finance committeefinance committee 3/13/2013 304 e grand river, board chambers, howell, michigan...

FINANCE COMMITTEE3/13/2013

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

AGENDA

1. CALL MEETING TO ORDER2. ROLL CALL3.

APPROVAL OF MINUTES Minutes Dated: February 27, 2013

4. TABLED ITEMS FROM PREVIOUS MEETINGS5.

APPROVAL OF AGENDA A. Consent Agenda - Res. 10 thru 12 B. Regular Agenda - Res. 13 thru 24

6. REPORTS Livingston Regional Sanitary Sewer System Presentation

7. CALL TO THE PUBLIC8.

APPROVAL OF CONSENT AGENDA ITEMS (Roll Call) A. Consent Agenda - Res. 10 thru 12

9.

RESOLUTIONS FOR CONSIDERATION: A. Regular Agenda - Res. 13 thru 24

10

Michigan Works RESOLUTION AUTHORIZING LIVINGSTON COUNTY MICHIGAN WORKS! TO PURCHASE PROMOTIONAL MATERIALS

11

Information Technology RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO BRADSHAW CONSULTING SERVICES INC. FOR MARVLIS SOFTWARE MAINTENANCE FOR THE LIVINGSTON COUNTY EMS DEPARTMENT FROM APRIL 26, 2013 THROUGH APRIL 27, 2014/INFORMATION TECHNOLOGY/GENERAL GOVERNMENT/FINANCE

12

Building Services RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF NATURAL GAS - Building Services

13

Register of Deeds RESOLUTION AUTHORIZING A SET AMOUNT OF MONIES TO BE ADDED TO THE LINE ITEM FOR OVERTIME IN THE REGISTER OF DEEDS 2013 BUDGET - REGISTER OF DEEDS / General Government / Finance / Full Board

14

Public Health RESOLUTION AUTHORIZING THE ELIMINATION OF THE HEALTH EDUCATOR SUPERVISOR POSITION AND THE CREATION / FILLING OF A HEALTH EDUCATOR POSITION AT THE DEPARTMENT OF PUBLIC HEALTH

15

Building Services RESOLUTION AUTHORIZING CONTRACT WITH LINDHOUT ASSOCIATES ARCHITECTS FOR ARCHITECTURAL SERVICES -BUILDING SERVICES

16

LETS RESOLUTION AUTHORIZING CONTRACTS FOR PREVENTATIVE MAINTENANCE SERVICES FOR MEDIUM DUTY DIESEL BUSES –Purchasing / L.E.T.S. / General Government / Finance / Board

17

LETS RESOLUTION AUTHORIZING OUT OF STATE TRAVEL FOR L.E.T.S. OPERATIONS MANAGER AND DRIVER TRAINER TO ATTEND THE F.T.A. DRUG AND ALCOHOL CERTIFICATION CLASS AND CONFERENCE IN PHOENIX, AZ. April 9 - 11, 2013 – L.E.T.S. / General Government

18

Emergency Medical Services RESOLUTION AUTHORIZING THE WRITE OFF OF BAD DEBT FOR THE YEAR 2009 - EMS / Health & Human Services Committee / Finance Committee

19

Emergency Medical Services RESOLUTION AUTHORIZING A CHANGE IN THE MILEAGE CHARGE FOR EMERGENCY MEDICAL SERVICES – EMS/ HEALTH AND HUMAN SERVICES COMIITTEE/ FINANCE COMMITTEE

20

Emergency Medical Services RESOLUTION AUTHORIZING EMS TO ENTER INTO AN AGREEMENT TO PROVIDE EMS EDUCATION FOR THE LIVINGSTON EDUCATIONAL SERVICE AGENCY -EMS/FINANCE

21

Drain Commissioner RESOLUTION APPROVING THIRD AMENDMENT TO THE ACT 185 CONTRACT BETWEEN LIVINGSTON COUNTY AND TYRONE TOWNSHIP REGARDING THE LIVINGSTON REGIONAL SANITARY SEWER PROJECT

22

Drain Commissioner BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS FOR THE LIVINGSTON REGIONAL SANITARY SEWER IMPROVEMENT PROJECT

23

Drain Commissioner BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS TO REFUND A PORTION OF THE LIVINGSTON COUNTY CAPITAL IMPROVEMENT BONDS, SERIES 2006

24

Administration RESOLUTION TO SUBMIT ESTIMATED 2014 BUDGET TO ALLOCATION BOARD - Administration

25.

MISCELLANEOUS CLAIMS Claims and Payables - February 20 to March 6, 2013

26. COMPUTER PRINTOUT (attached)27.

DISCUSSION A. Year End Finance Update B. Project Vision Update

28. ADJOURNMENT

RESOLUTION NO:

LIVINGSTON COUNTY DATE:

RESOLUTION AUTHORIZING LIVINGSTON COUNTY MICHIGAN WORKS! TO PURCHASE PROMOTIONAL MATERIALS

WHEREAS, Per County Resolution 2011-12-345, County Departments must request approval from the Livingston County Board of Commissioners before purchasing any promotional materials; and

WHEREAS, Each year, Livingston County Michigan Works! hosts two major events: the Livingston Regional Job Fair in April and the Michigan Works! Annual Awards Ceremony in October; and

WHEREAS, Many different representatives from local businesses, non-profits and community organizations will be present along with hundreds of job seekers at these events; and

WHEREAS, Both the Regional Job Fair and Annual Awards Ceremony are events that are sponsored by various local organizations with no grant or County General Funds used in their implementation; and

WHEREAS, Michigan Works! is looking at having small items, less than $1 each, with the Michigan Works! logo available to give to job seekers and local employers that exhibit at the Job Fair; and

WHEREAS, Michigan Works! would like to continue to provide small items (between $8-$10/person) to sponsors and Workforce Development Council members at the Annual Awards Ceremony; and

WHEREAS, The total cost of all promotional items purchased will not exceed $1,200.

IT IS THEREFORE RESOLVED, that the Livingston County Board of Commissioners approves the

purchase of promotional items not to exceed $1,200 in total for Livingston County

Michigan Works!

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum

To: Livingston County Board of Commissioners

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

Date: 3/6/2013

Re:RESOLUTION AUTHORIZING LIVINGSTON COUNTY MICHIGAN WORKS! TO PURCHASE PROMOTIONAL MATERIALS

Per County Resolution 2011-12-345, County Departments must request approval from the Livingston County Board of Commissioners before purchasing any promotional materials. Each year, Livingston County Michigan Works! hosts two major events: the Livingston Regional Job Fair in April and the Michigan Works! Annual Awards Ceremony in October. At these events, many different representatives from local businesses, non-profits and community organizations will be present along with hundreds of job seekers. Livingston County Michigan Works! would like to provide promotional materials to these organizations and residents.

Both the Regional Job Fair and Annual Awards Ceremony are events that are sponsored by various local organizations. No grants funds or County general funds are used in any of the expenditures for these events. At the Job Fair, Michigan Works! is looking at having small items such as pencils, pencil sharpeners and calendars with the Michigan Works! logo available to give to job seekers and local employers that exhibit at the Job Fair. At the Annual Awards Ceremony, Michigan Works! would like to continue providing small items (between $8-$10/person) to sponsors and Workforce Development Council members. In total, all items will not exceed $1,200.

Attached is a resolution approving the purchase of promotional materials by Livingston County Michigan Works! for your consideration.

LIVINGSTON COUNTY, MICHIGANLIVINGSTON COUNTY MICHIGAN WORKS!

1240 Packard Dr Howell, MIPhone 517-522-2100 Fax 517-546-2353

Web Site: www.lcmw.org

RESOLUTION NO:


RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO BRADSHAW CONSULTING SERVICES, INC. FOR MARVLIS SOFTWARE MAINTENANCE FOR THE LIVINGSTON COUNTY EMS DEPARTMENT FROM APRIL 26, 2013 THROUGH APRIL 27, 2043 2014 / INFORMATION TECHNOLOGY/GENERAL GOVERNMENT/FINANCE

WHEREAS, due to the need to ensure that the technical support services and software upgrades are received for the Livingston County EMS Department for their Marvlis software through Bradshaw Consulting Services; and

WHEREAS, in compliance with the Livingston County Purchasing Policy, Bradshaw Consulting Services, Inc is the sole source for the purchase of the annual Marvlis Software Maintenance for the Livingston County EMS Department; and

WHEREAS, after the review of the vendor and products, Purchasing recommends that a Purchase Order with Bradshaw Consulting Services, Inc., of Aiken, South Carolina, be awarded for a one year period from April 26, 2013 through April 26, 2043 2014 for an amount not to exceed $17,520.00; and

WHEREAS, this cost has not increased from last years’ cost;and

WHEREAS, funding for same is available through the Emergency Medical Services Budget; and

WHEREAS, this Resolution has been recommended for approval by the General GovernmentCommittee.

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

approves a Purchase Order be issued to Bradshaw Consulting Services, Inc., for software

maintenance for Marvlis software from April 26, 2013, through April 27, 2014, for an

amount not to exceed $17,520.00.

# # #

MOVED:SECONDED:CARRIED:

Memorandum


From: Greg Jolliff, Network Manager

Date: 2/11/2013

Re: Software Maintenance for MARVLIS

Attached for your review and approval is a Resolution authorizing the purchase of annual software maintenance with Bradshaw Consulting Services, Inc. for the Livingston County EMS Department.

The software, MARVLIS, is needed for tracking and used in compliance with the Livingston County OSSI Public Safety System.

The total amount for software maintenance for the MARVLIS software maintenance that will run from April 26, 2013 through April 27, 2014, is $17,520.00

It is very important for the Information Technology Department to keep software maintenance on our county software. It allows us to get the necessary updates and application support without any interruption to our departmental daily business.

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

LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF LIVINGSTON INFORMATION TECHNOLOGY

304 E. Grand River Ave., Suite 101Phone 517 548-3230 Fax 517 545-9608

Web Site: co.livingston.mi.us

RESOLUTION NO:


RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF NATURAL GAS -Building Services

WHEREAS, since January 1, 2011, Livingston County has utilized third-party natural gas suppliers for the delivery of natural gas in which our savings through November 31, 2012 has been $39,459 compared to the Consumer Energy rates; and

WHEREAS, our current contract with Constellation Energy for the rate of $ 4.82 per Mcf will expire on March 31, 2013, and

WHEREAS, Constellation Energy recommends we wait until April to lock in a rate as they anticipate the rate will be closer to $4.15 per Mcf due to warmer weather and large on-hand supplies; and

WHEREAS, per the Purchasing Policy we will obtain three (3) quotes and award to the lowest, most responsive supplier with all meters, account numbers, billing and customer service to remain with Consumers Energy with the exception of the line item for the cost of gas delivery which will reflect our contract price.


approves a contract with the lowest, most responsive natural gas supplier after

obtaining quotes for the purchase of natural gas through April 30, 2014.

BE IT FURTHER RESOLVED that the Board Chair be authorized to sign any necessary

documents to facilitate this contract after approval and review of civil counsel.

# # #

MOVED:

SECONDED:

CARRIED:

Livingston CountyBuilding Services420 South Highlander WayHowell, MI 48843(517) 546-6491

MEMORANDUM


From: Chris Folts, Building Services Director

Date: March 4, 2013

Subject: Contract for natural gas supplier

Since January 1, 2011, Livingston County has utilized third-party natural gas suppliers for the delivery of natural gas to County buildings in which the current contract will expire on March 31, 2013. We have saved $ 39,459, through November 31, 2012, by utilizing these suppliers compared to Consumer Energy rates.

In talking with our current supplier, Constellation Energy, they recommend waiting until April to lock in a rate as they anticipate the rate will be closer to $4.15 per Mcf due to warmer weather and large on-hand supplies. Our current contract price is $4.82 per Mcf. The current approved rate for Consumers Energy on March 1, 2013 is $ 5.4503 per Mcf with the potential for the rate to go as high as the maximum rate allowed by the Michigan Public Service Commission. Per the Purchasing Policy we will obtain three (3) quotes and award to the lowest, most responsive supplier. All meters, account numbers, billing and customer service will remain with Consumer Energy with the exception of the line item for the cost of gas delivery which will reflect our contract price.

Therefore, we are asking that the attached resolution be approved authorizing the approval of a contract with the lowest, most responsive natural gas supplier after obtaining quotes for the purchase of natural gas through April 30, 2014.

If you have any questions or concerns, please do not hesitate to contact me.

RESOLUTION NO:


RESOLUTION AUTHORIZING A SET AMOUNT OF MONIES TO BE ADDED TO THE LINE ITEM FOR OVERTIME IN THE REGISTER OF DEEDS 2013 BUDGET – REGISTER OF DEEDS / General Government / Finance / Full Board

WHEREAS, the Register of Deeds, with a current staff to 2 part time and 6 full time employees, has

seen where the installation of the AVID Software System has made it a lot more efficient

in handling the increasing number of documents submitted for recording; and

WHEREAS, the Register of Deeds is continuing to see the number of documents submitted for

recording increasing over the last three years which has now caused the staff to not only

fall behind in the process, they find a lot of their time is being spent on telephone calls

regarding those documents due to the fact they are not yet available for online searching;

and

WHEREAS, the Register of Deeds is aware of the hiring freeze and would like the Board of

Commissioners to authorize a limited amount of overtime (not to exceed $7,500.00) so

staff can catch up on the processing of documents enough to eliminate the phone calls

that are using so much of their time that could be used to process the daily work; and

WHEREAS, the Register of Deeds will report back to the Board in three months to see if this overtime has helped alleviate the backlog of work, or if the recordings have continued to increase which would require asking the Board of Commissioners for an exception to the hiring freeze to add additional staff; and


approves this Resolution to authorize an amount not to exceed $7,500.00 to the Line Item

for Overtime to the Register of Deeds Budget for 2013.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: Sally Reynolds

Date: 03/05/2013

Re:RESOLUTION AUTHORIZING A SET AMOUNT OF MONIES TO BE ADDED TO THE LINE ITEM OF OVERTIME IN THE REGISTER OF DEEDS 2013 BUDGET – REGISTER OF DEEDS / General Government / Finance / Full Board

Dear Board of Commissioners

I have indicated to you recently that the recording has steadily picked up and especially in the last quarter of 2012, which is a good thing. However, it has continued to increase and has now become burdensome to the staff to deal with the recording in a serviceable manner.

The Register of Deeds Office is just now processing the documents recorded at the first of January this year.

When we are that far behind with the recording process, it causes a lot of my staff’s time to be used to answer phone calls in regards to recorded documents and there whereabouts.

