium. Any premium so paid by the City shall be charged to and promptly paid by
Licensee or deducted from sums due Licensee, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any
cancellation or reduction of coverage. Licensee agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation or reduction of coverage imposes no obligation, or that any
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party will “endeavor” (as opposed to being required) to comply with the requirements of
the certificate.
9. Coverage provided by Licensee shall be primary and non-contributory and any
insurance of self-insurance procured or maintained by the City shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own
insurance or self- insurance shall be called upon to protect it as a named insured.
10. Licensee agrees to ensure that subcontractors, and any other party involved with the
Agreement who is brought onto or involved in the Agreement by Licensee, provide the
same minimum insurance required of Licensee. Licensee agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Licensee agrees that upon
request, all agreements with subcontractors and others engaged in the Agreement will be
submitted to the City for review.
11. Licensee agrees not to self-insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer, or other entity or person in any way
involved in the performance of work contemplated by this Agreement to self-insure its
obligations to the City. If Licensee’s existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City. At that time,
the City shall review options with the Licensee, which may include reduction or elimination
of the deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Licensee thirty (30) days advance
written notice of such change. If such change results in substantial additional cost to the
Licensee, the City will negotiate additional compensation proportional to the increased
benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed
to be in furtherance of or towards performance of this Agreement.
14. Licensee acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Licensee of non-compliance with an insurance requirement in no way
imposes any additional obligations to the City nor does it waive any rights hereunder in
this or any other regard.
15. Licensee will renew the required coverage annually as long as the City, or its employees
or agents face an exposure from operations of any type pursuant to this Agreement. This
obligation applies whether or not the Agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until the City executes a written statement to
that effect.
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16. Licensee shall provide proof that policies of insurance required herein expiring during the
term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Licensee’s insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of
Licensee under this Agreement. Licensee expressly agrees not to use any statutory
immunity defenses under such laws with respect to the City, its employees, officials, and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits, or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Licensee agrees to be responsible for ensuring that no contract used by any party involved
in any way with the Agreement reserves the right to charge the City or Licensee for the
cost of additional insurance coverage required by this Agreement. Any such provisions
are to be deleted with reference to the City. It is not the intent of the City to reimburse any
third party for the cost of complying with these requirements. There shall be no recourse
against the City for payment of premiums or other amounts with respect thereto.
22. Licensee agrees to provide immediate notice to City of any claim or loss against Licensee
arising out of the work performed under this Agreement. The City assumes no obligation
or liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve the City.
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ATTACHMENT 4
SMART CITY SERVICES AGREEMENT
This SMART CITY SERVICES AGREEMENT (“Agreement”) is made this ____
day of ___________ 2025 (the “Effective Date”) by and between the City of Moorpark, a
California municipal corporation (“City”) and Aspire Broadband, LLC, a Florida limited
liability company (together with its successors and assigns, “Aspire”) (each sometimes
referred to as “Party” and collectively referred to as “Parties”).
RECITALS
WHEREAS, City, as a municipal corporation, desires to receive Services (as
defined below) provided by Aspire and resulting from Aspire’s installation of a City-wide
fiber optic cable system and associated appurtenances (“System”), which the City
anticipates will provide positive benefits to City and its residents and businesses through
the provision of data services (“Project”); and
WHEREAS, City and Aspire have entered into that certain Non-Exclusive License
Agreement (“License”), granting Licensee permission to encroach, use and occupy
portions of the public streets, rights of way, and other City-owned areas to construct and
operate the System within five (5) license areas, as more fully described in the License
and depicted in Exhibit A, attached hereto (individually and collectively, “License Area”);
and
WHEREAS, the Parties desire to enter into this Agreement to set forth terms and
conditions under which Aspire will provide data communication and related services to
City using the System, including but not limited to, providing fiber optic cable connections
to City facilities within the License Area.
NOW, THEREFORE, in consideration of the mutual obligations of the Parties, and
other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Parties covenant and agree as follows:
SECTION 1. DEFINITION OF TERMS.
Section 1.1. Recitals. The Parties acknowledge the accuracy of the foregoing
recitals, which are hereby incorporated by this reference.
Section 1.2. Terms. For the purpose of this Agreement, the following terms,
phrases, words, and abbreviations shall have the meanings ascribed to them as follows:
“Additional Services” means any service not defined or described in Exhibits B,
C, C-1, D, and D-1 to this Agreement, each of which are hereby incorporated by
this reference.
“Change” means any change to the Services or new services, any variation,
alteration, modification or enhancement, including but not limited to any increase or
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decrease in the Scope of Services or the upload/download speeds, volumes, devices,
elements, mix, technologies or vendors included in the Services as set out in Exhibits B,
C, C-1, D, and D-1 of this Agreement.
“Core” means the section of the System License Area from the interconnect point
with the backhaul circuit, to a duct or ducts at the boundary of the Drop Location at the
edge of the Right of Way.
“Commencement Date” means the date of the first Drop connection to the Initial
Demand Points.
“Demand Points” means a singular location or object within City which City has
designated to receive a Drop under this Agreement.
“Drop” means the drop duct and fiber optic cable run from Aspire’s core network
(“Core Network”) through the License Area to the Initial Demand Points.
“Drop Location” means the location of each distribution duct crossing the Right
of Way to a private right of way where the distribution duct will be capped for future use.
“Drop Location Wall” means the exterior or interior of a Drop Location at which
the fiber optic cable can be terminated.
“Future Demand Points” means a singular location or object within the License
Area designated by City to receive a Drop after completion of the Initial Demand Points.
“Initial Demand Points” means the Demand Points designated by City and
identified on Exhibit B, attached hereto.
“NTE” means Network Terminal Equipment.
“ONT” means Optical Network Terminal.
“OLT” means Optical Light Terminal.
“Pass” or “Passes” mean constructing to the curbside of a Demand Point
premise, or the engineered point at or near a Demand Point from which a Drop is to be
connected (at City’s cost).
“PSS” means Photonic Switch Service for layer 1 ONT services.
“Right of Way” means the surface of, and the space below, any existing or future
public street, road, highway, parkway, driveway, freeway, lane, path, court, sidewalk,
bridge, alley, boulevard, traffic signals, lamp post, wastewater assets including sanitary
and storm systems, public way, or other public right-of-way or easement including, public
utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses
and any temporary or permanent fixtures or improvements located thereon now or
hereafter held by, granted or dedicated to or under the jurisdiction of City in City. The
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Right of Way includes any easement now or hereafter held by City within the License
Area for the purpose of public travel, or for utility or public services dedicated for
compatible uses or such other easements or rights-of-way within the License Area.
“Related Documents” means this Agreement, the License, and any exhibits,
schedules, instruments or agreements relating thereto, as the same may be amended,
modified or supplemented in accordance with the terms thereof and hereof.
“Services” means the basic services and project services set forth in the Scope
of Services, and as may be amended from time to time as mutually agreed to in writing
by City and Aspire.
“Scope of Services” means the Services described in Exhibit B, C, C-1, D, and
D-1, attached hereto and made a part hereof, and as may be amended from time to time
as mutually agreed to in writing by City and Aspire.
“Smart City Demand Points Charge” shall mean the additional monthly charge
by Aspire for each of the Future Demand Points requested by City.
“System” means the Aspire system designed to support delivery of the Services
to the Demand Points.
SECTION 2. USE AND MAINTENANCE OF THE SERVICE
2.1 Scope of Services. The Scope of Services for Future Demand Points shall
not exceed fifty (50) Future Demand Points designated by City in Exhibit B, and the Initial
Demand Points listed in Exhibit B. Aspire’s services to the public shall include a reduced
rate schedule for low-income customers as described in Exhibit B.
2.2. Title; Use and Access to the Services. Aspire hereby grants City the
exclusive right to access and use the Services at the Initial Demand Points for all City
related communications purposes within the License Area, including, but not limited to,
voice, data and internet services. Title to the System, related equipment, and the
Services relating thereto shall not pass to City and shall remain with Aspire at all times
during the Term of this Agreement and thereafter, except as provided in the License. City
shall be responsible for one hundred percent (100%) of all fees and costs charged by
Aspire for connecting each Drop to the Future Demand Points beyond the fifty (50)
discounted Drops identified in Exhibit B. City may license the access and use of the
Services with the prior written consent of Aspire, which may not be unreasonably
withheld, delayed, or conditioned, and so long as it does not alter any of the obligations
of City herein. Subject to the foregoing, City is not permitted to use the Services, directly
or indirectly, for any commercial enterprise or retail purpose that constitutes the same or
similar Services offered by Aspire within the License Area.
2.3. Utility Services. In the event electrical service or other utilities are required
to connect the NTE to City’s facilities or property, City shall be directly responsible, at its
sole cost and expense, for obtaining such utility service, including any easement or other
interest required by the utility provider.
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Subject to the foregoing, Aspire will be responsible for providing to City, at City’s
cost, NTEs only at the Future or Initial Demand Points that are compatible with the
System.
2.4. Initial Demand Points
2.4.1. Aspire will terminate the NTE/fiber patch panel from the Core up to
the Drop Location Wall. This shall be the full extent of Aspire’s obligation to terminate the
Drop at the Initial Demand Points Location Wall. For locations with no physical buildings
or objects to drop the service to a wall, Aspire shall bring fiber into the property and place
a duct on the property for future connection.
2.4.2 Future Demand Points. When connections are required to be made
at any Future Demand Points, Aspire will undertake the construction to connect each
Future Demand Points to the distribution point and shall invoice City for all such
connections. Aspire shall provide an estimate of the cost of connecting the Services to
any Future Demand Points that are requested by City, prior to commencing the
connection work to that Future Demand Point. City shall receive a twenty-five percent
(25%) discount from the quoted price. For each new connection to a Future Demand
Point, City must pay to Aspire a Smart City Demand Points Charge of Twenty and 00/100
Dollars ($20.00) per month, per location, through June 30, 2026. Every July 1 thereafter
(each an “Adjustment Date”), the monthly Smart City Demand Points Charge shall
increase by an amount equal to three (3%) of the monthly Smart City Demand Points
Charge in effect for the month immediately preceding the Adjustment Date.
2.5. Term. The initial term of this Agreement (“Initial Term”) shall be for a period of
ten (10) years, commencing on the Effective Date. This Agreement may be automatically
renewed for eight (8) additional terms (each a “Renewal Term”, collectively with the Initial
Term, the “Term”) of five (5) years each, unless Aspire provides City with written notice
of non-renewal not less than ninety (90) days prior to the expiration of the Initial Term or
any then-current Renewal Term, and so long as Aspire is in full compliance with this
Agreement and such other applicable, lawfully adopted ordinances of City, and State and
federal laws, statutes, regulations, and orders. City may terminate this Agreement for
any reason by providing not less than ninety (90) days’ prior, written notice. City may
terminate this Agreement during any City-fiscal year in which fees otherwise due and
owing Aspire for the following fiscal year are not appropriated. Provided Aspire is not
then in default, City will pay any and all amounts then due and owing to Aspire for services
provided up to the date of termination. Any termination of this Agreement by City shall
not affect Aspire’s rights under the License. This Agreement shall be binding upon all
heirs, assigns, or successors in interest to this Agreement.
