(A) Before any communications services provider is permitted to begin the placement or maintenance of an initial build, any substantial rebuild, upgrade or extension of its communications system, or when construction plans show that there would be at least one thousand (1,000) feet of open trenching in the public rights-of-way at any given time, the communications services provider is required to obtain, pay for, and file with the city a performance bond. The performance bond must name the city as obligee and be in the face amount of two hundred fifty thousand dollars ($250,000) conditioned upon the full and faithful compliance by the communications services provider with all requirements, duties and obligations imposed by the provisions of the Palm Bay Communications Right-of-Way Utilization Ordinance during, and through completion of, the placement or maintenance project. The performance bond shall be in a form acceptable to the City Attorney and must be issued by a surety having a rating reasonably acceptable to the public works director or his designee and authorized by the Florida Department of Insurance to issue performance bonds in this state.
(B) The performance bond must be issued as non-cancelable and be for a term consistent with the reasonably expected duration of the particular placement or maintenance project (including restoration and city inspection), but in no event less than eighteen (18) months. In the event the term of any performance bond expires, or is reasonably expected to expire, prior to the completion of such placement or maintenance project, including restoration and city inspection, the communications services provider shall immediately obtain, pay for, and file with the city a replacement bond.
(C) The city's requirement of a performance bond is not in lieu of any additional bonds that may be required under this chapter or through the permitting process. The city's right to recover under the performance bond shall be in addition to all other rights of the city, whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the performance bond will affect or preclude any other right the city may have. Any proceeds recovered under the performance bond may be used to reimburse the city for such additional expenses as may be incurred by the city as a result of the communications services provider's failure to comply with the responsibilities imposed by this chapter, including, but not limited to, attorney's fees and costs of any action or proceeding, and the cost of removal or abandonment of any property.
(Ord. 2017-66, passed 10-3-17)