As you can see by the numbers our workload has increased considerably and we have been able to maintain until recently. I have hesitated to ask for overtime or additional help because I wasn’t sure if the recording was going to continue to increase. It is now time for me to ask. I would now like to ask the Board of Commissioners to authorize the use of overtime for a three month period, which should not exceed $7,500.00 and to add the necessary funds to my 2013 budget to cover this expenditure.

I expect this overtime will alleviate the backlog and have my staff back on track within the next three months. If the workload continues to increase and I find the backlog is not being eliminated, I will come back to the Board for additional overtime or the possibility of a request of an exception to the hiring freeze.

I will be glad to answer any question you may have at or before the General Government Committee meeting.

LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF REGISTER OF DEEDS

200 E GRAND RIVER AVE, HOWELL, MIPhone 517.540.8823 Fax 517.546.5966


Sincerely,

Sally Reynolds Register of Deeds

Here is an overview of the last 3 years of Revenue and number of Documents recorded: REGISTER OF DEEDS REVENUE & RECORDINGS for last 3 years 1st qtr 2nd qtr 3rd qtr 4th qtr

2010 Revenue 865,968.34 1,383,937.69 1,109,692.08 1,106,756.27 4,466,354.38 # of Documents

Recorded 7932 10650 7903 6190 32,675

2011 Revenue 1,010,241.19

1,106,199.78 1,311,218.80

1,278,128.89

4,705,788.66

# of Documents Recorded

9,450

10,050 8,220

8,982

36,702

2012 Revenue 1,112,033.57

1,483,489.42 1,849,267.63

1,852,058.74

6,296,849.36

# of Documents Recorded

9,683

12,760 11,187

12,525

46,155


Sally Reynolds

RESOLUTION NO.:


RESOLUTION AUTHORIZING THE ELIMINATION OF THE HEALTH EDUCATOR SUPERVISOR POSITION AND THE CREATION / FILLING OF A HEALTH EDUCATOR POSITION AT THE DEPARTMENT OF PUBLIC HEALTH (Personnel, General Government, Finance, Full Board)

WHEREAS, the Department of Public Health has received a notice of retirement of the individual employed as the Health Educator Supervisor effective June 24, 2013; and

WHEREAS, the position has evolved into more health education activities and less supervisory responsibilities, and

WHEREAS, the Department of Public Health is requesting that the Health Educator Supervisor position be eliminated when it becomes vacant and be replaced with a Health Educator, and

WHEREAS, Human Resources, with the assistance of the compensation consultant, has recommended the Health Educator position be placed at Grade K on the Non-Union Salary scale; and

WHEREAS, the Personnel Committee has approved the placement of the Health Educator at a Grade K on the Non-Union Salary Schedule; and

WHEREAS, due to the community involvement of the Health Educator Supervisor, the responsibilities required by the federally-funded emergency preparedness program and the need to provide for a smooth transition, the Department desires to have a Health Educator position filled prior to the effective date of the Health Educator Supervisor vacancy; and

WHEREAS, this Resolution has been recommended for approval by the Health and Human Services Sub-Committee and the Finance Committee.

THEREFORE BE IT RESOLVED that the Livingston County Board of Commissioners

hereby approves the elimination of the Health Educator Supervisor position and

the creation of a Health Educator position within the Department of Public

Health.

RESOLUTION NO:

PAGE: 2

CURRENT POSITIONS REQUESTED POSITIONS

POSITION TITLEFULL -TIME #

PART -TIME #

POSITION TITLEFULL -TIME #

PART -TIME #

Health Officer 1 Health Officer 1Director, Personal/Prevent. 1 Director, Personal/Prevent. 1Medical Director 1 Medical Director 1Sr. Accountant 1 Sr. Accountant 1Health Education Supervisor 1 Health Educator 1Public Health Supervisor 1 Public Health Supervisor 1Nurse Program Coordinator 5 Nurse Program Coordinator 5Nurse II (Part-time) 2 Nurse II (Part-time) 2Nutritionist 1 Nutritionist 1Program Clerk III 2 Program Clerk III 2Program Clerk II 1 Program Clerk II 1Program Clerk 1 Program Clerk 1Office Specialist 1 Office Specialist 1Commun.Disease Clerk 1 Commun.Disease Clerk 1Administrative Aide 1 Administrative Aide 1Hearing/Vision Coord. 1 Hearing/Vision Coord. 1Hearing/Vision Tech. 4 Hearing/Vision Tech. 4Breastfeeding Counselor 1 Breastfeeding Counselor 1

TOTAL 18 9 TOTAL 18 9

THEREFORE BE IT RESOLVED that the Board of Commissioners authorizes the filling of

the Health Educator position at Grade Level K, no earlier than May 6, 2013, to

ultimately replace the Health Educator Supervisor position, upon retirement.

# # #

MOVED:

SECONDED:

CARRIED:

Community Committee ListFebruary 15, 2013

Behavior Health Science Forum (BHSF) – local health department network

Breast & Cervical Cancer Control Program (BCCCP) – women’s health issues

Community Connect – community health

Livingston County Community Alliance (LCCA) – youth ATOD prevention

Livingston County Hunger Council - nutrition

Livingston County Prevention Project Parent Mobilization Initiative – youth ATODprevention

Michigan Department of Commuity Health (MDCH) -Health Cardiovascular Health, Nutrition, and Physical Activity SectionGreat Start Preschool Health Advisory Committee

Regional School Health Committee – student healthHuron Valley Safe Kids – youth safety

Safe Routes to School - physical activitySchool Wellness Committees in each of 5 Livingston County School DistrictsSummer Lunch Bunch - physical activity and nutritionUnited Way 211– community health

Job Title: Health EducatorIncumbent’s Name: 2/13 Page 1 of 3

EMPLOYEE NAME:

JOB TITLE: Health Educator

SUPERVISED: None

IMMEDIATE SUPERVISOR: Ted Westmeier

TITLE OF IMMEDIATE SUPERVISOR: Director/Health Officer

FLSA STATUS: Exempt - Professional

DEPARTMENT: Public Health LOCATION: East Complex

EFFECTIVE: 04/01/2013 GRADE K RANGE: $42,708 - $54,101

WORKERS COMP. CODE: 9410

SUMMARY OF POSITION:The Health Educator, under the direction of the Director/Health Officer, plans, implements, and evaluates data driven activities that prevent the incidence of morbidity and mortality in the Livingston County population. The Health Educator also participates in community collaborative efforts to improve community health outcomes. This employee will work with public, civic, professional, private, volunteer, groups and their representatives, and performs related duties as assigned.

ESSENTIAL FUNCTIONS:1. Supports coalition efforts dealing with public policies and health issues and assists in the

implementation of program plans and grant objectives.2. Supports efforts and activities with other county health professionals and local agencies in

the delivery of health education services. 3. Serves on various committees with representatives of community agencies to ensure the

health needs of the community are being met.4. Develops marketing campaigns for services and programs of the health department including

distribution of news releases, public service announcements, printed promotional materials as well as speaking engagements.

5. Researches federal and state funding programs to determine conditions and criteria for eligibility of health department participation. Prepares applications for grants and other funding alternatives in conformity with requirements. Prepares regular reports required for the continuation of grant funding.

6. Researches and, if needed, prepares materials, literature, statistics, and other resources for program implementation, utilizing various software applications and databases.

7. Performs other duties of a similar nature or level.

GENERAL DUTIES:1. Will behave and communicate in a manner that promotes a positive work atmosphere.

E stablished 1 8 3 7

Livi

ngston County, M

ichigan


2. Will maintain an awareness to provide a safe and healthy environment and will report all hazards and/or concerns.3. Will participate in approved staff development activities and in-services.4. Will adjust work schedule, with supervisory approval, to meet County needs.5. Will accept other responsibilities and duties required by the supervisor consistent with the objectives and essential functions of this position. 6. Will advise supervisor if actual practice (activity) begins to deviate significantly from specified essential functions.

SUPPLEMENTARY FUNCTIONS:1. May represent Livingston County on internal/external committees or work groups to enhance service delivery or service planning.2. May participate in community education activities.3. May be required to participate in the periodic evaluation of services and service planning. 4. May receive and assist in resolving complaints or inquiries related to services provided by Livingston County. 5. Will participate in approved emergency activities and/or preparedness drills in the case of a county declared disaster or emergency.

LICENSING or CERTIFICATIONS: Valid MI Driver’s License and a good driving record.

QUALIFICATIONS:1. Bachelors Degree in Health Education or Public Health; and 2. Certified Health Education Specialist preferred.

Knowledge of: Education principles; Applicable local, state, and federal laws, rules, and regulations; Available resources and services; Community and media relations.

Skill in: Prioritizing work; Providing educational services; Preparing reports and other correspondence; Operating a computer and applicable software applications and knowledge of all Microsoft

Office Products and how to use them efficiently; Applying local, state, and federal laws, rules, and regulations; Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the

general public, etc. sufficient to exchange or convey information and to receive work direction.

Ability to maintain records, prepare reports and answer questions. Ability to maintain effective working relationships and productively serve as a member of a

team with employees and the public plus have the ability to deal with problems courteously and tactfully.


Must be able to maintain cooperative working relationships and possess good interpersonal skills and be able to work within a team structure.

STAFF DEVELOPMENT/TRAINING: Prevention of Harassment in the Workplace Michigan Right to Know

WORKING CONDITIONS:Physical Requirements: Positions in this class typically require: fingering, grasping, 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, restaurant, or general office

environment. May be in contact with infectious diseases. Use of household cleaning products and disinfectants may be required. Work involves exposure to environmental conditions such as inclement weather conditions.

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.

I understand that failure to comply with all areas of this Position Description could result in disciplinary action. By signing below, I am indicating that I have read and understand all job requirements, agree to abide by them as written, and have received a copy of this document.

_________________________________ ________________________________Signature of Employee Signature of Supervisor

_________________________________ ________________________________Date Date

POSITION DESCRIPTION ESTABLISHED: 02/13

POSITION DESCRIPTION REVIEWED:

Job Evaluation Worksheet

Position Totals Grade

Health Educator 5b 375 3a 270 3ac 325 1a 0 4b 600 2b 150 2b 300 3a 250 2270 K

LEVELS Point ranges:D 1180-1200 G 1501-1650 J 2001-2200 M 2601-2800 P 3401-3700 S 4301+E 1201-1350 H 1651-1825 K 2201-2400 N 2801-3100 Q 3701-4000F 1351-1500 I 1826-2000 L 2401-2600 O 3101-3400 R 4001-4300

Evaluated by Karine Stover of Rahmberg StoverEvaluated: 2/13/13

1 2 3 4 5 6 7 8

Educ/Exp Judgment Commun. Supvr.Work

OthersComplexityResp for

Impact Environ.

REQUEST FOR EXCEPTION TO THE HIRING FREEZE

Request Submitted by: Ted Westmeier

Title of Position to be Filled; Health Educator Salary: $42,708

Annual Cost of Budgeted Position:$62,041 Projected Cost for the next five years: $414,633

New Position/Classification (Yes/No): Yes Created and Approved by PersonnelCommittee on February 20, 2013 for replacing Health Educator Supervisor

If No: Jennifer Lavelle is current Health Educator Supervisor

To Temporarily Replace an Employee who is on approved leave of absence: NoName of Employee on Leave: Date of Expected Return:

When did the position become vacant? It will become vacant on June 24, 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? No, however due to the significant reduction in salary (a two grade decrease plus the step differences) we will recognize a salary savings of over $12K for the remainder of the year.

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 ofthe job description. The position is necessary in order for the Department ofPublic Health to be engaged with the many community stakeholdersaffecting the overall health of our community. Also the position supports coalitions, supports other agencies in delivery of health education services and assists all of our programs in marketing and communityoutreach and education. This position is also needed as the primary PublicInformation Officer (PIO) for our Department. Please refer to the attachedcommittee assignments as well as the job description.

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. The Michigan Public Health Code andthe Michigan Local Public Health Accreditation Program requires that each local health department have health education capacities. We would be unable to meet these requirements without a health educator.

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

Jan. 2006: 35.5 FT, 4.15 PT Jan. 2007: 34.5 FT, 3.4 PT: Jan. 2008: 33.5 FT, 2.8PT; Jan. 2009: 28.2 FT, 3.05 PT; Jan. 2010 32.3 FTE’s; Jan 2011 31.1 FTE’s; Jan 2013 33.425

Please explain changes: Budgetary Constraints resulted in the decrease for many years. The reclassification of frequently used temporary/casual staff resulted in a slight increase of part-time staff for 2011. Director/Health Officer is now full time in Livingston and not being shared with Jackson.

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. Besides not having adequate time fromother staff to conduct the duties of a health educator, a health educator is a public health professional trained in the evidence based methods and processes that can appropriately motivate positive outcomes of the target audience. They are skilled presenters and developers of health educationmaterials. They assist and enhance outcomes of all our programs and initiatives through health education activities.

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? We do not have adequate personnel time nor do we have staff trained as health educators.

6. Specifically list three reasonable options if your request to replace a position is denied. No reasonable options.

7. What are the consequences of deferring the vacant position over the next several months and beyond? The Department of Public Health will be absent from many of the community committees and coalitions that are great contributors for improving our overall health status of our community. We would not have adequate personnel to maintain a trained PIO (required by the grants funds for Emergency Preparedness) nor have the staffing infrastructure to meet the minimum program requirements for the Michigan Public Health Accreditation Program.

Vacancy Review PolicyPage 5 of 7

8. What budget saving measures has this department implemented? Haveadditional measures been identified? We have reduced our workforce, shared positions with other county departments, shared positions with other counties, use of volunteers at the reception desk, utilization of unpaid interns, etc.

9. What position or other costs would you be willing to drop to enable hiring – if that becomes necessary to obtain approval for hire? The department cannotdecrease employees to cover the cost of this position.

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. Refer to organizational chart 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? The work needs to be performed in our county.

12. Explain what services can be provided by others, private sector or non-profit? The Department is unaware of any other agency that would be able toprovide this scope of service in our county.

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? Not aware of any at this time.

14. Has the use of temporary employees been evaluated to handle the work? Please provide explanation(s). This position would not be a good fit for a temporary employee. We need a person that is available during normal working hours and on call for emergencies.

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). We do not feel that part-time employees will work inthis circumstance. We utilize part-time employees in positions we feel are appropriate for part-time in order to reduce costs.