2.6. Fees and Expenses. Except as expressly set forth herein, each Party shall
bear and be responsible for all of its own costs, fees and expenses incurred in executing
and performing this Agreement and the other Related Documents.
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2.7. Maintenance of City Property and Demand Points.
2.7.1. Maintenance, repair and operation of the Drop shall be performed by
Aspire and/or contractors approved by Aspire.
2.7.2 Aspire does not have any duty or obligation to upgrade or improve the
System or Services or any of its component parts; however, in the event of equipment
failure covered by guarantee or warranty, Aspire will use commercially reasonable efforts
to negotiate such guarantees or warranties. City, at its sole cost, may make upgrades
and improvements to any of its component parts on the Core side of a Drop, only with the
prior written consent of Aspire. Prior to seeking Aspire’s consent, City shall provide Aspire
with details of any upgrade including, without limitation, the identity and specifications for
all parts.
2.8. Key Performance Indicators and Service Level Agreements.
2.8.1. Performance of the Services for Initial Demand Points or Demand
Points shall be measured by Key Performance Indicators (“KPIs”), which may include
agreed upon Service Level Agreements (“SLAs”), as more fully described in Exhibits C
and D, attached hereto and made a part hereof. Aspire shall issue initial KPIs (“Initial
KPIs”) for a period of nine (9) months, measuring Aspire’s compliance from the date the
Services have been substantially completed; provided, however, during such nine (9)
month period, Aspire shall not be in breach of this Agreement for any failure to comply
with the service levels set forth in Initial KPIs. KPIs may be adjusted by written agreement
of the Parties during such nine (9) month period if any KPIs are determined to be not
achievable; however, until such adjustment and finalization of the KPIs have been agreed
between the Parties, Aspire shall not be in breach of this Agreement for failure to comply
with any applicable KPIs.
2.8.2. In addition to Initial KPIs and related SLAs, the Parties may agree
upon new KPIs at any time during the Term, including, but not limited to, any Change or
introduction of Additional Services.
2.8.3. For new KPIs or for any modification of a KPI after the adjustment
and finalization of the KPIs (as described in Section 2.8.1) Section 2.8.4 of this Agreement
shall apply.
2.8.4. For each new KPI, a grace period of twelve (12) months or any other
period as agreed between the Parties and set out in Exhibits C and D — KPIs, SLAs shall
apply during which such new KPIs shall be measured and Aspire shall not be in a breach
of this Agreement if not achieving these respective new KPIs. After the grace period, the
Parties shall mutually agree upon the final definition of the new KPIs in writing as an
addendum to this Agreement. The Parties may agree in writing to additional KPIs and
related SLAs for any Change or additional services in accordance with this Agreement.
2.8.5. Aspire shall provide City with a monthly report regarding performance
of the Services set forth in Exhibit C and made a part hereof. The Parties may agree in
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writing on other reporting intervals for KPIs not being measured on a monthly basis, but
in no event shall the reporting interval be shorter than monthly intervals.
2.8.6. Any exclusions and/or exceptions affecting KPI results as defined in
Exhibit C for KPIs and SLAs shall be excluded from these KPI results. Upon request,
Aspire shall provide a written report to City referring to the applied exclusions and/or
exceptions as defined in Exhibit C in order to enable City’s verification of the applied
exclusions and/or exceptions by City.
2.9. Quality of Services.
2.9.1. Aspire shall perform the Services at all times exercising that degree
of skill, diligence, prudence and foresight which could reasonably be expected from a
skilled, reasonable and experienced provider of such Services under similar or same
circumstances.
2.9.2. Aspire shall support the further development of the quality of the
System as agreed in writing between the Parties from time to time.
2.9.3. Notwithstanding Aspire’s obligations as set out in Section 2.9.1, City
shall perform its obligations under this Agreement exercising that degree of skill,
diligence, prudence and foresight reasonably necessary for it to meet all of its obligations
under this Agreement, as well as not to adversely impact the performance of the Services
to be rendered by Aspire and to ensure Aspire may perform its Service as agreed in this
Agreement.
SECTION 3. INDEMNIFICATION AND INSURANCE.
3.1. Except to the extent arising out of the City’s negligence or willful misconduct,
and to the fullest extent permitted by law, Aspire shall indemnify, defend, and hold
harmless City, its officers, officials, employees, agents, and other representatives from
and against any and all claims, damages, liabilities, costs and expenses, including
attorney fees, incurred in any action or proceeding arising from or in connection with
(a) the breach or alleged breach by Aspire of any of its representations or warranties or
any material provisions of this Agreement; (b) the violation or alleged violation by Aspire
of any applicable federal, state or local laws, ordinances, rules or regulations; provided,
however, that City shall, by appropriate written notice to Aspire, advise Aspire as soon as
practicable regarding any potential of such claim or litigation; or (c) any action or inaction
taken by Aspire in the performance of this Agreement. Such indemnification shall include
indemnification for alleged intellectual property infringement by Aspire relating to this
Agreement.
3.2. Except to the extent arising out of Aspire’s negligence or willful misconduct,
and to the fullest extent permitted by law, City shall indemnify, defend, and hold harmless
Aspire and its officers, directors, equity owners, employees and other representatives
from and against any and all claims, damages, liabilities, costs and expenses, including
attorney fees, incurred in any action or proceeding arising from or in connection with
(a) the breach or alleged breach by City of any of its representations or warranties or any
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material provisions of this Agreement; or (b) the violation or alleged violation by City of
any applicable federal, state or local laws, ordinances, rules or regulations; provided,
however, that Aspire shall promptly notify City of any such claim or litigation.
Notwithstanding the foregoing, the failure to provide such prompt notice shall diminish
City’s indemnification obligations only to the extent City is actually prejudiced by such
failure.
3.3 Aspire shall be responsible to repair damage to, and/or replace any and all
City and/or third party-owned property or facilities destroyed by the acts, omissions or
willful misconduct of Aspire, or its employees, contractors, and/or agents in connection
with this Agreement.
3.4 At all times during the term of this Agreement, Aspire shall maintain all
policies of insurance required by the License, including all limits, terms and conditions,
for the benefit of Aspire and the City.
SECTION 4. CONFIDENTIALITY AND ASSIGNMENT.
4.1. Proprietary Information and Assignment.
4.1.1. Treatment of Confidential and Proprietary Information. Subject
to local, state and federal law, City agrees that, without the prior written consent of Aspire,
the technical specifications, system design, pricing, as-builts, project schedules and
project reports (“Aspire’s Confidential Information”), shall be kept confidential by City and
shall not be disclosed to any individuals or entities other than City’s authorized
representatives, staff, and consultants, in each case who have agreed to abide by the
terms of this Section 4.1.1.
In the event City is required by applicable law to disclose any of Aspire’s
Confidential Information, City agrees to provide Aspire with prompt notice of such
requirement and the opportunity to challenge the requirement to disclose Aspire’s
Confidential Information at Aspire’s sole expense and, in the event such challenge is
unsuccessful or does not occur within the limited timeframes provided by law, City shall
furnish only that portion of Aspire’s Confidential Information which it is advised by opinion
of legal counsel that is legally required.
Aspire will minimize any of Aspire’s Confidential Information provided to
City. All Aspire’s Confidential Information provided to City will be explicitly labeled as
such in writing. Whenever possible, Aspire will retain and not leave with City Aspire’s
Confidential Information where it is not absolutely necessary to do so in order to carry out
the terms of this Agreement. City will not be liable to Aspire for any release of Aspire’s
Confidential Information that City is required to make, under the sole opinion of City’s
legal counsel, pursuant to the Ralph M. Brown Act (Gov’t Code 54950, et seq.), the
California Public Records Act (Cal. Gov’t Code 7920.000, et seq.) or other California or
federal law, or pursuant to a valid subpoena, court order, or other legal process.
4.2. Assignment of Agreement. Aspire shall have the right to assign, novate, sell,
encumber, or transfer this Agreement, or any part thereof, subject to prior, written
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approval by City. Such approval by City shall not be unreasonably withheld, conditioned
or delayed, and in any event shall be granted or denied in writing within thirty (30) calendar
days after written request therefor, or if City fails to respond within thirty (30) calendar
days after request, shall be deemed to be approved by City. Upon any such assignment
or novation, Aspire shall be released from all obligations and liabilities under this
Agreement from and after the date of such assignment but not until City is in receipt of a
fully executed copy of the instrument document evidencing such assignment, sale or
transfer and indicating the assignee’s/purchaser’s/transferee’s assumption of Aspire’s
performance duties, liabilities, and obligations under this Agreement. To illustrate the
foregoing assignment provision, in order to finance construction, installation, operations
and other related matters, Aspire and/or its project partners reserve the right to grant
security interests in the System to one or more third parties. Notwithstanding anything to
the contrary in this Agreement, Aspire, and/or its project partners, may assign, mortgage,
pledge, hypothecate, or otherwise transfer without consent of any kind its interest in this
Agreement to any financing entity, or agent on behalf of any financing entity to whom
Aspire and/or its project partners (1) has obligations for borrowed money or in respect of
guarantees thereof, (2) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (3) has obligations under or with respect to letters of credit, bankers’
acceptances or similar facilities or in respect of guarantees thereof. Except as provided
herein, there shall be no restrictions on the ability of Aspire and/or its project partners to
assign this Agreement or any other Related Documents freely without the consent of any
party. City, at the request of Aspire, shall execute such further instruments,
acknowledgments, subordinations and estoppel agreements as may be required in
connection with Aspire’s financings or that of its project partners and in any event granted
within fourteen (14) calendar days after request therefor.
4.3. Assignment by City. City shall not have the right to assign, transfer, pledge
or delegate its interest in this Agreement without Aspire’s express prior written consent
which shall not be unreasonably withheld, conditioned, or delayed and in any event shall
be granted or denied in writing within thirty (30) calendar days after request therefor, or if
the Aspire fails to respond within thirty (30) calendar days after request, shall be deemed
to be approved by Aspire. In the event Aspire provides written consent to an assignment
or transfer by City, such assignment shall expressly require that any assignee or
transferee hereunder: (1) assumes all of City’s obligations under this Agreement; and
(2) in the reasonable judgment of Aspire possesses sufficient financial, managerial and
technical capacity to perform under the terms and conditions of this Agreement and the
other Related Documents. An assignment, transfer, pledge or delegation of City’s interest
in this Agreement in violation of this Section 4.3, at Aspire’s option, shall be void, or, give
Aspire, in its sole discretion, the right to terminate this Agreement.
