Please see attached on behalf of Sue F. McCormick.
faxed copy forwarded to Mayor Dayne Walling and Jeff Wright
xxxEND_PAGE:treasury02_b3_159_230_50
000209
We Wiad O11) bed
State of Michigan
Rick SNYDER DEPARTMENT OF TREASURY ANDY DILLON
GOVERNOR LANSING STATE TREASURER
Mr. Edward Kurtz April 11, 2013
Emergency Manager
City of Flint
LIOl South Saginaw Street
Flint, MI 48302
Dear Mr. Kurtz:
Thank you far your March 29. 2013 letter, which is attached for reference. As the Emergency
Manager for the City of Flint (“Flint or “City"), you have asked for my concurrence, pursuant 10
Public Act $36 of 2012. the Local Financial Stability and Choice Act, to authorize a contract in
éxcess of $50,000.00 not subject to competitive bidding. This tequest wus related to (he City
entering into an agreement with the Karegnondi Water Authority (KWA) for provision of raw
water for the City.
(n considering your request, I took note of the following facts in support of Flint joining KWA,
First, there is widespread support in the City for this move, including the support of the Mayor,
the City Council, and the Emergency Manager, Second, this move will provide a unique
opportunity for the City and County to partner on an important project, which will hopefully lead
to future regional collaboration, Third, the Department of Environmental Quality is supportive of
the City participating in the KWA project. Finally, your representations that this deal will lead to
substantial savings for the City over the coming decades, savings that are desperately needed to
help with the turnarovad of the City of Flint.
It is my understanding that he Dewroit Water and Sewer Department is making a final best offer
to Genesee County and the City of Flint next Monday, April 15, 2013, As such, this approval
will be effective at 5 py on April 16. 2013 alter receiving written note from the City that either
no such offer was presented to the county and the City or that an offer was received and was
rejected in good faith based upon specified objections.
For the reasons described above and subject to the conditions set forth herein, pursant to
Section 12 (3) of PA 436 of 2012.1 am authorizing you to proceed with adopting the resolution
and entering into a contract wilh KWA
PO BOA 20716 = LANSING MICHIGAN AdBe,
Vr HEH IDO QovAUa Gury » (617) 27% 320e
xxxEND_PAGE:treasury02_b3_159_230_51
000210
CITY OF FLINT
OFFICE OF EMBRGENCY MANAGER
EDWARD J. KURTZ
ELECTRONIC LETTER
April 16,2013
Andy Dillon
‘State Treasurer
P.O. Bax 30776
Lansing, Ml 48908
Dear Treasurer Dillon:
Flint, Genesee County and KWA received an eight page letter from Detroit Water and
Sewerage Deparment (DWSD) offering a framework for a long-term agreement with
ourfegion, Two-scenarios were presented:
Scenario 1; Water from the Lake Huron Plant.
This offer was dismissed immediately because Flint would still be responsible for their
share of the KVVA water pipeline delivery system estimated to be $79 million. In
addition Flint would not be able to operate the Filnt Water Plant in which we have
invested over $40 million par MDEQ mandates over the past ten years. Finally,
allhough DWSD shows this as an option and supplied a per month cost projection for
the first year, no total costs over the life of the contract were provided,
Scenaria 2: “Full Service” Water Supply
This offer was also rejected. DWSD would supply water to Flint/Genesee the same way
they currently are today, They would change the method of calculating our bill, The
offer would provide a $1.00 per ccf reduction on our usage for the first year, providing a
50 year contract is signed
After review of the offer, Flint/Genesee has the following cancerns:
City Hall
110] S. Saginaw Sireet ~ Flint, Michigan 48302
810-766-7346 PAX: 810-766-7218 © \evow.cityofflintcom
xxxEND_PAGE:treasury02_b3_159_230_52
000211
Andy Dillon, State Treasurer
April 16, 2013
Page 2
1. DWSD's offer is a framework subject to negotiations and is not a fim offer
2. DWSD's offer is based on 40.6 mad, the KWA plan is basad on 60 mgd.
FlintGenesee last summer hit the peak of 40,8 mgd and this DWSD offer
provides no room for growth, Growth would result in penalties or added cast.
3, DWSD's offer does not include a guaranteed rate for years two through thinly, nor
does it provide a maximum annual increase.
