Correspondence among

FYI ---------- Forwarded message ----------

Follow Up Flag: Follow up Flag Status: Completed Flint mayor wants water loan payments forgiven, not delayed FLINT, MI -- Mayor Dayne Walling said he appreciates the plan to restructure four drinking water bonds, freeing up $2.2 million to help fix water safety and quality in the city. He'd just like to take it a step further. Walling said that he's continuing to push for Read More http://www. wants water_loan_p.html xxxEND_PAGE:treasury01_b31_4719_5108_297 Byrne, Randall (T: Treasury)

Veolia presentation...interim report woeneeenee Forwarded message ----------

xxxEND_PAGE:treasury01_b27_4112_4389_039 Per conversation this morning, | am confirming that the City of Flint utilized a competitive process in the selection of a Water Quality consultant. The attached RFP was released on January 15, with an initial response date of January 26. However, the response date was changed to January 29. The RFP was posted on the City's website and invitations to respond were sent to the following firms: Greeley and Hansen Black and Veatch CDM Smith Arcadis Hazen and Sawyer Stantec Fleis & Vandenbrink HDR Inc. The City received one response from Veolia. After review, it was determined that the respondent firm met the qualifications, and following initial discussion with the firm, it was also determined that the firm could initiate work quickly We are in the process of finalizing a initial phase agreement at a cost not to exceed $40,000. This initial phase will allow the firm to be on site and to conduct an initial evaluation of the City's current situation. Future phases will be negotiated consistent with their proposal and the requirements set forth in the RFP. lam pleased with the proposal we received, and believe that it will provide us with that "extra set of eyes" to assure us and the public that we provide safe water and that we are taking the necessary steps to improve water quality. Jerry Ambrose, Emergency Manager City of Flint xxxEND_PAGE:treasury01_b27_4112_4389_040 INVITATION TO BID OWNER: THE CITY OF FLINT DEPARTMENT OF PURCHASES AND SUPPLIES 1101 S. SAGINAW ST., 3RD FLOOR FLINT, Ml 48502 PROPOSAL NO.: 15-573 SCOPE OF WORK: The City of Flint (The City), Department of Purchases & Supplies, is soliciting sealed proposals for the following: Water Quality Consultant per the attached specification. If your firm is interested in providing the requested services, please submit 1 original and 2 copies of your detailed proposal to the City of Flint, Department of Purchases and Supplies, 1107 S. Saginaw St. Rm. 304, Third Floor, Flint, Ml, 48502, by Monday, January 26, 2015 @ 12:00 PM (EST). Please note: all detailed proposals received after 12:00 PM (EST) will not be considered. Faxed proposals into the Purchasing Department are not accepted. The City of Flint may hold proposals for a period of 120 days from opening, for the purpose of reviewing the results and investigating the qualifications of proposals prior to making an award. The City of Flint reserves the right to waive any irregularities and accept or reject any or all proposals submitted. Vendors located within the corporate city limits of Flint, Michigan may be given a seven percent (7%) competitive price advantage. Additionally, if the lowest responsible bidder is not located with the limits of the City of Flint, but is located within the county of Genesee, and said Genesee County responsible bidder does not exceed the bid of the lowest non-local bidder by more than three and one-half percent (3 % %), the County vendor may have a competitive advantage. The City reserves the right to waive any irregularities and accept or reject any or all xxxEND_PAGE:treasury01_b27_4112_4389_041 proposals submitted. The City is an equal opportunity employer. The successful bidder must comply with all requirements and pay prevailing wages and fringe benefits on this project per the City’s Resolution R-12 adopted 4/8/91. Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act) and 1976 P.A. 220 (Michigan Handicapped Rights Act), the local unit and its agent agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status or because of a handicap that is unrelated to the person’s ability to perform the duties of nondiscrimination provision identical to this provision and binding upon any and all contractors and subcontractors. A breach of this covenant shall be regarded as a material breach of this contract. All materials furnished must be new, of latest model and standard first grade quality, or best workmanship and design, unless otherwise expressly specified. Bidder, if required, must furnish satisfactory evidence of quality materials, offers of experimental or unproven equipment may be disregarded. Bidder shall protect against expense of any nature, shall bear costs of any suits which arise, and shall pay all damages which may be awarded against the City for the use, under this specification, of any patented device, process, apparatus, material or invention. Bidder is not permitted to take advantage of any obvious errors or omissions in specifications. The City reserves the right to reject any or all bids, or split awards by items, unless otherwise stipulated, or to accept any bid which will best serve its interests. The Director shall not knowingly accept a proposal from a vendor /contractor who is in default on the payment of taxes, licenses, fees or other monies due the City. Purchase agreements with bidders who are found to have been in default at the time of award of such agreement shall be voided. The bidder acknowledges that by signing this document that he/she is duly authorized to make said offer on behalf of the company he/she represents and that said proposal is genuine and not sham or collusive and not made in the interests or on behalf of any person not therein named, and that he/she and said bidder have not directly induced or solicited any other person(s) or corporation to refrain from responding to this solicitation and that he/she and said bidder have not in any manner sought by collusion to secure to himself/herself and said bidder any advantage over any other bidder. 