BOARD OF COMMISSIONERS FULL...2013/09/16 · BOARD OF COMMISSIONERS 9/16/2013 304 E Grand River, Board Chambers, Howell, Michigan 48843 7:30 PM € AGENDA € 1. € CALL MEETING

BOARD OF COMMISSIONERS9/16/2013

304 E Grand River, Board Chambers, Howell, Michigan 488437:30 PM

AGENDA

1. CALL MEETING TO ORDER2. PLEDGE OF ALLEGIANCE3. ROLL CALL4. CORRESPONDENCE5. CALL TO THE PUBLIC6.

APPROVAL OF MINUTES Meeting Minutes of: September 3, 2013 Meeting Minutes of: September 11, 2013

7. TABLED ITEMS FROM PREVIOUS MEETINGS8. APPROVAL OF AGENDA9.

REPORTS Certificate of Recognition - Sally Reynolds OLSHA Report - Erica Karfonta

10. APPROVAL OF CONSENT AGENDA ITEMS (Roll Call) A. Consent Agenda - Res. 2013-09-265 thru 2013-09-271

11. RESOLUTIONS FOR CONSIDERATION: A. Regular Agenda - Res. 2013-09-272 thru 2013-09-282

2013-09-265 CONSENT

Michigan Works RESOLUTION APPROVING THE FISCAL YEAR 2014 PARTNERSHIP, ACCOUNTABILITY, TRAINING AND HOPE (PATH) PLAN FOR THE DELIVERY OF JOB TRAINING SERVICES TO PUBLIC ASSISTANCE PARTICIPANTS

2013-09-266 CONSENT

Public Health RESOLUTION TO AUTHORIZE AGREEMENT FOR THE DELIVERY OF COMPREHENSIVE HEALTH SERVICES FOR THE PERIOD OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014

2013-09-267 CONSENT

Public Health RESOLUTION TO AUTHORIZE INTERGOVERNMENTAL TRANSFER TO THE STATE OF MICHIGAN - Department of Public Health / Health & Human Services Committee

2013-09-268 CONSENT

Human Resources RESOLUTION AUTHORIZING THE SIGNING OF AN UPDATED BUSINESS ASSOCIATE AGREEMENT BETWEEN LIVINGSTON COUNTY

AND ARCADIA BENEFITS, INC. IN COMPLIANCE WITH HIPAA AS AMENDED BY HITECH AND GINA

2013-09-269 CONSENT

Human Resources RESOLUTION APPROVING CHANGES TO THE COUNTY ADMINISTRATIVE PROCEDURE HIPAA-4 IN ORDER TO COMPLY WITH NEWLY RELEASED FEDERAL REGULATIONS

2013-09-270 CONSENT

Human Resources RESOLUTION AUTHORIZING THE SIGNING OF AN UPDATED BUSINESS ASSOCIATE AGREEMENT BETWEEN LIVINGSTON COUNTY AND BLUE CROSS BLUE SHIELD OF MICHIGAN IN COMPLIANCE WITH HIPAA AS AMENDED BY HITECH AND GINA

2013-09-271 CONSENT

Circuit Court RESOLUTION TO AMEND RESOLUTION 2012-11-302 TO ALLOW FOR EXTENSION AND AMENDMENT OF THE CONTRACT BETWEEN THE 53RD DISTRICT COURT AND LIVINGSTON COUNTY COMMUNITY MENTAL HEALTH FOR SERVICES TO INTENSIVE TREATMENT MENTAL HEALTH COURT PARTICIPANTS District COURT /FINANCE COMMITTEE / FULL BOARD

2013-09-272

Board of Commissioners RESOLUTION TO APPROVE APPOINTMENTS TO THE LENAWEE-LIVINGSTON-WASHTENAW SUBSTANCE ABUSE ADVISORY COMMITTEE- Board of Commissioners

2013-09-273

County Clerk RESOLUTION TO APPROVE THE HIRING OF A PART-TIME VITAL RECORDS CLERK-County Clerk

2013-09-274

Community Corrections RESOLUTION AUTHORIZING CREATION AND FILLING OF A PART TIME GRANT FUNDED PRETRIAL INVESTIGATOR - COMMUNITY CORRECTIONS

2013-09-275

Juvenile Court RESOLUTION AUTHORIZING SUBMISSION OF THE 2013/2014 CHILD CARE FUND BUDGET TO THE STATE OF MICHIGAN - 44TH CIRCUIT COURT-FAMILY DIVISION, JUVENILE UNIT

2013-09-276

Treasurer RESOLUTION TO AMEND COUNTY CASH POLICY RESOLUTION 601-185 - LIVINGSTON COUNTY TREASURER

2013-09-277

Treasurer RESOLUTION TO AMEND RESOLUTION 1201-428 - RESOLUTION TO ADOPT A COUNTY FIXED ASSET POLICY FOR LIVINGSTON COUNTY -

LIVINGSTON COUNTY

2013-09-278

Purchasing RESOLUTION TO AMEND RESOLUTION #801-261 TO ADOPT AN AMENDED PURCHASING POLICY AND PROCEDURES MANUAL FOR LIVINGSTON COUNTY – PURCHASING DEPARTMENT / FINANCE / BOARD

2013-09-279

Purchasing RESOLUTION TO AMEND RESOLUTION #404-100 TO ADOPT AN AMENDED CREDIT CARD POLICY FOR LIVINGSTON COUNTY -FINANCE DEPARTMENT

2013-09-280

Administration RESOLUTION TO AMEND THE COUNTY CLAIMS AND PAYABLYES POLICY RESOLUTION 2011-12-345 – COUNTY ADMINISTRATION

2013-09-281

Administration RESOLUTION TO AMEND THE COUNTY GRANT POLICY RESOLUTION 101-023 – COUNTY ADMINISTRATION

2013-09-282

Administration RESOLUTION TO ADOPT A BUDGET TRANSFER POLICY – COUNTY ADMINISTRATION

12. CALL TO THE PUBLIC13. ADJOURNMENT

NOTE: The Call to the Public appears twice on the Agenda:once at the beginning and once at the end. Anyone wishing to address the Board may do so at these times.

LIVINGSTON COUNTY BOARD OF COMMISSIONERSREGULAR MEETING, September 11, 2013COMMISSIONERS CHAMBERS, 304 E. Grand River, Howell, MI

The meeting was called to order by the Vice-Chairman, Steven Williams, at 11:10 a.m.

All rose for the Pledge of Allegiance.

Roll call by the Clerk indicated the presence of a quorum as follows:Present: Kate Lawrence (1), William Green (2), David Domas (3), Ronald VanHouten (4), Donald Parker (5), Steven Williams (6), Dennis Dolan (8), Gary Childs (9)Absent: Carol Griffith (7)Also present: Undersheriff Mike Murphy, Cindy Catanach (Finance), Belinda Peters (Administration), Margaret M. Dunleavy, Debbie Warden

Call To The Public. No response.

Agenda. It was moved by Commissioner Childs to accept the agenda as printed. Seconded by Commissioner Parker. MOTION CARRIED, 8-0-1 absent.

Claims. It was moved by Commissioner Parker to accept the finance committee’s recommendation for approval of claims dated September 11, 2013. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Payables. It was moved by Commissioner Parker to accept the finance committee’s recommendation for approval of payables August 29 through September 6, 2013. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Adjournment. It was moved by Commissioner VanHouten that the meeting be adjourned. Seconded by Commissioner Domas. MOTION CARRIED, 8-0-1 absent.

The meeting was adjourned at 11:12 a.m.

Margaret M. DunleavyLivingston County Clerk

LIVINGSTON COUNTY BOARD OF COMMISSIONERSREGULAR MEETING, September 3, 2013COMMISSIONERS CHAMBERS, 304 E. Grand River, Howell, MI

The meeting was called to order by the Chairperson, Carol Griffith, at 7:30 p.m.

All rose for the Pledge of Allegiance.

Roll call by the Clerk indicated the presence of a quorum as follows:

Present: Kate Lawrence (1), William Green (2), David Domas (3), Donald Parker (5), Steven Williams (6), Carol Griffith (7), Dennis Dolan (8), Gary Childs (9)Absent: Donald VanHouten (4)Also present: Dave Stoker (Counsel), Jim Duquet, (Courts), Rob Spaulding (Solid Waste), Doug Britz (L.E.T.S), Kevin Wilkinson, Jeff Boyd (Ambulance), Undersheriff Murphy, Lt. Mike Kinaschuk (Sheriff), Don Arbic (911), Carl Pardon (Veterans), Melissa Scharrer (Friend of Court), Cindy Catanach (Finance), Jennifer Palmbos (Human Resources), Belinda Peters (Administration), Margaret M. Dunleavy, Debbie Warden

Correspondence. It was moved by Commissioner Williams to accept the correspondence from Alger County and place on file. Seconded by Commissioner Dolan. MOTION CARRIED, 8-0-1 absent.

Call To The Public. No response.

Minutes. It was moved by Commissioner Dolan that the regularly scheduled meetings of August 19th

and 28th, 2013 be approved, as printed. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Tabled Items. None.

Agenda. It was moved by Commissioner Williams to approve the agenda, as printed. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Reports. It was moved by Commissioner Williams to accept and place on file the Livingston County Department of Veterans Affairs Annual Report for 2012. Seconded by Commissioner Childs. MOTION CARRIED, 8-0-1 absent. Commissioner Domas thanked Carl Pardon for all his department does for veterans.

Consent Agenda. Commission Lawrence presented the consent agenda and adopted each as follows:

Resolution No. 2013-09-236, Resolution Authorizing The Installation Of An Emergency Power Supply For The Unadilla Township Fire Department-Central Dispatch

Resolution No. 2013-09-237, Resolution Authorizing The Replacement Of Low-Strand-Count Fiber Optic Cable Along Merrill Road-Central Dispatch

Resolution No. 2013-09-238, Resolution Authorizing The Installation Of An Emergency Power Supply For The Pinckney Police Department-Central Dispatch

Resolution No. 2013-09-239, Resolution Authorizing The Purchase Of Knox Boxes For Emergency Access To Livingston County Schools-Central Dispatch

Resolution No. 2013-09-240, Resolution Authorizing The Purchase Of Tactical Body Armor For The Brighton-Hamburg Tactical Team-Central Dispatch

Resolution No. 2013-09-241, Resolution Authorizing The Purchase Of Air Monitoring Devices For Livingston County Fire Departments-Central Dispatch

Resolution No. 2013-09-242, Resolution Authorizing The Purchase Of Spotting Scope Night Vision Surveillance Systems For The Sheriff Department Tactical Team-Central Dispatch

Resolution No. 2013-09-243, Resolution Authorizing The Purchase Of Replacement 800 MHZ Public Safety Radios-Central Dispatch

Resolution No. 2013-09-244, Resolution Authorizing A 9-1-1 Telephone System Maintenance Service Contract-Central Dispatch

Resolution No. 2013-09-245, Resolution Authorizing The Sheriff Department And The County Of Livingston To Apply For And Enter Into Contract With The State Of Michigan Office Of Highway Safety Planning For Fiscal Year 2014 Secondary Road Patrol And Traffic Accident Prevention Program Grant-Sheriff

Resolution No. 2013-09-246, Resolution To Approve The Purchase Of A Robotic Total Station For The Livingston County Traffic Safety Bureau-Sheriff

Resolution No. 2013-09-247, Resolution Amending The Livingston County Definition Of A Dependent For Medical, Dental And Vision Plans-Human Resources

Resolution No. 2013-09-248, Resolution Authorizing The Signing Of An Updated Business Associate Agreement Between Livingston County And Brown And Brown Of Central Michigan IN Compliance With HIPAA As Amended By The Hitech Act-Human Resources

Resolution No. 2013-09-249, Resolution Authorizing The Signing Of An Amendment To The Blue Cross Blue Shield Of Michigan Administrative Services Contract-Human Resources

Resolution No. 2013-09-250, Resolution Recommending Consistency With The Livingston County Solid Waste Management Plan For A Type B Transfer Station In Oceola Township-Solid Waste Management

Resolution No. 2013-09-251, Resolution To Concur With The Livingston County Aeronautical Facilities Board To Enter Into An Office Lease Agreement With Suburban Aviation For Office Space In The Airport Terminal Building-Airport

Seconded by Commissioner Green. Roll call vote: Ayes: Lawrence, Green, Domas, Parker, Williams, Griffith, Dolan, Childs; Nays; None; Absent: VanHouten. MOTION CARRIED, 8-0-1 absent.

Commissioner Williams presented Resolution No. 2013-09-252, Resolution To Concur With The Livingston County Department Of Veteran Affairs Committee Regarding Veterans Counselor Staffing-Veterans, and moved its adoption. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Commissioner Childs presented Resolution No. 2013-09-253, Resolution To Appoint Public Sector Members To The Livingston County Workforce Development Council-Michigan Works! Seconded by Commissioner Green. MOTION CARRIED, 8-0-1 absent.

Commissioner Lawrence presented Resolution No. 2013-09-254, Resolution To Authorize Request To Use County Grounds For An IRS Public Auction-Facility Services. Seconded by Commissioner Dolan. MOTION CARRIED, 8-0-1 absent.

Commissioner Dolan presented Resolution No. 2013-09-255, Resolution Authorizing Just Culture Training Expenditure For Livingston County Management Staff-Emergency Medical Services. Seconded by Commissioner Williams. MOTION CARRIED, 7-1-1 absent. (Domas: Nay) *Later in the meeting Commissioner Parker stated that he had made a mistake and asked to change his vote to nay. MOTION CARRIED, 6-2-1 absent.

Commissioner Lawrence presented Resolution No. 2013-09-256, Resolution Approving The Filling Of A Full Time Account Assistant Position-Administration, and moved its adoption. Seconded by Commissioner Childs. MOTION CARRIED, 8-0-1 absent.

Commissioner Domas presented Resolution No. 2013-09-257, Resolution Authorizing The Promotion Of Sergeant To Acting Lieutenant-Sheriff, and moved its adoption. Seconded by Commissioner Lawrence. MOTION CARRIED, 8-0-1 absent.

Commissioner Lawrence presented Resolution No. 2013-09-258, Resolution Authorizing Out-Of-State Travel And Training For A Supervisor To Attend Computer Aided Dispatch System Administrator Training-Central Dispatch, and moved its adoption. Seconded by Commissioner Williams. MOTON CARRIED, 8-0-1 absent.

Commissioner Dolan presented Resolution No. 2013-09-259, Resolution Authorizing An Amendment To The 911 Central Dispatch 2013 Budget- Central Dispatch, and moved its adoption. Seconded by Commissioner Childs. MOTION CARRIED, 8-0-1 absent.

Commissioner Domas presented Resolution No. 2013-09-260, Resolution Authorizing An Amendment To The 911 Central Dispatch 2013 Budget-Central Dispatch, and moved its adoption. Seconded by Commissioner Dolan. MOTION CARRIED, 8-0-1 absent.

Commissioner Domas presented Resolution No. 2013-09-261, Resolution Approving The Modification Of The Contract For Guardianship Review Services Between The Livingston County Probate Court and Eunice Kallio-Probate Court, and moved its adoption. Seconded by Commissioner Childs. MOTION CARRIED, 8-0-1 absent.

Commissioner Green presented Resolution No. 2013-09-262, Resolution Approving Part-Time Conciliator Position In The Friend Of The Court-Friend of the Court, and moved its adoption. Seconded by Commissioner Domas. MOTION CARRIED, 8-0-1 absent.

Commissioner Williams presented Resolution No. 2013-09-263, Resolution To Amend Resolution Number 2013-07-196 Authorizing Capital Expenditure And Issuance Of A Purchase Order For The Purchase Of Bus Camera Systems And To Amend The L.E.T.S. Fiscal Year 2013 Budget-L.E.T.S., and moved its adoption. Seconded by Commissioner Dolan. MOTION CARRIED, 8-0-1 absent.

Commissioner Dolan presented Resolution No. 2013-09-264, Resolution Authorizing The L.E.T.S. Director To Sponsor People’s Express Of Whitmore Lake, MI. For The Purpose Of Applying For Grant Funds To Purchase One (1) Less Than 35 Foot Bus From A Federal Transit Administration Capital Congestion Mitigation And Air Quality (CMAQ) And Authorize A Contract Between The Livingston County Board Of Commissioners And MDOT For The Expenditure Of Funds For The Purchase Of One (1) Less Than 35 Foot Bus And To Amend The L.E.T.S. Fiscal Year 2013 Budget-L.E.T.S., and moved its adoption. Seconded by Commissioner Williams. MOTION CARRIED, 8-0-1 absent.

Call To The Public. At this time, Commissioner Parker apologized to the Clerk and to the Board and stated he had made a mistake and asked that his vote be changed on Resolution No. 2013-09-255 to reflect a nay vote.

Adjournment. It was moved by Commissioner Williams that the meeting be adjourned. Seconded by Commissioner Childs. MOTION CARRIED, 8-0-1 absent.

The meeting was adjourned at 7:46 p.m.

Margaret M. DunleavyLivingston County Clerk

RESOLUTION NO: 2013-09-265

LIVINGSTON COUNTY DATE: September 16, 2013

RESOLUTION APPROVING THE FISCAL YEAR 2014 PARTNERSHIP, ACCOUNTABILITY, TRAINING AND HOPE (PATH) PLAN FOR THE DELIVERY OF JOB TRAINING SERVICES TO PUBLIC ASSISTANCE PARTICIPANTS IN LIVINGSTON COUNTY.

WHEREAS, The PATH Program was established as a way for assisting welfare applicants/recipients and low-wage workers in addressing employment barriers and succeeding in the labor market, and;

WHEREAS, The emphasis of the program is on helping welfare applicants/recipients and other at-risk workers address employment barriers, stay employed, gain skills, and advance in their professions rather than only emphasizing initial placement; and

WHEREAS, The PATH Program is a partnership Michigan Works! agencies (MWAs), Michigan Department of Human Services (DHS), and Workforce Development Agency, State of Michigan (WDASOM) to connect Michigan’s families with the kind of employability services that will help them achieve self-sufficiency and meet the workforce and skill needs of Michigan’s businesses; and

WHEREAS, The WDASOM requires that MWAs develop plans for submission to WDASOM to address PATH activities for the period October 1, 2013, through September 30, 2014; and

WHEREAS, The estimated plan budget amount for Livingston County is $204,875 ($163,466 from TANF and $41,409 from General Fund/General purpose); and

WHEREAS, The WDASOM requires that the Workforce Development Council and the local elected officials approve the local PATH plan; and

WHEREAS, At their meeting on September 4, 2013, the Job Seeker Services Committee of the Workforce Development Council will review the plan; and

WHEREAS, At their meeting on September 12, 2013, the Executive Committee of the workforce Development Council will review the plan.

NOW THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby approves the FY 2014 PATH Plan in the amount of $204,875 for the period of October 1, 2013 to September 30, 2014.

BE IT FURTHER RESOLVED that the Chair of the Board of Commissioners is authorized to sign said plan for submission to the Workforce Development Agency, State of Michigan

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum

To: Livingston County Board of Commissioners

From: Bill Sleight, Director, Livingston County Michigan Works!

Date: 8/16/2013

Re:RESOLUTION APPROVING THE FISCAL YEAR 2014 PARTNERSHIP, ACCOUNTABILITY, TRAINING AND HOPE (PATH) PLAN FOR THE DELIVERY OF JOB TRAINING SERVICES TO PUBLIC ASSISTANCE PARTICIPANTS

The Partnership, Accountability, Training and Hope (PATH) program was implemented in early 2013 to replace the Jobs, Education and Training (JET) program. The goal of PATH is to assist welfare applicants/recipients and low-wage workers succeed in the labor market. PATH places a strong emphasis on helping welfare applicants/recipients and other at-risk workers address employment barriers, stay employed, learn job skills and advance in their professions rather than only emphasizing initial placement.

The PATH Program is a partnership between Michigan Works Agencies (MWAs) and the Michigan Department of Human Services (DHS) to connect Michigan’s families with the kind of employability services that will help them achieve self-sufficiency and meet the workforce and skill needs of Michigan’s businesses.

The State of Michigan has implemented a 21-day Application Eligibility Period (AEP) which would require participants to participate in the PATH program for 21 days before their cases are processed. The goal of this approach is to provide Michigan Works! agencies with more time to evaluate, assess and prepare participants to attain employment and meet Federal Work Participation requirements.

The Workforce Development Agency, State of Michigan requires that MWAs and local DHS offices develop plans to address PATH activities for the period October 1, 2013, through September 30, 2014. The initial FY 2014 PATH allocation is funded by two different funding sources: Federal Temporary Assistance for Needy Families (TANF) and State General Fund/General Purpose (GF/GP) funds. Funding from these two sources is allocated by formula to Workforce Development Boards (WDBs) to operate the PATH program through the MWAs. Preliminary funding for our area from the two funding streams is as follows:

Federal Temporary Assistance for Needy Families (TANF) $163,466

LIVINGSTON COUNTY, MICHIGANLIVINGSTON COUNTY MICHIGAN WORKS!

1240 Packard Dr Howell, MIPhone 517-552-2100 Fax 517-546-2353

Web Site: www.lcmw.org

State General Fund/General Purpose (GF/GP) $ 41,409

TOTAL $204,875

Our program budget for last year was $225,068. This would mark a decrease of $20,193 for the FY 2014, due to a change in the allocation formula that the State uses. All of the above allocations may be subject to change. We estimate that we will serve approximately 100 individuals in the program. The FY 2014 PATH Plan must be approved by both the Workforce Development Council and the Livingston County Board of Commissioners. The Job Seeker Service Committee will review the plan at their meeting on September 4, 2013 and the Executive Committee will review the plan at their meeting on September 12, 2013.

If you have any questions regarding this matter please contact me.



RESOLUTION TO AUTHORIZE AGREEMENT FOR DELIVERY OF COMPREHENSIVE HEALTH SERVICES FOR THE PERIOD OF 10/1/13 THROUGH 9/30/14 - Health Department

WHEREAS, the Livingston County Department of Public Health has determined a need for provision of the delivery of comprehensive health services; and

WHEREAS, these services are basic, required and allowable health services under Act 368 Public Acts of 1978, and individual categorical contractual services; and

WHEREAS, the Michigan Department of Community Health provides a contractual relationship to partially reimburse Livingston County for the following health services which represent an initial appropriation that may be revised by future amendment:

Essential Local Public Health Services .................................................................... $675,522Women, Infants & Children .................................................................................... 331,930Women, Infants & Children Breastfeeding ………………………………………….. 20,734Maternal & Child Health ........................................................................................ 39,490Vaccine Quality Assurance ..................................................................................... 10,711Immunization IAP.................................................................................................. 78,820Immunization Field Rep……………………………………………………………….. 5,000Children’s Special Health Care Services (CSHCS) ................................................... 80,000TB Control ……………………………………………………………………………. 100Bioterrorism Emergency Preparedness .................................................................... 100,857Bioterrorism Cities Readiness Initiatives ................................................................ 45,000Bioterrorism Regional EPI Support ................................................................... … 3,750

TOTAL ...................... $1,391,914

WHEREAS, the Michigan Department of Community Health may propose future amendments for the purpose of revising the funding or terms of the Agreement.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby authorizes an Agreement with the Michigan Department of Community Health for the delivery of comprehensive health services in Livingston County during the period of October 1, 2013 through September 30, 2014, upon review by civil counsel.

BE IT FURTHER RESOLVED that $1,391,914 shall be allocated to the Health Fund Account 221 to support the provisions of the Comprehensive Health Services Agreement authorized herein.

BE IT FURTHER RESOLVED that future amendments for monetary and contract language adjustments of the above-referenced Agreement be authorized upon review by Civil Counsel.

BE IT FURTHER RESOLVED that any deletions or additions of programs shall require Board approval.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: Ted Westmeier

Date: August 28, 2013

Re: RESOLUTION TO AUTHORIZE AGREEMENT FOR THE

DELIVERY OF COMPREHENSIVE HEALTH SERVICES FOR

THE PERIOD OF OCTOBER 1, 2013 THROUGH

SEPTEMBER 30, 2014

The attached resolution establishes continuation of the agreement with the Michigan Department of Community health for the delivery of comprehensive health services. The MDCH provides funding to partially reimburse the county for services covered in the agreement. This resolution establishes the agreement for the period October 1, 2013 through September 30, 2014.

If you have any questions regarding this matter please contact me at (517) 552-6801.

LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF PUBLIC HEALTH



RESOLUTION TO AUTHORIZE INTERGOVERNMENTAL TRANSFER TO THE STATE OF MICHIGAN - Department of Public Health / Health & Human Services Committee

WHEREAS, the County of Livingston is committed to supporting programs that provide access to appropriate health care services for low-income residents of Livingston County; and

WHEREAS, the Federal government has approved Michigan’s Medicaid State Plan Amendment TN No. 05-13, effective June 1, 2006, which creates an “Indigent Care Agreements Pool” for hospitals qualifying for Medicaid Disproportionate share (“DSH”) payments to receive DSH payments under the Indigent Care Agreements Pool so long as: (a) the hospital has an Indigent Care Agreement with a local health care entity, such as Ingham Health Plan Corporation d/b/a Livingston Health Plan; and (b) the Indigent Care Agreement stipulates that direct or indirect health care services be provided to low-income patients with special needs who are not covered under other public or private health care programs; and

WHEREAS, Ingham Health Plan Corporation d/b/a Livingston Health Plan’s purposes include promoting, organizing, managing and administering programs to create a system for providing or arranging and paying for health care services in a cost effective manner for persons unable to pay for such health care services; and

WHEREAS, Ingham Health Plan Corporation d/b/a/ Livingston Health Plan has entered into an Indigent Care Agreement with one or more qualifying hospital(s), requiring Ingham Health Plan Corporation d/b/a/ Livingston Health Plan to directly or indirectly operate a program of arranging and paying for health care to low-income individuals with special needs who are not covered under other public or private health care programs and who are unable to pay for such services; and

WHEREAS, both the Federal government and the State of Michigan participate in the financing of the Indigent Care Agreements Pool, with the Federal government matching the State’s portion pursuant to the Federal medical assistance percentage formula; and

WHEREAS, certain intergovernmental transfers of public funds from Livingston County may be made to the State of Michigan to be used as the State’s share in claiming the Federal match.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby authorizes the

County Treasurer and the Financial Officer to implement intergovernmental transfer up to

$140,000, to the State of Michigan for the purpose of participating in the financing of the non-

federal share of DSH payments made under the Indigent Care Agreements Pool to be paid to

qualifying hospitals who have signed Indigent Care Agreements with Ingham Health Plan

Corporation d/b/a Livingston Health Plan, so long as Ingham Health Plan Corporation d/b/a

Livingston Health Plan maintains a current Indigent Care Agreements with those hospital(s).