SECTION 5. PAYMENTS.
5.1. Following the expiration or earlier termination of this Agreement, including
pursuant to Section 7, City shall pay for any continued usage on a month-to-month basis
at the prices detailed in Section 5.2 for each month or part thereof that City continues to
use the Services following such a non-appropriation or termination of the Agreement.
Such month-to-month service shall not exceed six (6) months. After such six (6) month
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period, Aspire can elect to discontinue City’s usage. This provision shall survive
termination of this Agreement.
5.2. Upon Commencement Date and for Remainder of the Term. Commencing
on the date that Services are fully functional, City shall pay Aspire based on the fee
structure for Internet service at each listed City facility and for each listed interconnection
between city facilities as described in Exhibits B and C.
SECTION 6. CITY’S OBLIGATIONS.
6.1. Obligations of City. In addition to all other duties and obligations contained
elsewhere in this Agreement, City has the following duties and obligations:
(a) Provide a single point of contact (“SPOC”) for Aspire, which SPOC
will be responsible to address all issues related to this Agreement, providing
coordination across, and liaison with, City departments, and serving as a
communication and troubleshooting resource for Aspire.
(b) Offer the full cooperation of all City departments with respect to
relevant issues with respect to this Agreement. Such cooperation will be
supervised by the SPOC.
(c) Participate in regular status meetings for the coordination of all
matters related to this Agreement and the other Related Documents.
(d) From time to time hereafter, City will execute and deliver such
additional instruments, certificates or documents, and will take all such actions as
Aspire may reasonably request for the purposes of implementing or effectuating
the provisions of the Related Documents to which City is a party or for the purpose
of more fully perfecting or renewing the rights of Aspire with respect to the rights,
properties or assets subject to such documents (or with respect to any additions
thereto or replacements or proceeds thereof or with respect to any other property
or assets hereafter acquired by City which may be deemed to be a part thereof).
Upon the exercise by Aspire of any power, right, privilege or remedy pursuant to
the Related Documents to which City is a party which requires any consent,
approval, registration, qualification or authorization of any governmental authority
or instrumentality, City will, to the fullest extent permitted by law, execute and
deliver all necessary applications, certifications, instruments and other documents
and papers that Aspire may be required to obtain for such governmental consent,
approval, registration, qualification or authorization, at Aspire’s sole expense.
SECTION 7. EVENT OF DEFAULT/TERMINATION.
7.1. Event of Default. If either party is in default under this Agreement following
receipt of notice from the non-defaulting party with respect to (a) a monetary default that
is not cured within ten (10) days of receipt of the notice of default, or (b) a nonmonetary
default that not cured within thirty (30) days of receipt of the notice of default, then the
non-defaulting party may terminate this Agreement, and may pursue any remedies
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available to it against the defaulting party under applicable law. In the event that such
non-monetary default or noncompliance cannot be cured within the thirty (30) day period,
the defaulting party will not be deemed in default so long as such party initiates
reasonable steps to remedy such default and notify the non-defaulting party of the steps
being taken and the projected date they will be completed. In no event shall the time
exceed sixty (60) days unless the Parties otherwise agree in writing.
7.3. Limitation of Liability. Except for a breach of confidentiality obligations, in
no event will either Party be liable to the other party for any indirect, consequential,
special, incidental, reliance, or punitive damages of any kind or nature whatsoever. Each
Party hereby releases the other party, its subsidiaries and affiliates, and their respective
trustees, officers, directors, managers, employees, and agents, from any such claims.
SECTION 8. DISPUTE RESOLUTION.
Any dispute or claim arising out of or in connection with the performance of this
Agreement and the terms and conditions relating thereto will be first submitted to non-
binding arbitration in the County of Ventura, State of California, in accordance with the
rules of the American Arbitration Association by one arbitrator appointed in accordance
with said rules. The Parties shall bear the costs of arbitration equally. The arbitrator shall
apply California law, without reference to rules of conflicts of law or rules of statutory
arbitration, to the resolution of any dispute. The Parties may agree to entry of judgment
on an arbitrator’s decision in any court having jurisdiction thereof. Notwithstanding the
foregoing, the Parties may pursue any and all legal and/or equitable remedies in a court
of competent jurisdiction in Ventura County, California. The prevailing Party in any
litigation decided by a court or jury, shall be entitled to recover its reasonable attorneys’
fees and experts’ costs.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1. Authority to Enter Agreement. Each Party hereby represents and warrants
to the other that (i) it has full power and authority to enter into and perform this Agreement,
(ii) it has taken all necessary action to execute, deliver and perform this Agreement and
(iii) this Agreement constitutes a valid and binding obligation of such Party, enforceable
against it in accordance with its terms, except as such enforceability may be limited by
applicable bankruptcy, insolvency, fraudulent transfer, moratorium, reorganization or
similar laws of general applicability relating to or affecting the rights of creditors and to the
availability of equitable remedies, regardless of whether such enforceability is considered
in a proceeding in equity or at law.
9.2. Force Majeure. Aspire shall not be responsible or liable for any failure or
delay in the performance of its obligations under this Agreement arising out of or caused,
directly or indirectly, by circumstances beyond its reasonable control, including without
limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances;
sabotage; epidemics; riots; interruptions; major and extended loss or malfunctions of
utilities; computers (hardware or software) or communications service; strikes or labor
disputes; or acts of military authority. If either Party shall be unable to carry out the whole
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or any part of its obligations under this Agreement by reason by a force majeure event,
then the performance of the obligations under this Agreement of such party as they are
affected by such cause shall be excused for a reasonable time during which such
condition exists. Lack of funding not caused by a force majeure event described above,
shall not itself be a force majeure.
9.3. Notice. All notices shall be in writing and shall be served upon the other Party
by hand delivery, overnight mail, or by electronic mail or facsimile with confirmed receipt,
and addressed as follows:
City: City of Moorpark
Attn: City Manager
323 Science Drive
Moorpark, CA 93021
Aspire: Aspire Broadband, LLC
41 Skyline Drive, Suite 1001
Lake Mary, FL 32746
Notices shall be deemed received the same day with delivery upon hand delivery,
and the next business day with delivery upon overnight mail, or when receipt is confirmed
if by electronic mail or facsimile.
9.4. Entire Agreement. This Agreement, including all exhibits, embodies the
entire understanding and agreement of City and Aspire with respect to the subject matter
hereof. The provisions of this document shall govern over any inconsistent or conflicting
provisions in any exhibit or attachment hereto.
9.5. Severability. If any section, subsection, sentence, clause, phrase, or other
portion of this Agreement is, for any reason, declared invalid, in whole or in part, by any
court, agency, commission, legislative body, or other authority of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent portion. Such
declaration shall not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
9.6. Modification. No provision of this Agreement shall be amended or otherwise
modified, in whole or in part, except by an instrument, in writing, duly executed by City
and Aspire, which amendment shall be authorized on behalf of City through the adoption
of an appropriate resolution or order by City, if required by applicable law.
9.7. No Third-Party Beneficiaries. Nothing in this Agreement or in any prior
agreement is or was intended to confer third-party beneficiary status on any person or
entity not a party to this Agreement including a member of the public.
9.8. No Waiver of Rights. Nothing in this Agreement shall be construed as a
waiver of any rights, substantive or procedural, that Aspire or City may have under federal
or state law unless such waiver is expressly stated herein.
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9.9. No Rights to the Drop. Except as provided in the License, City expressly
agrees that it does not and shall not claim at any time any interest or estate of any kind
or extent whatsoever in the System and related equipment by virtue of the relationship
and rights created by this Agreement.
9.10. No Joint Venture, Partnership or Alter Ego, Independent Contractor.
Nothing contained in this Agreement, any document executed in connection herewith or
any other Related Documents or other instrument with any other party shall be construed
as making the parties hereto joint partners, joint ventures or alter egos of each other or
any other entity. Aspire shall at all times remain an independent contractor. Neither Party
shall control or direct the day-to-day affairs of the other Party, or their mode or method of
performing their respective obligations hereunder. Neither Party in any manner shall act
or indicate to any third party that it is the agent of the other Party.
9.11. Headings. The headings and captions of this Agreement are solely for the
convenience of the Parties and shall not be deemed to modify or vary any of the
substantive terms thereof.
9.12. Counterparts. This Agreement may be executed in one or more counterpart
copies, all of which counterparts when executed and delivered, each of which shall be an
original, and shall have the same force and effect as if all Parties had executed a single
copy of this Agreement. Any signature page of this Agreement may be detached from
any counterpart and reattached to any other counterpart hereof. The facsimile or email
transmission of any signed facsimile or email transmission hereof shall be the same as
delivery of an original.
9.13. No Waiver. Failure by either Party to assert or declare any one breach or
failure to perform shall not be construed as a waiver of any other or subsequent breach
or failure to perform.
9.14. Electronic Signatures. Each Party agrees that the electronic signatures of
the Parties included in this Agreement are intended to authenticate this writing and to
have the same force and effect as manual signatures. As used herein, “electronic
signature” means any electronic sound, symbol, or process attached to or logically
associated with this Agreement and executed and adopted by a Party with the intent to
sign such Agreement, including facsimile or email electronic signatures.
[Signature Page Follows]
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IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and
conditions of this Agreement, the duly authorized representatives of the Parties have
executed this Agreement as of the dates below.
CITY:
CITY OF MOORPARK,
a California municipal corporation
By:
Name: _____________________
Title:
Date:
ASPIRE:
ASPIRE BROADBAND, LLC,
a Florida limited liability company
By:
Name: _____________________
Title:
Date:
ATTEST:
Ky Spangler, City Clerk
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Exhibit A
License Area
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Exhibit B
Initial and Future Demand Points and Low-Income Discount
1. INTERNET SERVICE: CITY FACILITIES. As part of Services, Aspire shall provide
Internet service to City facilities as listed below.
Facility
Speed
(Symmetrical)
--
IP
Assignment
Base Monthly
Cost*
(thru 6/30/2026)
Deadline to Initiate
Service**
Arroyo Vista Recreation Center
4550 Tierra Rejada Road
10Gb
--
Static IP
$285.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 5
City Hall
323 Science Drive
10Gb
--
Static IP
/27 block
$260.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 14
Moorpark Police Services
Center
610 Spring Road
10Gb
--
Static IP
/27 block
$260.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 14
Moorpark Public Services
Facility
624 Fitch Avenue
10Gb
--
Static IP
$191.67
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 14
Ruben Castro Human Services
Center
612 Spring Road
10Gb
--
Static IP
$210.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 14
Moorpark City Library
83 High Street
10Gb
--
Static IP
$230.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 16
Moorpark Civic Center
799 Moorpark Avenue
10Gb
--
Static IP
$230.00
Within 12 months of
issuance of Encroachment
Permit for Cabinet #FDH 16
* Base monthly costs shall increase annually as described in Section 7.