Vacancy Review PolicyPage 6 of 7

RESOLUTION NO:


RESOLUTION AUTHORIZING CONTRACT WITH LINDHOUT ASSOCIATES ARCHITECTS FOR ARCHITECTURAL SERVICES - BUILDING SERVICES

WHEREAS, Livingston County maintains a number of buildings at the East and West complexes, as well as downtown Howell; and

WHEREAS, in order to properly maintain these buildings, continual adjustments and modifications are required; and

WHEREAS, the most cost effective manner in insuring the maintenance and modifications are accomplished in compliance with the various codes and ordinances includes the input of professional architectural services; and

WHEREAS, the Purchasing Department publically solicited proposals from architectural firms and received 14 proposals; and

WHEREAS, a committee consisting of staff from the Building Services, Sheriff, Planning, Purchasing andthe Drain Commissioner’s Office independently reviewed and ranked each proposal and from which this recommendation for award is based, and

WHEREAS, pricing will be per the attached pricing schedule which will remain fixed for three (3) years. Any agreed upon price increases in subsequent years will not exceed 3%.

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

five (5) year contract with two (2) 1-year extensions with the firm Lindhout Associates

Architects, AIA, PC. per the attached pricing schedule which will remain fixed for three (3)

years. Any agreed upon price increases in subsequent years will not exceed 3%.

BE IT FURTHER RESOLVED that the Board of Commissioners hereby authorizes the Chairman to sign the

above contract and any renewal documents after review and approval of civil counsel.

# # #

MOVED:

SECONDED:

CARRIED:

Livingston CountyBuilding Services420 South Highlander WayHowell, MI 48843(517) 546-6491

MEMORANDUM


From: Chris Folts, Building Services Director

Date: March 4, 2013

Subject: Contract for as-needed Architectural Services

Livingston County Building Services department maintains a number of buildings at the East and West complexes, as well as downtown Howell. In order to properly maintain these buildings, continual adjustments and modifications are required. The most cost effective manner in insuring the maintenance and modifications are accomplished in compliance with the various codes and ordinances includes the input of professional architectural services.

The Purchasing Department publically solicited proposals from architectural firms and received 14 proposals. A committee consisting of staff from the Building Services, Sheriff, Planning, Purchasing and the Drain Commissioner’s Office independently reviewed and ranked each proposal and from which this recommendation for award to Lindhout Associates is based (see attached ranking sheet). Pricing, per the attached pricing sheet, will remain fixed for three (3) years with any agreed upon increases in subsequent years capped at a rate not to exceed 3%.

Therefore, we are asking that the attached resolution be approved authorizing the approval of a contract with Lindhout Associates Architects for as-needed architectural services for a five (5) year period with the option to renew for two additional one-year periods.

If you have any questions or concerns, please do not hesitate to contact me.

RESOLUTION NO:


RESOLUTION AUTHORIZING CONTRACTS FOR PREVENTATIVE MAINTENANCE SERVICES FOR MEDIUM DUTY DIESEL BUSES – Purchasing / L.E.T.S. / General Government / Finance / Board

WHEREAS, it’s essential to maintain the L.E.T.S. medium duty diesel buses being utilized in the performance of county business; and

WHEREAS, a Request for Proposals was released on the MITN e-procurement system, ad in the local paper, and letters sent to local businesses to provide preventative maintenance services for medium duty diesel from companies with qualified and licensed mechanics; and

WHEREAS, three (3) proposals were received and reviewed by a committee consisting of representatives from L.E.T.S. and the Purchasing Departments; and

WHEREAS, the review committee recommends entering into non-exclusive contracts for service for a two (2) year period with an option to renew for an additional two (2) year period, with a 30 day termination clause, without cause upon written notice.


approves entering into non-exclusive contracts for preventative maintenance services for a two

(2) year period with an option for a two (2) year renewal, upon written notice, for a total contract

period not to exceed four (4) years with Bob Maxey Ford of Howell, Reliable Fleet Services of

Howell, and Roy’s Autoworks of Howell, subject to availability of appropriated funds.

BE IT FURTHER RESOLVED that the Board Chairman be authorized to sign said contracts

upon preparation of Civil Counsel.

# # #


RFP-LC-13-01 - Preventative Maintenance - Med. Duty Diesel

Vendor Name: Bob Maxey Reliable Fleet Services, Inc. Roy's Autoworks

Total Number of Licensed Master Mechanics: 1 3 5Labor Rates:Standard (Street Price) Labor Rate Per Hour $90 $92 $85Discount Labor Rate Per Hour $70 $92 $80Flat Rate L.O.F. Labor Only 16/Flat Rate 92/Hr. 20/Flat Rate

Radiator Service and Repairs Labor Rate Per Hour $70 $92 $80Fuel Filter Service Gas Labor Rate Per Hour $70 $92 $80MDOT Vehicle Inspection 70/Hr. 92/Hr. 160/Flat Rate

Disposal Fee $2.00

$3.00Freight Charges if

Applicable

Discount on Parts Cost +10% Cost + 30% Cost +10%Porter Services: NO NO YES

Number of Porters 2Service is included at no additional cost NO CostCharge per mile @ $Flat Rate $

Warranty (Number of Days)

Manufacturer Warranties and 1 Year

on Ford/Motorcraft Parts

Manufacturer Warranties and 1 Year

on Parts 1 Year

Exclusion for RFP NO NO NO(3) References YES YES YESMeet Insurance Requirements YES YES YESMeet FTA Contract Clauses YES YES YESEquipment List: YES YES YES

Comments

no diagnostic or special tools for

Chevy diesel engines

Parts over $800 - 20% above cost

Has-mat Fee

Shop Fee

Miscellaneous

Environmental Fee

@[email protected]/12/2013

Memorandum

To: LIVINGSTON COUNTY BOARD OF COMMISSIONERS

From: Jana Daroczy, CPPB, Purchasing Assistant

Date: March 1, 2013

Re: RESOLUTION AUTHORIZING CONTRACTS FOR PREVENTATIVE MAINTENANCE SERVICES FOR MEDIUM DUTY DIESEL BUSES – PURCHASING / L.E.T.S. /GENERAL GOVERNMENT / FINANCE / BOARD

Purchasing released a Request for Proposals (RFP) for PREVENTATIVE MAINTENANCE SERVICES FOR

MEDIUM DUTY DIESEL BUSES for the L.E.T.S. The RFP was posted on the MITN e-procurement website, an ad in the local paper, and letters to local companies listed in the yellow pages. The RFP outlined the services necessary to meet the minimum requirements for preventative maintenance services from companies with qualified and certified technicians to meet the needs of the county.

Three proposals received and rated by review committee members from the LETS and Purchasing Departments. After careful consideration, the review committee recommends non-exclusive contracts to all three companies who submitted proposals which are Bob Maxey Ford of Howell, Reliable Fleet Services of Howell, and Roy’s Autoworks’s of Howell. The contract terms will be for a two (2) year period, with the option, at the County’s discretion, to extend the contract for an additional two (2) year period for a total contract period not to exceed four (4) years.

Therefore, we are asking that the attached resolution be approved. All proposals submitted in response to the RFP are available in the Purchasing Office for review.

Doug Britz, is available to answer any questions you may have, and can be reached at 517-540-7847.

LIVINGSTON COUNTY PURCHASING304 E. Grand River Avenue Suite 204

Howell MI 48843Telephone: (517) 540-8740

FAX: (517) 546-7266

RESOLUTION NO:


RESOLUTION AUTHORIZING OUT OF STATE TRAVEL FOR L.E.T.S. OPERATIONS MANAGER AND DRIVER TRAINER TO ATTEND THE F.T.A. DRUG AND ALCOHOL CERTIFICATION CLASS AND CONFERENCE IN PHOENIX, AZ. April 9 - 11, 2013 – L.E.T.S. / General Government

WHEREAS, it is the policy of Livingston County that out of state travel be held to a minimum and usually only Department Heads are authorized any travel outside Michigan; and

WHEREAS, the Federal Transit Administration mandates every transit agency that is a direct recipient for Federal Funds to send their Drug and Alcohol Program Administrator and Deputy Administrator to the 8th Annual FTA Drug and Alcohol Program Conference being held in Phoenix, AZ. April 9 – 11, 2013; and

WHEREAS, this is the only Drug & Alcohol program being offered by the F.T.A. in CY 2013; and

WHEREAS, Federal and State grant funds are available and are approved for this use, along with fare box revenues, to pay 100% of the costs of attending this program.

THEREFORE BE IT RESOLVED THAT The Livingston County Board of Commissioners approves

out of state travel for L.E.T.S. Operations Manager and L.E.T.S. Trainer to attend the

Federal Transit Administration’s Drug and Alcohol Training and Certification Conference

in Phoenix, AZ. from April 9 through April 11, 2013 with no funding being paid from the

Livingston County General Fund or any other County funds.

BE IT FURTHER RESOLVED THAT there is no cost for the training itself, however, it is estimated

that the total cost of lodging, Airfare and transfers, and food is not to exceed Two

Thousand Six Hundred and Fifty dollars ($2,650) and is included in the L.E.T.S. 2013

Budget.

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: Doug Britz, L.E.T.S. Director

Date: 3/1/2013

Re: RESOLUTION AUTHORIZING OUT OF STATE TRAVEL FOR L.E.T.S.

OPERATIONS MANAGER AND DRIVER TRAINER TO ATTEND THE F.T.A.

DRUG AND ALCOHOL CERTIFICATION CLASS AND CONFERENCE IN

PHOENIX, AZ. April 9 - 11, 2013 – L.E.T.S. / General Government

Attached for your consideration and approval is a resolution to allow out of state travel for the Operations Manager and Driver Trainer to attend the 8th annual Federal Transit Administration (F.T.A.) National drug and alcohol training in Phoenix, AZ. April 9 – April 11, 2013.

As a direct recipient of Federal Funds, Livingston Essential Transportation Service is responsible to administer and monitor the Federal Drug and Alcohol program and mandates attendance every year at the Drug and Alcohol certification program.

The Federal Transit Administration’s annual conference is coming up and they require attendance by both our Primary and Back up Drug & Alcohol Policy administrators. As with other departments within the County, we are looking toward the future and preparing to train for back up positions in all phases of our administration.

As was the case last year in Miami, FL. this F.T.A. training is limited, so we have made tentative plans to attend. Please note that the certification training and conference is at “No Cost” to Livingston County. However, lodging, airfare and transfers, and food are at the attendee’s (L.E.T.S.) expense. L.E.T.S. is a leader here in Michigan and nationally with its Drug and Alcohol policy.

According to FTA, this is the only training of its type currently being scheduled for 2013. The liability exposure on not following the Drug and Alcohol policy could be formidable. This is a certificate program which I think we should avail ourselves. Further, it has been suggested by our Attorney for Transit Issues that we have a back up on staff to administer the various phases of the policy in the absence of the primary administrator.

LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF L.E.T.S.

3950 W. Grand River, Howell, MI 48855Phone 517-546-6600 Fax 517-546-5088


The total cost of this training is Federal and State Grant eligible as an allowable expense and not to exceed Two Thousand Six Hundred and Fifty dollars ($2,650). Thus all costs will be borne by Federal and State grant monies with any balance made up from local farebox revenue. L.E.T.S. did budget for this training in its 2013 budget.

Should you have any questions, I can be contacted at ext 7847 or 517-540-7847.

RESOLUTION NO:


RESOLUTION AUTHORIZING THE WRITE OFF OF BAD DEBT FOR THE YEAR 2009 -EMS / Health & Human Services Committee / Finance Committee

WHEREAS, Livingston County EMS Department has identified accounts from the year of 2009 as uncollectible in the amount of $494,915.06; and

WHEREAS, a detailed list of accounts is attached for the year of 2009; and

WHEREAS, extensive efforts have been made to collect said monies; and

WHEREAS, it is recommended practice by the County Auditor after 3 years to write-off bad debt.

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

total amount of $494,915.06 as per attached list for the year 2009, to be written off as bad

debt and removed from the Accounts Receivable Control Account as outlined above.

BE IT FURTHER RESOLVED that the Livingston County Treasurer is authorized to reflect the

attached accounts, as outlined, and the amount of $494,915.06 for the year of 2009 be

written off as bad debts.

# # #

MOVED:

SECONDED:

CARRIED:

Livingston County EMSA/R BALANCE WORKSHEET

REPORT DATE: 2-19-2013

YEAR: 2009

TOTAL CHARGES $ 7,175,086.85

LESS CREDITS $ 6,680,171.79

= A/R AS OF 12-31-12 $ 494,915.06

CALL BALANCES $ 494,767.06

PLUS 2013 CREDITS TO DATE $ 148.00

= A/R AS OF 12-31-12 $ 494,915.06

A/R DEFICIT SURPLUS 00.00

Memorandum


From: Jeffrey R Boyd, Director

Date: 3/4/2013

Re: Bad Debt Write Off 2009

Attached is the resolution for our outstanding accounts in 2009 in the amount of $494,915.06. As established by best accounting practices, we are requesting that these accounts be removed from Livingston County EMS accounts receivable. I have reviewed these accounts and I am confident that we have made every attempt possible to collect said monies.


LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF EMS

3950 W Grand RiverPhone 5175466220 Fax 5175466788


RESOLUTION NO:


RESOLUTION AUTHORIZING A CHANGE IN THE MILEAGE CHARGE FOR EMERGENCY MEDICAL SERVICES – EMS/ HEALTH AND HUMAN SERVICES COMIITTEE/ FINANCE COMMITTEE

WHEREAS, Livingston County EMS has determined the need to increase our mileage charge to meet

the industry standards; and

WHEREAS, Livingston County EMS will maximize the fee for service revenue; and

WHEREAS, Livingston County EMS will continue to maintain the fee for service revenue stream at

sufficient levels to meet the financial needs of the department; and,


approves a mileage increase as follows effective April 1 2013.

Mileage (per loaded mile) $13.00

# # #

MOVED:

SECONDED:

CARRIED:

Memorandum


From: Jeffrey R Boyd, Director

Date: 3/4/2013

Re: EMS Mileage Charge

Livingston County EMS (LCEMS) continually evaluates our fee for service and tax revenue in order to maintain a financially sound department. We therefore are recommending the rate increase for mileage only as all base rates are within the allowable paid by both Medicare and Blue Cross Blue Shield of Michigan. We will maximize our fee for service by this mileage increase effective April 1 2013.