2 xxxEND_PAGE:treasury01_b27_4112_4389_042 Any questions regarding this proposal should be submitted by either fax (810-766-7240) or e-mail [email protected] by Tuesday, January 20, 2015 by 5:00 PM. Responses to any questions will be posted to the City's website under this project number no later Wednesday, January 21, 2015. Sincerely, Derrick F. Jones Department of Purchases & Supplies Enclosure All additional proposal documents, requirements, addendums, specifications and plans/drawings (if utilized) are available on the Purchasing page of the City of Flint’s web site at under “open bids” and the specific bid or proposal number assigned to this notice. xxxEND_PAGE:treasury01_b27_4112_4389_043 INSTRUCTIONS TO VENDORS General 1) 2) 3) PRE-BID INFORMATION AND QUESTIONS: Each bid that is timely received will be evaluated on its merit and completeness of all requested information. In preparing bids, Bidders are advised to rely only upon the contents of this Request for Proposal (RFP) and accompanying documents and any written clarifications or addenda issued by the City of Flint if a Bidder finds a discrepancy, error or omission in the RFP package, or requires any written addendum thereto, the Bidder is requested to notify the Purchasing contact noted on the cover of this RFP, so that written clarification may be sent to all prospective Bidders. THE CITY OF FLINT IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS. RFP MODIFICATIONS: The City of Flint has the right to correct, modify or cancel the RFP, in whole or in part, or to reject any Bid, in whole or in part, within the discretion of the City of Flint, or their designee. If any such changes are made, all known recipients of the RFP will be sent a copy of such changes. If any changes are made to this RFP document by any party other than the City of Flint, the original document in the City of Flint's files takes precedence. BID SUBMISSION: a) The Bidder must include the following items, or the bid may be deemed non-responsive: ie. All forms contained in this RFP, fully completed. b) Bids must be submitted to the Purchasing Department, City of Flint, 1101 S. Saginaw Street - Room 304, Flint, Michigan 48502 by the date and time indicated as the deadline. The Purchasing Department's time stamp will determine the official receipt time. It is each Bidder’s responsibility to insure that its bid is time stamped by the Purchasing Department by the deadline. This responsibility rests entirely with the Bidder, regardless of delays resulting from postal handling or for any other reasons. Bids will be accepted at any time during the normal course of business only, said hours being 8:00 a.m. to 5:00 p.m. Local Time, Monday through Friday, legal holidays as exception. c) Bids must be enclosed in a sealed opaque envelope, box or package, and clearly marked on the outside with the following: RFP Title, RFP Number, Deadline and Bidder’s name. d) Submission of a bid establishes a conclusive presumption that the Bidder is thoroughly familiar with the Request for Bids (RFP), and that the Bidder understands and agrees to abide by each and all of the stipulations and requirements contained therein. e) All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes may be crossed out and corrections must be initialed in ink by the person(s) signing the bid. f) Bids sent by telegraph, facsimile, or other electronic means will not be considered unless specifically authorized in this RFP. g) All costs incurred in the preparation and presentation of the bid are the Bidder's sole responsibility; no pre-bid costs will be reimbursed to any Bidder All documentation submitted with the bid will become the property of the City of Flint. h) Bids must be held firm for a minimum of 120 days. \) Term - Contract and/or all other procurement documents shall be effective until completed to the Satisfaction of the City of Flint. The City of Flint reserves the right to cancel or not renew all or any part of the procurement agreement/contract at any time xxxEND_PAGE:treasury01_b27_4112_4389_044 4) 5) 8) 7) 8) 9) EXCEPTIONS: Bidder shall clearly identify any proposed deviations from the Terms or Scope in the Request for Bid. Each exception must be clearly defined and referenced to the proper paragraph in this RFP. The exception shall include, at a minimum, the Bidder's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Bidder’s bid, the City of Flint will assume complete conformance with this specification and the successful Bidder will be required to perform accordingly. Bids not meeting all requirements may be rejected DUPLICATE BIDS: No more than one (1) bid from any Bidder, including its subsidiaries, affiliated companies and franchises will be considered by the City of Flint. In the event multiple bids are submitted in violation of this provision, the City will have the right to determine which bid