** Failure to meet service deadlines is further described in Section 3.
The City shall be responsible for providing all necessary terminals, patch panels, and cabinets
required for Aspire (Licensee) to land fiber and install ONTs at designated service and demand
points. Aspire shall provide the installation, termination, connectors to patch panels, certification
testing, and circuit labeling at all termination points. Additionally, Aspire shall assign static IP
addresses to each Internet-connected site, with at least a /27 block of static IP addresses
provided for designated data center locations. Additionally, the City must provide termination
point details at the time of permit issuance to ensure that all agreed-upon credits remain valid.
Any delays in providing this information may impact service delivery timelines.
2. CITY FACILITY INTERCONNECTIONS. As part of Services, Aspire shall provide dark
fiber interconnections to City facilities as described in Exhibit C.
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3. TIMING OF INTERNET SERVICE AND CITY FACILITY INTERCONNECTIONS. Aspire
and the City acknowledge and agree that City facilities will not be connected until Aspire’s
network deployment reaches the necessary City facilities. If Aspire fails to meet a deadline
identified in this Exhibit B or Exhibit C, then Aspire shall reimburse the City monthly for the
Monthly Cost identified for the facility or connection for which the deadline is missed. In such
instances, City shall invoice Aspire for any reimbursements due, and Aspire shall remit payment
within forty-five (45) days. The reimbursement shall not be required for the Moorpark City
Library if the City has not completed construction of the new Moorpark City Library (83 High
Street).
4. INTERNET SERVICE: INITIAL DEMAND POINTS. As part of Services, Aspire shall
provide the City with fiberoptic service at 47 initial demand points, at no cost to the City. This
list may be amended in writing my mutual written agreement by Aspire and City.
Traffic Signals: The precise location of the fiber optic service drop will be determined by mutual
acceptance of Aspire and the City at the time an Encroachment Permit is issued for the
identified cabinet.
1. Tierra Rejada Road/Moorpark High School (Cabinet #FDH 5)
2. Tierra Rejada Road/Mountain Trail Street (Cabinet #FDH 5)
3. Tierra Rejada Road/Mountain Meadow Drive (Cabinet #FDH 5)
4. Tierra Rejada Road/Walnut Creek Road (Cabinet #FDH 6)
5. Tierra Rejada Road/Countrywood Drive (Cabinet #FDH 8)
6. Tierra Rejada Road/Peach Hill Road (Cabinet #FDH 9)
7. Tierra Rejada Road/Spring Road (Cabinet #FDH 12)
8. Spring Road/Peach Hill Road (Cabinet #FDH 13)
9. Spring Road/Second Street/Flinn Avenue (Cabinet #FDH 14)
10. Spring Road/High Street/Princeton Avenue (Cabinet #FDH 16)
11. Spring Road/Charles Street (Cabinet #FDH 16)
12. Elk Run Loop/Ridgecrest Drive (Cabinet #FDH 21)*
13. Spring Road/Elk Run Loop (Cabinet #FDH 22)*
14. Spring Road/Ridgecrest Drive (Cabinet #FDH 22)*
15. Campus Park Drive/Collins Drive (Cabinet #FDH 23)
16. Campus Park Drive/Delfen Street (Cabinet #FDH 23)
17. Princeton Avenue/Condor Drive (Cabinet #FDH 26)
18. Collins Drive/University Drive (Cabinet #FDH 27)
19. Tierra Rejada Road/Miller Parkway/Moorpark Road (Cabinet #FDH 30)
20. Miller Parkway/Peach Hill Road (Cabinet #FDH 30)**
21. Miller Parkway/Patriot Drive (Cabinet #FDH 30)**
* These three locations are only required if Aspire deploys its network to the Moorpark
Highlands community.
** These two locations are only required if Aspire deploys its network to the Serenata
neighborhood.
Parks: The precise location of the fiber optic service drop will be determined by mutual
acceptance of Aspire and the City at the time an Encroachment Permit is issued for the
identified cabinet.
22. Country Trail Park, 11701½ Mountain Trail Street (Cabinet #FDH 1)
23. Tierra Rejada Park – East Parking Lot, 11900 Mountain Trail Street (Cabinet #FDH 1)
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24. Tierra Rejada Park – West Parking Lot, 11900 Mountain Trail Street (Cabinet #FDH 1)
25. Mountain Meadows Park, 4350 Mountain Meadow Drive (Cabinet #FDH 9)
26. Veterans Memorial Park, southeast corner of Spring Road/Flinn Avenue (Cabinet
#FDH 14)
27. Walnut Acres Park, 161 Second Street (Cabinet #FDH 15)
28. Magnolia Park, 296 Charles Street (Cabinet #FDH 16)
29. Peach Hill Park, 13200 Peach Hill Road (Cabinet #FDH 17)
30. Poindexter Park – Pavilion Area, 500 Poindexter Avenue (Cabinet #FDH 17)
31. Poindexter Park – Skate Park, 500 Poindexter Avenue: Light standard on east side of
skate park containing existing security camera (Cabinet #FDH 17)
32. Villa Campesina Park, 4704 Leta Yancy Road (Cabinet #FDH 18)
33. Glenwood Park, 11800 Harvester Street (Cabinet #FDH 19)
34. Mammoth Highlands Park, 7000 Elk Run Loop (Cabinet #FDH 21)*
35. College View Park, 15400 Campus Park Drive (Cabinet #FDH 23)
36. Campus Park, 6400 Harvard Street (Cabinet #FDH 26)
37. Virginia Colony Park, 14507 Condor Drive (Cabinet #FDH 26)
38. Campus Canyon Park, 6970 Campus Canyon Drive (Cabinet #FDH 28)
39. Miller Park, 4530 Miller Parkway (Cabinet #FDH 30)**
* This location is only required if Aspire deploys its network to the Moorpark Highlands
community.
** This location is only required if Aspire deploys its network to the Serenata
community.
Other Locations: The precise location of the fiberoptic service drop will be determined by
mutual acceptance of Aspire and the City at the time an Encroachment Permit is issued for the
identified cabinet.
40. Western Terminus of Shadyridge Road (Cabinet #FDH 4)
41. High Street Arts Center, 45 E. High Street (Cabinet #FDH 16)
42. Moorpark Metrolink Station, 300 E. High Street: Planter on southeast corner of North
Parking Lot (Cabinet #FDH 16)
43. Intersection of Poindexter Avenue/Gabbert Road (Cabinet #FDH 17)
44. Intersection of Tierra Rejada Road/Courtney Lane (Cabinet #FDH 19)
45. Intersection of Campus Park Drive/Beragan Street, southeast corner (Cabinet #FDH 23)
46. Intersection of Princeton Avenue/Campus Park Drive (Cabinet #FDH 26)
47. Miller Parkway @ Serenata Trailhead, east side of Miller Parkway, north of Stagecoach
Trail (Cabinet #FDH 30)*
* This location is only required if Aspire deploys its network to the Serenata
community.
5. INTERNET SERVICE: FUTURE CITY-OWNED TRAFFIC SIGNALS IN NEW
DEVELOPMENTS. It is anticipated that some future developments will warrant new traffic
signals to be operated by the City. If Aspire is constructing its fiber optic network through a
signalized intersection associated with a new development, Aspire shall provide fiber optic
service to the City at that intersection at no cost to the City.
6. INTERNET SERVICE: FUTURE DEMAND POINTS. The City may request that Aspire
provide the City with fiber optic service at up to fifty (50) additional demand points beyond those
listed above at a discounted price. In such instances, Aspire shall offer a 25% discount for
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connection/construction costs to the City to provide the requested service. The City shall pay
$20 per month to Aspire for said service through June 30, 2026. This monthly rate shall
increase annually as described in Section 7. Beyond the fifty (50) discounted future demand
points, City may request additional demand points, but Aspire is not obligated to provide a
discount.
Examples of Future Demand Points include, but are not limited to:
• Traffic Signal, Tierra Rejada Road/Sunset Valley Road
• Monte Vista Nature Park, 4201 Spring Road
• Arroyo Vista Community Park, Lot D
7. ANNUAL PRICE INCREASES. The base monthly costs described in Section 1 (Internet
Service: City Facilities) and Section 6 (Internet Service: Future Demand Points) shall be in effect
through June 30, 2026. Thereafter, on July 1 of every year, all monthly costs/reimbursements
shall increase by three percent (3%). Aspire shall invoice the City on a monthly basis for this
Internet Service, and the City shall remit payment within forty-five (45) days, unless otherwise
agreed to in writing by the City and Aspire.
8. INTERNET SERVICE STANDARDS. Aspire shall provide above Internet Service
consistent with Exhibit D and Exhibit D-1.
9. INTERNET SERVICE CANCELLATION PROTECTION. The City acknowledges Aspire’s
infrastructure investment required to provide Internet Service to City Facilities. In the event that
the City elects to cancel any or all of the above paid Internet Services described in Section 1
(Internet Service: City Facilities) while continuing to utilize Aspire’s dark fiber interconnections
between City facilities prior to June 30, 2046, the monthly cost of that Internet Service shall be
added to the City’s cost for the dark fiber interconnections between City facilities.
10. LOW-INCOME DISCOUNT. Aspire shall offer all customers a $30 per month discount
off of any service tier to low-income households. For the purpose of this section, a low-income
household shall be any household that can demonstrate participation in any of the following
programs:
a. Supplemental Nutrition Assistance Program (SNAP)
b. Medicaid
c. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
d. Supplemental Security Income (SSI)
e. Federal Public Housing Assistance Program
f. Veterans Pension and Survivors Benefit
g. Free and Reduced Lunch Program or School Breakfast Program
h. Receipt of a Federal Pell Grant in the current award year
i. Lifeline Benefit Program
If an otherwise qualifying low-income household is already receiving a separate promotional
discount or a discount for being located along a private street negotiated by the street’s owner
(e.g., a homeowners association), then the low-income discount shall be reduced by the
separate discount amount. For example, if the household is already receiving a $10 monthly
discount negotiated by its homeowners association, then the low-income discount required by
this section shall be reduced from $30 per month to $20 per month.
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Exhibit C
Dark Fiber Supplement & SLA
1. SCOPE.
This Exhibit C applies to Dark Fiber (as defined below) licensed to City under an
order form that specifies Dark Fiber. This Exhibit C shall not apply to other products,
including Ethernet, wavelength, Internet, or colocation.
2. ADDITIONAL TERMS.
The following additional terms and conditions shall apply to the provision of
licensed Dark Fiber.
“Cable” means fiber optic cable with fiber optic filaments contained in any suitable
jacketing or sheath that is already in place, or is yet to be installed, and to which Aspire
has or will have access by ownership, lease, right to use, or otherwise.
“Dark Fibers” means one (1) or more specified strands of dedicated optical fiber
within a Cable without optronics or electricity, subject to the terms of the Agreement.
“Product” means the Dark Fibers that are licensed to City under an order form.