3950 W Grand RiverPhone 5175466220 Fax 5175466788


RESOLUTION NO:


RESOLUTION AUTHORIZING EMS TO ENTER INTO AN AGREEMENT TO PROVIDE EMS EDUCATION FOR THE LIVINGSTON EDUCATIONAL SERVICE AGENCY – EMS/FINANCE

WHEREAS, Livingston Educational Service Agency has a need for an EMS Program; and

WHEREAS, Livingston County EMS currently has the ability to provide those services; and

WHEREAS, Livingston County EMS and LESA have agreed on a pricing structure for the services EMS will provide; and,

WHEREAS, LESA requires an agreement be in place to bill for those services; and

WHEREAS, Livingston County EMS has provided the service since the beginning of the school year and will provide the service in subsequent years; and

WHEREAS, Livingston County EMS is requesting authorization to enter into an agreement for this year and subsequent years; and

WHEREAS, this Resolution has been recommended for approval by the Finance Committee.

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

EMS Director or his designee to enter into an agreement for services described above.

BE IT FURTHER RESOLVED that the EMS director or his designee be authorized to sign the above-

referenced agreement by Civil Counsel.

# # #


Memorandum


From: Jeffrey R Boyd

Date: 03/12/2013

Re: EMS Program at LESA

Livingston County EMS is an EMT level training center licensed by the State of Michigan. At the beginning of the school year we were approached by LESA about teaching an EMT program to high school seniors from across the county. Both agencies at the time felt the service could be provided on a time and materials basis. Currently in ordered to pay the amount owed to usLESA requires an agreement to be in place for accounting purposes. The program has been extremely successful and we expect to have a long term relationship with the school district delivering this program as we go forward. We are requesting the Board authorize said agreement once it has been reviewed by Civil Counsel.



3950 W Grand River Howell MI 48855Phone 517-546-6220 Fax 517-546-6788


RESOLUTION NO:


RESOLUTION APPROVING THIRD AMENDMENT TO THE ACT 185 CONTRACT BETWEEN LIVINGSTON COUNTY AND TYRONE TOWNSHIP REGARDING THE LIVINGSTON REGIONAL SANITARY SEWER PROJECT

WHEREAS, the County of Livingston by resolution of its Board of Commissioners has approved the establishment of a project (the “Project”) known as the Livingston Regional Sanitary Sewer Project; and

WHEREAS, it is necessary for the Livingston County Department of Public Works to enter into a Third Amendment to Contract Providing for the Issuance of Livingston County Sewer Improvement Bonds (the “Third Amendment”), the form of which Third Amendment is attached as Exhibit A.

THEREFORE BE IT RESOLVED that the Third Amendment attached as Exhibit A is hereby

approved by the Livingston County Board of Commissioners and the

Chairman, Secretary and Director of the Livingston County Department of

Public Works are each individually authorized and directed to execute and

deliver the Third Amendment with such changes as may be approved by the

Chairman, Secretary or Director of the Department of Public Works, provided

that such changes are not materially adverse to the County’s interests.

BE IT FURTHER RESOLVED that all resolutions, or portions thereof, insofar as they may be

in conflict with the foregoing, are hereby rescinded.

MOVED:

SUPPORTED:

CARRIED:

Exhibit A, Page 1

____________________________________

Exhibit A

Third Amendment to Contract Providing for the Issuance of Livingston

County Sewer Improvement Bonds____________________________________

Exhibit A, Page 2

THIRD AMENDMENT

to

ACT 185 CONTRACT PROVIDING FOR ISSUANCE OFLIVINGSTON COUNTY SEWER IMPROVEMENT BONDS

between

THE COUNTY OF LIVINGSTON, BY ANDTHROUGH ITS BOARD OF PUBLIC WORKS

and

THE TOWNSHIP OF TYRONE

Date of Third Amendment: March 1, 2013

Exhibit A, Page 3

THIRD AMENDMENT TOCONTRACT PROVIDING FOR ISSUANCE OF LIVINGSTON

COUNTY SEWER IMPROVEMENT BONDS

This Third Amendment to Contract Providing for Issuance of Livingston County Sewer Improvement Bonds (this “Third Amendment”) is dated as of March 1, 2013 and is entered into between the County of Livingston, by and through its Board of Public Works, and the Township of Tyrone.

WHEREAS, the parties hereto previously entered into a Contract Providing for Issuance of Livingston County Sewer Improvement Bonds dated as of April 1, 2003 which contract was subsequently amended by the First Amendment thereto dated March 1, 2005 and by the Second Amendment thereto dated December 1, 2007 (collectively, the “Act 185 Contract”);

WHEREAS, the parties hereto desire to enter into this Third Amendment to amend and supplement certain provisions of the Act 185 Contract; and

WHEREAS, the parties hereto desire this Third Amendment to be effective as of the date of this Third Amendment;

NOW, THEREFORE, by this Third Amendment, the parties hereto amend the Act 185 Contract as follows:

ARTICLE ISHORT TITLE, DEFINITIONS AND AUTHORITY

Section 1.1. Short Title. This amendment shall be known as and may be designated by the short title “Third Amendment.”

Section 1.2. Definitions. All words and phrases defined in the Act 185 Contract shall have the same meaning in this Third Amendment, except as otherwise amended or defined in this Third Amendment.

Section 1.3. Authority. This Third Amendment is adopted pursuant to the provisions of the Act 185 Contract and the resolution of the Township Board adopted on February __, 2013 and the resolution of the County Board of Commissioners adopted on February __, 2013.

ARTICLE IIAMENDMENT OF THE ACT 185 CONTRACT

Section 2.1 Issuance of Refunding Bonds. The Township has requested that the County issue refunding bonds (the “Series 2013 Refunding Bonds”) to refund a portion of the $8,640,000 Livingston County Sanitary Sewer Improvement Bonds, Tyrone Township, Series 2005 (Limited Tax General Obligation) (the “Prior Bonds”). The specific maturities of the Prior Bonds that shall be refunded are set forth on Schedule A to this Third Amendment.

Exhibit A, Page 4

Section 2.2 References to Bonds in the Act 185 Contract. Any and all references to Bonds in the Act 185 Contract shall include the Series 2013 Refunding Bonds unless the context clearly requires otherwise.

Section 2.3 Maximum Principal Amount of Bonds. Notwithstanding any provision in the Act 185 Contract to the contrary, the Township and the County agree that the principal amount of the Series 2013 Refunding Bonds shall not be used in computing the maximum principal amount of Bonds that may be issued pursuant to the Act 185 Contract.

Section 2.4 Principal Payment Schedule for the Series 2013 Refunding Bonds. The principal payment schedule for the Series 2013 Refunding Bonds is set forth on Schedule B to this Third Amendment.

Section 2.5 Payment of Combined Debt Service on Outstanding Bonds. The combined remaining debt service on the Prior Bonds that have not been refunded, the Series 2013 Refunding Bonds, the $7,725,000 Livingston County Sanitary Sewer Improvement Bonds, Tyrone Township, Series 2003 and the $4,155,000 Livingston County Sanitary Sewer Improvement Refunding Bonds, Tyrone Township, Series 2007 is set forth on Schedule C to this Third Amendment (the “Combined Debt Service Schedule”). As is required by the Act 185 Contract, the Township shall pay to the BPW, six days before May 1 of each year, the principal installments set forth on the Combined Debt Service Schedule. Furthermore, the Township shall also pay to the BPW in addition to such principal installments, six days before May 1 and November 1 of each year, as accrued interest on the principal amount remaining unpaid, an amount sufficient to pay all interest due on the next succeeding interest payment date (May 1 and November 1 respectively) as set forth on the Combined Debt Service Schedule.

Section 2.6 Reaffirmation of Full Faith and Credit Pledge. The Township acknowledges that pursuant to the Act 185 Contract, it has pledged its full faith and credit for the prompt and timely payment of its obligations pledged for payments of principal and interest on the Bonds as set forth in the Act 185 Contract. The Township, pursuant to authorization of Section 12 of Act 185, hereby irrevocably affirms the pledge of its full faith and credit for the prompt and timely payment of its obligations pledged for payments of principal and interest on the Bonds as expressed in the Act 185 Contract, including but not limited to the Series 2013 Refunding Bonds. Pursuant to such pledge, if other funds are not available, the Township shall be required to pay such amounts from any of its general funds as a first budget obligation and shall each year levy an ad valorem tax on all the taxable property in the Township in an amount which, taking into consideration estimated delinquencies in tax collections, will be sufficient to pay such obligations under the Act 185 Contract becoming due before the time of the following year’s tax collections, such annual levy, however, to be subject to applicable statutory and constitutional tax limitations. The foregoing commitments of the Township are expressly recognized as being for the purpose of providing funds to meet the contractual obligations of the Township under the Act 185 Contract. Nothing in the Act 185 Contract shall be construed to prevent the Township from using any, or any combination of the means and methods provided in paragraph 2, Section 12 of Act 185 for the purpose of providing funds to meet its obligations under the Act 185 Contract, and if at the time of making the annual tax levy there shall be other

Exhibit A, Page 5

funds on hand earmarked and set aside for the payment of the contractual obligation due prior to the next tax collection period, then such annual tax levy may be reduced by such amount.

ARTICLE IIIGENERAL PROVISIONS

Section 3.1. Third Amendment Construed with Act 185 Contract. All of the provisions of this Third Amendment shall be deemed to be construed as part of the Act 185 Contract to the same extent as if fully set forth therein.

Section 3.2. Act 185 Contract. Except as amended and supplemented by this Third Amendment, the Act 185 Contract shall remain in full force and effect.

Section 3.3. Execution in Counterparts. This Third Amendment may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same instrument.

Section 3.4. Severability. If any section, paragraph, clause or provision of this Third Amendment shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Third Amendment.

Section 3.5. Governing Law. This Third Amendment shall be construed in accordance with the laws of the State of Michigan.

[Remainder of Page Intentionally Left Blank]

Exhibit A, Page 6

IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed and delivered, by their respective duly authorized officers, all of the date specified above.

COUNTY OF LIVINGSTON

By Its Board of Public Work

By:

Its: Chairperson

By:Brian Jonckheere

Its: Director

TOWNSHIP OF TYRONE

By:Mike Cunningham

Its: Supervisor

By:Keith Kremer

Its: Clerk

Exhibit A, Page 7

____________________________________

Schedule A

Maturities of thePrior Bonds Being Refunded

____________________________________

Exhibit A, Page 8

____________________________________

Schedule B

Principal Payment Schedule for the Series 2013 Refunding Bonds

____________________________________

Exhibit A, Page 9

____________________________________

Schedule C

Combined Debt Service on the Outstanding Bonds

____________________________________

LAN01\289667.2ID\JPK - 071737\0013

Memorandum


From: Brian Jonckheere

Date: 03/05/13

Re: RESOLUTION APPROVING THIRD AMENDMENT TO THE ACT 185 CONTRACT

BETWEEN LIVINGSTON COUNTY AND TYRONE TOWNSHIP REGARDING THE

LIVINGSTON REGIONAL SANITARY SEWER PROJECT

______________________________________________________________________________

Livingston County and Tyrone Township entered into an Act 185 Contract on April 1, 2003 that provided for the issuance of Livingston County Sewer Improvement Bonds for the construction of the Livingston County Regional Sanitary Sewer (LCRSS). This contract has been amended two previous times, March 1, 2005 and December 1, 2007 respectively. The Township has approached the County to enter into a Third Amendment at this time to amend and supplement certain provisions of the Act 185 contract.

The Third Amendment is necessary to provide for the issuance of refunding bonds. The Township previously refunded its 2003 Series bonds related to the Livingston County Regional Sanitary Sewer System in November 2007. You will also be considering a subsequent resolution at this meeting seeking authorization to refund a portion of the 2005 Series Bonds at the request of Tyrone Township.


LIVINGSTON COUNTY, MICHIGANDEPARTMENT OF DRAIN COMMISSIONER

2300 East Grand River Ave. Suite 105 Howell Michigan 48843

Phone 517-546-0040 Fax 517-545-9658Web Site: co.livingston.mi.us

1

RESOLUTION NO:

LIVINGSTON COUNTY DATE:_____________________________________________________________________________________

BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS FOR THE LIVINGSTON REGIONAL SANITARY SEWER IMPROVEMENT PROJECT

WHEREAS, this Board has adopted a resolution approving the acquisition and construction of the “Livingston Regional Sanitary Sewer Improvement Project” (the “Project”) for the purpose of enhancing the sanitary sewer system of a district which lies partially within Tyrone Township (the “Township”); and

WHEREAS, pursuant to a resolution of this Board and pursuant to a resolution adopted by the governing body of the Township, the County of Livingston (the “County”) and the Township have agreed to enter into a Third Amendment to Act 185 Contract Providing for Issuance of Livingston County Sewer Improvement Bonds, which Third Amendment will be dated as of March 1, 2013 (such Third Amendment is referred to in this Resolution as the “Third Amendment” and the Act 185 Contract Providing for Issuance of Livingston County Sewer Improvement Bonds, as previously amended, and as amended by the Third Amendment, is referred to in this Resolution as the “Act 185 Contract”); and

WHEREAS, the Township has requested that the County proceed with a bond issue to refund a portion of the bonds previously issued by the County to finance a portion of the Project; and

WHEREAS, under the Act 185 Contract, the Township is to pay semiannually to the County an amount equal to each semiannual installment of principal of, premium, if any, and interest on the bonds issued pursuant to such contract and in addition is to pay all transfer agent and registrar fees and other bond service charges, as determined pursuant to the Act 185 Contract; and

WHEREAS, the County desires to issue refunding bonds pursuant to Act No. 34, Michigan Public Acts of 2001, as amended (“Act 34”) and Act No. 185, Michigan Public Acts of 1957, as amended (“Act 185” and together with Act 34, the “Acts”), inanticipation of the payments to be made by the Township under the Act 185 Contract; and

WHEREAS, the County Department of Public Works has approved this resolution and recommends its adoption by the Board;

THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE

COUNTY OF LIVINGSTON AS FOLLOWS:

2

1. Bond Details. Refunding bonds of the County (the “Bonds”) in the aggregate

principal amount of not to exceed $5,600,000 shall be issued pursuant to the Acts for the purpose

of refunding a portion of the $8,640,000 Livingston County Sanitary Sewer Improvement Bonds

Tyrone Township, Series 2005 (Limited Tax General Obligation) (the “Prior Bonds”), and

paying the costs of issuing the Bonds. (The portion of the Prior Bonds that are refunded with the

proceeds of the Bonds are referred to herein as the “Bonds To Be Refunded”). The Bonds shall

be issued in substantially the form of Appendix A attached hereto with such charges as may be

approved by the Director of the County Department of Public Works, the Chair of the County

Board of Public Works, or the Secretary of the County Board of Public Works (each an

“Authorized Officer”). The Bonds shall be known as “Livingston County Sanitary Sewer

Improvement Refunding Bonds, Tyrone Township, Series 2013.” The Bonds shall be dated such

date as may be designated by an Authorized Officer prior to the issuance date of the Bonds, and

shall bear interest from that date. The Bonds shall be fully registered Bonds, both as to principal

and interest, in any denomination which is an integral multiple of $5,000 or any integral multiple

of $1,000 over $5,000 up to the amount of a single maturity, and shall be numbered from 1

upwards regardless of rate and maturity date. The Bonds shall mature on such dates and in the

amounts determined by an Authorized Officer prior to the sale of the Bonds and each Authorized

Officer may designate the Bonds of any maturity as serial bonds or term bonds and may establish

mandatory redemption provisions for any such term bonds.