BE IT FURTHER RESOLVED that the intergovernmental transfer is authorized once the following condition is in

place: The Ingham Health Plan Corporation d/b/a Livingston Health Plan has an Indigent Care

Agreement currently in effect with one or more qualifying hospital(s).

BE IT FURTHER RESOLVED that this Resolution shall be effective as of October 1, 2013 through December 31,

2013.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: Ted Westmeier

Date: September 4, 2013

Re: Resolution to Authorize Intergovernmental Transfer to the State of Michigan

For the past nine years the Livingston County Board of Commissioners approved sending an intergovernmental transfer of up to $500,000 annually to the State of Michigan to support the Michigan Medicaid Disproportionate Share Hospital (DSH) payments supported by the Indigent Care Agreements between hospitals and the Livingston Health Plan. This resolution requests an amount up to $140,000 to cover only the October thru December 2013 quarterly amount. If the DSH payments are still in place past January 1, 2014 and the expanded Medicaid program is not in effect by January 1, 2014 there might be additional requests going forward.

There are currently 1050 individuals enrolled in the Livingston Health Plan under Parts A and B. Those enrolled in Part A will be transferred to Medicaid this fall. The vast majority of those in Part B, which qualify if they are at or below 150% poverty, will be eligible for Medicaid once it becomes available. Plan B provides some basic care but Medicaid will provide a more comprehensive and inclusive coverage.

The Livingston Health plan is a d/b/a under the Ingham Health Plan. There is an advisory committee that provides direction and recommendations as to coverage, limitation, enrollment, etc. Belinda Peters and I are both members of the advisory committee.

If you have any questions regarding this matter, please contact me.

LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF PUBLIC HEALTH

Web Site: co.livingston.mi.us



RESOLUTION AUTHORIZING THE SIGNING OF AN UPDATED BUSINESS ASSOCIATE AGREEMENT BETWEEN LIVINGSTON COUNTY AND ARCADIA BENEFITS, INC. IN COMPLIANCE WITH HIPAA AS AMENDED BY HITECH AND GINA –Human Resources / Finance / Full Board

WHEREAS, Livingston County contracts with Arcadia Benefits Group, Inc. to provide the administration of flexible spending accounts for health and dependent care reimbursements as allowed by the IRS; and

WHEREAS, an updated Business Associate Agreement is needed in light of changes in federal Health Information Technology for Economic and Clinical Health (HITECH) Act and the Genetic Information Nondiscrimination Act ("GINA"), which amend HIPAA; and

WHEREAS, as our flexible spending account administrator, Arcadia Benefits Group, Inc., is required to operate in accordance with the enhanced privacy and security guidelines in regard to protected health information; and

WHEREAS, Arcadia Benefits Group, Inc. has provided Livingston County with an updated Business Associate Agreement reflecting the required provisions under the HITECH Act and GINA.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby

authorizes the Board Chair to sign the updated Business Associate Agreement with

Arcadia Benefits Group, Inc., as well as any and all related documents upon review of

civil counsel, to ensure compliance with HIPAA as amended by the HITECH Act and

GINA.

# # #

MOVED: SECONDED: CARRIED:



RESOLUTION APPROVING CHANGES TO THE COUNTY ADMINISTRATIVE PROCEDURE HIPAA-4 IN ORDER TO COMPLY WITH NEWLY RELEASEDFEDERAL REGULATIONS – HUMAN RESOURCES

WHEREAS, Livingston County (the “County”) is committed to compliance with all applicable laws and regulations relating to data privacy and security, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”); and

WHEREAS, on January 17, 2013, the Department of Health and Human Services released final regulations which provided sweeping changes to requirements of the Health Insurance Portability and Accountability Act ("HIPAA"), the Health Information Technology for Economic Health ("HITECH") and Genetic Information Nondiscrimination Act ("GINA"). Employer group health plans and business associates are required to comply with the regulations by September 23, 2013; and

WHEREAS, the Board has previously approved a series of four administrative procedures for those Departments/Offices of the County which have access to PHI to assure compliance with HIPAA; and

WHEREAS, civil counsel has recommended amendments to one of the administrative procedures, HIPAA-4, in order to remain compliant with federal law.

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves implementation of the amended administrative procedure HIPAA-4, as recommended by civil counsel to comply with HIPAA requirements for hybrid entities.

# # #

MOVED:

SECONDED:

CARRIED:

Page 1 of 7 – HIPAA-4 – Breach Notification

LIVINGSTON COUNTYADMINISTRATIVE PROCEDURE HIPAA-4

SUBJECT: Breach Notification for Unsecured Protected Health Information

ORGANIZATION Information Technology Security ManagerRESPONSIBLE: Office of Information Technology

DATE:

DEPARTMENTS/OFFICESAFFECTED:

Livingston County Health Department (Personal Health Division but excluding the Environmental Health Division);

Livingston County Emergency Medical Services Department;Livingston County Sheriff’s Office, Jail Division;Livingston County Human Resources Department (Employee Health Benefits);The Livingston County Information Technology Department; Livingston County Dispatch Center, to the extent that it transmits PHI to and receives PHI from Livingston County Emergency Medical Services Department

OTHER FORMS: Attachment A: Risk Assessment QuestionsAttachment B: Breach Notification Requirements

____________________________________________________________________________

A. DEFINITIONS

Unsecured Protected Health Information: PHI that, if in electronic form is not encrypted, and PHI that if in paper form or recycled electronic form (i.e. discs) is not shredded or otherwise destroyed.

Breach: the unauthorized acquisition, access, use or disclosure of protected health information (PHI) in any form or medium, including electronic, paper or oral form which compromises the security or privacy of such information.

Unauthorized acquisition: acquisition, access, use or disclosure of PHI that is impermissible under the HIPAA Privacy Rule.

B. POLICY

The HIPAA covered components in Livingston County as identified by Resolution ___________ and their business associates are subject to the breach notification provision included in the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, part of the American Recovery and Reinvestment Act of 2009 (“ARRA”). The HIPAA covered components in Livingston County are:


1. (Livingston County Health Department (Personal Health Division but excluding the Environmental Health Division);

2. Livingston County Emergency Medical Services Department; 3. Livingston County Sheriff’s Office, Jail Division to the extent that it provides

medical care services to inmates and transmits to and receives PHI; 4. Livingston County Human Resources Department (Employee Health Benefits) to

the extent that it operates the County self-funded health insurance; 5. Livingston County Dispatch Center, to the extent that it transmits PHI to and

receives PHI from Livingston County Emergency Medical Services Department; and,

6. Livingston County Information Technology Department;

The HIPAA Covered Components will comply with the following notification procedures in the event of a breach of Unsecured Protected Health Information regardless of whether the breach is of information maintained by the County, or information provided to and maintained by a Business Associate on behalf of the County.

C. PROCEDURES

Responsible Person Procedure

All Staff When a workforce member (employee, contractor, student, resident or volunteer) becomes aware of a breach or potential breach of PHI as defined above, he/she will IMMEDIATELY notify the department's Privacy/Security Official.

If a workforce member (employee, contractor, student, resident or volunteer) receives a complaint alleging a potential breach of PHI as defined above, he/she will IMMEDIATELY notify the department’s Privacy Official and notify the County Privacy Officer.

Department/Office 1. Upon report of an actual or potential breach of Privacy/Security Official PHI, the Department/Office Privacy/Security

shall undertake required notification except when, after undertaking a good faith risk assessment, the County Privacy Officer and the Department Head or Elected Official concludes and establishes that:- there a “low probability” of compromise of the PHI; or

- One of the existing exceptions to the definition of the breach applies (i.e., unintentional good faith acquisition, access, or use of PHI by a workforce


member; inadvertent disclosure between two individuals who are otherwise authorized to access the PHI; or disclosure to an unauthorized person who would not reasonably have been able to retain such information).

2. If the risk assessment indicates that a reportable breach occurred, inform the County Privacy Officer and the Department Head or Elected Official where the breach occurred that an investigation of the cause and scope of the breach must occur and that timely notice must be sent to the clients or other individuals involved.

Department Head or Elected 1. Immediately begin an investigation into the scopeOfficial or designee of the covered and cause of the breach.

entity where the breach occurred2. Working with the Department/Office's

Privacy/Security Official, the County Privacy Officer, and the County Attorney, develop the breach notification letter that must be sent to each individual (or parent/guardian) whose unsecured protected health information has been, or is reasonably believed to have been, accessed, acquired, used, or disclosed as a result of such breach.

3. Breach notification letters must be sent without unreasonable delay and in no case later than 60 calendar days after the date the breach was discovered:

a. The Department Head/Elected Official or designee may take a reasonable time toinvestigate the circumstances surrounding the breach, in order to collect and develop the information that is required to be included in the notice to the individual.

b. The Department Head/Elected Official or designee is expected to notify individuals as soon as reasonably possible. The required information may be provided in multiple mailings as the information becomes available


c. The breach notification must be sent via first class mail and must contain the elements contained in Attachment B.

d. Notice by telephone or other means may be made, in addition to written notice, in cases deemed by the covered entity Department/Office to require urgency because of possible imminent misuse of unsecured protected health information.

e. If the covered entity Department/Officeknows that some of the affected individuals are deceased and also knows the address of the next of kin or personal representative of the descendent, the notice must be provided to the next of kin or personal representative.

4. If the covered entity Department/Office does not have sufficient contact information for some or all of the affected individuals, or if some notices are returned as undeliverable, a substitute notice must be provided for the unreachable individuals. The substitute notice should be provided as soon as reasonably possible after the covered entity Department/Office is aware that it has insufficient or out-of-date contact information for one or more affected individuals. The substitute form of notice must be reasonably calculated to reach the individuals for whom it is being provided.

a. If there are fewer than 10 individuals for whom the covered entity Department/Office has insufficient or out-of-date contact information to provide the written notice, the covered entity Department/Office may provide substitute notice to such individuals through an alternative form of written notice (e- mail), by telephone or other means. Alternatively, posting a notice on the covered entity Department/Office’s web site may be appropriate if the covered entity Department/Office lacks any current contact information for the individuals.


b. If the covered entity Department/Office has insufficient or out-of-date contact information for 10 or more individuals,then the covered entity Department/Office must provide substitute notice through either a conspicuous posting for a period of 90 days on the home page of its web site or conspicuous notice in major print or broadcast media in geographic areas where the individuals affected by the breach likely reside.

c. Substitute notice through the website or media for 10 or more individuals requires the covered entity Department/Office to have a toll-free phone number, active for 90 days, where an individual can learnwhether the individual's unsecured protected health information may be included in the breach and include the number in the notice.

d. If the breach of unsecured PHI affected more than 500 individuals, the notice must also be provided to prominent mediaoutlets serving the County in the form of a press release.

County Privacy 1. All breaches of unsecured PHI must be reported to Officer the Secretary of Health and Human Services

(HHS) in a manner specified on the HHS website.

a. For breaches involving 500 or more individuals, the report must be made immediately (concurrent to the notification sent to the individual).

b. For breaches involving less than 500 individuals, a log of such breaches must be maintained and submitted annually no laterthan 60 days after the end of each calendar year. The log and other documentation related to the breach (i.e. risk assessment and breach notification letter) must be maintained for six years.


Attachment A

Risk Assessment

Questions to be asked:

1) Did the use or disclosure violate the Privacy Rule?

2) Determine the nature and extent of the PHI involved (i.e., types of identifiers, likelihood of re-identification, and the amount of data and its sensitivity); the type of unauthorizedperson who used the PHI or to whom the data was disclosed; whether the PHI was actually acquired or viewed; and the extent to which risk to the PHI has been mitigated.

3) Did the PHI go to another covered entity? If yes, did the covered entity Department/Office obtain satisfactory assurances from the recipient that the PHI will not be further used or disclosed or will be destroyed?If yes, no breach has occurred and notification is not required.

4) Was the PHI returned prior to it being accessed for an improper purpose? (i.e. laptopstolen and recovered with a forensic analysis that shows that its information was not opened, altered, transferred, or otherwise compromised.)

5) Was the disclosure:

a. An unintentional acquisition, access, or use of PHI by a workforce member; or

b. An inadvertent disclosure of PHI from an individual in the HIPAA covered entity authorized to access PHI to another individual in the HIPAA covered entity authorized to access PHI; or

c. An unauthorized disclosure in which an unauthorized person to whom PHI is disclosed would not reasonably have been able to retain the information? (i.e. returned, unopened mail delivered to wrong address; paper with PHI handed to wrong individual and immediately recovered)

6) Did the client make Livingston County or the covered entity Department/Office aware of the disclosure? If yes, notification is not required, unless there is reason to believe that additional disclosures were made at the same time. If so, notification is required.


Attachment BBreach Notification Requirements

1) A brief description of what happened, including the date of the breach and the date ofthe discovery of the breach, if known.

2) A description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, homeaddress, account number, diagnosis, disability code, or other types of information were involved).

3) Any steps individuals should take to protect themselves from potential harm resultingfrom the breach (i.e. contact credit card company and/or credit bureau);

4) A brief description of what the covered entity is doing to investigate the breach, to mitigate harm to individuals (i.e. filing a police report if indicated), and to protect against any further breaches (i.e. steps being taken to improve security).

5) Contact procedures for individuals to ask questions or learn additional information, which must include a toll-free telephone number, an e-mail address, web site, or postal address.

6) The notification must be written in plain language at an appropriate reading level, using clear language and syntax.

7) The notification should be translated for limited English proficient persons as needed.

8) The notification should be made available in alternate formats, such as Braille, large print, or audio as needed.

N:\Client\Livingston\Policies\HIPPA-4 - Breach Notification.doc


LIVINGSTON COUNTYADMINISTRATIVE PROCEDURE HIPAA-4

SUBJECT: Breach Notification for Unsecured Protected Health Information

ORGANIZATION Information Technology Security ManagerRESPONSIBLE: Office of Information Technology

DATE:

DEPARTMENTS/OFFICESAFFECTED:

Livingston County Health Department (Personal Health Division but excluding the Environmental Health Division);

Livingston County Emergency Medical Services Department;Livingston County Sheriff’s Office, Jail Division;Livingston County Human Resources Department (Employee Health Benefits);The Livingston County Information Technology Department; Livingston County Dispatch Center, to the extent that it transmits PHI to and receives PHI from Livingston County Emergency Medical Services Department

OTHER FORMS: Attachment A: Risk Assessment QuestionsAttachment B: Breach Notification Requirements

____________________________________________________________________________

A. DEFINITIONS

Unsecured Protected Health Information: PHI that, if in electronic form is not encrypted, and PHI that if in paper form or recycled electronic form (i.e. discs) is not shredded or otherwise destroyed.

Breach: the unauthorized acquisition, access, use or disclosure of protected health information (PHI) in any form or medium, including electronic, paper or oral form which compromises the security or privacy of such information (poses a significant risk of financial, reputational or other harm to the individual).

Unauthorized acquisition: acquisition, access, use or disclosure of PHI that is impermissible under the HIPAA Privacy Rule.

B. POLICY

The HIPAA covered components in Livingston County as identified by Resolution ___________ and their business associates are subject to the breach notification provision included in the Health Information Technology for Economic and Clinical Health (“HITECH”)


Act, part of the American Recovery and Reinvestment Act of 2009 (“ARRA”). The HIPAA covered components in Livingston County are:

1. (Livingston County Health Department (Personal Health Division but excluding the Environmental Health Division);

2. Livingston County Emergency Medical Services Department; 3. Livingston County Sheriff’s Office, Jail Division to the extent that it provides

medical care services to inmates and transmits to and receives PHI; 4. Livingston County Human Resources Department (Employee Health Benefits) to

the extent that it operates the County self-funded health insurance; 5. Livingston County Dispatch Center, to the extent that it transmits PHI to and

receives PHI from Livingston County Emergency Medical Services Department; and,

6. Livingston County Information Technology Department;

The HIPAA Covered Components will comply with the following notification procedures in the event of a breach of Unsecured Protected Health Information regardless of whether the breach is of information maintained by the County, or information provided to and maintained by a Business Associate on behalf of the County.

C. PROCEDURES

Responsible Person Procedure

All Staff When a workforce member (employee, contractor, student, resident or volunteer) becomes aware of a breach or potential breach of PHI as defined above, he/she will IMMEDIATELY notify the department's Privacy/Security Official.

If a workforce member (employee, contractor, student, resident or volunteer) receives a complaint alleging a potential breach of PHI as defined above, he/she will IMMEDIATELY notify the department’s Privacy Official and notify the County Privacy Officer.

Department/Office 1. Upon report of an actual or potential breach of Privacy/Security Official PHI, the Department/Office Privacy/Security

conduct a risk assessment of the potentialfinancial, reputational or other harm to theindividual. See Attachment A for risk assessmenttool. shall undertake required notificationexcept when, after undertaking a good faith risk assessment, the County Privacy Officer and the Department Head or Elected Officialconcludes and establishes that:


- there a “low probability” of compromise of the PHI; or

- One of the existing exceptions to the definition of the breach applies (i.e., unintentional good faith acquisition, access, or use of PHI by a workforce member; inadvertent disclosure between two individuals who are otherwise authorized to access the PHI; or disclosure to an unauthorized person who would not reasonably have been able to retain such information).

2. If the risk assessment indicates that a reportable breach occurred, inform the County Privacy Officer and the Department Head or Elected Official where the breach occurred that an investigation of the cause and scope of the breach must occur and that timely notice must be sent to the clients or other individuals involved.

Department Head or Elected 1. Immediately begin an investigation into the scopeOfficial or designee of the covered and cause of the breach.

entity where the breach occurred2. Working with the Department/Office's

Privacy/Security Official, the County Privacy Officer, and the County Attorney, develop the breach notification letter that must be sent to each individual (or parent/guardian) whose unsecured protected health information has been, or is reasonably believed to have been, accessed, acquired, used, or disclosed as a result of such breach.

3. Breach notification letters must be sent without unreasonable delay and in no case later than 60 calendar days after the date the breach was discovered:

a. The Department Head/Elected Official or designee may take a reasonable time toinvestigate the circumstances surrounding the breach, in order to collect and develop the information that is required to be included in the notice to the individual.


b. The Department Head/Elected Official or designee is expected to notify individuals as soon as reasonably possible. The required information may be provided in multiple mailings as the information becomes available

c. The breach notification must be sent via first class mail and must contain the elements contained in Attachment B.

d. Notice by telephone or other means may be made, in addition to written notice, in cases deemed by the covered entity Department/Office to require urgency because of possible imminent misuse of unsecured protected health information.

e. If the covered entity Department/Officeknows that some of the affected individuals are deceased and also knows the address of the next of kin or personal representative of the descendent, the notice must be provided to the next of kin or personal representative.

4. If the covered entity Department/Office does not have sufficient contact information for some or all of the affected individuals, or if some notices are returned as undeliverable, a substitute notice must be provided for the unreachable individuals. The substitute notice should be provided as soon as reasonably possible after the covered entity Department/Office is aware that it has insufficient or out-of-date contact information for one or more affected individuals. The substitute form of notice must be reasonably calculated to reach the individuals for whom it is being provided.

a. If there are fewer than 10 individuals for whom the covered entity Department/Office has insufficient or out-of-date contact information to provide the written notice, the covered entity Department/Office may provide substitute notice to such individuals through an


alternative form of written notice (e- mail), by telephone or other means. Alternatively, posting a notice on the covered entity Department/Office’s web site may be appropriate if the covered entity Department/Office lacks any current contact information for the individuals.

b. If the covered entity Department/Office has insufficient or out-of-date contact information for 10 or more individuals, then the covered entity Department/Office must provide substitute notice through either a conspicuous posting for a period of 90 days on the home page of its web site or conspicuous notice in major print or broadcast media in geographic areas where the individuals affected by the breach likely reside.

c. Substitute notice through the website or media for 10 or more individuals requires the covered entity Department/Office to have a toll-free phone number, active for 90 days, where an individual can learn whether the individual's unsecured protected health information may be included in the breach and include the number in the notice.

d. If the breach of unsecured PHI affected more than 500 individuals, the notice must also be provided to prominent media outlets serving the County in the form of a press release.

County Privacy 1. All breaches of unsecured PHI must be reported to Officer the Secretary of Health and Human Services

(HHS) in a manner specified on the HHS website.

a. For breaches involving 500 or more individuals, the report must be made immediately (concurrent to the notification sent to the individual).


b. For breaches involving less than 500 individuals, a log of such breaches must be maintained and submitted annually no laterthan 60 days after the end of each calendar year. The log and other documentation related to the breach (i.e. risk assessment and breach notification letter) must be maintained for six years.


Attachment A

Risk Assessment

Questions to be asked:

1) Did the use or disclosure violate the Privacy Rule?

2) Did the breach compromise the security or privacy of the PHI (pose a significant risk offinancial, reputational or other harm to the individual)? (i.e. Were only names and the fact that the individuals received services disclosed?) Determine the nature and extent of the PHI involved (i.e., types of identifiers, likelihood of re-identification, and the amount of data and its sensitivity); the type of unauthorized person who used the PHI or to whom the data was disclosed; whether the PHI was actually acquired or viewed; and the extent to which risk to the PHI has been mitigated.

3) Did the PHI go to another covered entity? If yes, did the covered entity Department/Office obtain satisfactory assurances from the recipient that the PHI will not be further used or disclosed or will be destroyed?If yes, no breach has occurred and notification is not required.

4) Was the PHI returned prior to it being accessed for an improper purpose? (i.e. laptopstolen and recovered with a forensic analysis that shows that its information was not opened, altered, transferred, or otherwise compromised.)

5) Was the disclosure:

a. An unintentional acquisition, access, or use of PHI by a workforce member; or

b. An inadvertent disclosure of PHI from an individual in the HIPAA covered entity authorized to access PHI to another individual in the HIPAA covered entity authorized to access PHI; or

c. An unauthorized disclosure in which an unauthorized person to whom PHI is disclosed would not reasonably have been able to retain the information? (i.e. returned, unopened mail delivered to wrong address; paper with PHI handed to wrong individual and immediately recovered)

6) Did the client make Livingston County or the covered entity Department/Office aware of the disclosure? If yes, notification is not required, unless there is reason to believe that additional disclosures were made at the same time. If so, notification is required.


Attachment BBreach Notification Requirements

1) A brief description of what happened, including the date of the breach and the date ofthe discovery of the breach, if known.

2) A description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, homeaddress, account number, diagnosis, disability code, or other types of information were involved).

3) Any steps individuals should take to protect themselves from potential harm resultingfrom the breach (i.e. contact credit card company and/or credit bureau);

4) A brief description of what the covered entity is doing to investigate the breach, to mitigate harm to individuals (i.e. filing a police report if indicated), and to protect against any further breaches (i.e. steps being taken to improve security).

5) Contact procedures for individuals to ask questions or learn additional information, which must include a toll-free telephone number, an e-mail address, web site, or postal address.

6) The notification must be written in plain language at an appropriate reading level, using clear language and syntax.

7) The notification should be translated for limited English proficient persons as needed.

8) The notification should be made available in alternate formats, such as Braille, large print, or audio as needed.

N:\Client\Livingston\Policies\HIPPA-4 - Breach Notification.doc



RESOLUTION AUTHORIZING THE SIGNING OF AN UPDATED BUSINESS ASSOCIATE AGREEMENT BETWEEN LIVINGSTON COUNTY AND BLUE CROSS BLUE SHIELD OF MICHIGAN IN COMPLIANCE WITH HIPAA AS AMENDED BY HITECH AND GINA –Human Resources / Finance / Full Board

WHEREAS, Livingston County contracts with Blue Cross Blue Shield of Michigan to administer active and retiree health, dental, and vision benefits; and

WHEREAS, an updated Business Associate Agreement is needed in light of changes in federal Health Information Technology for Economic and Clinical Health (HITECH) Act and the Genetic Information Nondiscrimination Act ("GINA"), which amend HIPAA; and

WHEREAS, as our health, dental, and vision benefit administrator, Blue Cross Blue Shield of Michigan, is required to operate in accordance with the enhanced privacy and security guidelines in regard to protected health information; and

WHEREAS, Blue Cross Blue Shield of Michigan has provided Livingston County with an updated Business Associate Agreement reflecting the required provisions under the HITECH Act and GINA.


authorizes the Board Chair to sign the updated Business Associate Agreement with Blue

Cross Blue Shield of Michigan as well as any and all related documents upon review of

civil counsel, to ensure compliance with HIPAA as amended by the HITECH Act and

GINA.

# # #




RESOLUTION TO AMEND RESOLUTION 2012-11-302 TO ALLOW FOR EXTENSION AND AMENDMENT OF THE CONTRACT BETWEEN THE 53RD DISTRICT COURT AND LIVINGSTON COUNTY COMMUNITY MENTAL HEALTH FOR SERVICES TO INTENSIVE TREATMENT MENTAL HEALTH COURT PARTICIPANTS District COURT /FINANCE

COMMITTEE / FULL BOARD

WHEREAS, In Resolution #2012-11-302, dated November 13, 2012, the Board of Commissioners approved a contract between 53rd District Court and Livingston County Community Mental Health to provide services for participants in Intensive Treatment Mental Health Court; and

WHEREAS, the contract is fully funded by funds from a grant from the State Court Administrative Office; and

WHEREAS, the contract ends September 30, 2013 and limits the scope of services and the amount to be paid for services under the contract; and

WHEREAS, there is a need to extend this contract for the 2014 grant year, to make the contract renewable at the discretion of the Court and to make the scope of services and billing amount flexible as allowed by grant terms and subject to availability of grant funding; and

WHEREAS, there is an opportunity to maximize funding for the 2013 grant year by amending the contract to broaden the scope of services and amount of payment to that which is allowable under the grant contract terms; and

WHEREAS, creating a broadly defined contract, that is flexible in scope of services, amount of payment, and renewability, subject to the services and amounts allowable by the funder allows for more flexibility in delivering the best possible care to participants of the Court;

THEREFORE, BE IT RESOLVED that the Chair of the Livingston County Board of Commissioners

be authorized to sign the amendment and extension to the Contract referenced above and

any future amendments for monetary and contractual language adjustments upon review

by Civil Counsel.