“Location” is an address wherein Aspire will hand off Dark Fibers to City.
“Product Credit” means a credit that City may be eligible to receive pursuant to
Section 7 below.
“Product Outage” means a loss of continuity or other material degradation of the
Dark Fibers such that City is unable to utilize the Dark Fibers for transmission of optical
signals.
“Route” means the geographic path along which the Cable and Fibers are located.
“Route Segment” means a portion of the Route between any two (2) Locations.
3. SPECIFICATIONS. The specifications applicable to the Dark Fibers are set forth in
the attached Exhibit C-1, incorporated herein by reference.
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4. CITY FACILITY INTERCONNECTIONS
4.1. Locations of City Facilities. Aspire shall provide dark fiber connections
between identified City facilities as listed below:
Connection Point
1 Connection Point 2 Connection
Type
Base Monthly
Cost
(thru
6/30/2026)
Deadline to Initiate
Service
City Hall
(323 Science Drive)
Moorpark Police
Services Center
(610 Spring Road)
6 Strands of
Dark Fiber $175.00
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
City Hall
(323 Science Drive)
Moorpark Civic
Center
(799 Moorpark
Avenue)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
City Hall
(323 Science Drive)
Arroyo Vista
Recreation Center
(4550 Tierra Rejada
Road)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
City Hall
(323 Science Drive)
Moorpark Public
Services Facility
(627 Fitch Avenue)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
City Hall
(323 Science Drive)
Ruben Castro
Human Services
Center
(612 Spring Road)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
Moorpark Police
Services Center
(610 Spring Road)
Moorpark Civic
Center
(799 Moorpark
Avenue)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
Moorpark Police
Services Center
(610 Spring Road)
Moorpark Public
Services Facility
(627 Fitch Avenue)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
Moorpark Police
Services Center
(610 Spring Road)
Ruben Castro
Human Services
Center
(612 Spring Road)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet FDH 14
Moorpark Police
Services Center
(610 Spring Road)
Arroyo Vista
Recreation Center
(4550 Tierra Rejada
Road)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 14
Moorpark Police
Services Center
(610 Spring Road)
Moorpark City
Library
(83 High Street)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 16
City Hall
(323 Science Drive)
Moorpark City
Library
(83 High Street)
4 Strands of
Dark Fiber $135.61
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 16
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Moorpark City
Library
(83 High Street)
Moorpark Civic
Center
(799 Moorpark
Avenue)
4 Strands of
Dark Fiber $135.57
Within 12 months of
issuance of
Encroachment Permit
for Cabinet #FDH 16
Total Monthly Cost $1,666.67
4.2 Annual Price Increases. The City’s monthly costs for services listed in
Section 4.1 are effective through June 30, 2026. Thereafter, on July 1 of every year, all
monthly costs/reimbursements due to the City shall increase by three percent (3%).
Aspire shall invoice the City on a monthly basis for Internet service, and City shall remit
payment within forty-five (45) days, unless otherwise agreed to in writing by the City and
Aspire.
4.3 Timing of City Facility Interconnections. Aspire and the City
acknowledge and agree that City facilities will not be connected until Aspire’s network
deployment reaches the necessary City facilities. If Aspire fails to meet a deadline
identified in this Exhibit C or Exhibit B, then Aspire shall reimburse the City monthly for
the Monthly Cost identified for the facility or connection for which the deadline is missed.
In such instance, City shall invoice Aspire for any reimbursements due, and Aspire shall
remit payment within forty-five (45) days. For interconnections involving the Moorpark
City Library (83 High Street), the reimbursements due from Aspire shall not apply if the
City has not completed construction of the new Moorpark City Library.
4.4 Responsibilities of City. The City shall be responsible for providing all
necessary terminals, patch panels, and cabinets required for Aspire (Licensee) to land
fiber and install ONTs at designated service and demand points. Aspire shall provide the
installation, termination, connectors to patch panels, certification testing, and circuit
labeling at all termination points. Additionally, the City must provide termination point
details at the time of permit issuance to ensure that all agreed-upon credits remain valid.
Any delays in providing this information may impact service delivery timelines.
5. USE OF AND ACCESS TO DARK FIBERS; RELOCATION.
5.1 License. Subject to the terms and conditions set forth in the Agreement and
this Exhibit C, Aspire and City may from time to time execute one (1) or more order forms
pursuant to which Aspire grants to City a license to use the Dark Fibers designated on
the order form. Each order form will specify the number, identity, type, and route of the
Dark Fibers, and the permitted Locations where City may access the Dark Fibers. Aspire
may not be the owner of the Dark Fibers but may instead lease, license, or acquire a right
to use such Dark Fibers from a third party together with the right to sub-lease the Dark
Fibers to Aspire’s licensees, including City.
5.2 Limitations on Rights and Obligations. In addition to, and not in limitation
of, any limitations set forth in the Agreement, the Parties agree that:
5.2.1 Use by City. City shall have no right or interest in the Dark Fibers
other than a license to use the Dark Fibers. A license of the Dark Fibers does not convey
any ownership interest in the Dark Fibers or the Cable. City is solely responsible for all
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optical and other equipment required to enable City to utilize the Dark Fibers for optical
communications.
5.2.2 Use by Aspire. Nothing herein shall be construed as limiting or
restricting Aspire or its affiliates in any manner from using its or their own cables, fibers,
or any other facilities, easements and/or rights of way for the installation of additional fiber
optic cables, for use as telecommunications facilities, or for any other purpose.
5.2.3 Subordination. City understands and agrees that Aspire’s ability to
grant City the license to use the Dark Fibers pursuant to this Exhibit C, and to attach,
install, construct, operate, and maintain the Network (as defined in the Agreement) and
the Dark Fibers, is at all times subject and subordinate to, and limited by, the underlying
rights, applicable laws, rules, ordinances, codes, and regulations. By virtue of the
Agreement, City shall only have a license to use the Dark Fibers or related facilities,
expressly granted herein, and in no event shall such license be construed to be greater
than the underlying rights to use such Dark Fibers. Aspire shall not be liable for any acts
or omissions by Aspire, its employees or affiliates that interfere with or otherwise affect
City’s use of the Dark Fibers to the extent such acts or omissions are required by the
underlying rights, including, without limitation acts or omissions that deny the use of, alter
or remove the Cable.
5.2.4 Sublicensing. City shall not assign, sell, transfer, lease, sublease,
license, sub-license, or otherwise grant a right to use the Dark Fibers to any third party
without the prior written consent of Aspire.
5.2.5. Access to Dark Fibers. City may access the Dark Fibers only at
the demarcation points specified in the applicable order form. City may not access or
take any action that impacts the Dark Fibers or the Cable at any other locations.
5.3 Relocation.
5.3.1 Relocation Required By Aspire. In the event that Aspire is required
by any underlying service provider, public authorities, or lawful order or decree of a
regulatory agency or court or any other reason beyond Aspire’s reasonable control, to
relocate or modify any or all Cable on the Route upon which the Dark Fibers are located,
Aspire’s costs for any such work shall be shared on a pro rata basis with City. Aspire shall
not be responsible for the costs of, nor shall it be liable for, the removal, relocation or
replacement of any City equipment or other City property on the City’s side of the
Demarcation Point. If the relocation or replacement of the Cable is requested or caused
by a third party, Aspire shall attempt to obtain reimbursement of Aspire’s costs from said
third party. Notice to City will be provided as soon as reasonably practicable. Neither
Aspire nor any of its affiliates or agents shall incur liability for any Product Outage,
disruption, degradation, interference, or interruption of any Product in connection with any
such removal or relocation. Aspire and City shall cooperate in performing such relocation
or modifications so as to minimize any interference with the use of the Dark Fibers and
the Cable and to avoid conflicting physically or otherwise interfering with joint users of the
Cable or any other property impacted by the installation, construction, maintenance or
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use of the Cable, to the extent reasonably possible. Any such relocation shall be
accomplished consistently with the Specifications.
5.3.2 Relocation Requested By City. City may request relocation of the
Dark Fibers. Any such relocation shall be subject to Aspire’s approval (which shall be in
Aspire’s sole discretion), the execution of an order form, and City’s payment to Aspire of
such additional charges as Aspire may require. No relocation or replacement of the Cable
or related facilities shall be performed without the prior written agreement of Aspire, which
shall be in Aspire’s sole discretion.
6. TERMINATION AND CONDEMNATION.
6.1 Termination of Route Segment. In addition to, and not in limitation of, any
rights set forth in the Agreement, any Route Segment may be terminated by Aspire
without liability (unless due to a default by Aspire under any applicable Underlying Rights
agreement), upon reasonable notice to City, to the extent Aspire is no longer authorized
under the Underlying Rights to install, construct, maintain, operate, or convey the license
to use the Cable or other property as contemplated by the Agreement. If a Route
Segment is terminated pursuant to this Section, Aspire shall make reasonable efforts to
find alternate capacity or facilities owned or controlled by Aspire to meet City’s needs, but
under no circumstances shall Aspire be obligated to contract for or to construct new
facilities, or otherwise incur any additional cost or expenses, to replace the Cable or Dark
Fibers on the Route Segments terminated under this Section 5.1.
6.2 Condemnation Proceedings/Termination Rights. If City receives notice of
a proposed taking by eminent domain of any part of the Cable, City will notify Aspire of
the proposed taking within five (5) days of receiving said notice and Aspire will have the
option to: (i) declare this Agreement null and void and thereafter neither Party will have
any liability or obligation hereunder; or (ii) remain in possession of that portion of the
Cable that will not be taken. With either option Aspire shall have the right to pursue all
available remedies at law or equity.
7. FEES.
City shall pay the fees set forth in order forms executed hereunder. On January 1
of each year, the MRCs shall be escalated by three percent (3%), in accordance with
Section 5.2 of the Agreement. In addition, in the event that amounts charged to Aspire
under any underlying rights are increased or Aspire’s costs or expenses are increased
due to any underlying rights, Aspire shall have the right to charge City for its pro rata
share of such increases, which shall be added to the MRCs to be paid by City for the
applicable Term of this Agreement.
8. SERVICE LEVEL AGREEMENT.
8.1 MTTR Objectives.
8.1.1 Mean Time to Respond. The “Mean Time to Respond” is the
average time required for Aspire to begin troubleshooting a reported failure. The Mean
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Time to Respond objective is two (2) hours from Aspire’s receipt of notice of such failure.
8.1.2 Mean Time to Repair. The “Mean Time to Repair” is the average
time required to restore the fibers to an operational condition as defined herein. The
Mean Time to Repair objective is eight (8) hours from Aspire’s receipt of notice of such
failure.
