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Agenda 06/27/2017 Item #16A1406/27/2017 EXECUTIVE SUMMARY Recommendation to approve a resolution to 1) establish standard templates for Right -of-Way Use Performance Bond Agreements and accompanying Performance Bonds, and 2) delegate to the County Manager or designee the authority to execute Right-of-Way Use Performance Bond Agreements for collocating small wireless facilities on County utility poles on behalf of the Board of County Commissioners (This is a companion item to Agenda Items 16A13 and 17F) OBJECTIVE: To have the Board of County Commissioners (Board) 1) approve the standard template for Right-of-Way (ROW) Use Performance Bond Agreements and Performance Bonds, and 2) delegate to the County Manager or designee the authority to execute ROW Use Performance Bond Agreements for collocating small wireless facilities on County utility poles on behalf of the Board. CONSIDERATIONS: In 2017, the Florida Legislature enacted HB 687, known as the “Advanced Wireless Infrastructure Deployment Act” (The Act) and codified in Florida Statutes 337.401. T he Act requires local governments to accept applications for permits for the collocation of small wireless facilities in the public ROW, and authorizes a local government to require performance bonds to be posted for the use of the ROW for this purpose. Accordingly, a companion item for the adoption of an ordinance establishing a new permitting process and requirements for communications facilities, including small wireless facilities, in the County ROW is on today’s agenda for consideration by the Board. The new permitting process includes a requirement to submit a “Right-of-Way Use Bond” for collocating small wireless facilities on County owned utility poles. In order to implement the bonding process, the proposed resolution includes a standard template for Right-of-Way Use Performance Bond Agreements and Performance Bonds for use as a guide when preparing bonding instruments for the collocation of small wireless facilities on County owned utility poles. The Board has previously delegated authority to execute other similar bonds such as Excavation, Early Work Authorizations, and Site Development Plan Bonds. Accordingly, the proposed resolution also delegates the Board’s authority to execute ROW Use Performance Bond Agreements. Authorizing the County Manager or designee to execute the standard agreements on behalf of the Board will save four to six weeks in the issuance of these permits. This is valuable time for the applicant and will also allow staff to dedicate time and resources to other petitions, and increase overall efficiency of the ROW permit review process. This action does not bind the Board to expend funds nor does it authorize staff to release Right -of-Way Use Bonds without further Board approval. 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 approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: To approve the Resolution to 1) establish standard templates for Right -of-Way Use Performance Bond Agreements and Performance Bonds, and 2) delegate to the County Manager or designee the authority to execute Right-of-Way Use Performance Bond Agreements for collocating small wireless facilities on County utility poles on behalf of the Board of County Commissioners. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division 16.A.14 Packet Pg. 803 06/27/2017 ATTACHMENT(S) 1. Bond Templates Resolution 6-19-17 signed (PDF) 16.A.14 Packet Pg. 804 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 3387 Item Summary: Recommendation to approve a resolution to 1) establish standard templates for Right-of-Way Use Performance Bond Agreements and accompanying Performance Bonds, and 2) delegate to the County Manager or designee the authority to execute Right-of-Way Use Performance Bond Agreements for collocating small wireless facilities on County utility poles on behalf of the Board of County Commissioners. (This is a companion to Agenda Items 16A13 and 17F) Meeting Date: 06/27/2017 Prepared by: Title: Planner, Senior – Growth Management Development Review Name: Jeremy Frantz 06/19/2017 4:54 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/19/2017 4:54 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/19/2017 5:04 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 5:31 PM Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/16/2017 5:03 PM Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:54 PM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/20/2017 1:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2017 1:11 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 2:16 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 3:53 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 4:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 16.A.14 Packet Pg. 805 16.A.14.a Packet Pg. 806 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 807 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 808 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 809 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 810 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 811 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds) 16.A.14.a Packet Pg. 812 Attachment: Bond Templates Resolution 6-19-17 signed (3387 : ROW Use Bonds)