# # #


Livingston County Circuit CourtJudicial Center

204 S. Highlander Way, Suite 5Howell, MI 48843

David J. Reader John EvansChief Judge Circuit Court Administrator

Michael P. Hatty Peggy TomsCircuit Court Judge Administrative Coordinator

517/546/8079Miriam Cavanaugh 517/546/0048 FaxProbate Court Judge

Memorandum


From: Carole Church, Court Programs Administrator


Re: RESOLUTION TO AMEND RESOLUTION 2012-11-302 TO ALLOW FOR EXTENSION AND AMENDMENT OF THE CONTRACT BETWEEN THE 53RD DISTRICT COURT AND LIVINGSTON COUNTY COMMUNITY MENTAL HEALTHFOR SERVICES TO INTENSIVE TREATMENT MENTAL HEALTH COURT PARTICIPANTS District COURT /FINANCE

COMMITTEE / FULL BOARD

Following approval by the Board of Commissioners in Resolution #2012-11-302, dated November 13, 2012, the 53rd District Court entered into a contract with Livingston County Community Mental Health for services to be provided to the Intensive Treatment Mental Health Court. The contract period ends September 30, 2013.

There is a need to revise the current contract to allow for expanded services, to include all services allowable under the grant. There is also a need to increase the maximum dollar amount of the contract to the maximum available and allowable under the State Court Administrative Office grant. These changes apply to the current year. There is also a need to re-new the contract for the upcoming grant year, to allow for the scope of services and amount of funding that are available and allowable through the State Court Administrative Office grant funding, and to make the contract renewable at the discretion of the Court, and subject to availability of grant funds. This will allow for flexibility in contracting with a community resource to provide the best possible services for court participants while maximizing availability of funding.

Thank you for your consideration in this matter.



RESOLUTION TO APPROVE APPOINTMENTS TO THE LENAWEE-LIVINGSTON-WASHTENAW SUBSTANCE ABUSE ADVISORY COMMITTEE- Board of Commissioners

WHEREAS, the Lenawee-Livingston-Washtenaw Substance Abuse Advisory Committee (LLWSAAC) revised By-Laws require each three year appointment to be made in October, and

WHEREAS, the following appointments have been recommended to fill said vacancies:

Lenawee-Livingston-Washtenaw Substance Abuse Advisory CommitteeRon Moore ............................................ with term expiring 9/30/16


approves the appointment to begin October 1, 2013 and expiration date referenced above.

# # #

MOVED:

SECONDED:

CARRIED:



___________________________________________________________________________________

RESOLUTION TO APPROVE THE HIRING OF A PART-TIME VITAL RECORDS CLERK – County Clerk

WHEREAS, the Livingston County Clerk’s Vital Records Division has seen an increase in transactions in the last twelve months; and

WHEREAS, it is essential to comply with the Michigan Constitution and Michigan Statutes; and we have adapted every method to accomplish our tasks efficiently and correctly,

WHEREAS, increased revenue is this year’s budget will cover the cost of this position; and

WHEREAS, it is essential that these sensitive records be handled correctly and confidentially,

THEREFORE BE IT RESOLVED, that the Livingston County Board of Commissioners approve the hiring

of a part-time Vital Records Clerk.

CURRENT POSITIONS REQUESTED POSITIONS

POSITION TITLEFULL -TIME #

PART -TIME

#POSITION TITLE

FULL -TIME #

PART -TIME #

Administrative Coordinator 1 Administrative Coordinator 1Chief Deputy/Legal Div. Supvr 1 Chief Deputy/Legal Div. Supvr 1County Clerk 1 County Clerk 1Courtroom/Circ Ct Jd Clerk 8.925 Courtroom/Circ Ct Jd Clerk 8.925Elections Coordinator 1 Elections Coordinator 1Records Retention Clerk 1 Records Retention Clerk 1Sr. Circuit Ct Jud Clerk 1 Sr. Circuit Ct Jud Clerk 1Vital Records Clerk 2 Vital Records Clerk 2 1

TOTAL 15.925 1 TOTAL 15.925 2

# # #

MOVED:

SECONDED:

CARRIED:

CONCEALED PISTOL LICENSE COUNT FOR THE YEAR 2012

TO CURRENT

Total approved applicants for Livingston County: 2176 for year 2012

Total approved applicants for Livingston county: 281 for January 2013

Total approved applicants for Livingston county: 379 for February 2013

Total approved applicants for Livingston county: 420 for March 2013

Total approved applicants for Livingston county: 396 for April 2013

Total approved applicants for Livingston county: 334 for May 2013

Total approved applicants for Livingston county: 227 for June 2013

Total approved applicants for Livingston county: 236 for July 213

As of August 20, 2013 we have approved a total of 2569 applicants

Margaret M. DunleavyLIVINGSTON COUNTY CLERK

County Clerk Circuit Court Clerk 200 East Grand River 204 S. Highlander Way, Suite 4 Howell, Michigan 48843-2399 Howell, Michigan 48843-1953 517-546-0500 517-546-9816

TO: Livingston County Board of Commissioners

FROM: Margaret M. Dunleavy

DATE: August 21, 2013

RE: Waiving of hiring freeze

There has been a substantial increase in the number of transactions in the Vital Records division. This is necessitating the need for a permanent part time clerk to absorb the workload. I have been delaying this request, thinking that perhaps the need would subside. This has not been the case. I have had a temporary employee since October 2012 and she has been able to assist us. I thought we might see a decrease in requests in our office but there has been little slow down.

I appreciate your consideration of this request for a permanent part-time Vital Records (up to 20 hours per week) at a Grade F.

A. POLICY

1. PURPOSE: Livingston County instituted a number of cost reduction measures in light of the financial forecasts indicating the County would be unable to sustain current levels of services within available resources. One of those measures is a hiring freeze. The objective of the hiring freeze for general fund departments and departments that receive a subsidyfrom the general fund is to contribute to the reduction of the budget deficit and to begin to make long-term structural changes and improved efficiencies in Livingston County’s work force.

2. POLICY STATEMENT:The Board of Commissioners instituted a hiring freeze on July 7, 2008, which resolved:

No position in a General Fund department which becomes vacant shall be replaced. In departments not funded by the General Fund, vacancies shall be posted internally with employees in General Fund departments given first consideration. The Board encourages the sharing of responsibilities within or between Departments. In addition, supervisory positions may be filled internally as long as a vacancy ultimately falls off the payroll. The Board of Commissioners also endorses consolidation of County offices in order to reduce operating expenses.

In addition, on December 1, 2008 the Board reaffirmed their position on the hiring freeze by resolving:

Any services funded by State/Federal grants which costs exceed grant funding and which services are not basic to the health, safety, and welfare of the residents of Livingston County and/or which are provided by others; shall be discontinued and the grant funding declined.

The approved Authorization and Funded Employee List contained in the budget shall limit the number of employees who are authorized to be employed and no funds are appropriated for any position or employees not on the approved Authorization and Funded Employee List.

All vacancies that occur during this hiring freeze are hereby declared to be a position reduction on the Authorized and Funded Employee List for each such vacated position and funding shall be removed from the Courts, Elected Officials and Department Head budgets. Said vacated position shall not be filled, except by specific Board authorization.

If the Board of Commissioners authorizes a vacant position to be filled, then all Judges, County Elected Officials and County Department Heads will hold that position vacancy that occurs during the 2009 fiscal year for the appropriate duration of time to properly compensate for vacation and/or sick payoffs to insure personnel expenditures don’t exceed the 2009 authorized budget provided that

Livingston CountyVacancy Review Policy

Resolution No. 2012-01-019 Amended: January 17, 2012

Vacancy Review PolicyPage 2 of 6

the judges and elected officials can still perform their mandated functions at a serviceable level.

However, there may be a few instances in which the best interests of Livingston County are served by allowing a hire to take place. The attached Vacancy Review Guidelines explain the objective, criteria and procedures for granting exceptions to the hiring freeze.

Vacancy requests will be approved only when it is clear to the Board of Commissioners that:

The work is essential to Livingston County; The Elected Official/Department Head has examined current work and staffing to

identify and then implement changes that improve service, reduce costs and reduce the number of staff required to get the department’s work done;

Alternatives to getting the work done have been seriously explored including redesigning work, reassigning current staff, using additional technology or rethinking how work is performed, streamlining and any other staff-suggested means;

Lower priority work has been eliminated, deferred, or handled some other way. In other words, with approval, can some of the department’s current duties be discontinued?;

There is no reasonable alternative to hiring.

Where there is no reasonable alternative to hiring, it is expected that another position will be surrendered. Step placement at hiring should be scrutinized to minimize overall personnel costs. Avoid incurring any costs that are not necessary. All County expenditures – not just personnel costs need to be examined to reduce costs to the greatest extent possible.

3. APPLICABILITY:Applies to all budgeted full-time and part-time positions that become vacant during the period of time that the hiring freeze is in effect. The hiring freeze applies to positions in a general fund department and to departments that receive a general fund subsidy. Every position will be reviewed on an individual basis. The following are the exceptions whereby a department head may fill a vacancy without first obtaining the approval of the Board of Commissioners:

Where the Board of Commissioners has previously approved the filling of a vacancy of the same job classification and hours within the same budget year and that position is again vacated.

Departments are permitted to temporarily increase staffing levels due to increased workload, vacancies created by terminations or employee leaves of absence if sufficient funding is available within that department’s budget. No approval is required to return the incumbent employee to the original position. If funding is not available within a department’s budget sufficient to cover the expense of a temporary position, the department must receive approval from the Board of Commissioners through the vacancy review procedure prior to filling a temporary vacancy.

The hiring freeze will be in effect until further notice, and will not be lifted without an affirmative action taken by the Board of Commissioners.

4. DEFINITIONS:

5. REFERENCE AND LEGAL AUTHORITY:


Board Resolution 604-193 Resolution Establishing a Position Review Process to Justify the Current Need for Vacant Positions under the General Hiring Freeze

Board Resolution 2008-07-201 Resolution Authorizing Implementation of Adjustments to the 2008 Livingston County Budget

Board Resolution 2008-12-352 Resolution Adopting the 2009 Livingston County BudgetBoard Resolution 2009-05-156 Resolution Authorizing Livingston County’s Annual

Budget Process and Calendar for 2010

6. SEE ALSO:Personnel Policy regarding Workforce ReductionForm: Livingston County 2004 General Hiring Freeze, Request to FillForm: Request for Exception to the Hiring Freeze

7. SUPERSEDES: No. 2010-06-189 and No. 2009-07-217

8. APPROVED BY:Personnel Committee: 12/21/11Finance Committee: 01/11/12Board of Commissioners: 01/17/12

9. RESOLUTION: No. 2012-01-019

10. REVIEW HISTORY:

A. PROCEDURE:The requesting Elected Official/Department Head will complete the analysis required to Request an Exception to the Hiring Freeze. The appropriate Board Sub-Committee will review all requests for hiring within their jurisdiction. Only when the appropriate Board Sub-Committee is confident that the hire meets the criteria will the request receive further review from the Finance Committee and ultimate authorization will be provided by the Board of Commissioners prior to making a job offer.

The Board Sub-Committee may request clarification or additional information as deemed necessary.

Administration will adjust budgets to reflect the savings from vacant positions.


REQUEST FOR EXCEPTION TO THE HIRING FREEZE

Request Submitted by: Margaret M. Dunleavy

Title of Position to be Filled: PT Vital Records Clerk Salary: $13.3448/hr

Annual Cost of Budgeted Position (incl. fringe benefits): $15,099.00Projected Cost for the next five years (incl. fringe benefits: $79,691.00

New Position/Classification (Yes/No): YesIf No: Name of Employee Last Occupying this Position

Colleen Fortier(Part time temporary)

When did the position become vacant? N/A

Has sufficient time been given to properly compensate for vacation and/or sick pay-offs to insure personnel expenses do not exceed the authorized budget? N/A

1. Briefly describe this position and why you believe that it is essential enough to warrant an exception to the overall Livingston County hiring freeze. Provide a copy of the job description. There has been an increase in the number of transactions conducted in the Vital Records Division.

2. Indicate if this is a mandated program/service by citing the act, rule, resolution, order, etc. that has necessitated this work. Also, if mandated, explain what effect this program/service has on current operations. If not mandated, outline the reason(s) for the department providing this task/work. All functions in the Vital Records’ Division are mandated, except for the Veteran’s ID cards.

3. Budgeted department head count for the past five years: Jan., 2009: 22 Jan., 2010: 21 Jan., 2011: 19 Jan., 2012:16.425Jan., 2013: 16.425

Please explain changes: Two payroll employees transferred to Human Resources One accounts payable employee transferred to Finance Three other positions were not filled

4. Does the vacant position for which an exemption is being requested perform essential function(s) that cannot be performed with the existing staff resources within


Livingston County? Identify all special skills, education and/or licensing requirements for the position. Exemplary customer service and techniques to handle difficult situations, attention to detail and ability to concentrate in a sometimes-chaoticatmosphere.

5. Recognizing that all Elected Officials/Department Heads are expected to provide quality supervision and be creative problem solvers, how could the department reassign work and/or personnel to get all essential work of the department done without additional hiring? This department has exhausted all options for assigning and reassigning personnel to meet the demands of this division. The information and documents that are created and utilized in this division require precise accuracy.

6. Specifically list three reasonable options if your request to replace a position is denied.1. Limit the number of CPL applications for each gun board. (This could cause a problem, because the gun board is required to act on applications in a timely fashion.)

7. What are the consequences of deferring the vacant position over the next several months and beyond?Overtime may be incurred.Errors could occur that may have ominous consequences.

8. What budget saving measures has this department implemented? Have additional measures been identified?

There has been an increase in revenue because of the increase in demand for service.

9. What position or other costs would you be willing to drop to enable hiring – if that becomes necessary to obtain approval for hire? None

10. Please provide additional information regarding the staff of this department (i.e. organizational charts, workflow chart, staff on leaves from work/job restrictions, employee training downtime, etc.) to determine the workforce available for accomplishing the necessary tasks/services. See attached


11. Is the work required by statute to be performed at the County level or can it be shared with other Counties? With local governments? Mandated responsibilities

12. Explain what services can be provided by others, private sector or non-profit?

None

13. Are there other County employees with the skills and knowledge that can be transferred from another department thereby shifting the vacancy to another department where the position will not be filled?

I am not aware of any.

14. Has the use of temporary employees been evaluated to handle the work? Please provide explanation(s). I have had a temporary employee in this position since October, 2012. It is my understanding that there is specific amount of time for temporary employment.

15. Has the use of part-time (less than 30 hours) employees been evaluated for feasibility and cost-effectiveness to accomplish the work? Please provide explanation(s). N/A

16. Has current staff been working overtime and, if so, how much is currently being worked or how much is planned to be worked per week (on the average)? No

17. Has cross-trained staff been fully utilized to maximize the output of existing staff? Please provide explanation(s). Yes



RESOLUTION AUTHORIZING CREATION AND FILLING OF A PART TIME GRANT FUNDED PRETRIAL INVESTIGATOR - COMMUNITY CORRECTIONS

WHEREAS, funding has been approved by the Livingston County Community Corrections Advisory Board and by the Michigan Department of Corrections (MDOC) for 2014 for Livingston County for the purpose of providing programs and services that will reduce recidivism, reduce prison commitment and reduce jail bed days as well as providing residential treatment services; and

WHEREAS, in 2014, Livingston County was granted $11,010 to fund a part time pretrial investigator; and

WHEREAS, The part time pretrial investigator position has been reclassified from a J level to an I level position; and

WHEREAS, The Personnel Committee has reevaluated the pretrial position and has approved it as a Grade I:

WHEREAS, The Livingston County Sheriff Department will be working with Community Corrections to house and fund this part time pretrial position whose focus is on reducing jail bed days; and,

WHEREAS, The part time pretrial position is contingent on available grant funds and approved funding through the Sheriff Department – If the Grant is eliminated, the pretrial position will be eliminated; and,

WHEREAS, this Resolution has been recommended for approval by the Personnel Committee; and,

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners

hereby approves the proposed part time pretrial position contingent on available

funding.

BE IT FURTHER RESOLVED that the Chair of the Livingston County Board of

Commissioners be authorized to approve future modifications to the pretrial

position.

# # #MOVED:SECONDED:CARRIED:

COMMUNITY CORRECTIONS 9/12/2013

2013 2013 Projected Retiree Employee

DEPT TYPE NAME TITLE Hours FTE HIREDATE GRADE ANNUAL 2014 Salary RHC-DC FICA BCBS HC Life MERSEmployer

Contr.Employer

Match WC LTD/STD Total

275.362-XXX PT New Hire Pre-trial Investigator (PT 20) 20 0.50 10/1/2013 I-Hire 17,973$ 17,973$ 1,375$ 59$ 19,408$

17,973 17,973 - 1,375 - - - - - - 59 - 19,408

Part-Time Employees - New Grant Funded Position

COMMUNITY CORRECTIONS MERS Hybrid

Total Part-Time

CREATED BY: ANN WHITE

1

August 27, 2013

Board of County CommissionersLivingston CountyHowell, Michigan 48843

RE: Resolution to approve aPart Time Pretrial Investigation Position

Livingston County Board Members,

Livingston County Community Corrections has applied for and been approved to received $178,162.00 from the Michigan Department of Corrections Office of Community Alternatives. Part of the approved plan includes $11,010 to fund a pretrial investigator that will work in the jail to gain the release of defendants who are not a threat to the community, pending their trial. These funds will be lapsed and lost risking a reduction of grant funding in years to come should this position not be approved and implemented. If funding for the pretrial investigator iswithdrawn by the state, the position will immediately be eliminated.

Attached you will find the resolution requesting approval of a part time pretrial investigator at a Level I. The Personnel Committee has reevaluated and reclassified the former Pretrial Services position that included probation / supervision type duties and was classified as a J level position. The newly classified I level Pretrial Investigator position will not include probation / supervision type duties. Also attached are a Vacancy Review Form and a spreadsheet with approximate costs.

Regards,

Diane DeWitt Bockhausen, ManagerLivingston County Community [email protected]

Livingston County Community Corrections200 S. Highlander Way

Howell, MI 48843Office: 517.545.1047 Fax: 517.546.8358

Job Title: Pretrial Investigator Incumbent’s Name: VACANT 12/11 Page 1 of 3

EMPLOYEE NAME: VACANT

JOB TITLE: Pretrial Investigator

POSITION ID#: 275.362-00

EMPLOYEES SUPERVISED: None

IMMEDIATE SUPERVISOR: Diane Bockhausen

TITLE OF IMMEDIATE SUPERVISOR: Community Corrections Manager

FLSA STATUS: Exempt – Professional

PART TIME

DEPARTMENT: Community Corrections LOCATION: Asset Building

EFFECTIVE: 01/10/13 GRADE: I HOURLY: $17.28

WORKERS COMPENSATION CODE:

Job Summary:This position is responsible for identifying eligible defendants that are detained in the Livingston County Jail, conducting pretrial investigations, and providing appropriate release recommendations to all adult courts in Livingston County.

Essential Responsibilities/Duties:• Identify unsentenced defendants detained in the Livingston County Jail in lieu of bail that are potential candidates for pretrial supervision. • Within the restricted and confined areas of the jail, Interview and investigate those defendants detained that have been identified as potential candidates for pretrial supervision prior to their scheduled pretrial or preliminary exam. • Assess and summarize criminal history record checks for each defendant that is assessed for pretrial supervision eligibility. • Contact references provided by the defendant to verify information relevant to the setting of bail that was collected during the pretrial interview and investigation. • Submit written investigation reports to the court and other appropriate criminal justice stakeholders that set forth the findings of the investigation including release options and a bail recommendation.• Appear in court as needed to explain pre-trial investigation findings and recommendations. • Track defendants that are not released as a result of the initial investigation and update the court of any changes that may impact the decision to release the defendant on pretrial supervision. • Conduct investigations for defendants referred by the court, prosecutor, or defense attorney and submit completed investigation reports.• Facilitate the release of defendants where bail is granted including the coordination and installation of electronic monitoring devices and ensuring the defendant understands and complies with any other bail conditions. • Interview and investigate defendants detained in the Livingston County Jail that have been identified as potential candidates for pretrial supervision prior to pretrial or preliminary exam. • Work closely with the courts, police, prosecutors and defense attorneys in an effort to maximize defendant release without increasing the risk to the community or flight to avoid prosecution. . • Keep records for the preparation of program performance and outcome reports.• Perform related work as required. Above listed responsibilities/duties are illustrative and representative of the tasks required of this classification, but are not intended to be complete or exclusive of this position.

General Knowledge/Skills/Abilities:

Established 1 83 7

Livi

ngsto

n C ounty, M

ichigan


• Knowledge of court processing and the Michigan courts and criminal justice system, knowledge of Livingston County is preferred. • Knowledge of pretrial interviewing and investigation techniques • Knowledge of community organizations and resources ● Ability to read and understand police reports, court files, and computer screens.● Ability to articulate information clearly during oral investigations and during court presentations. • Skill using a computer, e-mail, word processing, spreadsheets, and database management systems • Skill prioritizing tasks and managing time • Ability to conduct investigations, evaluates findings, and prepares investigation reports • Ability to give court room testimony • Ability to understand and implement evidence-based practices relative to community pretrial investigation of defendants • Ability to establish and maintain positive working relationships with the courts, prosecutors, defense attorneys, law enforcement, other criminal justice stakeholders, defendants, victims, families, and the general public • Ability to communicate effectively both orally and in writing • Ability to learn and apply new techniques and skills as trained

QUALIFICATIONS:Minimum Education and Experience:

Bachelor’s degree from an accredited college or university with major course work in criminal justice or a related field. A minimum of 2 years experience in criminal justice, public administration, and social or public interest field is desirable. Thorough knowledge of legal terminology, and the various stages of criminal case processing.Knowledge of the criminal sentencing process and sanctions normally imposed for various crimes. Knowledge of the various community based treatment facilities and programs which could address the needs of defendants and serve as an option to pretrial incarceration. Ability to interview and communicate effectively with persons of diverse backgrounds.Ability to report to the courts both orally and in written form. Must be able to use a keyboard and software programs.Ability to react and move quickly and defensively within the secured areas of a detention facility should an emergency occur.Possession and maintenance of a valid, unrestricted Michigan Driver’s License and access to transportation.

WORKING CONDITIONS:Physical Requirements: ● Ability to sit for long periods of time verifying information over the phone, conducting interviews with clients and preparing bail information reports for court review.● Ability to stand for extended periods of time interviewing clients. Positions in this class typically require; manual dexterity, talking, hearing, seeing and repetitive

motions. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force

frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents may be subjected to travel. May be exposed to hazardous materials found in a home or general office environment. Use of household cleaning products and disinfectants may be required.

CRITERIA FOR MERIT INCREASES:

Has developed specific efficiencies in performance of duties.


Exceeds performance objectives for the position. Demonstrates on-going skill development through readings, journals, etc. Initiates constructive ideas with supervisor for unit/position performance. Assumes constructive leadership role with co-workers. Assists in providing training to other staff, share skills with other staff. Functions willingly as a training consultant/resource to colleagues. Pursues appropriate certification/licensure.

A. POLICY

1. PURPOSE: Livingston County instituted a number of cost reduction measures in light of the financial forecasts indicating the County would be unable to sustain current levels of services within available resources. One of those measures is a hiring freeze. The objective of the hiring freeze for general fund departments and departments that receive a subsidyfrom the general fund is to contribute to the reduction of the budget deficit and to begin to make long-term structural changes and improved efficiencies in Livingston County’s work force.

2. POLICY STATEMENT:The Board of Commissioners instituted a hiring freeze on July 7, 2008, which resolved:

No position in a General Fund department which becomes vacant shall be replaced. In departments not funded by the General Fund, vacancies shall be posted internally with employees in General Fund departments given first consideration. The Board encourages the sharing of responsibilities within or between Departments. In addition supervisory positions may be filled internally as long as a vacancy ultimately falls off the payroll. The Board of Commissioners also endorses consolidation of County offices in order to reduce operating expenses.

In addition, on December 1, 2008 the Board reaffirmed their position on the hiring freeze by resolving:

Any services funded by State/Federal grants which costs exceed grant funding and which services are not basic to the health, safety, and welfare of the residents of Livingston County and/or which are provided by others; shall be discontinued and the grant funding declined.

The approved Authorization and Funded Employee List contained in the budget shall limit the number of employees who are authorized to be employed and no funds are appropriated for any position or employees not on the approved Authorization and Funded Employee List.

All vacancies that occur during this hiring freeze are hereby declared to be a position reduction on the Authorized and Funded Employee List for each such vacated position and funding shall be removed from the Courts, Elected Officials and Department Head budgets. Said vacated position shall not be filled, except by specific Board authorization.

If the Board of Commissioners authorizes a vacant position to be filled, then all Judges, County Elected Officials and County Department Heads will hold that position vacancy that occurs during the 2009 fiscal year for the appropriate duration of time to properly compensate for vacation and/or sick payoffs to insure personnel expenditures don’t exceed the 2009 authorized budget provided that

Livingston CountyVacancy Review Policy

Resolution No. 2012-01-019 Amended: January 17, 2012


the judges and elected officials can still perform their mandated functions at a serviceable level.

However, there may be a few instances in which the best interests of Livingston County are served by allowing a hire to take place. The attached Vacancy Review Guidelines explain the objective, criteria and procedures for granting exceptions to the hiring freeze.