8.2 Product Outage. Subject to this Section 7, in the event of a Product Outage,
City may be entitled to a Product Credit as provided in Section 7.3 below. A Product
Outage shall be deemed to begin upon the earlier of Aspire’s actual knowledge of the
Product Outage or Aspire’s receipt of notice from City of the Product Outage, and end
when the fibers are operational and in material conformance with the applicable
specifications. Notwithstanding anything to the contrary in this Exhibit C, in the
Agreement or in any order form, in no event shall a Product Outage or failure to meet any
objectives or parameters under this Exhibit C be deemed to be or constitute a breach by
Aspire of this Exhibit C, the Agreement or any order form.
8.3 Service Level Objective. If Aspire fails to repair a Product Outage within eight
(8) hours of notice from City of such Product Outage (“Repair Window”), City may be
entitled to a Product Credit as follows:
Measurement
Timeframe
Product Credit for Affected Product
Per Incident
One-Thirtieth (1/30) of the MRC of the
affected Product for each consecutive twelve
(12) hour period (or fraction thereof) after the
Repair Window up to a maximum of fifty
percent (50%) of the MRC.
8.4 Product Credits. The number of minutes of separate and discrete Product
Outages will not be cumulated to determine the applicable product credit. Product Credits
hereunder may not be applied to usage charges, government fees, taxes, or surcharges,
or any third-party charges passed through to City by Aspire. Product Credits issued to
City hereunder shall be City’s sole and exclusive remedy at law or in equity on account
of any Product Outage. Product Credits will not be issued to City if City’s account with
Aspire is in arrears. Notwithstanding anything to the contrary herein, the above-stated
Product Credits shall not apply to off-net products, and in the event of a Product Outage
or other failure of any off-net product provided by Aspire to City, Aspire agrees to pass
through a credit equal to the credit received by Aspire from its underlying provider(s) for
such Product Outage, in lieu of the above-stated Product Credits. In no event shall
Aspire’s total liability for all Product Outages and/or failure to meet any objectives or
parameters set forth in this Exhibit C in any month exceed a credit equal to fifty percent
(50%) of the MRC for the affected product for such month.
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8.5 Product Credit Request. City must submit a written request to claim a product
credit no later than thirty (30) days following the event that gives rise to City’s right to
request the product credit. Failure to request a credit within such period shall constitute a
waiver of any claim for a product credit.
8.6 Events Excepted From Product Credit. Notwithstanding the foregoing, City
shall not receive any Product Credit for any Product Outage, failure to meet any objectives
or parameters hereunder, or delay in performing repairs, arising from or caused, in whole
or in part, by any of the following events:
a. City’s (including its agents, contractors and vendors) acts or omissions;
b. Failure on the part of City equipment, City provided optical fiber, end user
equipment or City’s vendor’s equipment;
c. Failure of electrical power not provided by Aspire;
d. Election by City, after requested by Aspire, not to release the Dark Fibers
for testing and repair;
e. Aspire’s inability to obtain access required to remedy a defect in a Product,
including lack of access due to utility safety restrictions;
f. Scheduled maintenance periods;
g. Scheduled upgrade of Product at the request of City;
h. Force Majeure Event; or
i. Disconnection or suspension of the Product by Aspire pursuant to a right
provided under this Exhibit C.
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Exhibit C-1
Fiber Specifications
1. Type and Constitution. Single-mode Dark Fibers are made of high grade
doped silica core surrounded by a silica cladding; and coated with a dual layer, UV-cured
acrylic-based coating.
Properties Units Single Mode
Single Mode
Enhanced MetroCor NZDSF
Glass Geometry
Mode Field Diameter at 1310 nm (µm)9.2 ± 0.4 9.2 ± 0.4 N/A N/A
Mode Field Diameter at 1550 nm (µm)10.4 ± 0.8 10.4 ± 0.8 8.1 ± 0.5 9.2 ± 0.8
Fiber Attenuation
Maximum value at 1310 nm (dB/km)0.4 0.4 0.5 N/A
Maximum value at 1550 nm (dB/km)0.3 0.3 0.3 0.3
2. Fiber Optic Specification
Bi-directional splice value (“Splice Value”) ≤ 0.20 dB at 1550 nm. In exceptional
cases, a Splice Value may be accepted if its value is higher than 0.20 dB at 1550 nm. An
exception case is, for instance, when three (3) re-trials of a splice cannot improve the Splice
Value. The Splice Value will be given by the equation:
(Splice attenuation from A to B) + (Splice attenuation from B to A)
2
(a) Splice attenuation average (“Splice Attenuation Average”) ≤ 0.15 dB at
1550 nm. The Splice Attenuation Average is given by:
___________Σ Splice Values
Number of splices in the Route Segment
(b) It is recognized by the Parties that due to the use of ribbon fiber optic
cable on some of the segments, the Splice Value of individual splices may exceed 0.20
dB. However, the Splice Attenuation Average for any Route Segment as designated
in (b) above shall supersede all other splicing requirements.
3. Connectors
(a) Maximum Connector/pigtail loss. The attenuation contribution of each
pigtail with associated connector is considered to be 1.0 dB, comprised of 0.8 dB
connector loss and 0.20 dB splice loss (pigtail to cable splice).
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4. Fiber Optic Test Parameters
I. Standard Fiber Optic Testing:
(a) Bi-directional OTDR
(i) Span traces will be captured at 1310nm and 1550nm.
Traces will be provided in native format and / or PDF.
(b) Bi-Directional Power Meter.
(i) Bi-Directional power meter results will be furnished with
light source data at 1550nm. Data will be supplied in a excel format with
all locations clearly identified including demarcation details.
II. Additional Fiber Optic Testing (for an additional charge):
(a) Optical Return Loss/Reflectance
(i) The ORL value measures the total light reflected back to
the transmitter caused by the system components of the fiber under test
and can degrade the performance by affecting the stability of the laser;
this in turn can create bit errors.
(ii) Specifications – ORL
Vendor and Telcordia specifications regarding Optical Return Loss
are as follows:
Parameter Required
Threshold
Optical Return Loss >30 dB
(b) Polarization Mode Dispersion.
(i) PMD is caused by different polarizations of the light pulse
traveling along the fiber at slightly different speeds due to imperfections
of size and material properties along the length of the fiber. This causes
the light pulses or waveforms to spread out or broaden causing possible
bit error rate of the transmission signal. The higher the bandwidth, the
shorter the pulse and the increase of importance of testing prior network
turn up.
(ii) Polarization-Mode Dispersion Measurement for Single-
Mode Optical Fibers by Interferometry Method.
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(iii) PMD coefficient of the tested fiber should not exceed <0.2
ps/km1/2.
(c) Chromatic Dispersion
(i) Chromatic Dispersion is the broadening or spreading of a
pulse of light due to the nonzero spectral width of a transmission signal.
The effects of chromatic dispersion can limit the network transmission
rate or the length of fiber a signal can be transmitted before requiring re-
generation.
(ii) Specifications – Chromatic Dispersion
(iii) Record the total Chromatic dispersion for the tested span,
the value per kilometer should be within the range specified below.
Type Dispersion @ 1550nm
SMF (ITU-T 6.652.D) ≤18 ps/(nm*km)
ELEAF (ITU-T G.655) 4 ps/(nm*km)
TrueWave RS (ITU-T
G.655)
4.5 ps/(nm*km)
TrueWave Classic (early
G.655)
2 ps/(nm*km)
DSF (ITU-T G.653) 0 ps/(nm*km)
SMF-LS -1 ps/(nm*km)
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Exhibit D
Internet Supplement & SLAs
1. SCOPE.
This Exhibit D and any additional exhibit(s) attached hereto apply to Internet products
licensed under an order form that specifies Internet as further defined in this Section. This
Supplement shall not apply to other products, including Ethernet, wavelength, dark fiber, or
colocation.
2. ADDITIONAL DEFINITIONS.
“Product” means Internet connectivity and Bandwidth provisioned by Aspire at a
Location. Product includes, without limitation, the following types of Products:
“Internet Access” means Internet connectivity and Bandwidth provided via a
connection at Aspire’s POP.
“Dedicated Internet Access” means Internet connectivity and Bandwidth provided via
a local access from a Location to Aspire’s POP.
“Internet Integrated with SD-WAN” means Internet connectivity at a Location enabling
a software defined wide area network, an application aware, policy driven network, delivered
by an Edge Device (as defined in Exhibit D-1 attached hereto and incorporated by this
reference) or virtual instance of such device at the Location.
“Internet Access with Basic Firewall” means Internet Access with L4 stateful firewall
and static routing capabilities delivered by an Edge Device or virtual instance of such device
without advanced routing or other Managed Internet Router features.
“Dedicated Internet Access with Basic Firewall” means Dedicated Internet Access
with L4 stateful firewall and static routing delivered by an Edge Device or virtual instance of
such device without advanced routing or other Managed Internet Router features.
“Managed Internet Router” means Internet Access or Dedicated Internet Access with
an L4 stateful firewall for a single Location that includes static and dynamic advanced routing
capabilities that are enabled by an Edge Device or virtual instance of such device at the
Location.
Access Port” means the port on Aspire’s equipment at the Location which is the point
of attachment and entry into the Network (as defined in the Agreement), and the demarcation
point for the applicable Product.
“Bandwidth” means the amount of data (quantified as “Mbps” or “Gbps”) made
available to City.
“Aspire’s POP(s)” means Aspire’s point of presence(s) at which Aspire provides
interconnectivity to its networks routes and facilities.
“Frame Delivery Rate” means the monthly average percentage of Internet Protocol
(“IP”) packets successfully received from the relevant portion of the Network relative to the
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number of IP packets offered to the Network between the Aspire’s POPs and Access Port.
“Latency” means the monthly average round-trip transmission time (in milliseconds)
for IP packets to travel on the relevant portion of the Network between the Aspire’s POPs and
Access Port. Latency is measured (i) between the Aspire’s POPs and Access Port, and (ii)
using Aspire’s network management systems or testing hardware. Aspire’s network
management systems or testing hardware shall be the sole and conclusive source of
measurements for the purposes of measuring Latency.
“Location” is an address wherein Aspire will hand off product to City.
“Product Availability” means the percentage of minutes during a calendar month that
the licensed Product has not incurred a Product Outage. Product Availability is calculated as
follows: (43,200 - total number of minutes of Product Outage during the calendar month)
divided by 43,200.
“Product Credit” means a credit that City may be eligible to receive in the event of a
Product Outage or Product Performance Failure.
“Product Outage” means any period of time during which the Product is unable to send
or receive data.
“Product Performance Failure” means a failure of the Product to meet any
performance parameters set forth in Section 6.2.2 through 6.2.4 below. Product Performance
Failure is not a Product Outage.
3. SPECIFICATIONS.
The specifications applicable to Products are the performance parameters set forth in
Section 5 below.
4. USE BY CITY.
4.1 The Product provides IP transit service via the Network to the public Internet.
4.2 The Product is configured at designated speeds on a port(s) at the Location
utilizing Aspire’s equipment. The selected speed of service, physical handoff type on the
City’s equipment to the City, pricing and length of the initial Term shall be set out in the
individual order form.