4, DWSD's offer does not provide a redundant stipply for GGDC.
5. OWSD’s offér does not allow for te use of Flint’s existing water plant.
6. The offer indicates that the total cost to Flint over the life of the contract wauld be
$567,990,565, No indication of what annual rate of increase was used in this
projection. Flint can only assume it's 4.4% based on the Tucker Young repart. It
is also based on 40.6 mgds. KWA's proposal is for $649,775,166 based on
60mgds (33% more), Based on 60 mgds DWSD's proposal would be
$868,950,738.
On a final note, Flinv/Genesee has great concem over the accuraoy of the fiqures:
provided Ly DWSD. Affactiment 1 indicates fat our joint annual cost to DWSD is $50
million; actual cost Is less than $25 milan. Attachment 2 Indicates $800 million in
savings over the next 30 years, That is greater than the total cost we waukd pay DWSD.
‘Therefore, | will sign the resolution to join KWA at the close of business taday,
Sincerely, a
Edward J. Kurtz
Emergency Manager
xxxEND_PAGE:treasury02_b3_159_230_53
000212
—_
Cory att Grerdaay / 733 Resco Seer
Warett Ano Btwethycik Qrraitinvene Drreoit, Vicnc\nds226
Orrict at wie Beco SW eee cay
April 17, 2013
=
2
=
Certified Mail at ronic De! a
—
Ms. Inez M. Brows =
City Clerk “i
City of Flint =
Zod Floor, City Hall
1101.8. Saginaw Street
Flint, Michigan 48502
Dear Ms. Brown:
Regarding; Termination of Contract for the Provision af Water Services
by the City of Detroit, Water and Sewerage Department
On December 20, 1965, the City of Detroit, through its Board of Water Commissioners,
(DWSD) and the City of Flint, Michigan (Flint) entered into @ contract for the provision of
DWSD treated water ta Flint and the disivibution by flint of that water to other Genesee County
communities. Section 18 of that Agreement! provides:
18. The Board [DWSD] shall supply and sel! water to the City [Flint] from the water system of
ihe City of Detroit, and the City shall receive and purchase such water in acdordance with the
terms of this Agreement for an indefinite period of time but et least for a period of thicty-five
(35) years from the date hereof, This Agreement may be terminated by either parly offer
expiration of said 35-year period, upon ane year's written notice served upon the other party by
delivering the same to the Secretary of the Board orto the Clerk of the City as the case may be,
or at any time Upon routual consent of both parties.
Please take notice that pursuant to this section, 18, of the above-referenced Agreement, DWSD is
terminating this Agreement one year ftom today’s date (April 17, 2014).
Sincerely yours,
Sue F. McCormick
Director
* Although the Agreement betwees DWSD has been subsequently amended, Section 18 temeins anohanged and (1
Wu! effect.
vA
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Kp) ALY
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xxxEND_PAGE:treasury02_b3_159_230_54
000213
fet Gey OLN}
STATE OF MICHIGAN
RICK SNYDER. DEPARTMENT OF TREASURY ANDY DILLON
GOVEKNOK LANSING STATE TREASURER
SUMMARY REPORT
TQ: Brom Stibitz. Senior Policy Adviser; Deparment of Treasury
FROM; Erie Cline, Unit Operations Specialist
SUBJECT: Tint Water Sysiem Summary:
DATE: April 18,2014
Sammary
In November 2012 the Department of Treasury commissioned the finn of Tucker, Young, Jackson & Tull, Inc:
(TYIT) to analyze options for the City of Flint to either remain a customer of the Detroit Water & Sewer
Department (DWSD) or to join the Karegnondi Water Authority (KWA) in Genesee County, The purpose of this
study was to provide objective analyses 10 the State Treasurer and Flint's Emergency Financial Manager (EPM)
in order to secure future potuble drinking water for the City,
In December 20/2, staff from TYJIT met with representatives from the Department of Treasury and the City of
Flint io provide a preliminary report on their findings. At this meeting, five options were presented: These
Optiotis ranged from the Flint Water Plant providing 160% water, to 100% provision of untreated Lake Huron
Water by KWA, to 100% provision of reated drinking water by DWSD, or provision of variable.amounts of
water From DWSD using a combination of blended DWSD water and Flint River water