Resolution 2017-110 RESOLUTION NO. 2017-1 1 0
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA 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 DELEGATING AUTHORITY TO SIGN
PERFORMANCE BOND AGREEMENTS TO THE COUNTY MANAGER
OR DESIGNEE.
WHEREAS, Section 337.401, Florida Statutes, requires local governments to allow the
collocation of small wireless facilities on utility poles within the public rights-of-way and
authorizes local governments to adopt ordinances requiring the issuance of a performance bond
for such use; and
WHEREAS, on June 27, 2017, the Board adopted Ordinance No. 2017-27 which
requires applicants to provide an executed County Rights-of-Way Use Bond in Section Eleven of
the Ordinance; and
WHEREAS, the Board wishes to establish a template Right-of-Way Use Performance
Bond Agreement, as depicted in Exhibit "A" attached hereto, and a template Right-of-Way Use
Performance Bond,as depicted in Exhibit"B"attached hereto,and authorize the County Manager,
or designee, to sign a Right-of-Way Use Performance Bond Agreement on behalf of the Board of
County Commissioners if such agreement utilizes the approved template or an alternate form
deemed acceptable to the County and the Office of the County Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. The Board hereby approves the template Right-of-Way Use Performance Bond
Agreement, as attached hereto as Exhibit "A," and the template Right-of-Way Use Performance
Bond, as attached hereto as Exhibit "B," for all Wireless Providers seeking to utilize the County
Right-of-Way as authorized by Ordinance No. 2017- 27 ,as may be amended from time to time;
and
2. The Board hereby delegates signature authority to the County Manager, or designee, for
all performance bond agreements issued pursuant to Section Eleven of Ordinance 2017-2 7 , as
may be amended from time to time.
BE IT FURTHER RESOLVED that this Resolution is recorded in the minutes of this
Board.
Page 1 of 2
THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption
this 27th day of June, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
CBy:
Attest
as toChaitmaf's, Deputy Clerk Penny Tay $ CHAIRW• ► AN
signature only.
Approved as to form and legality:
BAA,1)-Al()—ef—L)
Emily R. n
Assistant County Attorney
Page 2 of 2
EXHIBIT "A"
WIRELESS FACILITIES ON COUNTY OWNED UTILITY POLES PERFORMANCE
AGREEMENT
THIS WIRELESS FACILITIES ON COUNTY OWNED UTILITY POLES PERFORMANCE
AGREEMENT entered into this day of , 20
between hereinafter referred to as "Provider," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Provider has applied to locate wireless facilities on County owned Utility Poles
in accordance with the Collier County Code of Laws and Ordinances, including but not limited to
Ordinance 2017- and the Construction Standards Handbook for Work with the Public Right-of-
Way Collier County, Florida (collectively, the "Right-of-Way Use Regulations"); and
WHEREAS, Ordinance 2017- requires Provider to post appropriate performance
guarantees to ensure compliance with the Right-of-Way Use Regulations, to protect against any
damage or abandonment of facilities that may take place within rights-of-way and easements and
compliance with the terms of Right-of-Way Permit No.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Provider and the Board do hereby covenant and agree as follows:
1. Provider agrees to comply with the Right-of-Way Use Regulations.
2. Provider herewith tenders its right-of-way use performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by the Provider or failure of Provider to comply with the
Right-of-Way Use Regulations and to restore Right-of-Way upon abandonment of
the facilities or termination use of the facilities within the time required by the Right-
of-Way Use Regulations, Collier County, may call upon the right-of-way
performance security to ensure satisfactory removal and restoration of the Right-
of-Way.
4. The Right-of-Way restoration shall not be considered complete until Provider
notifies the County that the Right-of-Way restoration is complete and the Right-of-
Way is inspected and approved by the County Manager or designee for
compliance with the Right-of-Way Use Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Provider in writing that the Right-of-Way restoration is complete,
either: a) notify Provider in writing of his approval of the Right-of-Way restoration;
or b) notify Provider in writing of his refusal to approve the Right-of-Way
restoration, therewith specifying those conditions which Provider must fulfill in
order to obtain the County Manager's approval of the Right-of-Way restoration.
6. In the event Provider shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the Right-of-Way Use performance security to secure satisfactory
restoration, repair and maintenance of the Right-of-Way. The Board shall have the
right to remove abandoned facilities or facilities deems unsafe, pursuant to the
Page 1 of 2
EXHIBIT "A"
terms set forth in Ordinance No. 2017- and restore the right-of-way or cause
to be restored, pursuant to public advertisement and receipt and acceptance of
bids. The Provider, as principal under the right-of-way Use performance security,
shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of Provider
to fulfill all of the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Provider and the respective successors and assigns of Provider.
IN WITNESS WHEREOF, the Board and Provider have caused this Agreement to be
executed by their duly authorized representatives this day of
, 20
SIGNED IN THE PRESENCE OF: (Name of Entity)
By:
Printed Name
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
Printed Name
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 2 of 2
EXHIBIT "B"
PERFORMANCE BOND FOR WIRELESS FACILITIES ON COUNTY OWNED UTILITY POLES
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF PROVIDER)
(ADDRESS OF PROVIDER)
(hereinafter referred to as "Provider") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular
or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received
approval to locate wireless facilities on County owned Utility Poles and that approval includes
specific improvements which are required by Collier County Ordinances and Resolutions, and
Right-of-Way Permit No. (hereinafter "Right-of-Way Use Regulations").
This obligation of the Surety shall commence on the date this Bond is executed and shall continue
until Provider has removed all facilities from the County Right-of-Way and restored the County
Right-of-Way to its prior condition in accordance with the requirements of Ordinance No. 2017-
and the date of satisfactory final inspection by the County of the Right-of-Way
described in the Right-of-Way Permit pursuant to the Right-of-Way Use Regulations (hereinafter
the "Guaranty Period") or until replaced by a new bond in the event of a change in Ownership.
NOW, THEREFORE, if the Provider shall well, truly and faithfully perform its obligations
and duties in accordance with the Right-of-Way Use Regulations during the guaranty period
established by the County, and the Provider shall satisfy all claims and demands incurred and
shall fully indemnify and save harmless the County from and against all costs and damages which
it may suffer by reason of Provider's failure to do so, and shall reimburse and repay the County
all outlay and expense which the County may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice
of any such change, extension of time, alteration, addition or deletion to the proposed specific
Right-of-Way Use.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto, so as
EXHIBIT "B"
to bind the Provider and the Surety to the full and faithful performance in accordance with the
Right-of-Way Use Regulations. The term "Amendment,"wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , 20
WITNESSES: (Provider Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name
WITNESSES: (Surety Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
EXHIBIT "B"
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF , 20_, BY(NAME OF ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name