Agenda 11/12/2019 Item #16A27 (Construction Bonds associated w/small wireless facilitites on County Utility Poles)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution to establish a standard template for Construction Bonds
associated with the collocation of small wireless facilities on County utility poles on behalf of the
Board of County Commissioners.
OBJECTIVE: To have the Board of County Commissioners (Board) approve a Resolution to establish a
standard template for Construction Bonds associated with the collocation of small wireless facilities on
County utility poles on behalf of the Board of County Commissioners.
CONSIDERATIONS: In 2017, the Board of County Commissioners approved Resolution No. 2017-110
establishing a template performance bond agreement and performance bond for the collocation of small
wireless facilities on County utility poles and the ancillary use of the County right-of-way, and Ordinance
No. 2017-27, which required applicants to provide an executed County Rights-of-Way Use Performance
Bond.
On July 1, 2019, Senate Bill 1000, Chapter 2019-131 went into effect, amending Section 337.401 of the
Florida Statutes, which governs the uses of public rights-of-way by providers of communication services,
including small and micro wireless facilities. The 2019 amendment eliminated our ability to require
performance bonds for collocation of small wireless facilities on utility poles in public rights-of-way.
Instead, local governments may require a Construction Bond for right-of-way restoration only, limited to
18 months after the construction to which the bond applies is completed. The proposed reso lution
accounts for this statutory change and provides for a new Construction Bond form to be utilized for right -
of-way restoration in connection with collocation of small wireless facilities on County utility poles.
FISCAL IMPACT: There is no fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. SB 1000
provides in relevant part as follows:
12. An authority may adopt by ordinance provisions for insurance coverage,
indemnification, performance bonds, security funds, force majeure, abandonment,
authority liability, or authority warranties. Such provisions must be reasonable and
nondiscriminatory. An authority may require a construction bond to secure restoration of
the postconstruction rights-of-way to the preconstruction condition. However, such bond
must be time limited to not more than 18 months after the construction to which the bond
applies is completed.
The proposed Construction Bond conforms to this language. Accordingly, the item is approved as to
form and legality, and requires a majority vote for approval. -JAK
RECOMMENDATION: To approve a Resolution to establish a standard template for Construction
Bonds for the restoration of the County rights-of-way associated with the collocation of small wireless
facilities on behalf of the Board of County Commissioners.
Prepared by: Lucia Martin, Associate Project Manager, Development Review
16.A.27
Packet Pg. 883
11/12/2019
ATTACHMENT(S)
1. Resolution (PDF)
16.A.27
Packet Pg. 884
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.27
Doc ID: 10722
Item Summary: Recommendation to approve a Resolution to establish a standard template for
Construction Bonds associated with the collocation of small wireless facilities on County utility poles on
behalf of the Board of County Commissioners.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/31/2019 9:26 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/31/2019 9:26 AM
Approved By:
Review:
Growth Management Department Matthew McLean Additional Reviewer Completed 10/31/2019 9:43 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/31/2019 9:51 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/31/2019 10:00 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/31/2019 10:33 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/31/2019 11:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2019 11:50 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/31/2019 2:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2019 9:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 11:42 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.27
Packet Pg. 885
16.A.27.a
Packet Pg. 886 Attachment: Resolution (10722 : Construction Bond for Small Wireless Facilities in the County Right-of-Way)
16.A.27.a
Packet Pg. 887 Attachment: Resolution (10722 : Construction Bond for Small Wireless Facilities in the County Right-of-Way)
16.A.27.a
Packet Pg. 888 Attachment: Resolution (10722 : Construction Bond for Small Wireless Facilities in the County Right-of-Way)
16.A.27.a
Packet Pg. 889 Attachment: Resolution (10722 : Construction Bond for Small Wireless Facilities in the County Right-of-Way)