2. Interest Payment and Date of Record. Each maturity of the Bonds shall bear

interest at a rate of not to exceed six percent (6.00%) and such interest shall be payable on May 1

and November 1 of each year, beginning on May 1, 2013, or such other dates as may be

determined by an Authorized Officer prior to the sale of the Bonds. Interest shall be paid by

3

check mailed by first class mail to the registered owner of each Bond as of the applicable date of

record, provided, however, that an Authorized Officer may agree with the Bond Registrar (the

“Bond Registrar”) on a different method of payment. If interest is paid differently, the Bond

form attached as Appendix A shall be changed accordingly. The date of record shall be as

designated by an Authorized Officer prior to the closing of the issuance of the Bonds.

3. Method of Sale. As a result of the Bonds being issued for the purpose of

refunding the Bonds To Be Refunded, and in order to optimize the interest rate savings from the

issuance of the Bonds and in order to provide flexibility with respect to the sale date for the

Bonds, the Bonds shall be sold at a negotiated sale. Each Authorized Officer is hereby

authorized and directed to execute and deliver a Purchase Contract regarding the Bonds (the

“Purchase Contract”) to the purchaser thereof in such form as shall be determined by an

Authorized Officer, based on recommendations of the County’s Bond Counsel and the Financial

Advisor for the Bonds. Each Authorized Officer is authorized and directed to approve the

specific interest rates to be borne by the Bonds, at rates not exceeding the rate set forth in

Section 2. Furthermore, prior to executing the Purchase Contract, the Authorized Officers shall

confirm with the County’s Financial Advisor for the Bonds that the following conditions with

respect to the issuance of the Bonds have been satisfied:

(i) The total interest cost (TIC) on the Bonds shall not exceed 4.00%;

(ii) The underwriter’s discount for the Bonds shall not exceed 1.25% of the

principal amount of the Bonds; and

(iii) The issuance of the Bonds shall result in a net present value debt service

savings (as computed by the County’s Financial Advisor) of not less than

3.00% of the debt service on the Bonds To Be Refunded.

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4. Redemption. The Bonds shall be subject to redemption prior to maturity as

determined by an Authorized Officer prior to the sale of the Bonds. With respect to partial

redemptions, any portion of a Bond outstanding in a denomination larger than the minimum

authorized denomination may be redeemed provided such portion as well as the amount not

being redeemed constitute authorized denominations. In the event that less than the entire

principal amount of a Bond is called for redemption, upon surrender of the Bond to the Bond

Registrar, the Bond Registrar shall authenticate and deliver to the registered owner of the Bond a

new Bond in the principal amount of the principal portion not redeemed.

Notice of redemption shall be sent to the registered holder of each Bond being redeemed

by first class mail at least 30 days prior to the date fixed for redemption, which notice shall fix

the date of record with respect to the redemption. Any defect in any notice shall not affect the

validity of the redemption proceedings. Bonds so called for redemption shall not bear interest

after the date fixed for redemption provided funds are on hand with the Bond Registrar to redeem

the same.

5. Use of Proceeds. The proceeds of the sale of the Bonds, along with any

applicable contributions of funds from the Township and the County Department of Public

Works, shall be used as follows:

(a) Accrued interest on the Bonds, if any, shall be transferred to the Bond

Payment Fund created pursuant to Section 10 below;

(b) There shall next be transferred to the Escrow Agent pursuant to the

Escrow Agreement entered into pursuant to Section 11 below, an amount which, when invested

in permitted obligations pursuant to the Escrow Agreement, will be sufficient to pay when due

the principal of, premium, if any, and interest on the Bonds To Be Refunded until maturity or

5

earlier redemption as provided in the Escrow Agreement; and

(c) The balance of the proceeds shall be used to pay some or all of the costs of

issuance of the Bonds, including but not limited to, publication costs, financial advisory fees,

bond counsel fees, printing costs, application fees, bond insurance premiums, rating fees,

verification agent fees, and any other fees or costs incurred in connection with the financing.

6. Bond Registrar. The Bonds shall be registrable upon the books of a bank or trust

company selected by an Authorized Officer, which shall serve as Bond Registrar, transfer agent

and authenticating agent for the Bonds.

7. Transfer or Exchange of Bonds. Any Bond shall be transferable on the bond

register maintained by the Bond Registrar with respect to the Bonds at any time upon the

surrender of the Bond together with an assignment executed by the registered owner or his or her

duly authorized attorney in form satisfactory to the Bond Registrar. Upon receipt of a properly

assigned Bond, the Bond Registrar shall authenticate and deliver a new Bond or Bonds in equal

aggregate principal amount and like interest rate and maturity to the designated transferee or

transferees.

Bonds may likewise be exchanged at any time for one or more other Bonds with the same

interest rate and maturity in authorized denominations aggregating the same principal amount as

the Bond or Bonds being exchanged. Such exchange shall be effected by surrender of the Bond

to be exchanged to the Bond Registrar with written instructions signed by the registered owner of

the Bond or his or her attorney in form satisfactory to the Bond Registrar. Upon receipt of a

Bond with proper written instructions, the Bond Registrar shall authenticate and deliver a new

Bond or Bonds to the registered owner of the surrendered Bond or his or her properly designated

transferee or transferees or attorney.

6

The Bond Registrar is not required to honor any transfer or exchange of Bonds during the

15 days preceding an interest payment date. Any service charge made by the Bond Registrar for

any such registration, transfer or exchange shall be paid for by the County (subject, however, to

reimbursement by the Township pursuant to the Act 185 Contract). The Bond Registrar may,

however, require payment by a bondholder of a sum sufficient to cover any tax or other

governmental charge payable in connection with any such registration, transfer or exchange.

8. Execution and Delivery. The Chairman of the County Board of Commissioners

and the County Clerk of the County are authorized and directed to execute the Bonds for and on

behalf of the County by manually executing the same or by causing facsimile signatures of the

Chairman of the Board and of the County Clerk to be affixed, provided in the latter instance the

Bonds are thereafter authenticated by the Bond Registrar. The Bonds may be sealed with the

County seal or a facsimile of the County seal, but such seal shall not be required for the

authenticity of the Bonds. Upon the execution of the Bonds they shall be delivered to the

Director of the Department of Public Works, who is authorized and directed to deliver the Bonds

to the purchaser upon receipt in full of the purchase price.

9. Full Faith and Credit of Township and County. The Bonds are to be issued

pursuant to the provisions of the Acts in anticipation of the payments to become due to the

County from the Township under the Act 185 Contract. Such payments are supported by a

pledge of the full faith and credit of the Township. The full faith and credit of the County is

hereby pledged for the prompt payment of the principal of, premium, if any, and interest on the

Bonds as the same shall become due. The ability of the Township and the County to raise funds

with which to meet such full faith and credit pledges is subject to applicable statutory,

constitutional and charter tax limitations.

7

10. Bond Payment Fund. The County shall establish a separate depository account

for the Bonds to be designated “Livingston County Sanitary Sewer Improvement Refunding

Bonds, Tyrone Township, Series 2013 Bond Payment Fund” (the “Bond Payment Fund”). All

moneys paid to the County by the Township pursuant to the Act 185 Contract in connection with

the Bonds shall be deposited in the Bond Payment Fund. All accrued interest and premium, if

any, received from the purchaser of the Bonds, as well as capitalized interest on the Bonds shall

be deposited in the Bond Payment Fund.

Moneys in the Bond Payment Fund shall be used solely to pay principal of and premium,

if any, and interest on the Bonds.

Moneys in the Bond Payment Fund may be continuously invested and reinvested in any

legal investment for County funds, which shall mature, or which shall be subject to redemption

by the holder thereof not later than, the dates when moneys in the Bond Payment Fund will be

required to pay the principal of and interest on the Bonds. Obligations purchased as an

investment of moneys of a Bond Payment Fund shall be deemed at all times to be a part of such

fund, and the interest accruing thereon and any profit realized from such investment shall be

credited to such respective fund.

11. Escrow Agreement; Redemption of the Bonds To Be Refunded. In order that the

Bonds To Be Refunded may be properly defeased in accordance with the Acts, the County shall

enter into an escrow agreement (the “Escrow Agreement”) with a bank or trust company

designated by an Authorized Officer. The form of Escrow Agreement shall be determined and

approved by an Authorized Officer prior to the sale of the Bonds, and each Authorized Officer is

authorized to execute the Escrow Agreement on behalf of the County. Upon execution of the

Escrow Agreement and delivery of the Bonds, the Escrow Agent shall take all necessary steps to

8

cause the Bonds To Be Refunded to be redeemed on the dates set forth in the Escrow Agreement.

12. Final Determination of Aggregate Principal Amount. The aggregate principal

amount of the Bonds to be issued hereunder shall be finally determined by an Authorized Officer

prior to the execution of the Purchase Contract, after consultation with and on the advice of the

County’s Bond Counsel and Financial Advisor for the Bonds. The principal amount of Bonds to

be issued shall not be more than is permitted pursuant to applicable regulations of the United

States Treasury Department under the Internal Revenue Code of 1986, as amended (the “Code”),

for the purpose of carrying out the advance refunding contemplated hereby in order to defease

the Bonds To Be Refunded and to pay the costs of issuance of the Bonds. Any increase or

decrease in the aggregate principal amount of the Bonds from that reflected in financial analysis

presented to the County as of the date of this Resolution shall be accomplished by increasing or

decreasing the principal amount of such maturities determined by an Authorized Officer in

integral amounts of $5,000, as determined by an Authorized Officer.

13. Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated,

lost, stolen or destroyed, the Chairman of the County Board of Commissioners and the County

Clerk may, on behalf of the County, execute and deliver, or order the Bond Registrar to

authenticate and deliver, a new Bond having a number not then outstanding, of like date,

maturity and denomination as that mutilated, lost, stolen or destroyed.

In the case of a mutilated Bond, a replacement Bond shall not be delivered unless and

until such mutilated Bond is surrendered to the Bond Registrar. In the case of a lost, stolen or

destroyed Bond a replacement Bond shall not be delivered unless and until the County and the

Bond Registrar shall have received such proof of ownership and loss and indemnity as they

determine to be sufficient, which shall consist at least of (i) a lost instrument bond for principal

9

and interest remaining unpaid on the lost, stolen or destroyed bond; (ii) an affidavit of the

registered owner (or his or her attorney) setting forth ownership of the Bond lost, stolen or

destroyed and the circumstances under which it was lost, stolen or destroyed; (iii) the agreement

of the owner of the Bond (or his or her attorney) to fully indemnify the County and the Bond

Registrar against loss due to the lost, stolen or destroyed Bond and the issuance of any

replacement Bond in connection therewith; and (iv) the agreement of the owner of the Bond (or

his or her attorney) to pay all expenses of the County and the Bond Registrar in connection with

the replacement, including the transfer and exchange costs which otherwise would be paid by the

County.

14. Arbitrage and Tax Covenants. Notwithstanding any other provision of this

resolution, the County covenants that it will not at any time or times permit any proceeds of the

Bonds or any other funds of the County to be used directly or indirectly (a) to acquire any

securities or obligations, the acquisition of which would cause any Bond to be an “arbitrage

bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”),

or (b) in a manner which would result in the exclusion of any Bond from the treatment afforded

by Section 103(a) of the Code by reason of the classification of any Bond as a “private activity

bond” within the meaning of Section 141(a) of the Code or as an obligation guaranteed by the

United States of America within the meaning of Section 149(b) of the Code. The County further

covenants that it will not take any action, or fail to take any action (including failure to file any

required information or other returns with the United States Internal Revenue Service or to rebate

amounts to the United States, if required, at or before the time or times required), within its

control which action or failure to act would (i) cause the interest on the Bonds to be includable in

gross income for federal income tax purposes, cause the interest on the Bonds to be includable in

10

computing any alternative minimum tax (other than the alternative minimum tax applicable to

interest on all tax-exempt obligations generally) or cause the proceeds of the Bonds to be used

directly or indirectly by an organization described in Section 501(c)(3) of the Code or (ii)

adversely affect the exemption of the Bonds and the interest thereon from State of Michigan

income taxation.

15. Defeasance or Redemption of Bonds. If at any time,

(a) the whole amount of the principal of and interest on all outstanding Bonds

shall be paid, or

(b) (i) sufficient moneys, or Government Obligations (as defined in this

Section) not callable prior to maturity, the principal of and interest on

which when due and payable will provide sufficient moneys to pay the

whole amount of the principal of and premium, if any, and interest on all

outstanding Bonds as and when due at maturity or upon redemption prior

to maturity shall be deposited with and held by a trustee or an escrow

agent for the purpose of paying the principal of and premium, if any, and

interest on such Bonds as and when due, and (ii) in the case of redemption

prior to maturity, all outstanding Bonds shall have been duly called for

redemption (or irrevocable instructions to call such Bonds for redemption

shall have been given)

then, at the time of the payment referred to in clause (a) of this Section or of the deposit referred

to in clause (b) of this Section, the County shall be released from all further obligations under

this resolution with respect the Bonds, and any moneys or other assets then held or pledged

11

pursuant to this resolution for the purpose of paying the principal of and interest on the Bonds

(other than the moneys deposited with and held by a trustee or an escrow agent as provided in

clause (b) of this Section) shall be released from the conditions of this resolution, paid over to the

County and considered excess proceeds of the Bonds. In the event moneys or Government

Obligations shall be so deposited and held, the trustee or escrow agent holding such moneys or

Government Obligations shall, within 30 days after such moneys or Government Obligations

shall have been so deposited, cause a notice signed by it to be published once in a newspaper of

general circulation in the City of Detroit, Michigan, setting forth (i) the date or dates, if any,

designated for the redemption of the Bonds, (ii) a description of the moneys or Government

Obligations so held by it and (iii) a statement that the County has been released from its

obligations under this resolution with respect to the Bonds. All moneys and Government

Obligations so deposited and held shall be held in trust and applied only to the payment of the

principal of and premium, if any, and interest on the Bonds at maturity or upon redemption prior

to maturity, as the case may be, as provided in this Section.