Vacancy requests will be approved only when it is clear to the Board of Commissioners that:

The work is essential to Livingston County; The Elected Official/Department Head has examined current work and staffing to

identify and then implement changes that improve service, reduce costs and reduce the number of staff required to get the department’s work done;

Alternatives to getting the work done have been seriously explored including redesigning work, reassigning current staff, using additional technology or rethinking how work is performed, streamlining and any other staff-suggested means;

Lower priority work has been eliminated, deferred, or handled some other way. In other words, with approval, can some of the department’s current duties be discontinued?;

There is no reasonable alternative to hiring.

Where there is no reasonable alternative to hiring, it is expected that another position will be surrendered. Step placement at hiring should be scrutinized to minimize overall personnel costs. Avoid incurring any costs that are not necessary. All County expenditures – not just personnel costs need to be examined to reduce costs to the greatest extent possible.

3. APPLICABILITY:Applies to all budgeted full-time and part-time positions that become vacant during the period of time that the hiring freeze is in effect. The hiring freeze applies to positions in a general fund department and to departments that receive a general fund subsidy. Every position will be reviewed on an individual basis. The following are the exceptions whereby a department head may fill a vacancy without first obtaining the approval of the Board of Commissioners:

Where the Board of Commissioners has previously approved the filling of a vacancy of the same job classification and hours within the same budget year and that position is again vacated.

Departments are permitted to temporarily increase staffing levels due to increased workload, vacancies created by terminations or employee leaves of absence if sufficient funding is available within that department’s budget. No approval is required to return the incumbent employee to the original position. If funding is not available within a department’s budget sufficient to cover the expense of a temporary position, the department must receive approval from the Board of Commissioners through the vacancy review procedure prior to filling a temporary vacancy.

The hiring freeze will be in effect until further notice, and will not be lifted without an affirmative action taken by the Board of Commissioners.

4. DEFINITIONS:

5. REFERENCE AND LEGAL AUTHORITY:


Board Resolution 604-193 Resolution Establishing a Position Review Process to Justify the Current Need for Vacant Positions under the General Hiring Freeze

Board Resolution 2008-07-201 Resolution Authorizing Implementation of Adjustments to the 2008 Livingston County Budget

Board Resolution 2008-12-352 Resolution Adopting the 2009 Livingston County BudgetBoard Resolution 2009-05-156 Resolution Authorizing Livingston County’s Annual

Budget Process and Calendar for 2010

6. SEE ALSO:Personnel Policy regarding Workforce ReductionForm: Livingston County 2004 General Hiring Freeze, Request to FillForm: Request for Exception to the Hiring Freeze

7. SUPERSEDES: No. 2010-06-189 and No. 2009-07-217

8. APPROVED BY:Personnel Committee: 12/21/11Finance Committee: 01/11/12Board of Commissioners: 01/17/12

9. RESOLUTION: No. 2012-01-019

10. REVIEW HISTORY:

A. PROCEDURE:The requesting Elected Official/Department Head will complete the analysis required to Request an Exception to the Hiring Freeze. The appropriate Board Sub-Committee will review all requests for hiring within their jurisdiction. Only when the appropriate Board Sub-Committee is confident that the hire meets the criteria will the request receive further review from the Finance Committee and ultimate authorization will be provided by the Board of Commissioners prior to making a job offer.

The Board Sub-Committee may request clarification or additional information as deemed necessary.

Administration will adjust budgets to reflect the savings from vacant positions.


REQUEST FOR EXCEPTION TO THE HIRING FREEZE

Request Submitted by: Diane Bockhausen, Community Corrections Manager

Title of Position to be Filled: Pretrial Investigator Salary: $17.2822 hour

Annual Cost of Budgeted Position (incl. fringe benefits):Projected Cost for the next five years (incl. fringe benefits):

New Position/Classification (Yes/No): New ClassificationIf No: Name of Employee Last Occupying this PositionAnna Margarita Franklin occupied pretrial services as a J level – now reclassified as an I level.

When did the position become vacant? April 2013

Has sufficient time been given to properly compensate for vacation and/or sick pay-offs to insure personnel expenses do not exceed the authorized budget? YES

1. Briefly describe this position and why you believe that it is essential enough to warrant an exception to the overall Livingston County hiring freeze. Provide a copy of the job description.Livingston County Jail has experienced overcrowding. The pretrial investigator will identify defendants who cannot make bond but can be safely released pending trial and who are likely to appear for court dates and work to gain their release. This position may also work to identify sentenced inmates who may be moved and facilitate their transfer to other facilities such as MDOC or health care providers. The goal is to reduce jail bed days and thereby reduce jail overcrowding.

2. Indicate if this is a mandated program/service by citing the act, rule, resolution, order, etc. that has necessitated this work. Also, if mandated, explain what effect this program/service has on current operations. If not mandated, outline the reason(s) for the department providing this task/work. Community Corrections is grant funded with a statutory mission (PA 511) of reducing recidivism, reducing prison commitment and reducing Jail Bed Days.

3. Budgeted department head count for the past five years:

Jan., 2009: 2 Full Time 1 Part Time Jan., 2010: 2 Full Time Jan., 2011: 1 Full Time 2 Part Time Jan., 2012: 1 Full Time 2 Part Time

Jan., 2013: 2 Full Time 2 Part Time

Please explain changes: In January 2009 there was one Full Time Manager, one Full Time Staff Person and one part time office assistant. It is my understanding that due to budget cuts in the county the part time office assistant was laid off by January 2010 and the Manager assumed the office assistants duties. In early 2010, the full time Manager retired and was replaced in April of 2010 with a Part Time Manager (20 hours a week). There were grant funds available to hire a part time office assistant and that position was filled in August of 2010. In January 2011 and January 2012 there was one Full Time staff and a part time Manager and a part time office


assistant. In April of 2012 a Full Time Staff position was added (Pretrial Services) that was partly PA 511 Grant Funded and partly county funded. Approval was sought and given to make the pretrial position fully grant funded for 2013. In January 2013 there were 2 Full Time and 2 Part Time positions filled in Community Corrections : One full time Staff, One Full Time pretrial services, one part time manager and one part time office assistant. In April 2013 the Full Time pretrial services position was eliminated due to a reduction in available grant funds. The 2014 PA 511 grant has $11,010 set aside for a pretrial investigator at an I level. The Community Corrections Advisory Board and MDOC approved this position and associated funding. Should no county funds become available after the $11,010 is used up, the part time pretrial investigator position will be eliminated.

4. Does the vacant position for which an exemption is being requested perform essential function(s) that cannot be performed with the existing staff resources within Livingston County? Identify all special skills, education and/or licensing requirements for the position. The pretrial investigator must be skilled in conducting investigations on defendants and applying the findings to a pretrial risk assessment tool which is an evidence based tool that will assist in determining if a defendant can safely be released and the likelihood of their return to court events. This is a specialized position in that the person must be able to have the freedom to act upon the results of investigations to gain the release of defendants or inmates who are bound for other facilities.

5. Recognizing that all Elected Officials/Department Heads are expected to provide quality supervision and be creative problem solvers, how could the department reassign work and/or personnel to get all essential work of the department done without additional hiring? Pretrial Investigation is extremely time consuming. It requires face to face interviews with each defendant, confirmation of information given by the defendants by personally contacting references and employment and the ability to consider all alternative options to incarceration. Judicial Officers do set bond based on limited and sometimes unconfirmed information. Inmates are being released to other facilities when time allows. However, in the six months before the full time pretrial services position was filled, there were three emergency jail overcrowding releases, during the year the position was filled there was not a single emergency jail overcrowding release. Within four months of the layoff of the pretrial investigator and emergency jail overcrowding occurred August 24, 2013 resulting in the release of 28 inmates.

6. Specifically list three reasonable options if your request to replace a position is denied.

1. Lapse the $11,010 in grant funds that have been approved.2. Use the $11,010 in grant funds to support an existing positon in the jail and

have them perform pretrial investigation duties.3.

7. What are the consequences of deferring the vacant position over the next several months and beyond?

Grant Funds earmarked for this position may be lapsed and jail overcrowding will become the norm.


8. What budget saving measures has this department implemented? Have additional measures been identified? Funding for the previous J level position was cut, therefore the pretrial services position was cut and the person filling the pretrial services position was laid off in April 2013.

9. What position or other costs would you be willing to drop to enable hiring – if that becomes necessary to obtain approval for hire? All of Community Corrections positions are grant funded with dedicated approved funds. It would not be possible at this juncture to modify the use of the $11,010. The funds will be lapsed if they are not used for Pretrial Investigation.

10. Please provide additional information regarding the staff of this department (i.e. organizational charts, workflow chart, staff on leaves from work/job restrictions, employee training downtime, etc.) to determine the workforce available for accomplishing the necessary tasks/services. Diane Bockhausen works 20 hours a week as the Manager of Community Corrections. Megan Rayburn works 20 hours a week as the Office Assistant for Community Corrections and Sam Hunter is the full time Community Corrections Specialist. Sam Hunter is not trained in conducting investigations however he is being partly funded as support for the pretrial investigations position in that he will be supervising defendants who are released pending sentencing and are ordered to be supervised. Sam Hunter’s duties are broken down by job function/hours dedicated and these duties and hours are fully grant funded to be dedicated to functions other than pretrial investigations. Sam Hunter will act as a support person and work in conjunction with the pretrial investigator to place individuals identified to be moved. If Sam Hunter were to function as a pretrial investigator, funding for the other duties that he engages in will be lost.

11. Is the work required by statute to be performed at the County level or can it be shared with other Counties? With local governments? The nature of the pretrial investigator is that it must be performed by a dedicated individual in the Livingston County Jail or a person with regular access to the Livingston County jail. Consultation with local governments will be required at times for the placement of inmates that can be moved to other locations.

12. Explain what services can be provided by others, private sector or non-profit? Defendants and inmates may be moved out to private sector or non profit facilities.

13. Are there other County employees with the skills and knowledge that can be transferred from another department thereby shifting the vacancy to another department where the position will not be filled? This is a very specialized position and it is doubtful that any other employees in the county would possess the gamut of skills necessitated to effectively carry out the duties of this position.

14. Has the use of temporary employees been evaluated to handle the work? Please provide explanation(s). The part time grant funded pretrial investigator will be a temporary position contingent on continued state or local funding.

15. Has the use of part-time (less than 30 hours) employees been evaluated for feasibility and cost-effectiveness to accomplish the work? Please provide explanation(s). This position will be a less than 30 hour position.


16. Has current staff been working overtime and, if so, how much is currently being worked or how much is planned to be worked per week (on the average)? No one has been assigned to fill this position which is why there was a recent emergency overcrowding release of 28 inmates.

17. Has cross-trained staff been fully utilized to maximize the output of existing staff? Please provide explanation(s). No one has been cross trained to provide pretrial investigations. There are an insufficient number of staff to cross train for this position.



RESOLUTION AUTHORIZING SUBMISSION OF THE 2013/2014 CHILD CARE FUND BUDGET TO THE STATE OF MICHIGAN – 44th Circuit Court, Family Division - Juvenile Unit

WHEREAS, the Finance Committee of the Livingston County Board of Commissioners has reviewed and

recommended approval of the submission of the 2013/2014 Child Care Fund Budget to the State

of Michigan; and

WHEREAS, the proposed budget is in the total amount of $2,096,150.00 less anticipated revenue of

$115,000.00 for a proposed net expenditure of $1,981,150.00 to be cost shared with the State of

Michigan; and

WHEREAS, the State shall also provide up to $1,000.00 for “Foster Care during Release Appeal Period”

which will be the full obligation of the State of Michigan.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby approve the

2013/2014 Child Care Fund Budget as outlined.

BE IT FURTHER RESOLVED that the Chair of the Livingston County Board of Commissioners is hereby

authorized to sign the 2013/2014 Child Care Fund Budget for submission to the State of

Michigan for acceptance.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: John Evans

Date: 09/03/13

Re: Submission of the 2013/2014 Child Care Fund Budget

The attached resolution authorizes submission of the 2013/2014 Child Care Fund (CCF) Budget to the State of Michigan.

The proposed CCF budget requests a gross expenditure of $2,096,150.00, anticipated revenue of $115,000.00 with a net expenditure of $1,981,150.00. A few changes have been made to the Courts In-Home programs in an effort to reduce rising residential placement costs.

For 2013/2014, an Intensive Outpatient Program (IOP) and the Court Appointed Special Advocate Program (CASA) will be added. The IOP program will address a significant gap in the court services to substance using youth under the court’s supervision. Currently, only option available for substance abuse treatment beyond counseling is residential in-patient treatment. Intensive out-patient treatment will provide therapeutic, intensive interventions to youth and families while the youth remains in their home and community. This will not only prevent the need for out of home placement in some cases but will also provide an option for earlier release of youth who do need in-patient treatment.

The CASA program is a proven national program that pairs adult volunteers with individual youth who are involved in the court system as a result of child protective proceedings. The “CASA” meets with the child weekly to serve various roles that include being a mentor, a listening caring adult and another source of information for the court. The CASA program has been proven to reduce long term foster care for youth and is an important tool in the goal of achieving permanent homes for children in the system.

Funding increases over 2012/2013, are also present in the Intensive Juvenile Services program and are due to the additional of two Probation officer’s added mid-year. Corresponding savings are realized in the Juvenile Court budget personnel costs. The expenditures for all CCF activities are 50% reimbursable by the State of Michigan.

Additionally, the DHS sub-account In-Home programs reflect an increase for the Family Partners program. The DHS has experienced an increase in the number of children being removed from their homes and placed in foster care. The Family Partner program helps address the factors that led to the neglect or abuse and helps families stay together or reunite much sooner. This will result in a reduction of youth in foster care and produce additional cost savings.

If you have any questions regarding this matter please contact me. Thank you for your consideration and continued support of the Livingston County Courts.

LIVINGSTON COUNTY, MICHIGANLIVINGSTON COUNTY 44TH CIRCUIT COURT,

FAMILY DIVISION – JUVENILE UNIT

204 S. HIGHLANDER WAY, SUITE 3Phone 517-546-1500 Fax 517-546-3731

Web Site: co.livingston.mi.us



RESOLUTION TO AMEND COUNTY CASH POLICY RESOLUTION 601-185 – LIVINGSTON COUNTY TREASURER

WHEREAS, the County Treasurer has determined the need for the County Cash Policy to be revised

and updated; and

WHEREAS, the County Treasurer wishes to incorporate a Startup Cash / Petty Cash policy as part of

the County Cash Policy; and

WHEREAS, clarification was needed in the daily deposit duties of the County Personnel to assure

immediate deposit of all County Assets; and

WHEREAS, the County Treasurer accepts her statutory responsibility in promulgating and enforcing

the rules and procedures of the County Cash Handlers; and

WHEREAS, all other areas of the previously adapted Cash Policy remain in effect.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby adopts

the attached amended Cash Policy for Livingston County.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY APPROVED: 9.16.13CASH POLICY Page 1 of 3 Pages RESOLUTION: #2013-09-276

LIVINGSTON COUNTY

CASH POLICYRESOLUTION #2013-09-276 LIVINGSTON COUNTY, MICHIGAN APPROVED: 9.16.13

PURPOSE AND SCOPE

This policy governs the handling of County Cash, as directed by MCLA 48.35 et seq. empowering the County Treasurer to be responsible for County funds and MCLA 46.11 empowering the County Board of Commissioners to establish rules and regulations in reference to the management of the interest and business of the county. The term “County Cash” applies to currency, coins, checks, credit card payments, electronic payment media and other negotiable instruments payable in money to the County. All moneys which come into the hands of any County Officer or employee pursuant to this policy arepublic moneys and steps shall be taken to ensure its safekeeping. MCL 750.490.

AUTHORITY IN COUNTY TREASURER

The County Treasurer is authorized to promulgate rules, subject to approval by the Board of Commissioners and prior written notification to the County Clerk and Finance Officer, for establishing the following procedures:

$ Receipt, handling and deposit by Elected Officials and employees of County Cash into the County Treasurer;

$ Method of documentation on all such transactions;

$ Regular reporting to the County Treasurer;

$ Certifying and rescinding qualification by the County Treasurer of all County employees who are authorized to receive or handle County moneys in the regular course of their employment or departmental activities;

$ Inspection of departmental cash records, including overages or shortages; and

$ Inspection of departmental practices and procedures in handling County Cash.

The County Treasurer may enforce these rules through on-site inspections; by rescinding qualification of any employee who fails to comply with the Rules as adopted and, in the event of noncompliance by a department or employee, requiring that payments be authorized by the County Treasurer, or deposited at his/her office.

DUTIES OF COUNTY PERSONNEL

Any County officer or employee who receives County Cash in the normal scope and course of his/her duties, shall:


A. County cash shall be:

1. Balanced daily.

2. A deposit prepared daily.

3. Deposit delivered daily to County Treasurer or designated courier drop-off location.

B. County cash shall be kept separate and apart from the individual’s own money and shall not be commingled with the individual’s own money, nor with the money of any other person, firm or corporation, pursuant to MCL 750.490.

C. Comply with rules promulgated by the County Board of Commissioners for handling and processing of County Cash and for documentation and dissemination of records and with departmental internal procedures.

D. Minimize manual paper transactions and recording/reporting. Increase electronic payment mechanisms such as wire transfers, credit and debit card payments and recording/reporting.

E. Notify the employee’s supervisor, County Financial Officer, and County Treasurer of any loss or theft of County money immediately upon discovery. Written notice shall be given to them no later than twenty-four (24) hours after discovery.

F. Be subject to disciplinary action (determined by appropriate Elected Official or Department Head) up to and including termination for failure to comply with departmental policies, adopted Board rules, collective bargaining agreements and/or duties described in this policy. Misappropriation of funds may result in criminal prosecution.

QUALIFICATION OF RECEIVERS AND CASHIERS

Only persons who are qualified shall receive and handle County Cash on a regular basis in the scope and course of their employment. Department Heads shall, in the first instance, designate and train employees in their department as to proper cash handling practices consistent with this policy. As a condition to qualification, the County Treasurer may require that the employee complete a course of instruction or training and/or pass an examination on the secure processing of money, consistent with the County Board adopted rules, procedures and applicable departmental rules.

DEPARTMENT DIRECTORS SHALL COMPLY WITH THE FOLLOWING PROCEDURES:

A. Assign the receiving of County Cash only to those persons who are qualified to perform those functions.

B. Maintain a system of procedures, documentation and reporting on receipt handling and deposit of County funds consistent with the County Board of Commissioners' policy.

C. Notify the County Financial Officer and County Treasurer of any continuing pattern of loss in excess of twenty dollars ($20.00), or theft of County Cash immediately upon discovery. In the event of potential theft or other recurring type of irregularity, the County Prosecutor's Office shall be notified. Written notice shall be given no later than twenty-four hours after discovery.

D. Allow the Treasurer or his/her designee to make on-site inspections and observe the processing of County Cash, and to make inspections of departmental collection records when it appears County policy may not be adhered to.


STARTUP CASH / PETTY CASH:

Departments who take payments from the public are in need of startup cash for their cash drawers. Start up cash is “cash approved by the Board of Commissioners on a case by case basis for use as start-up funds in cash drawers for making change for customers. No expenses should come out of this cash and the amount approved should always be the amount in the drawer after balancing at the end of each day.” To obtain or increase start up cash, the County Treasurer must be notified, and the department must prepare a resolution and cover letter stating the need and reasons for the request. The disbursement issuing the cash is set up as an asset in the County’s books and tracked. It is the responsibility of the County Treasurer to annually confirm the start up cash with the departments. The County Treasurer has the authority to do onsite audits of the startup cash at any time.

Departments may need Petty Cash to make incidental purchases. While this practice is discouraged the County realizes there are extenuating circumstances that warrant this process. Petty Cash is “cash approved the Board of Commissioners on a case by case basis for use to make incidental purchases where there is an immediate need and the purchase cannot be charged at the point of service. The total of the receipts in the drawer, plus the cash in the drawer, must always equal the total authorized Petty Cash Fund.” To obtain or increase Petty Cash, the department must notify the County Treasurer, and prepare a resolution and cover letter stating the need and reasons for the request. The expenditures cannot exceed the amount approved for the Petty Cash Fund. The expenditures cannot cause the budgeted line items to be exceeded. It is the responsibility of the County Treasurer to annually confirm the Petty Cash with the departments. The County Treasurer has the authority to do onsite audits of the Petty Cash at any time

RESOLUTION #2013-09-276 APPROVED: 9.16.13

S:\WP\Policies\Cash Policy.Doc RESOLUTION ATTACHED HERETO

Memorandum


From: Jennifer M. Nash, Livingston County Treasurer


Re:Amendment to County Cash Policy Resolution 601-185

Part of the implementation process related to the ERP (Enterprise Resource Planning) project was to review and revise if necessary all of our related policies. During the review of the County’s Cash policy I realized there were some changes that needed to be made.

We did not have a policy in place for the Startup Cash and Petty Cash moneys that some departments have on hand in their offices. Therefore we have incorporated that policy in the Cash Policy.

We wanted to clarify the importance of daily depositing of cash, and didn’t feel it was clear in the prior policy. That has been put in language that is no longer ambiguous as to the intent.

The other change is the acceptance by my office of the statutory responsibility for promulgating and enforcing the rules and procedures of the County Cash Handlers. I know this is my statutory responsibility and embrace it fully.

Please let me know if you have questions, I am available at X 8859 for any questions you may have.

LIVINGSTON COUNTY, MICHIGANLIVINGSTON COUNTY TREASURER

200 E. Grand RiverHowell, MI 48843

Phone 517-546-7010Fax 517-545.9638

Web Site: livingstonlive.org



RESOLUTION TO AMEND RESOLUTION 1201-428 – RESOLUTION TO ADOPT A COUNTY FIXED ASSET POLICY FOR LIVINGSTON COUNTY – LIVINGSTON COUNTY TREASURER

WHEREAS, the County Treasurer in conjunction with the County Administration/Finance Department

has determined the Fixed Asset Policy for Livingston County needs to be updated by

amendment; and

WHEREAS, the Fixed Asset Policy needs to be updated in two areas: cost threshold and clarification

of large quantity purchases; and

WHEREAS, the current cost threshold is $10,000.00 and the threshold under the amended policy

should be $25,000.00; and

WHEREAS, the purchase of items – in quantity – that INDIVIDUALLY do not meet or exceed the

$25,000.00 cost threshold should NOT be capitalized; and

WHEREAS, the attached amended Fixed Asset Policy will further enhance the consistency, efficiency

and effectiveness of the Fixed Asset functions in the County and is compliant with GASB

34; and

WHEREAS, all other areas of the previously adopted Fixed Asset Policy remain in force.


the Amended Fixed Asset Policy for Livingston County.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum

To: Livingston County Board of Commissioners - Finance Committee

From: Jennifer M. Nash, Livingston County Treasurer


Re:Resolution to amend Resolution 1201-428- “Resolution to Adopt a County Fixed Asset Policy for Livingston County”

Part of the implementation process related to the ERP (Enterprise Resource Planning) project was to review and revise if necessary all of our related policies. The increase to the cost threshold we are requesting for the fixed assets, ties to the purchasing policy revision which in turn relates to today’s business environment. Prices/costs have changed in twelve(12) years!

The clarification of “individual item purchases in quantity” has been needed all along…nothing new, just a clarification of the intent when the previous policy was written.

Please, as always, give me a call at my office if you have any questions. (X8859)

LIVINGSTON COUNTY, MICHIGANLIVINGSTON COUNTY TREASURER

200 E. Grand RiverHowell, MI 48843

Phone 517-546-7010Fax 517-545.9638

Web Site: livingstonlive.org

LIVINGSTON COUNTY APPROVED: 09.16.13FIXED ASSET POLICY Page 1 of 2 Pages RESOLUTION: #2013-09-277

LIVINGSTON COUNTY

FIXED ASSET POLICYRESOLUTION #2013-09-277 LIVINGSTON COUNTY, MICHIGAN APPROVED: 09.16.13

RESOLUTION #1201-428 APPROVED: 12.3.01

PURPOSE AND SCOPE

This policy shall govern the recording and tracking of County owned fixed assets. The intent of the Board of Commissioners is to insure a proper accounting of fixed assets in accordance with generally accepted accounting principles. An accounting component records the value of each fixed asset acquired and maintains records for financial reporting. A property management component maintains information regarding the custody, condition, and location of each item.

GENERAL POLICY

Fixed assets shall include “assets of long-term character that are intended to continue to be held or used, costing $25,000 or more with a three year minimum useful life”:

Land

Buildings & Building Improvements

Improvements other than buildings (parking lots)

Machinery & Equipment (including vehicles)

Construction in progress

An exception is the purchase of fixed assets with federal and state grants. A grant subsystem within the fixed assets management system will be established to track grant purchases costing $5,000 or more.

Small and attractive assets costing less than $25,000 will be expensed from the appropriate account in the purchase year. An inventory will be maintained for computer equipment, copy machines, furniture and small/attractive assets-department specific. Please reference the attached definition for small and attractive assets.

RESPONSIBILITIES OF COUNTY PERSONNEL

A. The County Administrator shall be responsible for the financial reporting and property management of all fixed assets, excluding statutory requirements. The following information will be kept in inventory records for all fixed assets:

• Tracking number

• Description

• Item’s location and use

• Item’s asset class (i.e., vehicle, property)

• Item’s status (active or inactive)

LIVINGSTON COUNTY APPROVED: 09.16.13FIXED ASSET POLICY Page 2 of 2 Pages RESOLUTION: #2013-09-277

• Model & serial number

• Item’s value

• Date acquired

• Useful life and expected replacement year

• Salvage and fair market value

• Date and method of disposal

• Last inventory date

• Grant purchase, if applicable

The County Administrator shall develop administrative procedures to ensure proper purchase, transfer, and disposal of fixed assets as defined in this policy.

B. Elected Officials and Department Directors shall be responsible for all fixed assets and small/attractive assets within their department.

Small and Attractive Assets are identified as assets that fall below the County’s capitalization policy and are at risk or vulnerable to loss. The following list is provided by way of example; however, it isn’t intended to be all inclusive. Each department shall perform a risk assessment to determine those assets that are at risk or vulnerable to loss and maintain records indicating pertinent acquisition and disposal information.