4.3 City shall utilize the Product(s) in compliance with all applicable international,
federal, state and local laws and regulations, as well as abide by Aspire’s Customer
Acceptable Use Policy, which is posted on Aspire’s website at aspirebroadband.com and
incorporated herein by reference.
4.4 Upon expiration or termination of a Product for any reason, City agrees to return
to Aspire any IP addresses or address blocks assigned to City by Aspire.
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5. SERVICE LEVEL AGREEMENT.
5.1 Product Service Level. Subject to this Section 5, in the event of a Product Outage
to any licensed Product or a Product Performance Failure, City may be entitled to a Product
Credit in accordance with the applicable Service Level Objective set forth in Section 5.2 below.
A Product Outage, or Product Performance Failure as the case may be, shall be deemed to
begin upon the earlier of Aspire’s actual knowledge of the same or Aspire’s receipt of notice
from City of the same, and end when the Product is operational and in material conformance
with the applicable specifications. Notwithstanding anything to the contrary in this Exhibit D,
the Agreement or any order form, in no event shall a Product Outage and/or Product
Performance Failure and/or any other defect or failure in the Product be deemed to be or
constitute a breach by Aspire of this Exhibit D, the Agreement or any order form. Traffic
traversing the public Internet is not subject or applicable to this Section 5 or this Exhibit D.
5.2 Service Level Objectives.
5.2.1 Product Availability.
If the Product Availability in any calendar month is less than the Product Availability
objective set forth in the table below, City shall be entitled to a Product Credit equal to the
percentage of the applicable MRC set forth in the following table:
Quality
Level
Product
Availability
Objective
Measur
ement
Timefra
me
Product Credit
Cumulative Duration
of Product Outage(s)
% of MRC
Product
Availability
99.9%
One
Month
0 to 2 hrs. 0%
>2 hrs. to 4 hrs. 10%
>4 hrs. to 8 hrs. 15%
>8 hrs. to 12 hrs. 20%
>12 hrs. to 24hrs. 25%
> 24 hrs. 30%
5.2.2 Latency.
If the actual monthly average Latency exceeds the number of milliseconds set forth in
the table below and such failure is quality-impacting, City shall be entitled to a Product Credit
equal to the percentage of the applicable MRC set forth in the following table:
LATENCY
Domestic US Product Credit
60ms or less No Credit
>60ms 10%
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5.2.3 Frame Delivery Rate (Packet Delivery).
If the actual monthly average Frame Delivery Rate is less than the percentages set
forth in the left column of the table below and such failure is quality-impacting, City shall be
entitled to a Product Credit equal to the percentage of the applicable MRC set forth in the
following table:
FRAME DELIVERY RATE
Domestic US Product Credit
99.5% or greater No Credit
Less than 99.5% 10%
5.3 Product Credits. Product Credits hereunder are calculated as a percentage of the
MRC set forth in the order form, and may not be applied to usage charges, government fees,
taxes, or surcharges, or any third-party charges passed through to City by Aspire. Product
Credits hereunder may be paid only once per any given billing cycle. Product Credits issued
to City hereunder shall be City’s sole and exclusive remedy at law or in equity on account of
any Product Outage and/or Product Performance Failure and/or any other defect or failure in
the Product. Product Credits will not be issued to City if City’s account with Aspire is in arrears.
If an incident affects the performance of the Product and results in a period or periods of
interruption, disruption, failure or degradation in quality, entitling City to one (1) or more credits
under multiple quality level standards, only the single highest credit with respect to that
incident will be applied, and City shall not be entitled to credits under multiple quality level
standards for the same incident. Notwithstanding anything to the contrary herein, the above-
stated Product Credits shall not apply to off-net Products, and in the event of any Product
Outage or Product Performance Failure of any off-net Product provided by Aspire to City,
Aspire agrees to pass through a credit equal to the credit received by Aspire from its underlying
provider(s) for such Product Outage or Product Performance Failure, in lieu of the above-
stated Product Credits. In no event shall Aspire’s total liability for any and all interruptions,
disruptions, failures, and/or degradations in quality (including, without limitation, any Product
Outage or Product Performance Failure) exceed fifty percent (50%) of the MRC for the affected
Product.
5.4 Product Credit Request. City must submit a written request to claim a Product
Credit no later than thirty (30) days following the event which gives rise to City’s right to request
the Product Credit. Failure to request an allowance within such period shall constitute a waiver
of any claim for a Product Credit.
5.5 Events Excepted From Product Credit. Notwithstanding the foregoing, City shall
not receive any Product Credit for any Product Outage, Product Performance Failure, failure
to meet any objectives or parameters hereunder, or delay in performing repairs, arising from
or caused, in whole or in part, by any of the following events:
1) City’s (including its agents, contractors and vendors) acts or omissions;
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2) Failure on the part of City’s equipment, City provided optical fiber, City’s end
user equipment or City’s vendor’s equipment;
3) Failure of electrical power not provided by Aspire;
4) Election by City, after requested by Aspire, not to release the Product for testing
and repair;
5) Aspire’s inability to obtain access required to remedy a defect in the Product or
restore DDoS Defense;
6) Scheduled maintenance periods;
7) Scheduled upgrade of Product at the request of City;
8) Force Majeure Event;
9) Disconnection or suspension of the Product by Aspire pursuant to a right
provided under this Exhibit D or the Agreement;
10) Failure of any local access circuits provided by City;
11) Aspire’s inability to repair due to utility safety restrictions;
12) Unavailability of required City personnel, including as a result of City’s failure to
provide Aspire with accurate, current contact information;
13) Improper or inaccurate network specifications provided by City;
14) Unavailability of required spectrum not due to the fault or negligence of Aspire
when fixed wireless is utilized in the provisioning of the Product;
15) Dropping of Internet traffic pursuant to Section 5.2; and/or
16) City attempting to exceed maximum Bandwidth of City’s port connection to the
Network.
6. ADDITIONAL TERMS.
6.1 Disclaimer of Third Party Actions. At times, actions or inactions caused by third
parties (e.g. DDoS attacks and unauthorized network intrusions) can produce situations in
which City connections to the Internet (or portions thereof) may be impaired or disrupted. In
addition, third parties may attempt to intrude into or hack into City’s network. Aspire has no
control over or responsibility for the security of City’s network or unauthorized intrusions into
and/or unauthorized uses of City’s network and/or IP addresses used by City. Aspire cannot
guarantee that such situations will not occur, and accordingly Aspire disclaims any and all
liability resulting from or related to such events. In the event that City’s use of the Product or
such third parties is causing harm to the Network or its operations, Aspire shall have the right
to suspend the Product. Aspire shall restore the Product at such time as it reasonably deems
that there is no further harm or threat to the Network or its operations.
6.2 Network Traffic Samples. Aspire may collect small samples of network traffic for
(i) support and maintenance of product performance, and/or (ii) troubleshooting, prevention or
correction of service impacting incidents or for correcting and defending against malicious and
improper usage of the Network and products (e.g. DDoS attacks, Botnet activity) (“Network
Traffic Samples”). Network Traffic Samples typically include source and destination IP
addresses, source and destination ports, and partial or in some cases full payload data, and
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may be stored in a secure system for historic, troubleshooting, or reporting purposes for up to
one year. The collection of Network Traffic Samples is inherent in Aspire providing the
Product. Aspire does not otherwise utilize Network Traffic Samples for any other purpose,
including, but not limited to, collecting data for marketing or sales purposes, or selling or
transferring of data to third parties. Aspire utilizes security best practices and provides
reasonable and adequate protections to the systems that collect and store Network Traffic
Samples. Aspire is unable to decrypt any Network Traffic Samples that are encrypted;
therefore, Aspire highly recommends that City encrypt its network traffic.
Aspire may not utilize, sell, or disclose aggregated data derived from Network Traffic Samples.
To the fullest extent permitted by law, Aspire will defend, indemnify, and hold City, its elected
officials, officers, employees and agents free and harmless with respect to claims and liabilities
arising out of the unauthorized disclosure or use of, or access to, Network Traffic Samples
(“Data Breach”) caused by or arising out of the negligence, willful misconduct, or breach of
this Agreement by Aspire, or any of its owners, employees, contractors or agents. Aspire will
promptly, but no later than 48 hours after such data breach or disclosure, notify the City thereof
including providing any and all information necessary for the City to protect itself and/or third
parties from further damage and injury. To the extent the Data Breach resulted in the
disclosure of or access to “personal information”, as defined in California Civil Code Sec.
1798.140, Aspire shall make all required notifications to the subjects of such Data Breach,
and shall otherwise comply with Civil Code Sec. 1798.100, et seq. This Section shall survive
the termination of this Agreement.
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Exhibit D-1
Additional Terms and Conditions for Internet
Integrated with Managed Internet Products
This Exhibit D-1 is hereby incorporated into Exhibit D, and the following terms and
conditions of Exhibit D-1 shall only apply to Managed Internet Products (as that term is defined
herein) provided by Aspire to City. Any capitalized terms
1. ADD-ON OPTIONS
1.1 “High Availability” means dual Edge Devices deployed at the Location (as defined
in Exhibit D) setup in a configuration to provide redundancy. The Edge Devices, deployed in
a high availability configuration, are connected to each other with a fallback mechanism based
on pre-determined policies.
1.2 Next-Gen Firewall” means additional security features to the Managed Internet
Product, namely secure socket layer (“SSL”) inspection, uniform resource locator (“URL”) and
Internet protocol (“IP”) reputation and filtering, and L7 application controls.
1.3 Unified Threat Management” means Additional security features to the
Managed Internet Product, namely anti-virus protection, intrusion detection system (“IDS”),
intrusion prevention system (“IPS”), file filtering, and SSL decryption and encryption.
2. ADDITIONAL DEFINITIONS
“Edge Device” means Aspire’s equipment which can be physical or virtual and is part
of the Managed Internet Product solution.
“Logical Changes” means City requested basic modifications or changes performed
remotely by Aspire’s Network Operations Center to the Internet Integrated with SD-WAN (as
defined in Exhibit D) Product following the installation and delivery of such Product including,
but not limited to, changes to routing tables.
“Managed Internet Product(s)” means the Internet Integrated with SD-WAN Products,
Internet Access with Basic Firewall (as defined in Exhibit D) Products, Dedicated Internet
Access with Basic Firewall (as defined in Exhibit D) Products, and Managed Internet Router
(as defined in Exhibit D) Products.
“Network Controller” means the Aspire’s equipment which provides physical or virtual
device management for all Edge Devices associated with the controller.
“Software” means software which is embedded in the Edge Device and used in
connection with the Internet Integrated with SD-WAN Product.
3. SPECIFICATIONS
The specifications applicable to Managed Internet Products are as follows:
3.1 IP Address Allocation. The Edge Device may use one or more IP address blocks
depending on the number of transport services at the Location. Each Managed Internet
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Product will have a unique IP address block.