The trustee or escrow agent referred to in this Section shall (a) be a bank or trust

company permitted by law to offer and offering the required services, (b) be appointed by an

Authorized Officer and (c) at the time of its appointment and so long as it is serving as such,

have at least $25,000,000 of capital and unimpaired surplus. The same bank or trust company

may serve as trustee or escrow agent under this Section and as Bond Registrar so long as it is

otherwise eligible to serve in each such capacity.

As used in this Section, the term “Government Obligations” means direct obligations of,

or obligations the principal of and interest on which are unconditionally guaranteed by, the

United States of America.

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16. Continuing Disclosure. The Chairman of the County Board of Commissioners

and the Director of the Department of Public Works are each individually authorized to execute a

Continuing Disclosure Undertaking with respect to the Bonds. The Bonds are hereby made

subject to such respective Continuing Disclosure Undertaking and the County agrees to abide by

the provisions thereof so long as any of the Bonds are outstanding.

17. Preliminary Official Statement and Final Official Statement. Each Authorized

Officer is hereby authorized to approve for distribution a Preliminary Official Statement for the

Bonds. Following the sale of the Bonds, each Authorized Officer is hereby authorized to execute

an Official Statement with respect to the Bonds.

18. Retention of Bond Counsel. The firm of Dykema Gossett PLLC, Lansing,

Michigan, is hereby retained to act as bond counsel for the County in connection with the

issuance, sale and delivery of the Bonds.

19. Retention of Financial Advisor. Public Financial Management, Inc., Ann Arbor,

Michigan, is hereby retained to act as financial advisor to the County in connection with the


20. Municipal Bond Insurance. The County’s Financial Advisor for the Bonds is

hereby authorized to solicit proposals for municipal bond insurance to provide additional security

for the Bonds, if in the Financial Advisor’s judgment such insurance would be beneficial for the

County. If the Financial Advisor recommends the purchase of municipal bond insurance, then

any Authorized Officer is hereby authorized to sign a municipal bond insurance commitment or

other agreement with the bond insurer recommended by the Financial Advisor and the premium

for such municipal bond insurance shall be paid as part of the costs of issuance of the Bonds.

13

21. Qualified Tax-Exempt Obligation. The Bonds are hereby designated as “qualified

tax-exempt obligations” for purposes of deduction of interest expense by financial institutions

under the provisions of Section 265 of the Code, provided that such designation shall have no

effect if, at the time the Purchase Contract for the Bonds is signed, the Bonds have been

determined to be ineligible to be so designated on the basis of the County’s reasonable

expectations at such time.

22. Conflicting Resolutions. All resolutions and parts of resolutions in conflict with

the foregoing are hereby rescinded.

MOVED:

SUPPORTED:

CARRIED:

Appendix A

_______________________________

APPENDIX A - FORM OF BOND_______________________________

Appendix A

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the County or its agent for registration of transfer, exchange, or payment and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

UNITED STATES OF AMERICASTATE OF MICHIGAN


LIVINGSTON COUNTY SANITARY SEWER IMPROVEMENTREFUNDING BONDS, TYRONE TOWNSHIP, SERIES 2013

(Limited Tax General Obligation)

Date of Issuance

MaturityDate

InterestRate CUSIP

Registered Owner: Cede & Co.

Principal Amount: _____________________________ (Dollars) ($_________)

The County of Livingston, State of Michigan, (the “County”) hereby acknowledges itself indebted and for value received promises to pay the Principal Amount specified above on the Maturity Date specified above to the Registered Owner specified above, or its registered assigns, shown as the owner of record of this Bond on the applicable date of record on the books of ________________________ as Bond Registrar (the “Bond Registrar”), together with interest thereon from the Date of Issuance specified above, or such later date through which interest has been paid, at the Rate per annum specified above, payable on 1, 2013, and semiannually thereafter on the first day of May and November in each year. The date of record shall be April 15 with respect to payments made on May 1 and October 15 with respect to payments made on November 1.

This Bond is one of a series of bonds of like date and tenor except as to date of maturity and interest rate aggregating the principal sum of ___________ ($_________) Dollars, issued by the County of Livingston under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan (especially Act No. 34, Michigan Public Acts of 2001, as amended, and Act No. 185, Michigan Public Acts of 1957, as amended) and a Bond Authority Resolution adopted by the County Board of Commissioners on March __, 2013 for the purpose of refunding a portion of the outstanding bonds issued by the County entitled Livingston County Sanitary Sewer Improvement Bonds Tyrone Township, Series 2005 (Limited Tax General Obligation) (the “Prior Bonds”) and to pay the costs of issuing the Bonds and to pay costs in connection with the refunding of a portion of the Prior Bonds. The Prior Bonds were issued to defray a portion of the cost of acquiring and constructing

RESOLUTION NO:

PAGE: 16

16

the Livingston Regional Sanitary Sewer Improvement Project (the “Project”) which services a portion of Tyrone Township, Livingston County, Michigan (the “Township”).

Bonds of this series maturing in the years 20__ through 20__, inclusive, shall not be subject to redemption prior to maturity. Bonds or portions of Bonds in multiples of $5,000 of this series maturing in the years 20__ through 20___, inclusive, shall be subject to redemption prior to maturity, at the option of the County, in any order of maturity and by lot within any maturity, on any interest payment date on or after ______ 1, 20___, at the par amount thereof, plus accrued interest to the date fixed for redemption.

With respect to partial redemptions, any portion of a bond outstanding in a denomination largerthan the minimum authorized denomination may be redeemed provided such portion and the amount not being redeemed each constitutes an authorized denomination. If less than the entire principal amount of a bond is called for redemption, upon surrender of the bond to the Bond Registrar, the Bond Registrar shall authenticate and deliver to the registered owner a new Bond in the principal amount of the principal portion not being redeemed.

Notice of redemption shall be sent to the registered holder of each bond being redeemed by first class United States mail at least 30 days before the date fixed for redemption, which notice shall fix the date of record with respect to the redemption. Any defect in any notice of redemption shall not affect the validity of the redemption proceedings. Bonds so called for redemption shall not bear interest after the date fixed for redemption provided funds or sufficient government obligations then are on deposit with the Bond Registrar to redeem such bonds.

This Bond is payable as to principal, premium, if any, and interest from moneys to be paid to the County by the Township pursuant to a contract dated as of April 1, 2003, as amended by a First Amendment thereto dated as of March 1, 2005, as amended by a Second Amendment thereto dated as of December 1, 2007, and as amended by a Third Amendment thereto dated as of March 1, 2013 (collectively, (the “Contract”) between the County and the Township, whereby the Township agrees to pay to the County the cost of the Project in semiannual installments equal to the principal of, premium, if any, interest and bond service charges on the Bonds and the outstanding bonds previously issued by the County with respect to the Project. The full faith and credit of the Township is pledged for the prompt payment of its obligations pursuant to the Contract. Pursuant to the resolution authorizing the issuance of this series of Bonds, the full faith and credit of the County has also been pledged for the prompt payment of the principal of, premium, if any, and interest on the Bonds. The ability of the Township and the County to raise funds with which to meet such full faith and credit pledge is subject to applicable statutory, constitutional and charter tax limitations.

This Bond is transferable on the bond registration books of the Bond Registrar upon surrender of this Bond together with an assignment executed by the Registered Owner or his or her duly authorized attorney in form satisfactory to the Bond Registrar. Upon such transfer, one fully registered Bond in the same aggregate principal amount and the same maturity and interest rate, will be issued to the designated transferee or transferees. The Bond Registrar shall not be required to honor any transfer of this Bond during the period from the applicable date of record preceding an interest payment date to such interest payment date.

RESOLUTION NO:

PAGE: 17

17

It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in connection with the issuance of the Bonds of this series, existed, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of Michigan, and that the total indebtedness of the County, including this series of Bonds, does not exceed any constitutional or statutory limitation.

IN WITNESS WHEREOF, the County of Livingston, Michigan, by its Board of Commissioners, has caused this Bond to be executed in its name with the facsimile signature of the Chairman of its Board of Commissioners and its County Clerk, has caused a facsimile of its seal to be affixed hereto, and has caused this Bond to be authenticated by the Bond Registrar, as the County’s authenticating agent, all as of the Date of Issuance.


By:___________________________[SEAL] Chairman of the Board of

Commissioners

By:___________________________County Clerk

RESOLUTION NO:

PAGE: 18

18

BOND REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the series of Bonds designated “Livingston County Sanitary Sewer Improvement Project Refunding Bonds, Tyrone Township , Series 2013.”

Date of Authentication:_________, ____

__________________________, asBOND REGISTRAR ANDAUTHENTICATING AGENT

By:_________________________Authorized Signer

ASSIGNMENT

For value received, the undersigned sells, assigns and transfers unto ______________ this Bond and all rights hereunder and hereby irrevocably appoints ____________________ attorney to transfer this Bond on the books kept for registration thereof with full power of substitution in the premises

Dated: _________________ ________________________________Signature

NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular.

LAN01\288283.2ID\JPK - 071737\0013

Memorandum



Date: 03/05/13

Re: BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS FOR THE

LIVINGSTON REGIONAL SANITARY SEWER IMPROVEMENT PROJECT

Livingston County entered into an Act 185 Agreement with Tyrone Township in April of 2003 to enhance a sanitary sewer system of a district in Tyrone and Hartland Township. Pursuant to this resolution, this Board, at Tyrone Township’s formal request, has agreed to enter into a Third Amendment to this Agreement for the purposes of the issuance of refunding bonds for the Series 2005 Bonds.

Public Financial Management, Inc. has prepared a financial analysis that shows that by issuing refunding bonds to refinance the Series 2005 Bonds, the Township can reduce the debt service on the bond by a Net Present Value (NPV) savings of over 3% of the bonds to be refunded, as required by the County’s Debt Management Policy.





1

RESOLUTION NO:


BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS TO REFUND A PORTION OF THE LIVINGSTON COUNTY CAPITAL IMPROVEMENT BONDS, SERIES 2006

WHEREAS, this Board of Commissioners has previously adopted a Bond Authorizing Resolution authorizing the issuance by Livingston County (the “County”) of its capital improvement bonds, and pursuant to such resolution, the County issued its Livingston County Capital Improvement Bonds (Regional Wastewater System), Series 2006 (the “Prior Bonds”); and

WHEREAS, the proceeds of the Prior Bonds were used, in part, to finance the construction of the County’s septage receiving station; and

WHEREAS, the County desires to issue refunding bonds pursuant to Act No. 34, Michigan Public Acts of 2001, as amended (the “Act”) to refund a portion of the Prior Bonds; and

WHEREAS, the County Department of Public Works has recommended that the County Board of Commissioners approve the issuance of refunding bonds pursuant to the terms of this Resolution;

THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE

COUNTY OF LIVINGSTON AS FOLLOWS:

1. Bond Details. Refunding bonds of the County (the “Bonds”) in the aggregate

principal amount of not to exceed $2,800,000 shall be issued pursuant to the Act for the purpose

of refunding a portion of the $3,165,000 Livingston County Capital Improvement Bonds

(Regional Wastewater System), Series 2006 (Limited Tax General Obligation) (the “Prior

Bonds”), and paying the costs of issuing the Bonds. (The portion of the Prior Bonds that are

refunded with the proceeds of the Bonds are referred to herein as the “Bonds To Be Refunded”).

The Bonds shall be issued in substantially the form of Appendix A attached hereto with such

charges as may be approved by the Director of the County Department of Public Works, the

2

Chair of the County Board of Commissioners, or the Chair of the County Board of Public Works

(each an “Authorized Officer”). The Bonds shall be known as “Livingston County Capital

Improvement Refunding Bonds (Regional Wastewater System), Series 2013.” The Bonds shall

be dated such date as may be designated by an Authorized Officer prior to the issuance date of

the Bonds, and shall bear interest from that date. The Bonds shall be fully registered Bonds, both

as to principal and interest, in any denomination which is an integral multiple of $5,000 or any

integral multiple of $1,000 over $5,000 up to the amount of a single maturity, and shall be

numbered from 1 upwards regardless of rate and maturity date. The Bonds shall mature on such

dates and in the amounts determined by an Authorized Officer prior to the sale of the Bonds and

each Authorized Officer may designate the Bonds of any maturity as serial bonds or term bonds

and may establish mandatory redemption provisions for any such term bonds.

2. Interest Payment and Date of Record. Each maturity of the Bonds shall bear

interest at a rate of not to exceed six percent (6.00%) and such interest shall be payable on May 1

and November 1 of each year, beginning on May 1, 2013, or such other dates as may be

determined by an Authorized Officer prior to the sale of the Bonds. Interest shall be paid by

check mailed by first class mail to the registered owner of each Bond as of the applicable date of

record, provided, however, that an Authorized Officer may agree with the Bond Registrar (the

“Bond Registrar”) on a different method of payment. If interest is paid differently, the Bond

form attached as Appendix A shall be changed accordingly. The date of record shall be as

designated by an Authorized Officer prior to the closing of the issuance of the Bonds.

3. Method of Sale. As a result of the Bonds being issued for the purpose of

refunding the Bonds To Be Refunded, and in order to optimize the interest rate savings from the

issuance of the Bonds and in order to provide flexibility with respect to the sale date for the

3

Bonds, the Bonds shall be sold at a negotiated sale or sold via private placement. Each

Authorized Officer is hereby authorized and directed to execute and deliver a Purchase Contract

regarding the Bonds (the “Purchase Contract”) to the purchaser thereof in such form as shall be

determined by an Authorized Officer, based on recommendations of the County’s Bond Counsel

and the Financial Advisor for the Bonds. Each Authorized Officer is authorized and directed to

approve the specific interest rates to be borne by the Bonds, at rates not exceeding the rate set

forth in Section 2. Furthermore, prior to executing the Purchase Contract, the Authorized

Officers shall confirm with the County’s Financial Advisor for the Bonds that the following

conditions with respect to the issuance of the Bonds have been satisfied:

(i) The total interest cost (TIC) on the Bonds shall not exceed 3.50%;

(ii) The underwriter’s discount for the Bonds shall not exceed 1.00% of the

principal amount of the Bonds; and

(iii) The issuance of the Bonds shall result in a net present value debt service

savings (as computed by the County’s Financial Advisor) of not less than

3.00% of the debt service on the Bonds To Be Refunded.