• Communication Equipment: Cellular phones, pagers, etc.;

• Weapons, Firearms and Accessories;

• Microcomputers Systems, Laptop and Notebook Computers;

• Other IT Accessory Equipment (i.e., palm pilots, scanners, etc.);

• Cameras;

• Small Office Equipment;

• Audio Video Equipment.

RESOLUTION #2013-09-277 APPROVED: SEPTEMBER 16, 2013

RESOLUTION ATTACHED

S:\WP\Policies\Fixed Asset Policy REV 2013.doc



RESOLUTION TO AMEND RESOLUTION #801-261 TO ADOPT AN AMENDED PURCHASING POLICY AND PROCEDURES MANUAL FOR LIVINGSTON COUNTY – PURCHASING DEPARTMENT

/ FINANCE / BOARD

WHEREAS, the Purchasing Department has determined the need for the Purchasing Policy and Procedure Manual be revised and updated; and

WHEREAS, the Purchasing policy needed to be updated in two areas: dollar thresholds and descriptionsof the purchasing process; and

WHEREAS, dollar thresholds have been updated to define that no Purchase Order is required for purchases under $500, Department Director/Elected Official authorization has been increased from $1,000 to $3,000, and the Board authorization has been increased from $10,000 to $25,000; and

WHEREAS, descriptions of the purchasing process that referred to a manually system havebeen updated.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioner’s

adopts the attached amended Purchasing Policy and Procedures Manual for

Livingston County, effective immediately.

BE IT FURTHER RESOLVED that said amended Purchasing Policy and Procedures

Manual superseded any and all other polices in effect for the Livingston

County regarding the subject matter contained therein.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY PURCHASING POLICY AMENDED: 9.16.13AND PROCEDURES MANUAL Page 1 of 14 Pages RESOLUTION: #2013-09-278

LIVINGSTON COUNTY

PURCHASING POLICY AND PROCEDURES MANUAL

RESOLUTION #2013-09-278 LIVINGSTON COUNTY, MICHIGAN APPROVED: 9.16.13



INTRODUCTION

Purchasing Function Statement: Purchasing is responsible for the facilitation of purchasing goods and services and the disposal of County property deemed surplus.

The Livingston County Board of Commissioners recognizes the purchasing function as vital for the prudent expenditure of County funds.

The County also recognizes the importance of combining authority / facilitation and decentralized function effectively to promote standard volume purchases for all divisions including the use of cooperative purchasing arrangements. One of the most important ingredients of a sound purchasing process is to have written policies and operating procedures that are clear and concise.

These policies and procedures give the purchasing function a foundation from which to operate and ensure that purchasing is conducted in a fair and consistent manner.

Although compliance with policies and procedures is essential, judgment must be exercised to ensure reasonable cooperation with potential vendors and contractors.

Potential vendors, as well as County employees, Department Heads and Elected Officials must be aware of two (2) basic principles underlying the County’s total contracting program.

First and foremost, contracts are awarded by a competitive process whenever possible. Open competition ensures that all qualified vendors have the opportunity to sell to the public sector.

Second, contracts are awarded only to contractors proven to be responsive / responsible. In this measurement the following guidelines are utilized:

Adequate financial resources to carry out the contract commitments;

Ability to comply with delivery requirements;

Satisfactory record of performance;

A satisfactory record of integrity;

Ability to secure adequate bonding and insurance appropriate to the contract; and,

Being otherwise qualified and eligible.

PURCHASING POLICY

INTENT: To maximize the purchasing power and value of public funds through a procurement policy that maintains a system of quality and integrity; and promotes efficiency, effectiveness and equity in


public purchasing. It is the goal of this policy to recognize the obligation to the taxpayers to maximize the purchasing power of public funds to gain the best value for our residents. The County will comply with all applicable federal and state laws concerning public purchasing.

DEFINITIONS:

1. APPROPRIATION: Sum of money from public funds set aside for a specific purpose; legislative authorization to expend public funds for a specific purpose.

2. COMPETITIVE SEALED BID: Method for acquiring goods, services and construction for public use in which award is made to the lowest responsive and responsible bidder, based solely on the response to the criteria set forth in the bid documents, and does not include discussions or negotiations with bidders.

3. CONTRACT: Any agreement entered into by the County for the procurement of supplies, materials, equipment, contractual services or construction, but not including collective bargaining agreements.

4. COOPERATIVE PURCHASING: The combination of procurement requirements of two (2) or more public agencies in order to obtain the benefits of volume purchases and/or reduction in administrative expenses.

5. ENCUMBRANCES: Setting aside funds; funds previously committed.

6. PROFESSIONAL SERVICES: Services rendered by members of a recognized profession which involve extended analysis, exercise of discretion, and independent judgment in their performance, and an advanced, specialized type of knowledge, expertise or training customarily acquired either by a prolonged course of study or equivalent experience in the field, and thus are unique and not subject to price competition in the usual sense.

7. PURCHASING: The act and process of procuring equipment, materials, supplies, and services. This includes the process of buying or leasing including determination of need, selection of vendor or contractor, arriving at a fair and reasonable price and terms, preparation of contract or purchase order and follow-up to ensure timely delivery. Purchasing does not include the regular personnel services and labor of County employees or charges for non-capital public utility expenditures.

8. QUALITY BASED SELECTION: Vendor selection based on demonstrated competence and qualifications followed by contract negotiation with the most qualified firm relative to fair and reasonable compensation.

9. REQUEST FOR PROPOSALS: A method for acquiring goods, services and construction for public use in which other factors will be considered in the selection of vendor in addition to price, or when there is not sufficient information to prepare a specification suitable for competitive sealed bidding, or when it is expected that negotiations with one or more vendors may be required with respect to any aspect of the requirements.

10. RESPONSIBLE BIDDER: A prospective vendor who has the capacity in all respects to perform fully the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

11. RESPONSIVE BIDDER: A prospective vendor who has submitted a bid which conforms in all material respects to the requirements stated in the invitation for bids.

12. TOTAL COST PURCHASING: Product selection based on operational efficiency or total projected cash flows for the life of the asset; including the cost of acquisition, operating and maintenance costs, disposal costs, etc.


ENCUMBRANCE OF FUNDS:

EMERGENCY; UNENCUMBERED FUND BALANCE: Except in an emergency, no purchase or contract shall be entered into unless there is sufficient unencumbered balance within the activity or departmental sub-account from which the purchase or contract is to be paid.

LONG-TERM CONTRACTS: A contract for supplies, equipment or services may be entered into for up to five (5) years provided that funds are available for the first fiscal period at the time of issuance. Payment and performance obligations for succeeding periods shall be subject to the availability and appropriation of funds as set forth in the annual budget.

COOPERATIVE PURCHASING: The County may join in cooperative purchasing arrangements with the State of Michigan and other government units. The County may accept extended government pricing with appropriate documentation, if it is determined by County Administration or the Board of Commissioners to be cost-effective and in the County’s best interest.

LOCAL PREFERENCE: The procurement system is designed to preserve the integrity of Livingston County and promote fair and pure competition for County business. At the same time, when all other factors are equal, vendors/contractors located in Livingston County shall be preferred in the award of purchase orders and contracts in the procurement of goods and services.

PURCHASING AUTHORITY:

PURCHASES LESS THAN $25,000.00: The County Administrator or his/her designee, if appropriations are approved by the Board of Commissioners in the appropriate annual department budget, is authorized to make purchases and contracts in an amount not to exceed $25,000.00, without further approval of the Board of Commissioners. Purchases or contracts may be made utilizing the most practical and reasonable procurement method that maximizes the county’s purchasing power or require the solicitation of price quotations. This provision shall not apply to purchases or contracts where quotations are impractical. Such purchases or contracts shall need to contain appropriate documentation.

PURCHASES EXCEEDING $25,000.00: Formal Competition Required. Purchases or contracts estimated to exceed $25,000.00 may require “formal” competition as deemed appropriate, including but not limited to competitive sealed bids, requests for proposals, quality-based selection, negotiated purchases, etc. The award shall be made by the Board of Commissioners.

CHANGE ORDERS. Change orders to contracts authorized by Board of Commissioners including construction contracts, shall be authorized by the County Administrator without further Board of Commissioners approval if there are funds budgeted to cover said change order, and provided that the change order does not alter the scope of the original contract; and the amount of the change order does not exceed ten percent (10%) of the original contract amount.

PROFESSIONAL SERVICES: Procurement of professional services will follow the monetary criteria established above; however, services may be procured through a request for proposals or quality-based selection, as deemed practical and reasonable. Award shall be made to the offeror determined to be best qualified based on the evaluation factors set forth in the selection process and negotiation of fair and reasonable compensation.

NO DIVISION OF PURCHASE: Contracts or purchases shall not be artificially divided to circumvent the purchasing procedures in this policy. An aggregate of regular, reoccurring purchases shall be determined on an annual basis; for example, gasoline, paper products, cleaning supplies, ammunition, etc.

SALE OR DISPOSAL OF PERSONAL PROPERTY: Other than vehicles, any salvage, surplus material or equipment so determined by the Department Head may be disposed. The purchasing agent shall


determine the value of the salvage, surplus material or equipment. If the value is less than $500.00 the County Administrator may dispose of the surplus in a manner which is determined to be in the best interest of the County. If the value is equal to or greater than $1,000.00 the Board of Commissioners may dispose of the surplus in a manner which is determined to be in the best interest of the County.

COUNTY VEHICLE: The Livingston Essential Transportation Service Director is delegated, with the approval of the County Administrator, to dispose of vehicles removed from County service using generally accepted standards within the automotive industry.

EMERGENCY PURCHASES: Whenever there is an imminent threat to the public health, safety or welfare of the County or its citizens, the Chairman of the Board of Commissioners or the County Administrator, in his/her absence, shall authorize the award of a contract, utilizing competition as may be practical and reasonable under the circumstances, for the emergency purchase of supplies, materials, equipment, services or construction. Such purchase must be reported to the County Commissioners as soon as possible.

WAIVER BY BOARD OF COMMISSIONERS: The Board of Commissioners reserve the authority to waive any regulations or procedures pertaining to purchasing contained in this Policy, if the Board of Commissioners deems it in the best interest of the County to do so.

VENDOR SUSPENSION: The Financial Officer or designee shall have the authority to recommend suspension of vendors whose performance of County contracts and purchase orders has been materially deficient. Suspension shall include, but not limited to, removal from the bidders list, non-consideration of bids or quotes submitted, cancellation of awards and other procedures to prevent the suspended vendor from receiving County business. Temporary suspension may be approved by the County Administrator. Permanent suspension must be approved by the Board of Commissioners. Reinstatement from permanent suspension must be approved by the Board of Commissioners before any new contracts or purchases will be issued.

CONTRACTS OF PUBLIC SERVANTS: All county employees, officers (public servants) and Elected Officials shall conduct themselves in conformity with 1968 PA 317, MCL ' 15.321, et seq.; MSA '4.1700 (51) et seq. This Act establishes standards in respect to governmental decisions and conflicts of interest arising out of the solicitation, negotiation, or approval of contracts between the public servants and public entities such as the County. 1

SALES TAX EXEMPTION: The County shall not be charged or pay sales tax. Livingston County, as a Michigan Constitutional Corporation, is exempt from sales tax per Act 167 of Public Acts established in 1933. Per Section 4 of the General Sales Tax Act, MCL ' 205.54(7); MSA ' 7.525(4)(7), and Michigan Sales and Use Tax Rule, 1979 AC, R205.79, provides that sales to the United States government, the State of Michigan, and their political subdivisions, departments and institutions are not taxable when ordered on a Purchase Order and paid for by warrant on government funds. In the alternative, the government may claim exemption at the time of purchase by providing the seller with a signed statement to the effect that the purchaser is a governmental entity.2 This position was affirmed by the Michigan Department of Treasury through its Revenue Administrative Bulletin 1990-32, approved on October 11, 1990.

Under above-referenced documents, the State of Michigan maintains that Livingston County is not required to have a sales tax exemption number and that unless a purchase is paid for by warrant on

1

See Attached Appendix #1

2 Reference Livingston County Signed Statement attached as Appendix #2


governmental funds (with a Livingston County check), the seller does not have to exempt the sale. The issuance of a Livingston County Purchase Order or a Michigan Sales Tax Exemption Certificate does not, by itself, mandate the seller to exempt the sale. Therefore, all departments, divisions, and Elected Officials shall utilize Livingston County’s Purchase Order and accounts payable system to the fullest extent possible when purchasing and paying for tangible personal property while still adhering to the other provisions within this Purchasing Policy.

ADOPTION OF PURCHASING PROCESS: Based on the foregoing purchasing policies adopted by the Board of Commissioners, the County Administrator is empowered to adopt and amend as necessary any purchasing processes necessary to carry out this policy. A copy of the purchasing processes and any subsequent amendments shall be sent to all Department Heads, Elected Officials and Board of Commissioners.

ADOPTION: This revised policy is adopted by the Board of Commissioners of the County of Livingston at a meeting thereof held on September 16, 2013.

EFFECTIVE DATE: This policy shall become effective immediately.

PURCHASING DIVISION PROCEDURE MANUAL

Purchasing Division is available to provide multiple levels of support/ consultation/facilitation with all departments and activities, depending on the department’s level of need, to expedite the purchase of requested goods and services. Purchasing can assist in resolving any questions you may have interpreting or applying the purchasing policy and procedures manual. Further, purchasing is developing and maintaining a listing of potential vendors; and is your source for information concerning grouped purchases, blanket purchase orders, bidding, State volume purchasing and other cooperative purchasing programs. Purchasing will also:

Assist in determining the best method of solicitation

Advise whether a proposed purchase can be made most efficiently using a blanket purchase order, grouped purchase, or some other option; and,

Assist in the budgeting aspects of purchasing by determining if sufficient funding is budgeted for proposed purchases; and if necessary, arrange for budget transfers from accounts available funds.

Schedule for Sub-committee or Finance Committee meetings if Board authorization is required.

For your information, upon receiving a Purchase Order the Purchasing Division shall take the following action:

1. Assure that appropriate departmental authorizations have been secured.

2. Consolidate with other department requisitions of a similar kind if feasible.

3. Assure that all prices are F.O.B. destination.

4. Review prices against previous costs incurred for similar purchase to determine that they are reasonable.

5. Compare specifications against actual bids received to assure that there is material conformity.

6. Assure that all supporting documentation is provided and properly signed if applicable, including but not limited to: bid tabulations & recommendations, certificates, warranties, maintenance & service agreements, insurance, etc.


7. Contact department, if necessary, to discuss any changes and for clarification of any details.

8. Process the Purchase Order in an expeditious and timely manner once it has been determined that the request is appropriate, accurate, complete and in conformance to all established Purchasing Policy and Procedure. If necessary, schedule matter for Sub-committee or Finance Committee agendas for Board authorization to proceed with purchase.

9. Purchasing shall have authority to make and approve any changes or corrections as may be necessary with respect to Purchase Orders; with the exception, however, that a Purchase Order may not be corrected for the purpose of changing from one supplier to another. Change of vendor shall require cancellation of the old Purchase Order and issuance of a new Purchase Order. Any changes in price, quantity and other factors relative to the Purchase Order must be made by a Purchase Order Change Order. Dependent upon dollar amount, proper authorization may be required.

PURCHASING REQUIREMENTS

AMOUNT OF PURCHASE

LINE ITEM BUDGETED FUNDS

NECESSARY

CONTACT TO INITIATE PURCHASE

TYPE OF QUOTE NEEDED

AWARD AUTHORIZATIONREQUIRED BY

$50 AND UNDER /PETTY CASH

YESDEPARTMENT

HEADN/A DEPARTMENT HEAD

LESS THAN $500 YES DEPARTMENT HEAD

N/A NO PURCHASE ORDER REQUIRED

$500.01 - $3,000 YESDEPARTMENT

HEADVERBAL /

DOCUMENTEDDEPARTMENT

HEAD

$3,000.01 - $25,000 YES PURCHASING

DOCUMENTED,WRITTEN, SEALED

BIDS, RFP OR,QBS

COUNTY ADMINISTRATOR OR

DESIGNEE

OVER $25,000 YES PURCHASINGSEALED BIDS,RFP, OR QBS

BOARD OF COMMISSIONERS

RECEIVINGDEPARTMENT HEADS ARE RESPONSIBLE FOR DETERMINING THE PROPER QUANTITY AND QUALITY OF

GOODS RECEIVED BEFORE FORWARDING THE INVOICE FOR PAYMENT BY THE COUNTY.

PETTY CASH: For limited situations, when the purchasing process and claims process are prohibitive, purchases of less than $50 may be made using Petty Cash. Employees so authorized may pay out-of-pocket cash for items purchased for County use and be reimbursed by the County upon presenting aproperly completed Petty Cash Reimbursement Form.3 The Petty Cash Reimbursement Form shall include the following:

Date and department;

Purpose or description of items procured;

Account Number;

Exact dollar amount expended;

Signature of employee requesting reimbursement; and,

3

Reference Petty Cash Reimbursement Form attached as Appendix #3


Signature of Department Head or designee authorizing reimbursement.

An appropriate vendor receipt or other documentation must accompany each Petty Cash Reimbursement Form.

Petty Cash is intended solely as a means of providing reimbursement of incidentals on non-recurring expenditures.

LESS THAN $500: To streamline the purchasing process, purchases of less than $500 do not require a Purchase Order.

LESS THAN $3,000: To streamline the purchasing process, purchases of less than $3,000 may be made directly by authorized personnel subject to the following:

1. Each Department Head shall submit to Purchasing a list 4 (to be periodically updated) of all employees empowered to authorize these purchases.

2. A determination shall be made that funding is available in the current budget to cover the expenditure. If funding is not available, a budget transfer or amendment shall be made.

3. A requisition prepared by the requesting department including all supporting documentation shall be forwarded to Purchasing for review, authorization and issuance of a purchase order.

4. Orders are to be placed only with vendors that are deemed to be the most responsive / responsible, utilizing competitive selection whenever possible. When orders are placed, the employee’s name and department must appear on the invoice. All Purchase Orders shall have5 terms and conditions attached.

3. After goods have been received in acceptable condition, the Department Head or designee shall sign on the vendor invoice or other document evidencing proof of purchase and receipt. This invoice will then be processed following the Claims and Payables policy.

4. All invoices must bear an appropriate departmental account number and a reference to specific purchase order number.

5. Purchasing reserves the right to revise certain commodities to be procured centrally through Purchasing.

$3,000.01 - $25,000: Purchase of commodities, equipment or services anticipated to be $3,000.01 -$25,000 shall normally require three (3) quotes utilizing the most practical and reasonable procurement method that maximizes the county’s purchasing power or require the solicitation of price quotations. formal process as deemed appropriate, i.e. quote on company letterhead6, sealed bids, RFP’s etc.

1. All requirements provided for in purchase of less than $3,000.

2. The need shall be identified and an informal specification written defining all features of the proposed purchase.

3. A determination shall be made that funding is available in the current budget to cover the expenditure. If funding is not available, a budget transfer or amendment shall be made.

4. A requisition prepared by the requesting department including all supporting documentation shall be forwarded to Purchasing for review, authorization and issuance of a Purchase Order.

4

Reference Authorized List attached as Appendix #4

5Reference Livingston County Purchase Order attached as Appendix #5

6Reference Livingston County Quotation Tabulation Worksheet attached as Appendix #6


IN EXCESS OF $25,000: For purchases of commodities, equipment or services anticipated to be in excess of $25,000, specifications are to be developed and an advertisement shall be placed in the local newspaper and may be placed in professional publications. RFP’s, sealed bids or QBS process will be utilized. (See following RFP, Sealed Bid or QBS Procedures).

1. All procedures provided for in previous purchases shall also be applicable to this section with the further requirement that:

Depending upon the complexity of the procurement sealed bids, RFP, or QBS process may be required as mutually agreed upon between Purchasing and the requesting department.

2. Recommendations resulting from proposals or bids received shall be submitted to the appropriate Committee/ Board for approval.

☼: If less than the required three (3) quotes are received and the person(s) soliciting the bids can illustrate due diligence, action may be taken on the quotes that were received.

NOTE: All purchases of PC’s and related technology equipment shall be coordinated through the Information Technology Department.

BLANKET PURCHASE ORDERS AND COOPERATIVE PURCHASING: Whenever possible, blanket purchase orders will be issued to establish vendors that more than one (1) department utilizes for day-to-day supplies or services or for bid awards. Purchasing shall designate what level of activity constitutes issuance of a blanket purchase order and will notify all departments of the existence of the blanket purchase order. Additional purchasing cooperatives should be used whenever possible. Under this method, the purchasing power of several governmental units is combined to purchase items such as office supplies, computers or vehicles. Purchasing should be contacted for a list of cooperatively purchased items. Grouped purchases additionally benefit the County when a single product, i.e. copy machines, is purchased in volume for several County Departments. Bundling of single-item purchases can add value through economies of scale.

RECEIVING FUNCTION: The requisitioning department shall be responsible for the administration of all receiving functions necessary to obtain the goods they have requested. Departments shall exercise care to ensure that the quality and quantity of delivered goods conforms to the conditions specified by Purchase Order. Departments shall implement any receiving procedures deemed appropriate to manage this function, subject to review by Purchasing. Any difference in the produce / service ordered and the product / service received shall be reported to Purchasing for resolution before authorizing the receiving report.

SEALED BID PROCEDURES

Identify the need, commodity, equipment, professional service or construction project and prepare a detailed bid specifications packet. If you need assistance preparing the information contact Purchasing.

A Notice of Invitation for Bids 7 shall be published at least once in a newspaper of general circulation in Livingston County or in trade journals. Publication shall precede the due date for submitting bids by a minimum of fourteen (14) calendar days, complex bids should allow more time. The Invitation for Bids shall include:

7

Reference Notice of Invitation for Bids example attached as Appendix #8


A concise description of the items to be purchased;

The Department/location where detailed specifications may be inspected and obtained;

Contact person;

The date, time and place for submitting sealed bids and the procedure;

The date, time and place the sealed bids will be opened and read aloud;

Bid deposit requirements, if any;

Any other information deemed appropriate.

The Notice of Invitation for Bids shall be emailed to vendors identified for the appropriate commodity. All vendors that request the bid specifications packet shall be issued one.

When deemed appropriate by Purchasing, a bid deposit not less than five percent (5%) of the amount bid and/or payment and performance bonds may be required of bidders. The deposit may be made by posting an appropriate bid bond, cashier’s check, money order or a certified check made payable to Livingston County submitted along with the bid. No other form of bid deposit is acceptable. Bid deposits of unsuccessful bidders shall be promptly returned. Bid deposits of bidders who refuse or otherwise fail to enter into a contract tendered to them shall be forfeited to the County as liquidated damages. Payment and performance bonds are required by State Law on all construction contracts exceeding $50,000.

Bids shall be received by Purchasing in sealed envelopes, clearly marked with the vendor name and bid name. Bids shall be received up to the deadline for submitting bids. When received, the bids shall be marked with the date and time of such receipt.

Sealed bids shall be opened and read aloud in accordance with the Invitation for Bids. Any person may attend the opening and inspect all bidding documents. Representatives from the requesting Department and Purchasing shall be in attendance to document formal bid openings.

Purchasing shall be responsible for preparing a record of all bids. A copy of the record, together with all bidding documents, shall become public record available for inspection and copying for six (6) years after execution of the contract with the vendor. If the successful bidder was other than the lowest responsive and responsible bidder, the requesting Department shall also document the reasons therefore on the record.

REQUEST FOR PROPOSALS (RFP)

Request for proposals are normally used in a similar context as a sealed bid. Request for proposals are normally utilized to secure outside professional services such as legal, medical, architectural engineering, consulting, research, education / training and auditing / accounting. Specifications usually define a problem or a specific need and give competing vendors latitude in submitting a custom proposal on how to satisfy the requesting department’ specific needs in the most efficient manner 8.

PROFESSIONAL SERVICES / QUALIFICATIONS-BASED SELECTION

Qualifications-Based Selection (QBS) has received national and state attention in the public sector through legislation for many years. In 1972, the federal government enacted Public Law 92-582 8

Reference Request for Proposal attached as Appendix #9


(The Brooks Selection Bill) covering the selection of architects and engineers based on qualifications. In 1987, the Michigan Legislature passed House Concurrent Resolution #206, which provided a documented understanding of the process. QBS, which is a fair and rational procedure that facilitates the selection of a design professional on a basis of qualifications and competence in relation to the scope and needs of a particular project, shall be used for obtaining architectural, engineering, land surveying, and other related professional design services on Livingston County public projects. The QBS process, as outlined in the publication, Qualifications-Based Selection of Design Professionals, by Qualifications-Based Selections, Inc., or a modified version thereof suitable to the project being undertaken, will include all or some of the following steps:

1. The general scope of the work is identified.

2. A selection schedule is established.

3. A list of professional firms is developed.

4. Qualification documents are requested.

5. Qualification documents are evaluated.

6. A short list of firms to be interviewed is composed.

7. Interviews are conducted.

8. Firms are ranked for selection.

9. A contact is negotiated with the top-ranked firm.

a. If an agreement cannot be reached, those negotiations are ended and negotiations are begun with the second-ranked firm, and so on down the line, until an agreement is reached and a firm selected.

10. All firms involved receive post-selection communications.

Qualifications-Based Selection may be used for the selection of other, non-federally funded, professional services as deemed appropriate by Purchasing and the Department Head, Elected Official or their designee from the requesting department. These other, non-federally funded, professional services shall include, but not limited to, the following:

1. Financial Advisors.

2. Construction Managers.

3. Attorneys / Bond Counsel.

4. Underwriters.

5. Auditors - Certified Public Accountants.

6. Third-Party Administrators.

7. Environmental and Geotechnical Services.

8. Architects.

9. Consultants.

10. Surveyors.

11. Engineers.

12. Appraisers.

13. Medical Services

14. Research.


When deemed appropriate to utilize the QBS process in the selection of professional services, this process shall be carried out through the establishment of a QBS Committee. This Committee will be charged with the responsibility of implementing the QBS process at a level commensurate to the project at hand and to provide a recommendation to the Livingston County Board of Commissioners.