3.2 Network Traffic Management. Aspire’s network traffic policies will restrict the
traffic flows to the subscribed committed information rate (“CIR”) in connection with the
Managed Internet Product.
4. IMPLEMENTATION AND CONFIGURATION
4.1 Configuration and Pre-Installation Technical Documentation. City shall
reasonably cooperate with Aspire in the installation and configuration of the Managed Internet
Product, and City shall also assist in the completion of technical documentation prior to
commencement of installation of the Managed Internet Product. The documentation provides
Aspire with the information needed to design and configure the Managed Internet Product,
including, but not limited to, access type and bandwidth, local area network and wide area
network (“WAN”) design, number of users, and traffic types and priorities.
4.2 City Responsibilities. City will provide: (i) an operating environment with
temperatures not below fifty-five (55) or above eighty-five (85) degrees Fahrenheit, and
humidity shall not exceed ninety (90) percent at eighty-five (85) degrees Fahrenheit; (ii) power
including UPS AC power equipment, circuit sizing to be determined, if applicable; (iii)
emergency local generator backup service, if applicable; (iv) if interfacing with a third party IP
service, provide, install and maintain a device that is capable of routing network traffic between
the Managed Internet Product and the City’s WAN; (v) secure space for Aspire’s equipment
at each Location; and (vi) a point of contact for Managed Internet Product installation,
activation, notices for Product Outages (as defined in Exhibit D), configuration assistance, and
any maintenance activities. City is solely responsible for designating authorized City
representatives in connection with City’s use of the Managed Internet Product, account
access, maintenance, and configuration permissions associated with the Managed Internet
Product. City shall promptly notify Aspire of any changes to permissions related to City’s
authorized representatives on file with Aspire. In addition, City is responsible for the
performance of the applicable functions set forth on the Responsibility Matrix in Section 9
below.
4.3 Cross Connections. As necessary for interconnection of the Managed Internet
Product with service provided by others, Aspire may request (as applicable), and City will
provide to Aspire, circuit facility assignment information and design layout records necessary
to enable Aspire to make the necessary cross-connection between the Managed Internet
Product and City’s other service(s) from other provider(s). Aspire may charge City non-
recurring and monthly recurring cross-connect charges to make such connections.
4.4 Security Monitoring and Mitigation. Aspire monitors the Edge Device utilized in
connection with the Managed Internet Product. Aspire does not provide monitoring of security
events, any security event mitigation or advice regarding security issues or threats. Upon
request by City, Aspire will modify the configuration of the Managed Internet Product in
accordance with the specifications provided by City to attempt to mitigate security events and
security threats identified by City. Aspire’s sole obligation is to implement the configuration
settings requested by City. Aspire makes no guarantees with respect to the detection or
blocking of viruses/worms/malware or any other types of attacks, and is not responsible for
any malicious data that may be transmitted over the Managed Internet Product.
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4.5 Aspire Responsibilities. Aspire is responsible for the performance of the
applicable functions as set forth on the Responsibility Matrix in Section 9 below. The
demarcation point for the Managed Internet Product is the port on the Edge Device.
4.6 Proprietary Rights and Permitted Use. City may use the Managed Internet
Products only for its own internal use. City shall not assign, sell, transfer, distribute, lease,
sublease, license, sub-license, or otherwise grant a right to use the Managed Internet Product
to any third party. City shall not use or copy any Software except as expressly permitted in
the Agreement. Except to the extent such restrictions are not permitted under applicable law,
City agrees not to modify, adapt, alter, decompile, disassemble, reverse assemble, reverse
engineer or otherwise attempt to derive source code for the Edge Device, Software or any
other aspect of the Managed Internet Product. City may not distribute, license, lease, rent,
loan, or otherwise transfer the Software. City shall not create derivative works based on the
Software. City may not export the Software or the underlying technology in contravention of
the applicable U.S. and foreign export laws and regulations. City acknowledges and agrees
that portions of the Software, including but not limited to the source code and the specific
design and structure of individual modules or programs, constitute or contain trade secrets of
Aspire and its licensors. Any Software provided hereunder is licensed only and is subject to
this Exhibit D-1, and Aspire or its providers retain title in all copies of the Software. City will
not obtain title to, or ownership of any intellectual property rights in the Software or any copies
thereof. City’s rights in the Software will be limited to those expressly granted in this
Exhibit D-1. Aspire reserves all rights not expressly granted to City under this Exhibit D-1.
4.7 Content and Transportation of Managed Internet Product. City accepts that
Aspire does not control or operate the content that is transmitted or transported via the
Managed Internet Products, and City shall be solely liable and responsible for the content,
data and communications applicable to the Managed Internet Product. City acknowledges
that Aspire will have network access to communicate with the Edge Device for purposes such
as authentication and Software updates; and will have access to, and may utilize for any
purpose all information regarding networking characteristics, usage, performance and related
information involved in the use of the Managed Internet Product (“KPI”). Aspire will protect this
KPI, and will not divulge to anyone outside of Aspire, or its subcontractors and agents, unless
required by law via a subpoena.
4.8 Fraudulent Use of Product. Aspire shall not be held liable for any usage, charges
and/or damages resulting from City’s fraudulent or unauthorized use of the Managed Internet
Products, Software and/or Edge Devices. City will not use any Managed Internet Product in
any unlawful, abusive, or fraudulent manner. If Aspire has reason to suspect City is abusing
a Managed Internet Product or using them fraudulently or unlawfully, Aspire reserves the right
to immediately suspend, restrict, or terminate the Managed Internet Product or all of the
Managed Internet Products without notification. In such an event, City will be held liable for all
usage, including but not limited to, any and all fraudulent usage.
5. CITY PORTAL
Aspire will provide the City with a password-protected web portal to view performance
information regarding City’s Managed Internet Products upon City’s request.
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6. FEES FOR MANAGED INTERNET PRODUCTS
In the event that amounts charged to Aspire under its underlying third party reseller
agreement are increased in connection with a Managed Internet Product, Aspire shall have
the right to charge City for such increase, which shall be added to the MRCs to be paid by City
for the applicable term. In the event of any such increase, Aspire will provide prior written
notice to City, and any such increases in charges will not take effect until City’s receipt of such
notice.
7. EMERGENCY BLOCKING
The Parties agree that if either Party, in its reasonable sole discretion, determines that
an emergency action is necessary to protect its own network, then the applicable Party may
block any transmission path over its network by the other Party where transmissions do not
meet material standard industry requirements and after engaging in reasonable and good faith
efforts to notify the other Party of the need to block. Any such blockage will be without any
liability or obligation to the other Party. The Parties further agree that none of their respective
obligations to each other under the Agreement, Exhibit D, this Exhibit D-1 and order form will
be affected by such blockage, except if City is the Party being blocked, then City will not be
obligated to make payments for the circuit(s) which is so blocked until such time as the
blockage is removed.
8. CHANGES
During the Term of this Agreement, Aspire will perform certain Aspire configuration
changes with respect to the Managed Internet Products upon request by City, following
installation and delivery of each Managed Internet Product and subject to additional charges,
certain charges of which are detailed below.
Change Type Time of Day Rates Per Incident
(Charged per Product)
Technician dispatch 7:01 AM to 6:59 PM $250 per hour, 4-hour minimum
Technician dispatch 7:00 PM to 7:00 AM $375 per hour, 4-hour minimum
Logical Changes – Remote 7:01 AM to 6:59 PM $200 per hour, 1-hour minimum
Logical Changes – Remote 7:00 PM to 7:00 AM $300 per hour, 1-hour minimum
The charges above may be increased once per contract year upon notice to City by the
percentage increase, if any, in the Consumer Price Index – Urban Wage Earners and Clerical
Workers (U.S. City Average, All Items, Base 1982-1984 equals 100) as published by the
United States Department of Labor, Bureau of Labor Statistics.
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9. RESPONSIBILITY MATRIX – MANAGED INTERNET PRODUCTS
Function Aspire City
Strategic direction X
Appropriate space, power, operating
environment
X
Network design X X
Monitoring X
Fault isolation X
Fault restoration – Physical X
Fault restoration – Logical X
Break fix maintenance X
Change management – Physical X
Change management – Logical X
Configuration back-up X
Security policy and updates X
Utilization reporting X
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ATTACHMENT 5
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2024/25 BUDGET TO INCREASE ENGINEERING
PLAN REVIEW AND PROCESSING REVENUES BY
$75,000 AND TO APPROPRIATE AN ADDITIONAL $75,000
FOR ENGINEERING REVIEW AND INSPECTION
EXPENDITURES IN THE ENGINEERING/PUBLIC WORKS
FUND (2205)
WHEREAS, on June 19, 2024, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2024/25; and
WHEREAS, on April 2, 2025, the City Council approved a License Agreement
between the City and Aspire Broadband, LLC; and
WHEREAS, the City intends to utilize its previously-contracted outside civil
engineering firm, m6 Consulting, Inc., to provide civil engineering plan check and
inspection services associated with the License Agreement; and
WHEREAS, pursuant to the License Agreement, Aspire Broadband, LLC has
agreed to reimburse the City for its actual costs up to $400,000, and then for 50% of
estimated costs $400,000 and $500,000, and then actual costs above $450,000; and
WHEREAS, on April 2, 2025, a staff report was presented to the City Council
requesting approval of a budget amendment in the amount of $75,000 for offsetting
revenues and expenditures for civil engineering plan check and inspection services
associated with the License Agreement with Aspire Broadband, LLC during Fiscal
Year 2024/25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves a budget amendment in the
amount of $75,000 in both revenues and expenditures in the Engineering/Public Works
Fund (2205), as further described in Exhibit A, attached hereto and incorporated by
reference.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 2nd day of April, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A: Budget Amendment 132
FUND BALANCE ALLOCATION:
Fund Title Unassigned Fund Bal Revision Amended Balance
Enginnering/PW Fund (2005)-$ -$ -$
Total -$ -$ -$
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
2205-000-00000-43020 500,000.00$ 75,000.00$ 575,000.00$
-$ -$ -$
-$ -$ -$
-$ -$ -$
-$ -$ -$
Total 500,000.00$ 75,000.00$ 575,000.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2205-223-E0037-51060 105,000.00$ 40,000.00$ 145,000.00$
2205-223-E0038-51060 60,200.00$ 35,000.00$ 95,200.00$
-$ -$ -$
-$ -$ -$
-$ -$ -$
Total 165,200.00$ 75,000.00$ 240,200.00$
EXHIBIT A
BUDGET AMENDMENT FOR
PUBLIC WORKS DEPARTMENT
FY 2024/25
ENGINEERING/PUBLIC WORKS FUND (2005) | ENGINEERING DIVISION
CIVIL ENGINEERING PLAN CHECK AND INSPECTION SERVICES
FOR LICENSE AGREEMENT WITH ASPIRE BROADBAND LLC
133