4. Redemption. The Bonds shall be subject to redemption prior to maturity as

determined by an Authorized Officer prior to the sale of the Bonds. With respect to partial

redemptions, any portion of a Bond outstanding in a denomination larger than the minimum

authorized denomination may be redeemed provided such portion as well as the amount not

being redeemed constitute authorized denominations. In the event that less than the entire

principal amount of a Bond is called for redemption, upon surrender of the Bond to the Bond

Registrar, the Bond Registrar shall authenticate and deliver to the registered owner of the Bond a

new Bond in the principal amount of the principal portion not redeemed.

4

Notice of redemption shall be sent to the registered holder of each Bond being redeemed

by first class mail at least 30 days prior to the date fixed for redemption, which notice shall fix

the date of record with respect to the redemption. Any defect in any notice shall not affect the

validity of the redemption proceedings. Bonds so called for redemption shall not bear interest

after the date fixed for redemption provided funds are on hand with the Bond Registrar to redeem

the same.

5. Use of Proceeds. The proceeds of the sale of the Bonds, along with any

applicable contributions of funds from the County, if any, shall be used as follows:

(a) Accrued interest on the Bonds, if any, shall be transferred to the Bond

Payment Fund created pursuant to Section 10 below;

(b) There shall next be transferred to the Escrow Agent pursuant to the

Escrow Agreement entered into pursuant to Section 11 below, an amount which, when invested

in permitted obligations pursuant to the Escrow Agreement, will be sufficient to pay when due

the principal of, premium, if any, and interest on the Bonds To Be Refunded until maturity or

earlier redemption as provided in the Escrow Agreement; and

(c) The balance of the proceeds shall be used to pay some or all of the costs of

issuance of the Bonds, including but not limited to, publication costs, financial advisory fees,

bond counsel fees, printing costs, application fees, bond insurance premiums, rating fees,

verification agent fees, and any other fees or costs incurred in connection with the financing.

6. Bond Registrar. The Bonds shall be registrable upon the books of a bank or trust

company selected by an Authorized Officer, which shall serve as Bond Registrar, transfer agent

and authenticating agent for the Bonds.

5

7. Transfer or Exchange of Bonds. Any Bond shall be transferable on the bond

register maintained by the Bond Registrar with respect to the Bonds at any time upon the

surrender of the Bond together with an assignment executed by the registered owner or his or her

duly authorized attorney in form satisfactory to the Bond Registrar. Upon receipt of a properly

assigned Bond, the Bond Registrar shall authenticate and deliver a new Bond or Bonds in equal

aggregate principal amount and like interest rate and maturity to the designated transferee or

transferees.

Bonds may likewise be exchanged at any time for one or more other Bonds with the same

interest rate and maturity in authorized denominations aggregating the same principal amount as

the Bond or Bonds being exchanged. Such exchange shall be effected by surrender of the Bond

to be exchanged to the Bond Registrar with written instructions signed by the registered owner of

the Bond or his or her attorney in form satisfactory to the Bond Registrar. Upon receipt of a

Bond with proper written instructions, the Bond Registrar shall authenticate and deliver a new

Bond or Bonds to the registered owner of the surrendered Bond or his or her properly designated

transferee or transferees or attorney.

The Bond Registrar is not required to honor any transfer or exchange of Bonds during the

15 days preceding an interest payment date. Any service charge made by the Bond Registrar for

any such registration, transfer or exchange shall be paid for by the County. The Bond Registrar

may, however, require payment by a bondholder of a sum sufficient to cover any tax or other

governmental charge payable in connection with any such registration, transfer or exchange.

8. Execution and Delivery. The Chairman of the County Board of Commissioners

and the County Clerk of the County are authorized and directed to execute the Bonds for and on

behalf of the County by manually executing the same or by causing facsimile signatures of the

6

Chairman of the Board and of the County Clerk to be affixed, provided in the latter instance the

Bonds are thereafter authenticated by the Bond Registrar. The Bonds may be sealed with the

County seal or a facsimile of the County seal, but such seal shall not be required for the

authenticity of the Bonds. Upon the execution of the Bonds they shall be delivered to the

Director of the Department of Public Works, who is authorized and directed to deliver the Bonds

to the purchaser upon receipt in full of the purchase price.

9. Full Faith and Credit of County. The principal of and interest on the Bonds shall

be payable from the revenue generated from the operation of the County’s septage receiving

station. Additionally, the County hereby pledges its limited tax full faith and credit as additional

security for the prompt payment of the principal of, premium, if any, and interest on the Bonds as

the same shall become due. Pursuant to such pledge, should other revenue be insufficient to pay

the principal of and interest on the Bonds, the County shall pay the principal of and interest on

the Bonds as a first budget obligation from its general funds, including the collection of any ad

valorem taxes which the County is authorized to levy. The ability of the County to raise funds

with which to meet such full faith and credit pledge is subject to applicable statutory and

constitutional tax limitations.

10. Bond Payment Fund. The County shall establish a separate depository account

for the Bonds to be designated “Livingston County Capital Improvement Bonds (Regional

Wastewater System), Series 2013 Bond Payment Fund” (the “Bond Payment Fund”). All

accrued interest and premium, if any, received from the purchaser of the Bonds, as well as

capitalized interest, if any, on the Bonds shall be deposited in the Bond Payment Fund.

Moneys in the Bond Payment Fund shall be used solely to pay principal of and premium,

if any, and interest on the Bonds.

7

Moneys in the Bond Payment Fund may be continuously invested and reinvested in any

legal investment for County funds, which shall mature, or which shall be subject to redemption

by the holder thereof not later than, the dates when moneys in the Bond Payment Fund will be

required to pay the principal of and interest on the Bonds. Obligations purchased as an

investment of moneys of a Bond Payment Fund shall be deemed at all times to be a part of such

fund, and the interest accruing thereon and any profit realized from such investment shall be

credited to such respective fund.

11. Escrow Agreement; Redemption of the Bonds To Be Refunded. In order that the

Bonds To Be Refunded may be properly defeased in accordance with the Act, the County shall

enter into an escrow agreement (the “Escrow Agreement”) with a bank or trust company

designated by an Authorized Officer. The form of Escrow Agreement shall be determined and

approved by an Authorized Officer prior to the sale of the Bonds, and each Authorized Officer is

authorized to execute the Escrow Agreement on behalf of the County. Upon execution of the

Escrow Agreement and delivery of the Bonds, the Escrow Agent shall take all necessary steps to

cause the Bonds To Be Refunded to be redeemed on the dates set forth in the Escrow Agreement.

12. Final Determination of Aggregate Principal Amount. The aggregate principal

amount of the Bonds to be issued hereunder shall be finally determined by an Authorized Officer

prior to the execution of the Purchase Contract, after consultation with and on the advice of the

County’s Bond Counsel and Financial Advisor for the Bonds. The principal amount of Bonds to

be issued shall not be more than is permitted pursuant to applicable regulations of the United

States Treasury Department under the Internal Revenue Code of 1986, as amended (the “Code”),

for the purpose of carrying out the advance refunding contemplated hereby in order to defease

the Bonds To Be Refunded and to pay the costs of issuance of the Bonds. Any increase or

8

decrease in the aggregate principal amount of the Bonds from that reflected in financial analysis

presented to the County as of the date of this Resolution shall be accomplished by increasing or

decreasing the principal amount of such maturities determined by an Authorized Officer in

integral amounts of $5,000, as determined by an Authorized Officer.

13. Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated,

lost, stolen or destroyed, the Chairman of the County Board of Commissioners and the County

Clerk may, on behalf of the County, execute and deliver, or order the Bond Registrar to

authenticate and deliver, a new Bond having a number not then outstanding, of like date,

maturity and denomination as that mutilated, lost, stolen or destroyed.

In the case of a mutilated Bond, a replacement Bond shall not be delivered unless and

until such mutilated Bond is surrendered to the Bond Registrar. In the case of a lost, stolen or

destroyed Bond a replacement Bond shall not be delivered unless and until the County and the

Bond Registrar shall have received such proof of ownership and loss and indemnity as they

determine to be sufficient, which shall consist at least of (i) a lost instrument bond for principal

and interest remaining unpaid on the lost, stolen or destroyed bond; (ii) an affidavit of the

registered owner (or his or her attorney) setting forth ownership of the Bond lost, stolen or

destroyed and the circumstances under which it was lost, stolen or destroyed; (iii) the agreement

of the owner of the Bond (or his or her attorney) to fully indemnify the County and the Bond

Registrar against loss due to the lost, stolen or destroyed Bond and the issuance of any

replacement Bond in connection therewith; and (iv) the agreement of the owner of the Bond (or

his or her attorney) to pay all expenses of the County and the Bond Registrar in connection with

the replacement, including the transfer and exchange costs which otherwise would be paid by the

County.

9

14. Additional Bonds. Additional bonds of equal standing with the Bonds may be

issued by the County. Nothing in this Resolution shall prevent the issuance by the County of

bonds to finance other projects for the County or to refund prior bonds issued by the County.

15. Arbitrage and Tax Covenants. Notwithstanding any other provision of this

resolution, the County covenants that it will not at any time or times permit any proceeds of the

Bonds or any other funds of the County to be used directly or indirectly (a) to acquire any

securities or obligations, the acquisition of which would cause any Bond to be an “arbitrage

bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”),

or (b) in a manner which would result in the exclusion of any Bond from the treatment afforded

by Section 103(a) of the Code by reason of the classification of any Bond as a “private activity

bond” within the meaning of Section 141(a) of the Code or as an obligation guaranteed by the

United States of America within the meaning of Section 149(b) of the Code. The County further

covenants that it will not take any action, or fail to take any action (including failure to file any

required information or other returns with the United States Internal Revenue Service or to rebate

amounts to the United States, if required, at or before the time or times required), within its

control which action or failure to act would (i) cause the interest on the Bonds to be includable in

gross income for federal income tax purposes, cause the interest on the Bonds to be includable in

computing any alternative minimum tax (other than the alternative minimum tax applicable to

interest on all tax-exempt obligations generally) or cause the proceeds of the Bonds to be used

directly or indirectly by an organization described in Section 501(c)(3) of the Code or (ii)

adversely affect the exemption of the Bonds and the interest thereon from State of Michigan

income taxation.

10

16. Defeasance or Redemption of Bonds. If at any time,

(a) the whole amount of the principal of and interest on all outstanding Bonds

shall be paid, or

(b) (i) sufficient moneys, or Government Obligations (as defined in this

Section) not callable prior to maturity, the principal of and interest on

which when due and payable will provide sufficient moneys to pay the

whole amount of the principal of and premium, if any, and interest on all

outstanding Bonds as and when due at maturity or upon redemption prior

to maturity shall be deposited with and held by a trustee or an escrow

agent for the purpose of paying the principal of and premium, if any, and

interest on such Bonds as and when due, and (ii) in the case of redemption

prior to maturity, all outstanding Bonds shall have been duly called for

redemption (or irrevocable instructions to call such Bonds for redemption

shall have been given)

then, at the time of the payment referred to in clause (a) of this Section or of the deposit referred

to in clause (b) of this Section, the County shall be released from all further obligations under

this resolution with respect the Bonds, and any moneys or other assets then held or pledged

pursuant to this resolution for the purpose of paying the principal of and interest on the Bonds

(other than the moneys deposited with and held by a trustee or an escrow agent as provided in

clause (b) of this Section) shall be released from the conditions of this resolution, paid over to the

County and considered excess proceeds of the Bonds. All moneys and Government Obligations

so deposited and held shall be held in trust and applied only to the payment of the principal of

11

and premium, if any, and interest on the Bonds at maturity or upon redemption prior to maturity,

as the case may be, as provided in this Section.

The trustee or escrow agent referred to in this Section shall (a) be a bank or trust

company permitted by law to offer and offering the required services, (b) be appointed by an

Authorized Officer and (c) at the time of its appointment and so long as it is serving as such,

have at least $25,000,000 of capital and unimpaired surplus. The same bank or trust company

may serve as trustee or escrow agent under this Section and as Bond Registrar so long as it is

otherwise eligible to serve in each such capacity.

As used in this Section, the term “Government Obligations” means direct obligations of,

or obligations the principal of and interest on which are unconditionally guaranteed by, the

United States of America.

17. Continuing Disclosure. The Chairman of the County Board of Commissioners

and the Director of the Department of Public Works are each individually authorized to execute a

Continuing Disclosure Undertaking with respect to the Bonds. The Bonds are hereby made

subject to such respective Continuing Disclosure Undertaking and the County agrees to abide by

the provisions thereof so long as any of the Bonds are outstanding.

18. Preliminary Official Statement and Final Official Statement. Each Authorized

Officer is hereby authorized to approve for distribution a Preliminary Official Statement for the

Bonds. Following the sale of the Bonds, each Authorized Officer is hereby authorized to execute

an Official Statement with respect to the Bonds.

19. Additional Covenants. The County covenants and agrees with the successive

holders of the Bonds that so long as any maturities of the Bonds remain outstanding and unpaid

as to either principal or interest:

12

a. The County will punctually perform all of its obligations and duties under

this Resolution.

b. The County will maintain and keep proper books of record and accounts

relating to the operation of the project financed with the Prior Bonds.

c. The County will not sell or otherwise dispose of any substantial portion of

the project in a manner which might impair the security for the Bonds

until the Bonds have been paid in full both as to principal and interest or

until such full payment has been duly provided for, and will not do or

suffer to be done any act which would affect the project in such a way as

to impair or affect unfavorably the security of the Bonds.

20. Contract. The provisions of this Resolution shall constitute a contract between

the County and the holder or holders of the Bonds from time to time, and after the issuance of

such Bonds, no change, variation or alternation to the provisions of this resolution may be made

which would lessen the security for the Bonds. The provisions of this resolution shall be

enforceable by appropriate proceedings taken by such bondholder either at law or in equity.

21. Retention of Bond Counsel. The law firm of Dykema Gossett PLLC, Lansing,

Michigan, is hereby retained to act as bond counsel for the County in connection with the


22. Retention of Financial Advisor. Public Financial Management, Inc., Ann Arbor,

Michigan, is hereby retained to act as financial advisor to the County in connection with the


13

23. Municipal Bond Insurance. The County’s Financial Advisor for the Bonds is

hereby authorized to solicit proposals for municipal bond insurance to provide additional security

for the Bonds, if in the Financial Advisor’s judgment such insurance would be beneficial for the

County. If the Financial Advisor recommends the purchase of municipal bond insurance, then

any Authorized Officer is hereby authorized to sign a municipal bond insurance commitment or

other agreement with the bond insurer recommended by the Financial Advisor and the premium

for such municipal bond insurance shall be paid as part of the costs of issuance of the Bonds.