SINGLE-SOURCE BIDS

Single-source bids are used when a particular item or service must be procured and is only available from one (1) source. Research and documentation must be presented justifying this type of purchase. The attached Single-Source Vendor Form may be used as documentation 9. The use of Sole-source designation must be minimized to promote competition.

EMERGENCY PURCHASE

Whenever there is an imminent threat to the public health, safety or welfare of the County or its citizens or its property, the Chairman of the Board of Commissioners or the County Administrator, in his/her absence, shall authorize the award of a contract, utilizing competition as may be practical and reasonable under the circumstances, for the emergency purchase of supplies, materials, equipment, services or construction. Such purchase must be reported to the County Commissioners as soon as possible.

DISPOSITION OF SURPLUS AND SCRAP

I. DEFINITION OF SURPLUS AND SCRAP.

A. ITEMS SUBJECT TO DISPOSITION SHALL MEAN:

(1) Surplus - Items owned by the County exceeding current needs, likely to exceed future needs, but still useful and of value; also referred to as “excess supplies.”

(2) Scrap - Property owned by the County that is of no further use to the County because of the effects of time, use or accident; also referred to as “obsolete equipment.”

B. DISPOSITION BY INTERDEPARTMENTAL TRANSFER.

(1) Purchasing shall coordinate, whenever feasible, the disposition requirements of each department in order to transfer items between departments, as such activity (when possible) would be economically beneficial to the County.

(2) The value at which the property is transferred shall be the book value of the asset as carried on the accounting records.

(3) The physical transfer of items shall be the responsibility of the operating departments.

(4) Purchasing shall report all such transfers to the Treasurer’s Office.

C. DISPOSITION BY TRADE-IN. When deemed appropriate by Purchasing, bid documents used for the purpose of purchasing new equipment to replace obsolete equipment may include a description of the old equipment to be replaced. In such bids, the price of the new equipment would be listed by bidders, the trade-in amount would be shown, and the net amount would represent the total bid. It shall be indicated in the bidding documents that the County reserves

9

Reference Livingston County Single-Source Vendor Form attached as Appendix #10


the right to purchase the lowest priced new equipment either inclusive or exclusive of trade-in value of old equipment depending upon the relative economics of each option.

D. DISPOSITION BY SALE. Any salvage, surplus material or equipment so determined by the Department Head may be disposed. Purchasing shall determine the value of the salvage, surplus material or equipment. If the value is less than $3,000, the County Administrator may dispose of the surplus in a manner which is determined to be in the best interest of the County. If the value is equal to or greater than $3,000, the Board of Commissioners may dispose of the surplus in a manner which is determined to be in the best interest of the County. If the surplus is disposed of by public sale, the following regulations will apply:

(1) Purchasing shall post items for sale at an on-line auction site. Advertisements of sale may also be published in any newspaper or magazine likely to generate interest in the items being sold. Offers for surplus and scrap shall be sold to the highest bidder.

(2) The conditions governing the sale shall include, but not necessarily limited to the following:

a. All interested parties shall be afforded sufficient opportunity to inspect any items offered for sale.

b. The County shall neither warrant nor guarantee any items sold.

c. The County shall endeavor to list all known and major defects; although the County shall not be held liable and claim that all defects are known. All items shall be sold as-is.

d. No sale shall be invalid due to defects discovered after the sale, and all sales are final.

e. The County shall assume no responsibility nor in any way be held liable once the items are sold.

f. Upon notification of award, buyer shall make payment in full to County at the appropriate office with a certified check or any equivalent form of payment deemed acceptable by the Treasurer.

g. Surplus or scrap shall not be released by operating department responsible for its storage until proof of payment has been presented by buyer.

h. Buyer shall remove, at his own expense and within forty-eight (48) hours of being notified of the award, all items purchased.

(3) Purchasing shall submit a full report to the Board of Commissioners on the results of all disposition sales.

E. DISPOSITION BY AUCTION. When deemed to be in the best economic interest of the County, the Board of Commissioners may hire an auctioneer for the purpose of conducting a public auction for the disposal of surplus and scrap. Unless otherwise provided for, all monies derived from sale or auction shall be credited to the general fund account of the County.

F. DISPOSITION OF FIREARMS AND WEAPONS. In the interest of protecting public safety, the disposition of firearms and weapons purchased with County funds shall be disposed of by the Sheriff’s Department when necessary and in conformance to any procedures implemented by the Department for that purpose after review and approval by the Sheriff and Livingston County Board of Commissioners.


INSURANCE REQUIREMENTS

Insurance is required for services performed on County property, multiple deliveries of goods and contracted work acquired through the purchasing process. The types and amounts of coverage may vary with the service performed and should be discussed with Purchasing so that the requirements may be included in quotes, bids or RFP documents. It is important to advise the vendor at the time of quoting, bidding or proposing of the insurance requirements. Purchase Orders will not be authorized without proper insurance, nor shall work commence.

TYPE OF INSURANCE MINIMUM REQUIREMENTS

COMPREHENSIVE GENERAL LIABILITY (INCLUDING BODILY

INJURY, PROPERTY DAMAGE AND PRODUCTS LIABILITY

$1,000,000 AGGREGATE, PRODUCTS LIABILITY /$1,000,000 EACH OCCURRENCE

COMPREHENSIVE AUTOMOBILE LIABILITY (INCLUDING

HIRED AND NON-OWNED VEHICLES, BODILY INJURY AND

PROPERTY DAMAGE)$1,000,000 COMBINED SINGLE LIMIT (CSL)

WORKER=S COMPENSATION

EMPLOYERS= LIABILITY / STATUTORY - MICHIGAN$100,000

COVERAGES:

1. All liability policies must be written on an occurrence form.

2. Comprehensive general liability includes, but is not limited to: consumption or use of products and contractual liability.

3. A Certificate of Insurance must include the following additional insured endorsement for commercial general liability and motor vehicle liability insurance:

“Livingston County, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. This coverage shall be primary to the Additional Insureds and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess.”

4. Worker’s Compensation Insurance, Commercial General Liability and Motor Vehicle Insurance must include an endorsement stating the following:

“Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days’ written notice to the certificate holder named to the left.”

5. If any of the required coverages expire during the term of a contract or Blanket Purchase Order, the contractor or vendor shall deliver renewal certificates and/or policies to the County of Livingston at least ten (10) days prior to the expiration date.

6. Certificates of Insurance will be maintained by Purchasing. Be sure to forward a copy of all Certificates of Insurance involving purchases to Purchasing.


7. A Hold Harmless Clause should be included when contracting for services or products. A Hold Harmless Clause transfers the responsibility and potential liability due to improper acts of the contractor, sub-contractor or its employees to the contractor or facility user.

CERTIFICATES OF INSURANCE :

1. Certificates of Insurance stating the minimum required coverage must be forwarded to Purchasing.

2. Certificates shall be issued on ACORD form or one containing the equivalent wording, and require giving Livingston County a thirty (30) day written notice of cancellation or material change prior to the normal expiration of coverage.

3. Revised certificates must be forwarded to Purchasing thirty (30) days prior to the expiration of any insurance coverage listed on the original certificate.

4. Insurance shall be placed with carriers who have a minimum rating of A by A.M. Best Company.


RESOLUTION ATTACHED

S:\WP\Policies\Purchasing Policy and Procedures Manual 9-16-13.doc

LIVINGSTON COUNTY PURCHASING

POLICY AND PROCEDURES MANUAL Page 1 of 14 APPENDIX #1

MICHIGAN COMPILED LAWS ANNOTATEDCHAPTER 15. PUBLIC OFFICERS AND EMPLOYEES

CONTRACTS OF PUBLIC SERVANTS WITH PUBLIC ENTITIES

15.321. Definitions

Sec. 1. As used in this act:

(a) "Public servant" includes all persons serving any public entity, except members of the legislature and state officers who are within the provisions of section 10 of article 4 of the state constitution as implemented by legislative act.

(b) "Public entity" means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof.

HISTORICAL AND STATUTORY NOTESSource: 2004 Main VolumeP.A.1968, No. 317, § 1, Eff. Sept. 1, 1968. C.L.1948, § 15.321. C.L.1970, § 15.321.

CROSS REFERENCESForest finance authority board, see § 324.50504.

LAW REVIEW AND JOURNAL COMMENTARIES

Local government; conflict of interest. Solomon Bienenfeld, 16 Wayne L.Rev. 795, 800 (1970).Marriage and conflicts of interest. 75 Mich.L.Rev. 1647 (1977).

NOTES OF DECISIONS

1. Validity

P.A.1975, No. 227, which created political ethics commission, which provided requirements for establishment of candidate committees and for the filing of statements of organization and reporting of contributions and expenditures, which set maximum limits on expenditures by candidates, which established state campaign fund with diversion of taxpayer-designated portions of income revenues to the fund, which proscribed conflicts of interest, which required designated individuals to file financial disclosures, which required registration of lobbying activities, and which provided for the repeal of five existing laws unconstitutionally embraced more than one object. In re Advisory Opinion (Being 1975 PA 227) (1976) 240 N.W.2d 193, 396 Mich. 123, supplemented 242 N.W.2d 3, 396 Mich. 465. Statutes

107(1)

2. Public servant

The incompatible public offices act prohibits a person from simultaneously serving as a member of the board of education of a school district and as a member of the

board of directors of a public school academy located within or outside the same school district. Op.Atty.Gen.1998, No.6996, 1998 WL 661368.

The public servant conflicts of interest act, 1968 PA 317, applies to officers and employees of public school academies created under Part 6A of the Revised School Code, M.C.L.A. § 380.1 et seq. Op.Atty.Gen.1997, No. 6966, 1998 WL 661368.

1968 PA 317 applies to members of county boards of commissioners, city councils, township boards, and members of any other public bodies that county boards of commissioners, city councils and township boards may establish by law. Op.Atty.Gen. 1996, No. 6906.

M. C. L. A. 15.321, MI ST 15.321

Current through P.A.2008, No. 138 of the 2008 Regular Session, 94

thLegislature

Copr. © 2008 Thomson Reuters/West.

END OF DOCUMENT

APPENDIX #1

LIVINGSTON COUNTY PURCHASING POLICY AND PROCEDURES MANUAL

LIVINGSTON COUNTY SINGLE-SOURCE VENDORJUSTIFICATION OF PURCHASE

CENTRAL PURCHASING

304 E. Grand River Avenue, Howell, Mi 48843

REQUESTOR’S JUSTIFICATION (REQUIRED)

Only known source that will meet requirements

Supplier Able to meet urgent timing requirements

Supplier is current vendor of compatible service

Repeat of a purchase order recently placed on a competitive basis Date of Bid or Award:

Previous experience with this vendor

DETAILED EXPLANATION (REQUIRED)

Requestor’s Signature Date Typed Name of Requestor

Requestor’s Signature Date Typed Name of Requestor

S:\WP\Policies\Purchasing Policy Docs\Purchasing Policy And Procedures Manual - APP 10.Doc

APPENDIX #10




MICHIGAN COMPILED LAWS ANNOTATED CHAPTER 15. PUBLIC OFFICERS AND EMPLOYEES


15.322. Public servants; limitations on conduct

Sec. 2. (1) Except as provided in sections 3 and 3a, [FN1] a public servant shall not be a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer or employee.

(2) Except as provided in section 3, a public servant shall not directly or indirectly solicit any contract between the public entity of which he or she is an officer or employee and any of the following:

(a) Him or herself.

(b) Any firm, meaning a co-partnership or other unincorporated association, of which he or she is a partner, member, or employee.

(c) Any private corporation in which he or she is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000.00 if the stock is listed on a stock exchange or of which he or she is a director, officer, or employee.

(d) Any trust of which he or she is a beneficiary or trustee.

(3) In regard to a contract described in subsection (2), a public servant shall not do either of the following:

(a) Take any part in the negotiations for such a contract or the renegotiation or amendment of the contract, or in the approval of the contract.

b) Represent either party in the transaction.

CREDIT(S)

Amended by P.A.1992, No. 9, § 1, Imd. Eff. March 10, 1992.[FN1]M.C.L.A. §§ 15.323 and 15.323a.

HISTORICAL AND STATUTORY NOTES2004 Main Volume

Source: P.A.1968, No. 317, § 2, Eff. Sept. 1, 1968. C.L.1948, § 15.322. C.L.1970, § 15.322.

The 1992 amendment rewrote this section, which prior thereto read:

"(1) No public servant shall be a party, directly or indirectly, to any contract between himself and the public entity of which he is an officer or employee, except as provided in section 3.

"(2) No public servant shall directly or indirectly solicit any contract between the public entity of which he is an officer or employee and (a) himself; (b) any firm (meaning a co-partnership or other unincorporated association) of which he is a partner, member or employee; (c) any private corporation in which he is a stockholder owning more than 1% of the total outstanding stock of any class where such stock is not listed on a stock exchange or stock with a present total market value in excess of $25,000.00 where such stock is listed on a stock exchange or of which he is a director, officer or employee; or (d) any trust of which he is a beneficiary or trustee; nor shall he take any part in the negotiations for such a contract or the renegotiation thereof or amendment thereto or in the approval thereof; nor shall he represent either party in the transaction; except as provided in section 3."


Local government; conflict of interest. Solomon Bienenfeld, 16 Wayne L.Rev. 795, 800 (1970).



NOTES OF DECISIONSIn general 1Disclosure 2

1. In general

Commission on Services to the Aging commissioner had conflict of interest in connection with Commission's vote approving new state funding formula which affected local Area Agencies on Aging (AAAs), where she had financial interest in AAA funds as result of her involvement which company that provided nursing and basic home care to the elderly, and which received funding from County Commission on Aging which received grants from area AAA. Detroit AreaAgency on Aging v. Office of Services to the Aging (1995) 534 N.W.2d 229, 210 Mich.App. 708, appeal denied 549 N.W.2d 577, 451 Mich. 897. Social Security And Public Welfare 5

The Public Servants' Conflict of Interest Act does not prohibit a city from entering into a contract with a public transportation authority to act as employer of persons hired by the authority where a city council member simultaneously serves as a member of the transportation authority of which the city is a member. Op.Atty.Gen.2000, No. 7054, 2000 WL 667116.

A conflict of interest does not exist if an individual serves as an attorney for a school district at the same time that his spouse serves as a teacher in the same school district. Op.Atty.Gen.1992, No. 6736, p. 190, 1992 WL 573171.

Members of a port authority are subject to the appropriate conflict of interest in public contracts statute and the standards of conduct for public officers and employees statute. Op.Atty.Gen.1987, No. 6440, p. 96, 1987 WL 283949.

Under § 125.288(1) and § 15.321 et seq., there is no conflict of interest for a member of the township board to be a member of the township board of zoning appeals, where that person holds title to land within the township, and is involved with its development, provided that such person abstains from voting on zoning changes which effect, directly or indirectly, the person's holdings, and upon failure to do so, the member of the zoning board of appeals is subject to removal from that office. Op.Atty.Gen.1980, No. 5774, p. 972, 1980 WL 113926.

City assessor who served on bank board of directors and assessed bank properties for tax purposes was not in contravention of this section governing conflict of interest of public servants. Op.Atty.Gen.1979, No. 5442, p. 44.

2. Disclosure

A city councilperson who was part owner and operator of a lumberyard with which the city did business was prohibited by § 15.322 from directly or indirectly soliciting any contract between the city and the lumberyard and from taking part in the negotiations for such a contract; moreover, where the purchase cost of the contract between the city and the lumberyard is less than $2,500, the councilperson must disclose his interest in the contract to the city manager prior to approval of the contract by the city manager and, where the purchase price is more than $2,500, the councilperson must promptly disclose his interest in the lumberyard to thecity council, with the disclosure being made a matter of record. Op.Atty.Gen.1985, No. 6276, p. 26, 1985 WL 200579.

A county community mental health board may not contract with a nonprofit corporation, agents of which are members of the county community mental health board, even though such members disclose their interest, abstain from participating in the decisions-making process relative to the contract and the contract is approved by a vote of two-thirds of the membership of the county community mental health board. Op.Atty.Gen.1980, No. 5685, p. 703, 1980 WL 114049.

M. C. L. A. 15.322, MI ST 15.322

Current through P.A.2008, No. 138 of the 2008 Regular Session, 94th Legislature


END OF DOCUMENT





15.323. Application of act; exceptions

Sec. 3. (1) Section 2 [FN1] does not apply to either of the following:

(a) A public servant who is paid for working an average of 25 hours per week or less for a public entity.

(b) A public servant who is an employee of a public community college, junior college, or state college or university.

(2) A contract as defined in and limited by section 2 involving a public entity and a public servant described in subsection (1) shall meet all of the following requirements:

(a) The public servant promptly discloses any pecuniary interest in the contract to the official body that has power to approve the contract, which disclosure shall be made a matter of record in its official proceedings. Unless the public servant making the disclosure will directly benefit from the contract in an amount less than $250.00 and less than 5% of the public cost of the contract and the public servant files a sworn affidavit to that effect with the official body or thecontract is for emergency repairs or services, the disclosure shall be made in either of the following manners:

(i) The public servant promptly discloses in writing to the presiding officer, or if the presiding officer is the public servant who is a party to the contract, to the clerk, the pecuniary interest in the contract at least 7 days prior to the meeting at which a vote will be taken. The disclosure shall be made public in the same manner as a public meeting notice.

(ii ) The public servant discloses the pecuniary interest at a public meeting of the official body. The vote shall be taken at a meeting of the official body held at least 7 days after the meeting at which the disclosure is made. If the amount of the direct benefit to the public servant is more than $5,000.00, disclosure must be made as provided under this subparagraph.

(b) The contract is approved by a vote of not less than 2/3 of the full membership of the approving body in open session without the vote of the public servant making the disclosure.

(c) The official body discloses the following summary information in its official minutes:

(i) The name of each party involved in the contract.

(ii) The terms of the contract, including duration, financial consideration between parties, facilities or services of the public entity included in the contract, and the nature and degree of assignment of employees of the public entity for fulfillment of the contract.

(iii ) The nature of any pecuniary interest.

(3) This section and section 2 do not prevent a public servant from making or participating in making a governmental decision to the extent that the public servant's participation is required by law. If 2/3 of the members are not eligible under this act to vote on a contract or to constitute a quorum, a member may be counted for purposes of a quorum and may vote on the contract if the member will directly benefit from the contract in an amount less than $250.00 and less than 5% of the public cost of the contract and the member files a sworn affidavit to that effect with the official body. The affidavit shall be made a part of the public record of the official proceedings. As used in this subsection, "governmental decision" means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, ordinance, order, or measure on which a vote by members of a local legislative or governing body of a public entity is required and by which a public body effectuates or formulates public policy.

CREDIT(S)

AMENDED BY P.A.1981, NO. 100, § 1, IMD. EFF. JULY 15, 1981; P.A.1982, NO. 207, § 1, IMD. EFF. JULY 1, 1982; P.A.1984, NO. 81, § 1, IMD. EFF. APRIL 18, 1984;P.A.1984, NO. 184, § 1, IMD. EFF. JULY 3, 1984; P.A.1997, NO. 145, EFF. MARCH 2, 1998.

[FN1]M.C.L.A. § 15.322.HISTORICAL AND STATUTORY NOTES

2004 Main VolumeSource: P.A.1968, No. 317, § 3, Eff. Sept. 1, 1968. C.L.1948, § 15.323. C.L.1970, § 15.323.




"The provisions of section 2 hereof shall apply to all public servants who are paid for working more than an average of 25 hours per week for a public entity, but such provisions shall not apply to any other public servant: (1) if he shall promptly disclose his pecuniary interest in the contract to the official body which has power to approve the same, which disclosure shall be made a matter of record in its official proceedings; and (2) if the contract is approved by a vote of 2/3 of the full membership of such approving body without the vote of a member thereof if any, making such disclosure."

The 1982 amendment, in subsec. (1), deleted "Beginning October 15, 1981, the provisions of" preceding "Section 2", and substituted "the member making the" for "a number thereof, if any, making such"; and rewrote subsec. (2), which prior thereto read:

"Until October 15, 1981, the provisions of section 2 shall apply to all public servants who are paid for working more than an average of 25 hours per week for a public entity, but shall not apply to any other public servant if he or she promptly discloses his or her pecuniary interest in the contract to the official body which has power to approve the contract, which disclosure shall be made a matter of record in its official proceedings; and if the contract is approved by a vote of 2/3 of the full membership of the approving body."

P.A.1984, No. 81, amended this section without apparent change.

P.A.1984, No. 184, substituted subsecs. (1) and (2) for former subsec. (1), which prior thereto read:"Section 2 shall apply to all public servants who are paid for working more than an average of 25 hours per week for a public entity, but shall not apply to any other public servant if he or she promptly discloses his or her pecuniary interest in the contract to the official body which has power to approve the contract, which disclosure shall be made a matter of record in its official proceedings; and if the contract is approved by a vote of not less than 2/3 of the full membership of the approving body without the vote of the member making the disclosure."

P.A.1984, No. 184, also, renumbered former subsec. (2) as subsec. (3).The 1997 amendment, in subsec. (1), in the introductory paragraph, substituted "does not" for "shall not"; in subsec. (2)(a), in the introductory paragraph, in the first sentence substituted "body that" for "body which", and added the second sentence; added subsecs. (2)(a)(i) and (2)(a)(ii); and, in subsec. (3), in the first sentence substituted "do not" for "shall not".

P.A.1997, No. 145, § 1, provides:"This amendatory act takes effect 90 days after the date of its enactment."

P.A.1997, No. 145, was ordered to take immediate effect, and was approved and filed December 1, 1997.

CROSS REFERENCES

Agricultural value-added grant program, commission of agriculture and joint evaluation committee members, see § 285.302.Michigan strategic fund, members, officers, and employees, application of law, see § 125.2006.Strategic economic investment and commercialization board, restrictions on activities of members, see § 125.2088m.



LIBRARY REFERENCES2004 Main Volume

Officers and Public Employees 110.Public Contracts 4.Westlaw Topic Nos. 283, 316A.C.J.S. Officers and Public Employees §§ 234 to 245.C.J.S. Public Contracts § 5.

RESEARCH REFERENCES2007 Electronic Pocket Part Update Encyclopedias Mich. Civ. Jur. Public Contracts § 7, Absence of Official Interest in Contract.

NOTES OF DECISIONS

In general 1Construction with other laws 2

1. In general

A city councilperson who was part owner and operator of a lumberyard with which the city did business was prohibited by § 15.322 from directly or indirectly soliciting any contract between the city and the lumberyard and from taking part in the negotiations for such a contract; moreover, where the purchase cost of the contract between the city and the lumberyard is less than $2,500, the councilperson must disclose his interest in the contract to the city manager prior to approval of the contract by the city manager and, where the purchase price is more than $2,500, the councilperson must promptly disclose his interest in the lumberyard to the city council, with the disclosure being made a matter of record. Op.Atty.Gen.1985, No. 6276, p. 26, 1985 WL 200579.

If a retired city employee serves as a member of the city council, he or she may disclose this interest and, if a change in the retirement plan affecting retirees is before the council, the change will requireapproval of two thirds of the full membership without the vote of the retiree. Op.Atty.Gen.1977, No. 5243, p. 265.

2. Construction with other laws

1968 PA 317 supersedes § 30 of 1851 PA 156 to the extent that § 30 deals with conflicts of interest arising out of public contracts, and 1968 PA 317 only supersedes § 31 of 1851 PA 156 to the extent that § 31 could penalize a county commissioner for a conflict of interest arising out of a public contract. Op.Atty.Gen. 1996, No. 6906.

M. C. L. A. 15.323, MI ST 15.323



END OF DOCUMENT





15.323a. Application of act; city, village, township, or county with population less than 25,000

Sec. 3a. Section 2 [FN1] shall not be construed to do any of the following:

(a) Prohibit public servants of a city, village, township, or county with a population of less than 25,000 from serving, with or without compensation, as emergency medical services personnel as defined in section 20904 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20904 of the Michigan Compiled Laws.

(b) Prohibit public servants of a city, village, township, or county with a population of less than 25,000from serving, with or without compensation, as a firefighter in that city, village, township, or county if that firefighter is not any of the following:

(i) A full-time firefighter.

(ii) A fire chief.

(iii) A person who negotiates with the city, village, township, or county on behalf of the firefighters.

(c) Limit the authority of the governing body of a city, village, township, or county with a population of less than 25,000 to authorize a public servant to perform, with or without compensation, other additional services for the unit of local government.

(d) Prohibit public servants of this state from purchasing at a tax sale lands returned as delinquent for taxes under the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.1 to 211.157 of the Michigan Compiled Laws, unless otherwise prohibited by the rules of the Michigan civil service commission or the department or agency of which that public servant is an employee.

CREDIT(S)

P.A.1968, No. 317, § 3a, added by P.A.1992, No. 9, § 1, Imd. Eff. March 10, 1992. Amended by P.A.1996, No. 203, § 1, Imd. Eff. May 17, 1996.

[FN1]M.C.L.A. § 15.322.


The 1996 amendment, in subds. (a) to (c), substituted "with a population" for "having a population"; and added subd. (d).


Counties 63.Municipal Corporations 191, 197.Taxation 674.Westlaw Topic Nos. 104, 268, 371.C.J.S. Counties § 98.C.J.S. Municipal Corporations §§ 535 to 538, 542, 544 to 546, 548 to 552, 568 to 569.C.J.S. Taxation § 1191.

M. C. L. A. 15.323a, MI ST 15.323a



END OF DOCUMENT





15.324. Application of act; contracts between public entities; contracts awarded to lowest bidder; contracts for public utility services; contracts to purchase residential property; violations

Sec. 4. (1) The prohibitions of section 2 [FN1] shall not apply to any of the following:

(a) Contracts between public entities.

(b) Contracts awarded to the lowest qualified bidder, other than a public servant, upon receipt of sealed bids pursuant to a published notice . Except as authorized by law, the notice shall not bar any qualified person, firm, corporation, or trust from bidding. This subsection shall not apply to amendments or renegotiations of a contract nor to additional payments made under a contract which were not authorized by the contract at the time of award .

