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AI- 2888   12. B. 11.    
BOC Regular
Meeting Date: 05/16/2019  
Approval of the MDOT Performance Resolution for Governmental Agencies
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Resolved, that the Calhoun County Board of Commissioners does approve the MDOT Performance Resolution for Governmental Agencies as presented.
RECOMMENDATION:
The Road Department, Community Development Department and Administration recommends approval of the resolution.
BACKGROUND:
The MDOT Performance Resolution for Govenmental Agencies, sometimes referred to as "the MDOT Permit Resolution," is a standard MDOT document that provides for standard terms and conditions of performance when MDOT issues a permit allowing Calhoun County to use, maintain utilities, construct a project within, or otherwise conduct some activity within an MDOT owned right of way. The agreement containes fairly standard boilerplate language concerning liability, indemnity, and confirmation that neither the County, nor our contractors, are acting on behalf of MDOT when conducting construction or other activities within MDOT's right of way.

The resolution identifies the titles of County Employees that are authorized to bind the County to MDOT's terms. After careful consideration, it was deteremined that it would be most appropriate to uses titles, rather than the names of specific persons, as possesing this authority.

While the terms are essentially not negotiable, it is also appropriate to point out that MDOT could certainly choose to incorporate these requirements directly into each permit that it issues. These standard terms create a significant degree of certainty when doing business with MDOT.

In addition to designating the Road Department Managing Director and most of the engineering staff and permit designees, we have also identified the Parks Department Program Manager as a permit designee, since that department has an independant need to seek MDOT permits, providing greater flexibility to the County. We have also verified with MDOT that submitting this Authorizing Resolution identifying authorized personnel by both title and department will allow the County the convenience of maintaining two unique profiles in the MDOT Permit Gateway, one for each department.
ALTERNATIVES:
None. Failure to adopt the resolution will likely result in denial of future MDOT permits.
SUMMARY:
The Road Department, Community Development Department and Administration recommend approval of the resolution concerning the MDOT Performance Resolution for Governmental Agencies.

Fiscal Impact
BUDGETARY IMPACT:
None. While necessary for the isuance of permits, the resolution itself does not create any cost, or permit the expenditure of funds not otherwise approved by the Board fo Commission.
Attachments
MDOT Permitting Resolution

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