24. Qualified Tax-Exempt Obligation. The Bonds are hereby designated as “qualified

tax-exempt obligations” for purposes of deduction of interest expense by financial institutions

under the provisions of Section 265 of the Code, provided that such designation shall have no

effect if, at the time the Purchase Contract for the Bonds is signed, the Bonds have been

determined to be ineligible to be so designated on the basis of the County’s reasonable

expectations at such time.

25. Conflicting Resolutions. All resolutions and parts of resolutions in conflict with

the foregoing are hereby rescinded.

MOVED:

SUPPORTED:

CARRIED:

Appendix A

_______________________________

APPENDIX A - FORM OF BOND_______________________________

Appendix A

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the County or its agent for registration of transfer, exchange, or payment and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

UNITED STATES OF AMERICASTATE OF MICHIGAN


LIVINGSTON COUNTY CAPITAL IMPROVEMENT REFUNDINGBONDS (REGIONAL WASTEWATER SYSTEM), SERIES 2013

(Limited Tax General Obligation)

Date of Issuance

MaturityDate

InterestRate CUSIP

Registered Owner: Cede & Co.

Principal Amount: _____________________________ (Dollars) ($_________)

The County of Livingston, State of Michigan, (the “County”) hereby acknowledges itself indebted and for value received promises to pay the Principal Amount specified above on the Maturity Date specified above to the Registered Owner specified above, or its registered assigns, shown as the owner of record of this Bond on the applicable date of record on the books of ________________________ as Bond Registrar (the “Bond Registrar”), together with interest thereon from the Date of Issuance specified above, or such later date through which interest has been paid, at the Rate per annum specified above, payable on 1, 2013, and semiannually thereafter on the first day of May and November in each year. The date of record shall be April 15 with respect to payments made on May 1 and October 15 with respect to payments made on November 1.

This Bond is one of a series of bonds of like date and tenor except as to date of maturity and interest rate aggregating the principal sum of ___________ ($_________) Dollars, issued by the County of Livingston under and pursuant to and in full conformity with the Constitution and Statutes of the State of Michigan (especially Act No. 34, Michigan Public Acts of 2001, as amended) and a Bond Authority Resolution adopted by the County Board of Commissioners on March __, 2013 for the purpose of refunding a portion of the outstanding bonds issued by the County entitled Livingston County Capital Improvement Bonds (Regional Wastewater System), Series 2006 (Limited Tax General Obligation) (the “Prior Bonds”) and to pay the costs of issuing the Bonds and to pay costs in connection with the refunding of a portion of the Prior Bonds. The Prior Bonds were issued to defray a portion of the cost of enhancing the Livingston Regional Wastewater System by constructing a spetage receiving station (the “Project”).

RESOLUTION NO:

PAGE: 16

16

This Bond is payable as to principal, premium, if any, and interest from moneys to be generated from the operation of the Project’s septage receiving station. Pursuant to the resolution authorizing the issuance of the Bonds, the full faith and credit of the County has also been pledged for the prompt payment of the principal of, premium, if any, and interest on the Bonds. The ability of the County to raise funds with which to meet such full faith and credit pledge is subject to applicable statutory, constitutional and charter tax limitations.

Bonds of this series maturing in the years 20__ through 20__, inclusive, shall not be subject to redemption prior to maturity. Bonds or portions of Bonds in multiples of $5,000 of this series maturing in the years 20__ through 20___, inclusive, shall be subject to redemption prior to maturity, at the option of the County, in any order of maturity and by lot within any maturity, on any interest payment date on or after ______ 1, 20___, at the par amount thereof, plus accrued interest to the date fixed for redemption.

With respect to partial redemptions, any portion of a bond outstanding in a denomination larger than the minimum authorized denomination may be redeemed provided such portion and the amount not being redeemed each constitutes an authorized denomination. If less than the entire principal amount of a bond is called for redemption, upon surrender of the bond to the Bond Registrar, the Bond Registrar shall authenticate and deliver to the registered owner a new Bond in the principal amount of the principal portion not being redeemed.

Notice of redemption shall be sent to the registered holder of each bond being redeemed by first class United States mail at least 30 days before the date fixed for redemption, which notice shall fix the date of record with respect to the redemption. Any defect in any notice of redemption shall not affect the validity of the redemption proceedings. Bonds so called for redemption shall not bear interest after the date fixed for redemption provided funds or sufficient government obligations then are on deposit with the Bond Registrar to redeem such bonds.

This Bond is transferable on the bond registration books of the Bond Registrar upon surrender of this Bond together with an assignment executed by the Registered Owner or his or her duly authorized attorney in form satisfactory to the Bond Registrar. Upon such transfer, one fully registered Bond in the same aggregate principal amount and the same maturity and interest rate, will be issued to the designated transferee or transferees. The Bond Registrar shall not be required to honor any transfer of this Bond during the period from the applicable date of record preceding an interest payment date to such interest payment date.

For a complete statement of the funds from which and the conditions under which this Bond is payable and the general covenants and provisions pursuant to which this Bond is issued, reference is made to the Bond Authorizing Resolution adopted by the County Board of Commissioners on March __, 2013, authorizing this series of Bonds.

It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in connection with the issuance of the Bonds of this series,existed, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of Michigan, and that the total indebtedness of the County, including this series of Bonds, does not exceed any constitutional or statutory limitation.

RESOLUTION NO:

PAGE: 17

17

IN WITNESS WHEREOF, the County of Livingston, Michigan, by its Board of Commissioners, has caused this Bond to be executed in its name with the facsimile signature of the Chairman of its Board of Commissioners and its County Clerk, has caused a facsimile of its seal to be affixed hereto, and has caused this Bond to be authenticated by the Bond Registrar, as the County’s authenticating agent, all as of the Date of Issuance.


By:___________________________Chairman of the Board of

Commissioners

By:___________________________County Clerk

RESOLUTION NO:

PAGE: 18

18

BOND REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the series of Bonds designated “Livingston County Capital Improvement Refunding Bonds (Regional Wastewater System), Series 2013.”

Date of Authentication:_________, ____

__________________________, asBOND REGISTRAR ANDAUTHENTICATING AGENT

By:_________________________Authorized Signer

ASSIGNMENT

For value received, the undersigned sells, assigns and transfers unto ______________ this Bond and all rights hereunder and hereby irrevocably appoints ____________________ attorney to transfer this Bond on the books kept for registration thereof with full power of substitution in the premises

Dated: _________________ ________________________________Signature

NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of this Bond in every particular.

LAN01\291662.1ID\JPK - 098155\0003

Memorandum



Date: 03/05/13

Re: BOND AUTHORIZING RESOLUTION FOR THE ISSUANCE OF REFUNDING BONDS TO REFUND A PORTIONOF THE LIVINGSTON

COUNTY CAPITAL IMPROVEMENT BONDS, SERIES 2006

______________________________________________________________________________

Livingston County issued bonds in the amount of $3,165,000 in 2006 (Livingston County Capital Improvement Bonds (Regional Wastewater System) Series 2006 (Limited Tax General Obligation) to construct the Septage Receiving Station in Hartland Township. The current balance on these outstanding bonds is . In an effort to minimize the long term financing costs, the opportunity of refunding the bonds was explored and we have decided to pursue this matter.

Public Financial Management Inc. has prepared a pro-forma refunding financial analysis on behalf of the County showing a Net Present Value savings of over 3% of the bonds that will be refunded. This exceeds the County’s Debt Management Policy threshold.

With your approval, we will proceed with the issuance of refunding bonds for the Livingston County Capital Improvement Bonds, Series 2006 for the Livingston County Septage Receiving Station.





RESOLUTION NO:


RESOLUTION TO SUBMIT ESTIMATED 2014 BUDGET TO ALLOCATION BOARD -Administration

WHEREAS, the Tax Allocation Board meets yearly to review the proposed budgets of each respective township, school district and the County; and

WHEREAS, in compliance with the statutory requirement, the Tax Allocation Board will meet on Monday, April 15, 2013.


authorizes the submission of the attached Estimated 2014 General Fund Budget

for Livingston County, by activity, to the Tax Allocation Board.

# # #


Livingston County

General FundExpenditures

Actual Actual Pre-Audit Budget Estimated Percent

E X P E N D I T U R E S 2011 2012 2013 2014 ChangePublic Safety/Judiciary:

Court System Personnel Expenses 6,798,762$ 6,889,464$ 6,688,567$ 6,849,761$ 2%

Operating Expenses 188,982 178,438 200,504 204,514 2%

Other Expenses 5,103,371 4,910,899 5,156,762 5,007,135 -3%

Capital Outlay - 0 0 Operating Transfer Out 247015 155,436 109,429 109,429

Subtotal: Court System 12,338,130$ 12,134,237$ 12,155,262$ 12,170,840$ 0%

Percent of Total General Fund 30.5% 29.6% 29.8% 30.8%

Sheriff Department Personnel Expenses 11,175,544$ 10,682,078$ 10,815,853$ 10,774,515$ 0% Operating Expenses 506,344 456,814 466,943 513,637 10% Other Expenses 2,276,567 2,313,089 2,463,367 2,389,466 -3% Capital Outlay - 36,084 0 Operating Transfer Out 183574 128,388 140,561 128,388

Subtotal: Sheriff Dept 14,142,029$ 13,616,453$ 13,886,724$ 13,806,006$ -1%


Other Public Safety Operating Expenses Other Expenses -$ -$ -$ -$ #DIV/0! Capital Outlay - 0 0 0

Subtotal: Other Public Safety -$ -$ -$ -$ #DIV/0!


Total: Public Safety / Judiciary 26,480,159$ 25,750,690$ 26,041,986$ 25,976,846$ 0%


Infrastructure/Development:

Personnel Expenses 1,818,782$ 1,830,571$ 1,877,990$ 1,923,250$ 2%


Other Expenses 664,645 2,202,616 776,610 776,610 0%

Capital Outlay 319,133 22,234 500 0

Subtotal: Infrastructure/Dvlpmnt 2,811,839$ 4,062,709$ 2,666,470$ 2,711,457$ 2%


Health & Human Services:

Personnel Expenses 360,123$ 360,848$ 390,435$ 399,844$ 2%


Other Expenses 2,363,567 2,423,247 2,552,156 2,781,850 9%

Capital Outlay 56,857 0 0 0

Subtotal: Health & Human Svcs 2,800,077$ 2,797,921$ 2,960,557$ 3,200,020$ 8%


General Government:

Personnel Expenses 4,023,643$ 4,011,889$ 3,661,306$ 3,749,543$ 2%


Other Expenses 4,108,364 3,788,562 5,253,842 3,677,689 -30%

Capital Outlay - 283,621 0

Subtotal: General Government 8,297,159$ 8,331,906$ 9,057,491$ 7,589,504$ -16%

Percent of Total General Fund 20.5% 20.3% 22.2% 19.2%TOTAL EXPENDITURES 40,389,234$ 40,943,226$ 40,726,504$ 39,477,827$ -3.07%

S:\Excel Budget\Tax Allocation Board Budgets\2014 TAX ALLOCATION BUDGET

Livingston County

General FundRevenues

2011 Pre Audit Actual Budget Estimated %

R E V E N U E S Actual 2012 2013 2014 ChgPublic Safety / Judiciary:

Court System

Federal Grants -$ -$ -$ -$

State Grants 1,131,915 1,128,225 1,130,728 1,130,070 0%

Charges for Services 3,841,651 3,663,348 3,630,390 3,630,390 0%

Fines & Forfeitures 631,313 655,580 638,500 643,447 1%

Interest & Rents 4,711 - - - #DIV/0!Other Revenue 181,404 159,823 159,056 170,614 7%License & Permits 200 175 100 100 0%

Subtotal: Court System 5,791,194$ 5,607,151$ 5,558,774$ 5,574,620$ 0%


Sheriff Department

Federal Grants 68,868$ 37,228$ 48,000$ 50,000$ 4%

State Grants 210,296 149,265 187,000 179,781 -4%

Contributions from Local Units 75,364 121 - 68,825 #DIV/0!

Charges for Services 1,157,505 1,035,424 1,027,942 794,465 -23%

Fines & Forfeitures 93,182 32,068 35,250 35,250 0%

Other Revenue 15,692 21,433 11,500 18,563 61%

Operating Transfers In 527 - - -

Subtotal: Sheriff Dept 1,621,434$ 1,275,539$ 1,309,692$ 1,146,883$ -12%


Other Public Safety


Charges for Services - -

Subtotal: Other -$ -$ -$ -$


Total: Public Safety / Judiciary 7,412,628$ 6,882,690$ 6,868,466$ 6,721,503$ -2%


Infrastructure/Development:

Licenses & Permits 98,324$ 135,584$ 125,118$ 150,000 20%

Contributions from Local Units 14,402 27,085 30,000 20,744 -31%

Charges for Services 10,449 8,905 8,200 9,677 18%

Other Revenue 684,720 688,217 696,116 686,469 -1%

Operating Transfers In - 346,000 - #DIV/0!

Subtotal: Infrastructure/Dvlpmnt 807,895$ 1,205,791$ 859,434$ 866,889$ 1%


Health & Human Services:


Contributions from Local Units - - - -

Charges for Services - - - -

Operaating Transfer In 377,848 331,323 342,637 354,586 3%

Subtotal: Health & Human Svcs 377,848$ 331,323$ 342,637$ 354,586$ 3%


General Government:

Taxes 25,501,878$ 24,474,723$ 25,158,392$ 25,347,080$ 0.75%

Licenses & Permits 158,060 153,739 158,000 175,000 11%

State Grants 912,999 1,501,594 2,466,862 2,701,553 10%

Charges for Services 1,574,943 2,074,792 1,569,500 1,700,000 8%

Fines & Forfeitures - - - - Interest & Rents 206,937 144,174 215,000 175,556 -18%

Other Revenue 1,398,594 1,131,353 1,004,850 1,135,880 13%

Fund Balance - - Operating Transfers In 3,052,612 3,092,676 1,451,875 26,450 -98%

Subtotal: General Government 32,806,023$ 32,573,051$ 32,024,479$ 31,261,518$ -2%

Percent of Total General Fund 79.2% 79.5% 79.9% 79.7%TOTAL REVENUE 41,404,394$ 40,992,855$ 40,095,016$ 39,204,495$ -2.22%

S:\Excel Budget\Tax Allocation Board Budgets\2014 TAX ALLOCATION BUDGET