(c) Contracts for public utility services where the rates are regulated by the state or federal government.

(d) Contracts to purchase residential property. A public servant of a city or village may purchase 1 to 4 parcels not less than 18 months between each purchase. This subdivision does not apply to public servants of a city or village who have been appointed or elected to their position or whose employment responsibilities include the purchase or selling of property for the city or village. This subdivision shall apply only to a city or village that has adopted an ethics ordinance which was in effect at the time the residential property was purchased.

(2) A person that violates subsection (1)(d) is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not less than $1,000.00 or more than 3 times the value of the property purchased.

CREDIT(S)Amended by P.A.2005, No. 198, Imd. Eff. Nov. 9, 2005.[FN1]M.C.L.A. § 15.322.

HISTORICAL AND STATUTORY NOTES2007 Electronic Pocket Part Update 2005 Legislation

P.A.2005, No. 198, rewrote this section, which read:

"Sec. 4. The prohibitions of section 2 of this act shall not apply to:

"(a) Contracts between public entities;

"(b) Contracts awarded to the lowest qualified bidder, other than a public servant, upon receipt of sealed bids pursuant to a published notice therefor provided such notice does not bar, except as authorized by law, any qualified person, firm, corporation or trust from bidding. This subsection shall not apply to amendments or renegotiations of a contract nor to additional payments thereunder which were not authorized by the contract at the time of award; and

"(c) Contracts for public utility services where the rates therefor are regulated by the state or federal government."

2004 Main VolumeSource: P.A.1968, No. 317, § 4, Eff. Sept. 1, 1968. C.L.1948, § 15.324. C.L.1970, § 15.324.

CROSS REFERENCESSentencing guidelines, see § 777.11a.





NOTES OF DECISIONSIn general 1

1. In general

The Public Servants' Conflict of Interest Act does not prohibit a city from entering into a contract with a public transportation authority to act as employer of persons hired by the authority where a city council member simultaneously serves as a member of the transportation authority of which the city is a member. Op.Atty.Gen.2000, No. 7054, 2000 WL 667116.

A public entity is not prohibited from entering into a contract with a corporation whose stockholder is a full-time public servant of the public entity and who holds more than 1% of the outstanding stock, where the public servant does not directly or indirectly solicit the contract, represent either party in negotiating the contract or otherwise takes part in negotiating or approving the contract. Op.Atty.Gen.1980, No. 5768, p. 951, 1980 WL 113920.

M. C. L. A. 15.324, MI ST 15.324



END OF DOCUMENT





15.325. Purpose of act; voidability of contracts, negotiable and nonnegotiable instruments under this act

Sec. 5. (1) This act is aimed to prevent public servants from engaging in certain activities and is not intended to penalize innocent persons. Therefore, no contract shall be absolutely void by reason of this act. Contracts involving prohibited activities on the part of public servants shall be voidable only by decree of a court of proper jurisdiction in an action by the public entity, which is a party thereto, as to any person, firm, corporation or trust that entered into the contract or took any assignment thereof, with actual knowledge of the prohibited activity. In the case of the corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation. All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting a violation of this act. In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extent that the public entity has benefited thereby. This provision shall not prohibit the parties from arriving at an amicable settlement.

(2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of any previous statute, charter or rule of law.





RESEARCH REFERENCES2007 Electronic Pocket Part Update

Encyclopedias

Mich. Civ. Jur. Public Contracts § 7, Absence of Official Interest in Contract.

NOTES OF DECISIONS

In general 1

1. In general

Where there were township officials, who did not have economic stake in transactions between township and defendants, who were not alleged to have been in illegal corroboration with defendants, and who knew in 1969 of facts relied on by township to establish allegedly improper dealings warranting voiding of contract between township and defendants, township's action to void contract was

barred by one-year statute of limitations provision of this section. VanBuren Tp. v. Ackron (1975) 234 N.W.2d 722, 63 Mich.App. 600. Towns 73

M. C. L. A. 15.325, MI ST 15.325



END OF DOCUMENT





15.326. Enforceability of contracts, notwithstanding conflict of interest

Sec. 6. If any public entity has, prior to the effective date of this act, entered into any contract under which moneys, goods, materials, labor or services have been actually received by the public entity, which was void or voidable under any act, charter or rule of law because of a conflict of interest on the part of a public servant at the time of the execution thereof, such contract shall be fully enforceable notwithstanding such conflict of interest, by any party thereto other than such public servant.




M. C. L. A. 15.326, MI ST 15.326



END OF DOCUMENT





15.327. Penalties for violations of act

Sec. 7. Any person violating the provisions of this act is guilty of a misdemeanor.


Source:P.A.1968, No. 317, § 7, Eff. Sept. 1, 1968. C.L.1948, § 15.327. C.L.1970, § 15.327.

CROSS REFERENCESMisdemeanors, see §§ 750.8, 750.9, 750.504.


Officers and Public Employees 121.Westlaw Topic No. 283.C.J.S. Officers and Public Employees §§ 329 to 334.

M. C. L. A. 15.327, MI ST 15.327



END OF DOCUMENT





15.328. Application of act; supersedure of other laws

Sec. 8. It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to section 30 of 1851 PA 156, MCL 46.30. This act does not prohibit a unit of local government from adopting an ordinance or enforcing an existing ordinance relating to conflict of interest in subjects other than public contracts involving public servants.

CREDIT(S)Amended by P.A.1997, No. 145, Eff. March 2, 1998.




"This act shall supersede all local charter provisions, whether incorporated in legislative acts or local charters, which relate to the matter of conflict of interest. It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to subsection (3) of section 30 of Act No. 156 of the Public Acts of 1851, as amended, being section 46.30 of the Compiled Laws of 1948."

For effective date provisions of P.A.1997, No. 145, see the Historical and Statutory Notes following M.C.L.A. § 15.323.




NOTES OF DECISIONSIn general 1

1. In general

The Legislature intended that 1968 PA 317 constitute the sole law regarding conflicts of interest arising out of public contracts involving public servants. Op.Atty.Gen. 1996, No. 6906.

1968 PA 317 supersedes § 30 of 1851 PA 156 to the extent that § 30 deals with conflicts of interest arising out of public contracts, and 1968 PA 317 only supersedes § 31 of 1851 PA 156 to the extent that § 31 could penalize a county commissioner for a conflict of interest arising out of a public contract. Op.Atty.Gen. 1996, No. 6906.

M. C. L. A. 15.328, MI ST 15.328



END OF DOCUMENT





15.329. Repealer

Sec. 9. The following acts and parts of acts are repealed:

Year Public Section Compiled Lawof act Act No. numbers sections (1948)1895 3 6 of chapter 5 65.61895 215 16 of chapter 8 88.161931 328 122 750.1221955 269 969 340.9691966 317 15.161 to 15.172



M. C. L. A. 15.329, MI ST 15.329



END OF DOCUMENT





15.330. Effective date

Sec. 10. This act shall take effect September 1, 1968.



P.A.1968, No. 317, was ordered to take immediate effect, and became law, without the governor's approval, on July 3, 1968.

RESEARCH REFERENCES2007 Electronic Pocket Part Update

Encyclopedias

Mich. Civ. Jur. Highways and Streets § 44, Boards of County Road Commissioners--Statutory Requirements.

Mich. Civ. Jur. Municipal Corporations § 175, Right to Vote as Affected by Interest.

Mich. Civ. Jur. Officers and Public Employees § 87, Disqualification to Act on Account of Personal Interest.

Mich. Civ. Jur. Public Contracts § 7, Absence of Official Interest in Contract.

M. C. L. A. 15.330, MI ST 15.330



END OF DOCUMENT

APPENDIX #2


LIVINGSTON COUNTY ADMINISTRATION

LIVINGSTON COUNTY, MICHIGAN 304 E. Grand River Avenue - Suite 202 - Howell MI 48843

TEL: (517) 546-3669 BELINDA M. PETERS E-MAIL: [email protected] COUNTY ADMINISTRATOR

September 9, 2013 TO WHOM IT MAY CONCERN:

Please be advised that as a county governmental agency, Livingston County is exempt

from the payment of certain taxes. In the event you require further information, please advise.

The State and Federal governments do not issue exemption certificates when the law

specifically spells out the exemption.

Livingston County is exempt from Federal Excise Tax, as allowed by law in

Section 4253(i) of the Internal Service Code. Livingston County Tax Identification No. is #38-6005819.

Livingston County is exempt from Michigan State Sales Taxes as allowed by

Rule 205.79 of the 1944 Administrative Rules for the State of Michigan, as amended.

Sincerely,

BELINDA M. PETERS

County Administrator

BMP/csj

PETTY CASH REIMBURSEMENT

DATE: DEPARTMENT:

PURPOSE:

ACCOUNT NUMBER:

RECEIPT ATTACHED YES NO

AMOUNT:

EMPLOYEE RECEIVING REIMBURSEMENT:

DEPARTMENT APPROVAL:

APPENDIX #3


PURCHASING AUTHORIZATION LIST

DEPARTMENT DIRECTOR / DEPT HEAD ALTERNATE ALTERNATE

911 Central Dispatch Don Arbic

Airport Mark Johnson

Ambulance Jeffery Boyd Kevin Wilkinson Janine Dunning

Animal Control Debbie Oberle

Board of Commisioners Belinda Peters Cindy Catanach

Building & Safety Jim Rowell

Building Services Chris Folts Chris Dunn

Car Pool Doug Britz Katrina Maxwell

Circuit Court Judge David ReaderMelissa Scharrer /John Evans

Community Corrections Diane Bockhausen John Evans

County Administration Belinda Peters Cindy Mendoza

County Clerk Margaret Dunleavy Laura Chafy-Rogers

District Court Judge David Reader Debra Kubitskey Diane Livingston

Drain Commission Brain Jonckheere Ken Recker

Emergency Mangement Don Arbic

Equalization Sue Bostwick

Friend of the Court Melissa Schaar Lori Marran

Health Department Ted Westmeier Elaine Brown

Information Technology Richard Malewicz Diane Gregor Greg Joliff

Jail Robert Bezotte Michael Murphy

Job Training William Sleight Justin Al'Igoe

Juvenile Court Judge Reader John Evans Ann White

L.E.T.S. Doug Britz Katrina Maxwell

Medical Examiner Jeff Boyd

Personnel Jennifer Palmbos

Planning Kathleen Kline-Hudson

Probate Court Judge Reader John Evans Ann White

Pros. Grant - Family Support

Anthony Paruk

Prosecuting Attorney William Vailliencourt Pamela Maas

Purchasing Roberta Bennett Cindy Catanach

Register of Deeds Sally Reynolds

Sheriff Department Robert BezotteMichael Murphy

Don Jakrzewski / Scott Domine/Eric Sanborn

Solid Waste Management Brain Jonckheere Ken Recker

Treasurer Jennifer Nash Jamie Palmer

Veterans Carol Pardon

APPENDIX #4


� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� ! " # $ % & ' ( ) * + , - . ' / 0 1 , 2 . 3 " # / 4 5 6 . 7 7 / 8 9 # : : # !; < 5 ) . = > ? @ A B ? # " C : A # @ D ( E = > ? @ A B ? # F C A 3 F FVendor Information: Name, Address, Phone, Fax & E-mailG H I J K L M G H I J K L N G H I J K L OP H Q R L S T U S K I K V W U H X Y Q Z [ G H I J K L \ L S R HM N O] ^ _ ` ` _ a b c d e f _ b ^ g hG H I J K L i H j H R U H J k l m I U S U n o I S U O K Q U p K U m j O K Q Up H L X Q P H j S q H L n r s t s N s \ l L R u m Q H t L J H L v

Reason(s) order was placed with successful vendor:

Lowest Price Quality Best Delivery Service

Sole Source Best Design Other ____________

Comments:

Authorized Signature: ___________________________________ Date: ___________________________

Purchasing Form 1004 Quotation Tabulation Worksheet Revised 2-28-03

APPENDIX #6


REQUEST FOR QUOTE

LIVINGSTON COUNTY PURCHASING304 East Grand River Avenue, Suite 204

Howell, Michigan 48823-2323http://co.livingston.mi.us/purchasing/

Buyer: Roberta Bennett

Phone # (517) 540-8741

Fax # (517) 546-7266 Fax

Email [email protected]

REQUEST FOR QUOTE #__________________

REQUEST DATE: ________________________

QUOTE DUE DATE: ______________________

QTY UOM DESCRIPTION UNIT COST TOTAL PRICE

1.) Quote delivery in _________ calendar days after receipt of order.2.) All quotes are to be F.O.B. Destination. Livingston County reserves the right to reject other shipping terms. If a

delivery fee is not included on the quote form, no delivery fee will be allowed. Regardless of shipping terms, Seller will

assume all responsibility for loss or damage during shipping.

3.) All quotes are to be valid for a minimum of 45 days.

4.) for your quote to be considered, it must be received in the Purchasing Office no later than the above deadline date

specified.

5.) Livingston County is tax exempt. Tax is not to be included on the quote form.

6.) Livingston County reserves the right to award by item, by group or as a whole.

7.) Payment Terms: Net 30 Days

8.) Quote in US dollars only.

SPECIAL NOTES: FAX THIS COMPLETED FORM TO THE FAX NUMBER ABOVE NO LATER THAN THE SPECIFIED DUE DATE.

APPENDIX #7


NOTICE

REQUEST FOR PROPOSAL (RFP)

FOR INMATE MEDICAL SERVICES - JAIL DIVISION

Livingston County will receive sealed proposals for its Sheriff Department - Jail Division. The purpose of this RFP is to provide medical care services to inmate populations. The RFP document is available in the Office of the Board of Commissioners — Purchasing Office, Livingston County Administration Building, 304 Fast Grand River Avenue, Howell, 48843; or may be requested by phone at (517) 552-5002 or fax at (517) 546-7266, during normal business hours. A Pre-Bidders Conference will be held on Friday, August 17, 2001, at 10:00 am. in Howell at the Livingston County Jail, 150 Highlander Way. The deadline forreturning sealed proposals is 2:00 p.m. on Tuesday, September 4, 2001.

APPENDIX #8




LIVINGSTON COUNTY, MICHIGAN

BUILDING SERVICES DEPARTMENT SNOW REMOVAL SPECIFICATIONS

RFP #01-02

I. INTRODUCTION

Livingston County is requesting sealed bids for the 200 1/2002 & 2002/2003 snow removal season for all County buildings. The award may be split, at the County’s discretion, between two (2) or more contractors to better service specific buildings and/or locations.

The addresses for the County buildings that need to be kept cleared twenty-four (24) hours a day, seven (7) days a week as set forth in Paragraph IX are as follows (hereafter referred to as 24/7):

INTERMODAL BUILDING

3950 W. Grand River Avenue Howell Ml 48843

9-1-1 / EMERGENCY

MANAGEMENT SERVICES

300 S. Highlander Way Howell Ml 48843

SHERIFF’S DEPARTMENT / JAIL

150S. Highlander Way Howell Ml 48843

NORTH STREET AMBULANCE BASE

727 North Street Howell Ml 48843

BRIGHTON AMBULANCE BASE

5360 5. Old US-23Brighton Ml 48116

HAMBURG AMBULANCE BASE

3706 M-36Pinckney Ml 48116

The addresses for the remaining County buildings which must be serviced Monday throughFriday, as set forth in Paragraph IX, are as follows:

ANIMAL SHELTER / BUILDING SERVICES


DAY REPORTING CENTER

(OLD ANIMAL SHELTER)200 S. Highlander Way Howell Ml 48843

JUDICIAL CENTER


LAW CENTER

210S. Highlander Way Howell Ml 48843

COURTHOUSE

200 E Grand River Howell Ml 48843

[Includes the 2 small parking lots on the north side of the Courthouse and the County parking lot across the street at the corner of State and Clinton Streets]

(County Buildings Continued on Page 2)

APPENDIX #9




ADMINISTRATION BUILDING

304 E Grand River Howell, Michigan 48843

M.S.U. EXTENSION BUILDING

820 E. Grand River Avenue Howell Ml 48843

COMMUNITY MENTAL HEALTH BUILDING

(At East Complex) 2280 E. Grand River Avenue Howell Ml 48843

53RD DISTRICT COURT - BRIGHTON

224 N. First Street Brighton Ml 48116

EAST COMPLEX

2300 E. Grand River AvenueHowell Ml 48843

ANY OTHER COMPLEX I PROPERTY

ACQUIRED BY THE COUNTY PRIOR TO IDURING THE INTERIM OF THIS CONTRACT.

The award will be for a two (2) year contract that will include a provision for the County, at its discretion, to extend the contract for an additional one (1) year term up to a total contract period of three (3) years.

The award may be split, at the County’s discretion, between two (2) or more contractors to better service specific buildings and/or locations.

Site inspections of the Buildings can be arranged by contacting:

CHRIS FOLTSBUILDING SERVICES DIRECTOR

#(517) 546-6491

II. BIDDING PROCESS

The following is a schedule of events concerning the bid process:

EVENT DATE

DISTRIBUTION OF BID PACKETS (From: Livingston County Purchasing) AUGUST 15,2001

BIDS DUE (At: Livingston County Purchasing) SEPTEMBER 4, 2001

at 1:00 p.m.

BOARD OF COMMISSIONERS’ AWARD OF CONTRACT OCTOBER 1,2001

NOTIFICATION OF AWARD OCTOBER 2, 2001

A complete original and two (2) exact duplicates of the sealed bids should be submitted to:


304 East Grand River Howell, Michigan 48843

PLEASE MARKYOURENVELOPES: SNOW REMOVAL

Sealed bids must be received not later than 1:00 p.m., SEPTEMBER 4,2001, at the address set forth above. Proposals received after 1:00 p.m. on SEPTEMBER 4, 2001, may not be considered.

The bid is to be completed in legible form. Any additional written material such as professional



records, certifications, etc., your company thinks important, may be attached and submitted to augment the data. The bidder must initial any corrections.

NO FAXED OR E-MAILED DOCUMENTS WILL BE ACCEPTED.

Questions regarding bid specifications shall be directed to the following individual:

ROBERTA BENNETT - PURCHASING DEPARTMENT#(517) 552-5002

Ill. QUALIFICATIONS OF BIDDER.

To be considered for award of this contract, the contractor must meet the following minimum qualifications:

A. The contractor must be organized for the purpose of providing snow removal services, and must have three (3) years previous experience.

B. The contractor must have a proven ability for a contract start-up by November 1,2001.

C. The contractor must have qualified and trained staff and sufficient equipment and materials to successfully complete the contract requirements.

D. The contractor must have the capability to supervise and monitor the process ensuringsatisfactory provision of services.

E. The contractor shall submit a list of three (3) references, including name of business, address, contact person and phone number.

F. The contractor must meet all insurance requirements in regards to Workers’ Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Insurance.

IV. INSURANCE REQUIREMENTS

The Contractor, whose bid is accepted, must meet and agree to maintain during the term of the snow removal Contract, the following insurance coverages. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the County and have an A.M. Best Company’s Insurance Reports Rating of A or A- (Excellent).

A. The Contractor shall carry Worker’s Compensation and Employer’s Liability Insurance Coverage, as required by law. In the event that the Contractor uses subcontractors and sub-subcontractors for the performance of services required under this proposal, the Contractor shall ensure that said subcontractors and sub-subcontractors carry Worker’s Compensation and Employer’s Liability Insurance.

B. The Contractor shall be responsible for insuring all its vehicles, equipment, tools and all materials which it may use and/or leave at the work site during the snow removal process. The County shall not be responsible for any loss or damage to the Contractor’s vehicles, equipment, tools and materials.

C. The Contractor shall procure and maintain during the term of the contract Commercial General Liability Insurance on an “occurrence basis” with limits of liability of not less than $1,000,000 per occurrence combined single limit, for Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: Contractual Liability; Products and



Completed Operations Coverage; Independent Contractors Coverage; and, Broad Form General Liability Extensions or equivalent.

D. The Contractor shall maintain Vehicle Liability Coverage, and Michigan No- Fault coverages including all owned, non-owned, and hired vehicles, of not less than $ 1,000,000 per occurrence combined single limit.

E. Commercial General Liability Insurance and Vehicle Insurance as described above shall include the County of Livingston as “Additional Insured”.

F. Workers’ Compensation Insurance, Commercial General Liability Insurance, and Vehicle Liability Insurance as described above shall include an endorsement stating the following:

“It is understood and agreed that thirty (30) days advance written Notice of Cancellation, Non-Renewal, Reduction and/or material change shall be sent to: Livingston County Purchasing, 304 E. Grand River, Howell, Michigan 48843.

G. If any of the above coverages expire during the term of the contract, the Contractor’s insurer shall deliver renewal certification and/or policies to: Livingston County Purchasing, 304 E GrandRiver, Howell, Michigan, 48843.

V. INDEMNIFICATION AGREEMENT

The Contractor shall, at its own expense, protect, defend, indemnify and hold harmless the County and its elected and appointed officers, employees, and agents from all claims, damages, costs, lawsuits and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that the County, and their elected and appointed officers, employees and agents may incur as a result of any criminal acts, intentional torts, acts or omissions which by statute give rise to strict liability, negligent acts or omissions of the Contractor, its officers, employees, or agents which may arise out of the Contract.

The Contractor’s indemnification responsibilities shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to the County, or its elected and appointed officers, employees or agents by the insurance coverage obtained and/or maintained by the Contractor pursuant to the requirements of the Contract.

VI. EQUAL EMPLOYMENT OPPORTUNITY

The Contractor and its subcontractors, as required by law, shall not discriminate against the employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of the Contract.

The Contractor will take affirmative action to eliminate discrimination based on sex, race, or a disability in the hiring of applicant and the treatment of employees. Affirmative action will include, but not be limited to: employment; upgrading, demotion or transfer, recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship.

The Contractor agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of the Contract, will state that all qualified



applicants will receive consideration for employment without regard to race, color, sex, national origin, disability, age, height, weight, marital status and religion.

VII. CONTRACT AWARD

The County will award the contract to one or more of the lowest responsive, responsible bidder(s) having proven experience in snow removal described herein. The price proposed shall be considered firm and cannot be altered after receipt per the terms of this bid. All bids will be reviewed and recommendations for a selection will be made to the Livingston County Board of Commissioners. Final approval will be granted by the Board of Commissioners.

The County may make a determination that the rejection of all proposals is in the best interest of Livingston County.

Livingston County will not pay for any information herein requested, nor is it liable for any costs incurred by the bidder.

The successful contractor shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from Livingston County. The successful bidder will perform all services indicated in the bid packet in compliance with the negotiated contract.

If two (2) or more bidders submit bids that are identical as to price, preference will be given to the bidder whose firm has its principal place of business within Livingston County.

VIII. BID PACKAGE

Contractors must submit a response in the form of a bid that includes the following sections:

A. TRANSMITTAL LETTER - This letter is to be a brief letter, addressed to Roberta Nelson, Senior Buyer, Livingston County Purchasing Department, which provides the following information:

1. Name and address of the contractor;

2. Name, title and telephone number of the contact person for the contractor;

3. A statement that the proposal is in response to this bid; and,

4. The signature, typed name and title of the individual who is authorized to commit the contractor to the proposal.

B. BID PROPOSAL - This portion of the proposal must address each item listed below (See Snow Removal Bid form):

1. Introduction

a. Company Profile

(1) Date organized to provide snow removal services.

b. References, with addresses and phone contacts.

c. Include a list of clients for whom similar services have been provided and dates of when the service was provided.

2. The cost of the snow removal service

a. Price shall be separated on a per building basis and shall include:



(1) Price for 1” to 3” accumulation;

(2) Price for 4” and greater accumulation;

(3) Per ton spread salting price; and,

(4) Per bag salting price for walks & other miscellaneous areas.

IX. SNOW REMOVAL REQUIREMENTS

A. The Contractor shall obtain the necessary equipment, supplies, and materials to accomplish the task and frequency set out for snow removal services at all listed facilities.

B. The Contractor shall plow all roads leading to buildings, approaches, parking lots, and any other paved area with snow accumulation of one (1”) inch or more.

C. Snow must be properly placed or removed to minimize loss of parking or pedestrian areas.

D. Salt all roadways, approaches, parking lots and any other paved area plowed at the listed facilities.

E. Shovel and salt all walks leading to buildings, parking lots, steps, porches, ramps and any other area to be shoveled and salted after each snow.

F. Contractor shall be responsible to make turf repairs in areas where contractor’s equipment damages turf after leaving pavement surfaces.

G. 24/7 Buildings: All roads, approaches, parking lots and any other paved area, including walkways, shall be kept free of snow twenty-four (24) hours a day, seven days a week, including holidays.

H. Non-24/7 Buildings: All roads and walks shall be kept free of snow during normal County hours. Roads, approaches, parking lots and any other paved area, including walkways, shall be cleared by 6:30 a.m., Monday through Friday, except on holidays on which the County’s offices are closed.

I. Twenty-four (24) hour on-call service to provide shoveling, plowing or salting as determined by the Livingston County Building Services Department.

J. The Contractor shall be available to remove snow within one (1) hour after notification to proceed during normal business hours and within two (2) hours during other hours.

K. The Contractor shall observe all applicable prescribed safety regulations and practices.

L. The absence of a requirement covering specific equipment, operations, or hazards shall not relieve the Contractor of the responsibility of taking further action to provide maximum safety in the performance of snow removal.

M. Contractor shall be responsible to make turf repairs in areas where contractor’s equipment damages turf after leaving pavement surfaces.



LIVINGSTON COUNTY

SNOW REMOVAL BID / RFP #01-02

COMPANY NAME:

ADDRESS:

CONTACT PERSON:

DAYTIME PHONE NO: EVENING PHONE NO:

TYPE OF BUSINESS: Sole Proprietorship Corporation Other

DATE ORGANIZED TO PROVIDE SNOW REMOVAL SERVICES:

REFERENCES

REFERENCE 1:

ADDRESS: TELEPHONE NO:

REFERENCE 2:


REFERENCE #3:


PREVIOUS CLIENTS

Client: Dates of Service:

Client: Dates of Service:

Client: Dates of Service

BID FOR SNOW REMOVAL SERVICES

[PRICES SHOULD BE SEPARATED ON A PER BUILDING BASIS AND INCLUDE PLOWING & SHOVELING SERVICES]

BUILDING1’ TO 3’

ACCUMULATION

4’ +ACCUMULATION

PER TON SPREAD

SALTING PRICE

PER BAG SALTING

PRICE

SHERIFF’S DEPT/JAIL


$ $ $ $

Comments:

DAY REPORTING CTR.(OLD ANIMAL SHELTER)200 5. Highlander Way Howell Ml 48843

$ $ $ $

Comments:



LIVINGSTON COUNTY


JUDICIAL CENTER


$ $ $ $

Comments:

LAW CENTER


$ $ $ $

Comments:

9-1-1 / EMERGENCY

MANAGEMENT SERVICES

300 5. Highlander Way Howell Ml 48843

$ $ $ $

Comments:

ANIMAL SHELTER /BUILDING SERVICES

418 S. Highlander WayHowell Ml 48843

$ $ $ $

Comments:

COURTHOUSE

200 E Grand River Ave. Howell Ml 48843

$ $ $ $

Comments:

ADMINISTRATION BUILDING

304 E Grand River Ave. Howell Ml 48843

$ $ $ $

Comments:

M.S.U. EXTENSION BLDG

820 E. Grand River Ave. Howell Ml 48843

$ $ $ $

Comments:

COMMUNITY MENTAL

HEALTH BUILDING (At East Complex)


$ $ $ $

Comments:



LIVINGSTON COUNTY


EAST COMPLEX


$ $ $ $

Comments:

INTERMODAL BUILDING

3950W. Grand River Ave. Howell Ml 48843

$ $ $ $

Comments:

NORTH STREET

GARAGE

Howell Ml 48843

$ $ $ $

Comments:

HAMBURG AMBULANCE

BASE

3706 M-36Pinckney Ml 48116

$ $ $ $

Comments:

BRIGHTON AMBULANCE

BASE

5360 5. Old U523 Brighton Ml 48116

$ $ $ $

Comments:

53RD DISTRICT COURT

[BRIGHTON]224 N. First Street Brighton Ml 48116

$ $ $ $

Comments:

Dated:

SUBMITTED BY:

Company Name

Signature

S:\WP\Policies\Purchasing Policy Docs\Purchasing Policy And Procedures Manual - APP 9.Doc

LIVINGSTON COUNTY EFFECTIVE: 9.16.13CREDIT CARD POLICY Page 1 of 1 Pages RESOLUTION: #2013-09-XX



RESOLUTION TO AMEND RESOLUTION #404-100 TO ADOPT AN AMENDED CREDIT CARDPOLICY FOR LIVINGSTON COUNTY - FINANCE DEPARTMENT

WHEREAS, the Finance Department has determined a need for the Credit Card Policy to be revised and updated; and

WHEREAS, as the Accounts Payable function is now under the Finance Department, the Finance Officer is designated as a responsible party of the credit card function rather than the County Clerk; and

WHEREAS, language has been added to clarify that a county business expense report must be included with credit card receipts for all travel and/or meals costs while on county business.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners hereby adopts the

attached amended Credit Card Policy for Livingston County, effective September 19, 2013.

BE IT FURTHER RESOLVED that said amended Credit Card Policy supersedes any and all other policies in

effect for Livingston County regarding the subject matter contained therein.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY EFFECTIVE: 9.16.13CREDIT CARD POLICY Page 1 of 2 Pages RESOLUTION: #2013-09-279

LIVINGSTON COUNTY

CREDIT CARD POLICYLIVINGSTON COUNTY, MICHIGAN

RESOLUTION # 2013-09-279 APPROVED: 9.16.13 EFFECTIVE: 9.16.13

RESOLUTION #404-100 APPROVED: 4.5.04 EFFECTIVE: 5.3.04

IT IS THE INTENT OF THIS POLICY TO COMPLY WITH PUBLIC ACT 1995, NO. 266, EFFECTIVE JULY 8, 1996,AND TO AUTHORIZE AND REGULATE CREDIT CARD TRANSACTIONS ON BEHALF OF LIVINGSTON COUNTY, INCLUDING THE USE OF CREDIT CARDS BY OFFICERS AND EMPLOYEES OF LIVINGSTON COUNTY.

DEFINITIONS

BUDGET: A plan of financial operation for a given period of time; including an estimate of all proposed expenditures from the funds of the County and the proposed means of financing the expenditures.

CREDIT CARD: A card or device issued under a credit card arrangement by a person licensed under Act No. 379 of Public Acts of 1984, being sections 493.101 to 493.114 of the Michigan Compiled Laws, by a person licensed under the consumer financial services act, Act No. 161 of the Public Acts of 1988, being section 487.2051 to 487.2072 of the Michigan Compiled Laws, or by a depository financial institution as definition section 1a of the mortgage brokers, lenders, and servicers licensing act, Act No. 173 of the public Acts of 1987, being section 445.1651a of the Michigan Compiled Laws.

CREDIT CARD ARRANGEMENT: An unsecured extension of credit for purchasing goods or services from the credit card issuer or any other person that is made to the holder of a credit card and that is accessed with a credit card.

CREDIT CARD POLICY: A policy adopted by resolution by the Livingston County Board of Commissioners.

CREDIT CARD PROVISIONS:

A. The County Administrator, or designee, and the County Finance Officer are designated by this credit card policy as the parties responsible for Livingston County’s credit card issuance, accounting, monitoring, and retrieval and generally for the overseeing compliance with the credit card policy. Elected Officials and Department Heads shall approve issuance of a credit card to his/her employees.

B. A credit card may only be used by an authorized officer or employee of Livingston County for the purchase of goods and/or services for the official business of Livingston County. Credit Card purchases shall be limited to business transactions in the performance of County business. Credit cards shall not be used for cash advances, standard merchant category exclusions (e.g., liquor, tobacco products) or for personal use.

C. The officer or employee using a credit card must notify the vendor or merchant that the credit card transaction should be tax exempt for goods or services purchased in the State of Michigan. An approved letter from Livingston County should be provided to the vendor if he/she requests documentation for tax and audit purposes.

LIVINGSTON COUNTY EFFECTIVE: 9.16.13CREDIT CARD POLICY Page 2 of 2 Pages RESOLUTION: #2013-09-279

D. An officer or employee who has been issued a credit card shall submit to the County Administrator, or designee, documentation detailing the goods and/or services purchased the cost of the goods and/or services, the date of the purchase, and the official business for which the goods and/or services were purchased. When the card is used for travel and/or meals for county business, the employee must fill out a business expense report showing the purpose of the travel or out of county meal(s) along with corresponding original itemized receipts.

E. An officer or employee issued a credit card is responsible for its protection and custody and shall immediately notify the credit card company at the toll-free number if the card is lost or stolen. In addition, the County Administrator, or designee, must be notified that the card is lost or stolen on the first available business day.

F. An officer or employee issued a credit card shall immediately return the credit card to the County Administrator or designee upon the termination of his/her employment or upon transfer to a new position within Livingston County.

G. A system of internal controls will be established to monitor the use of credit cards issued by Livingston County.

H. All credit cards invoices must be approved by the County Administrator or designee before payment can be made.

I. The balance including interest due on an extension of credit under the credit card arrangement shall be paid for within not more than 60 days of the initial statement date.

J. An employee issued a County credit card shall be required to sign a cardholders agreement. Any inappropriate use of credit cards issued by Livingston County will be subject to disciplinary action up to and including termination and/or penalties authorized by law for the unauthorized use of a credit card by an officer or employee.

K. The total combined authorized credit limit of all credit cards issued by Livingston County shall not exceed 5% of the total budget for the current fiscal period.

L. A department may include in their budget and pay the balance due on any credit cards, including annual fee and interest.

M. Credit card purchases shall be made in accordance with the Livingston County Purchasing Policy.

ADOPTION OF CREDIT CARD PROCESS

Based on the foregoing Credit Card Policy adopted by the Board of Commissioners, the County Administrator is empowered to adopt and amend, as necessary, any credit card procedures appropriate to carry out this policy. A copy of the credit card policy, procedures and any subsequent amendments shall be made available to the public.

DATE OF ADOPTION: This policy was adopted by the Board of Commissioners of the County of Livingston at a meeting thereof held on September 16, 2013, through Resolution # 2013-09-XX.

EFFECTIVE DATE: This policy shall become effective September 16, 2013.

RESOLUTION #2013-09-279 APPROVED: 9.16.13 EFFECTIVE: 9.16.13

S:\WP\POLICIES\CREDIT CARD POLICY 9 16 13.DOC RESOLUTION ATTACHED



RESOLUTION TO AMEND THE COUNTY CLAIMS AND PAYABLYES POLICY RESOLUTION 2011-12-345 – COUNTY ADMINISTRATION

WHEREAS, County Administration has determined the need for the Claims and Payable Policy in

December, 2011 be revised and updated; and

WHEREAS, the policy eliminates the requirement that all promotional items requires Board approval

prior to ordering; and

WHEREAS, the new ERP system will provide new efficiencies that will change some of the previous

requirements of the policy including uploading electronic supporting documentation into

the system content management system rather than providing paper copies and use of the

systems electronic workflow.

WHEREAS, all other areas of the previously adopted Claims and Payables Policy remain in effect.


the attached amended Claims and Payable Policy for Livingston County.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY APPROVED: 9.16.13CLAIMS AND PAYABLES POLICY Page 1 of 3 Pages RESOLUTION: 2013-09-280

I. PURPOSE AND SCOPE

The Uniform Budgeting Act, P.A. 621 of 1978, requires that the officers and/or employees of a local unit of government shall not authorize or participate in the expenditure of funds except as authorized by the units Legislative Body. It is the intent of the Livingston County Board of Commissioners that elected officials and department heads preserve the integrity of Livingston County government by adhering to the budget adopted by the Board of Commissioners and agreeing to submit forth claims for payment that are appropriate, reasonable and required for the administration and operation of their departments.

II. POLICY

Claims will be reviewed and certified by the responsible administrative officials prior to payment approval by the Board of Commissioners, to assure the prompt payment of invoices and the financial integrity of Livingston County government. The Accounts Payable department may pay certain budgeted pre-authorized account claims prior to approval by the Board to avoid finance or late charges in accordance with Payment of Accounts Payable with Board Pre-Authorization Policy. Claims which are presented for payment are subject to review and further discussion at the discretion of County Administration, in accordance with the Accounts Payable Audit Policy.

It shall be the duty of the County Board of Commissioners to adjust, allow and authorize the payment of all claims against the County. See: MCL 46.11 (q) and MCL 46.71.

Livingston County will follow the guidelines of allowable and unallowable expenditures for a Governmental Unit as set forth in the Bulletin for Audits of Local Units of Government issued by the Michigan Department of Treasury. The Bulletin can be accessed by following the link below:

(http://www.michigan.gov/treasury/0,1607,7-121-1751_2194-5984--,00.html)

The examples listed in the above mentioned bulletin are not considered an exhaustive list of legal or illegal expenditures. Exhibit “A” includes a list of unallowable, restricted expenditures or limited specific to Livingston County.

LIVINGSTON COUNTY

CLAIMS & PAYABLES POLICYRESOLUTION

#2013-09-280 LIVINGSTON COUNTY, MICHIGAN APPROVED: 9.16.13

RESOLUTION #2011-12-345 LIVINGSTON COUNTY, MICHIGAN APPROVED: 12.19.11


Failure to comply with the policy regarding submission of allowable expenses can result in the claim being adjusted or disallowed by the Board of Commissioners, and the claim not being paid by the County.

III. STATUTORY REFERENCES

The Board of Commissioners may establish such rules and regulations regarding the business concerns of the County as the Board considers necessary and proper. See: MCL 46.11(m); 46.71, Act 156 of the Public Acts of 1851, as amended.

IV. Departmental Procedures

Each elected official and/or department head, or their designee, shall receive the original invoice for a claim against their respective department. Immediately upon receipt of the invoice, the elected official and/or department head, or their designee shall:

$ Confirm funds were appropriated in the specific department annual budget, as amended; funds are available and the purchase is in compliance with the purchasing policy.

$ Compare the invoice with the purchase order, resolution or proposal, if applicable, to ensure the quantity and price are accurate.

$ Data enter the invoice into the County’s Enterprise Resource Planning (ERP) system. Upload the invoice and corresponding packing slip and resolution, if applicable, to the ERP Content Manager (TCM).

$ Invoices shall be electronically approved in the ERP system by the elected official and/or department head, or their designee. Electronic workflow will deliver the invoice to Accounts Payable.

If the invoice submitted does not contain all proper uploaded backup information, the invoice shall be rejected in the ERP system until proper information has been submitted.

A copy of the claims and payable processes and any subsequent amendments shall be sent to all Department Heads, Elected Officials and Board of Commissioners and made available on the County Website and LivCommunity site.

RESOLUTION #2011-12-345 APPROVED: DECEMBER 19, 2011

[ See Exhibit A attached as Page 3 ]

S:\WP\Policies\Claims and Payables Policy 12-19-11.doc


The following are a few expenses that are not allowable or have a restriction or limit connected to the purchase. It is not intended to be all inclusive but rather a list of common expenses that are illegal, inappropriate, unreasonable or not required for the administration and operation of County departments.

UNALLOWABLE EXPENSES

Retirement functions, gifts, holiday, birthday, religious, or plaques for employees or officials

Contributions to churches, veterans, 501(c)(3) charities, and non-profit organizations

Office refreshments, picnics

Items deemed as campaign material by the Board of Commissioners

Flowers

Over-the-counter medications

These items may be purchased at the employee’s expense

RESTRICTED EXPENSES

Coffee/Non-Alcoholic Beverages/Food - Coffee/Refreshments are allowable for public meetings but not for everyday office consumption

Promotional Materials – All purchases must be approved through Board resolutionprior to ordering

Clothing Allowance –Allowances for clothes or shoes that can be worn for everyday use are taxable. Employees who receive a clothing allowance shall not receive reimbursement for clothing or shoes above and beyond that allowance.

Office Supplies - basic office supplies shall be ordered from the County’s current vendor’s core item list. Items ordered outside of the core list may be subject to review for reasonableness under the terms of the Accounts Payable Audit Policy.

EXHIBIT “A”



RESOLUTION TO AMEND COUNTY GRANT POLICY RESOLUTION 101-023 – COUNTY ADMINISTRATION

WHEREAS, County Administration has determined the need for the Grant Policy approved on January

18, 2005 be revised and updated; and

WHEREAS, the policy revises the threshold of grants requiring board authorization prior to

application from $10,000 to $25,000; and

WHEREAS, the policy requires identification of funding sources for cash match and further requires

prior approval by the Board of Commissioners for all General Fund cash match

requirements of a grant; and

WHEREAS, revisions have been made to the policy language to incorporate decisions and

recommendations made for the ERP processes in the Project Ledger module.

WHEREAS, all other areas of the previously adopted Grant Policy remain in effect.


the attached amended Grant Policy for Livingston County.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY APPROVED: 9.16.13GRANT POLICY Page 1 of 3 Pages RESOLUTION: #2013-09-281

LIVINGSTON COUNTY

GRANT POLICYRESOLUTION #2013-09-281 LIVINGSTON COUNTY, MICHIGAN APPROVED: 9.16.13

RESOLUTION #105-023 LIVINGSTON COUNTY, MICHIGAN APPROVED: 1.18.05

PURPOSE AND SCOPE: The purpose of this Policy is to establish procedures for grant applications, approval, acceptance, implementation, compliance and reporting. The intent of the Board of Commissioners is to ensure fiscal and administrative accountability of Federal and State funds, property, and other assets awarded to Livingston County. For the purpose of this policy, a grant is a financial award that is subject to requirements imposed by the awarding agency.

SECTION I - GENERAL POLICY

GRANT APPLICATION: Grants with a potential award of over $25,000 in a single calendar year require approval by the Livingston County Board of Commissioners prior to submission of the grant application. Grants applications for awards under $25,000 may be approved by the County Administrator.

The County Financial Officer shall be designated as the grant fiscal officer for all grants. Copies of the grant award letter and the executed grant contract shall be uploaded and made viewable in the Content Management System (TCM) in the County’s Financial Enterprise Resource Planning (ERP) system.

Departments or grantees must direct grantor to send grant funds directly to the Livingston County Treasurer. All Financial Institution information related to the grant application must be completed by the Livingston County Treasurer's Office.

Grants requiring a local cash match must be made known and coordinated with County Finance. Sources for matching funds must be identified within the existing department budgeted object codes or a request submitted and authorization received from the Board of Commissioners for the amount or percentage of cash match required.

Grants that allow for reimbursement of indirect costs must include these costs in the grant application budget. Indirect costs estimation shall incorporate the County’s annual Cost Allocation Plan.

Grants that allow for reimbursement of administrative time and other costs related to administering the grant shall have those expenses clearly recorded in the Project Ledger within the ERP system to ensure full reimbursement to the County.

Grants requiring an expenditure budget to be included with the application or annual request must submit the proposed budget to County Finance for a technical review prior to submission to determine the accuracy of the calculations, completeness of reimbursable expenses identified, and development of accurate calendar year budgets for inclusion in the County’s Operating Budget.

GRANT MANAGEMENT: Each grant must have an individual designated as Grant Manager and have that person identified in the Project Ledger Master File. Each department is responsible for requesting


their grant funds, fulfilling the financial reporting requirements of the grant, and ensuring the proper revenue allocation has been performed.

Livingston County is responsible for maintaining an inventory of fixed assets purchased with grant funds, as well as making such fixed assets physically available for inspection during a grant audit. The sale or disposal of these assets must be in compliance with grant requirements as well as the County Fixed Asset Policy and must be coordinated with County Finance. All grant purchases must be made in accordance with the Livingston County Purchasing Policy.

GRANT ACCOUNTING: Fiscal control and fund accounting procedures shall be established to assure the proper dispersal of and accounting for, grant funds. Such procedures shall ensure that all financial transactions are conducted and records maintained in accordance with generally accepted accounting principles with the following objectives.

Maintain financial records in the County ERP system ensuring that the General Ledger and Project Ledger contains sufficient detailed information to accurately account for grant revenue, expenditures, assets, liabilities, and obligated balances.

In accordance with GASB-33, grant revenue should be consistently matched with related expenditures for the same time period using the modified accrual basis accounting method.

Budgetary Control – Timely reporting of comparison between planned and actual performance.

Grant Monitoring – Timely financial reporting and reconciliation to monitor financial progress and check accuracy of grant reporting throughout the life of the grant.

All federal grants, including those grants that are administered through a state “pass-through” agency, must be included on the County’s Single Audit Report.

The County’s timekeeping system should utilize the ERP Project Ledger, where possible, to track employee time attributable to a grant that provides such funding or requires that such time be tracked.

The existence of grant funds does not exempt County personnel from conducting project activities in accordance with County policies and procedures. Regulations and reporting requirements of the funding agency are in addition to, and not a replacement for, County policies and procedures.

SECTION II - RESPONSIBILITIES OF COUNTY PERSONNEL

GRANT MANAGER: The Grant Manager is responsible for fulfilling the program requirements of the grant and promptly submitting the required program monitoring reports to the funding agency. Progressfinancial and final reports must be uploaded to the County’s ERP Content Management system to be accessible by County Finance.

The Grant Manager shall work in conjunction with the designated Grant Financial Manager to review financial transactions, such as contract invoices, vouchers, travel reimbursements, purchase documents, and various other documents that obligate Livingston County. When reviewing documents, the Grant Manager is responsible for verifying the following that:

Charges to the grant correctly represent materials received or services rendered;

Charges represent activities that are allowable under the grant and comply with the budget that is established for the grant;

Funds are available in the grant to cover authorized charged; and

That the transactions comply with all relevant internal or external regulations, policies and procedures.


Grant Manager is responsible for quarterly reconciliation of revenue and expenditures reported on grant financial reports to the County ERP System financial reports. A copy of this reconciliation shall be sent to County Finance.

Grant Managers shall submit detail to be included in the Schedule of Federal Awards for grants that are subject to the Single Audit annually, no later than March 15th of each year. The Schedule of Federal Awards shall include:

CFDA Number

Federal Agency

Contact information for State pass-through agency

General Ledger Revenue and Expenditure object codes

Project Ledger Funding and Expense Strings

Calendar year grant expenditures

Grant Managers shall be responsible for notifying County Finance, who will work in conjunction with the County Payroll department in setting up the appropriate project codes to be used to track employee time, where possible.

Grant Managers shall also be responsible for reconciling the hours reported on grant financial reports with the employee time reported through the County’s time tracking system.

COUNTY FINANCE: County Finance shall assist the County’s auditor with the proper reporting of grants and will be responsible for preparing the Schedule of Expenditures of Federal Awards for the annual Single Audit.

County Finance will work in conjunction with the Treasurer’s office in setting up the appropriate general ledger revenue and expense object codes in the ERP System to ensure proper recording of grant funds.


S:\WP\Policies\Grant Policy 9-16-13.doc RESOLUTION ATTACHED



RESOLUTION TO ADOPT A BUDGET TRANSFER POLICY – COUNTY ADMINISTRATION

WHEREAS, the implementation of the County’s Enterprise Resource Planning system and new

processes has resulted in County Administration determining a need for a Budget

Transfer Policy; and

WHEREAS, budgetary controls in the ERP system will restrict County Departments from processing

transactions against a line item that does not have a sufficient available budget; and

WHEREAS, line items that do not have a sufficient available budget balance will require a budget

transfer be processed before that transaction process can be completed: and

WHEREAS, a budget transfer is a transfer between allowable line items within a departments

approved operating budget that has a net change effect of zero; and

WHEREAS, budget transfers cannot change the bottom line budget amount, cross funds, or cross

departments; and

WHEREAS, Department Directors and Elected Officials will be required in the ERP system to do a

budget transfer for line items that do not have a sufficient budget to continue processing

transactions in a timely manner; and

WHEREAS, empowering Department Directors and Elected Officials with the authority and the

flexibility to maintain positive budget balances and maintain continuity of operating

processes is essential in responsible budget management.


the attached Budget Transfer Policy for Livingston County.

# # #

MOVED:

SECONDED:

CARRIED:

LIVINGSTON COUNTY APPROVED: 9.16.13BUDGET TRANSFER POLICY Page 1 of 2 Pages RESOLUTION: 2013-09-???

LIVINGSTON COUNTY

BUDGET TRANSFER POLICYLIVINGSTON COUNTY, MICHIGAN

RESOLUTION #2013-09-??? APPROVED: 9.16.13

PURPOSE AND SCOPE: The purpose of this policy is to define the authority relating to budget transfers in the County’s Enterprise Resource Planning (ERP) System and facilitate the reallocation of budgeted funds from one object code to another within the department’s budget after the original budget has been approved. This policy applies to all Elected Officials and Department Directors with oversight of one or more County Departments with an operating budget approved by the County Board of Commissioners.

DEFINITIONS:

Budget Transfer Request (BTR) - occurs when budgeted amounts are moved within the same fund/department between allowable object codes (net effect change of zero)

Budget Amendment Request (BAR) – occurs when there is a bottom line change in approved budgeted amounts (increase/decrease).

Interfund Transfer – transfer between one fund and another

Object Code – general ledger account line item

Activity – County department as defined in the MUNIS general ledger chart of account structure

POLICY:

County Department Directors and Elected Officials are responsible for monitoring their budgets. A priority of responsible budget management is to prevent County departments from developing deficit balances. This policy provides procedures to control deficit balances by empowering departments with the authority and the flexibility necessary to maintain positive balances.

Department Directors, Elected Officials, and key department personnel have oversight and are able to view their department’s budgets at any time in the ERP system to ensure that the budget is not exceeded for each Fund/Activity. Department personnel will not be allowed to process a transaction in the ERP system if that object code does not have a sufficient budget balance. A Budget Transfer Request (BTR) will be required to move budgeted funds between allowable object codes within the Fund/Department before the transaction can be completed.

Department Directors, Elected Officials, or their designee, are authorized to transfer budgeted funds, with a net change effect of zero, between allowable object codes within their Fund/Activity to prevent deficit balances and allow for continuity in processing transactions. Object codes with an approved operating budget are allowable for transfer by the department with the exception of the following:

$ Payroll object codes

$ Internal Service Fund object codes

LIVINGSTON COUNTY APPROVED: 9.16.13BUDGET TRANSFER POLICY Page 2 of 2 Pages RESOLUTION: 2013-09-???

$ Contractual Service object codes (including contracts for dry cleaning, uniforms, inmate medical, and inmate food)

$ Copier object codes

$ Capital Equipment object codes

$ Transfer In/Out (Interfund Transfers)

All Budget Transfer Requests (BTR) will be monitored and posted by County Finance.

If funding is not available within the department total available budget balance a Budget Amendment Request (BAR) will be needed and will require the authorization of the Board of Commissioners via the Budget Amendment Process.

All Interfund transfers will require a Budget Amendment Request and authorization by the Board of Commissioners.

Budget Amendments will be posted to the general ledger after authorization is received by the Board of Commissioners.

ADOPTION OF BUDGET TRANSFER PROCESS:

Based on the foregoing budget transfer policy adopted by the Board of Commissioners, the County Administrator is empowered to adopt and amend as necessary any budget transfer processes necessary to carry out this policy. A copy of the budget transfer processes and any subsequent amendments shall be sent to all Department Heads, Elected Officials and Board of Commissioners and made available on the County Website and LivCommunity sites.

Adoption: This policy is adopted by the Board of Commissioners of the County of Livingston at a meeting held on September 16, 2013.

Effective Date: This policy shall become effective immediately.

RESOLUTION #2013-09-??? APPROVED: SEPTEMBER 16, 2013

RESOLUTION ATTACHED\\LIVCOHQ\Board-Admin\WP\Policies\Budget Transfer Policy.doc

Documents

BOARD OF COMMISSIONERS FULL...2013/09/16 · BOARD OF COMMISSIONERS 9/16/2013 304 E Grand River, Board Chambers, Howell, Michigan 48843 7:30 PM € AGENDA € 1. € CALL MEETING