will be considered, or at its sole option, reject all such multiple bids. WITHDRAWAL: Bids may only be withdrawn by written notice prior to the date and time set for the opening of bids. No Bid may be withdrawn after the deadline for submission. REJECTION/GOOD STANDING: The City of Flint reserves the right to reject any or all bids, or to accept or reject any bid in part, and to waive any minor informality or irregularity in bids received if it is determined by the City of Flint, or their designee, that the best interest of the City will be served by doing so. No Bid will be considered from any person, firm or corporation in arrears or in default to the City on any contract, debt, taxes or other obligation. or if the Bidder is debarred by the City of Flint from consideration for a contract award. PROCUREMENT POLICY: Procurement for the City of Flint will be handled in a manner providing fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the City. The City of Flint and their officials have the vested authority to execute a contract, subject to City Council and Mayoral approval where required. BID SIGNATURES: Bids must be signed by an authorized official of the Bidder. Each signature represents binding commitment upon the Bidder to provide the goods and/or services offered to the City of Flint if the Bidder is determined to be the lowest Responsive and Responsible Bidder. 10) CONTRACT AWARD/SPLIT AWARDS: The City of Flint reserves the right to award by item, group of items, or total bid to the lowest responsive, responsible Bidder. The Bidder to whom the award is made will be notified at the earliest possible date. Tentative acceptance of the bid, intent to recommend award of a contract, and actual award of the contract will be provided by written notice sent to the Bidder at the address designated in the bid if a separate Agreement is required to be executed. After a final award of the Agreement by the City of Flint, the Contractor/Vendor must execute and perform said Agreement. All bids must be firm for at least 120 days from the due date of the bid. If, for any reason, a contract is not executed with the selected Bidder within 14 days after notice of recommendation for award, then the City may recommend the next lowest responsive and responsible Bidder. 11) NO RFP RESPONSE: Bidders who receive this RFP but who do not submit a bid should return this RFP package stating the reason(s) for not responding. Failure to return this form may result in removal of the Bidder’s name from all bidder lists. xxxEND_PAGE:treasury01_b27_4112_4389_045 12) FREEDOM OF INFORMATION ACT REQUIREMENTS: Bids are subject to public disclosure after the deadline for submission in accordance with state law. 13) ARBITRATION: Contractor/Vendor agrees to submit to arbitration all claims, counterclaims, disputes and other matters in question arising out of or relating to this agreement or the breach thereof. The Contractor's agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction to hear such matters. Contractor's obligation to submit to arbitration shall be subject to the following provisions: (a) (b) (c) (4) Notice of demand for arbitration must be submitted to the City in writing within a reasonable time after the claim, dispute or other matter in question has arisen. A teasonable time is hereby determined to be fourteen (14) days from the date the party demanding the arbitration knows or should have known the facts giving rise to his claim, dispute or question. In no event may the demand for arbitration be made after the time when institution of legal or equitable proceedings based on such claim dispute or other matters in question would be barred by the applicable statute of limitation. Within fourteen (14) days from the date demand for arbitration is received by the City, each party shall submit to the other the name of one person to serve as an arbitrator. The two arbitrators together shail then select a third person; the three together shall then serve as a panel in all proceedings. Any decision concurred in by a majority of the three shall be a final binding decision. The final decision rendered by said arbitrators shall be binding and conclusive and shall be subject to specific enforcement by a court of competent jurisdiction. The costs of the arbitration shall be split and borne equally between the parties and such costs are not subject to shifting by the arbitrator. 14) BID HOLD: The City of Flint may hold bids for a period of 120 days from opening, for the purpose of reviewing the results and investigating the qualifications of bidders prior to making an award. 15) NONCOMPLIANCE: Failure to deliver in accordance with specifications will be cause for the City of Flint and they may cancel the contract or any part thereof and purchase on the open market, charging any additional cost to the Contractor/Vendor. 16) DISCLAIMER OF CONTRACTUAL RELATIONSHIP: Nothing contained in these documents shall create any contractual relationship between the City and any Subcontractor or Sub-subcontractor. 17) ERRORS AND OMISSIONS: Bidder is not permitted to take advantage of any obvious errors or omissions in specifications 18) INTERPRETATION: In the event that any provision contained herein shall be determined by a court of competent jurisdiction or an appropriate administrative tribunal to be contrary to the provision of law or to be unenforceable for any reason, then, to the extent necessary and possible to render the remainder of this Agreement enforceable, such provision may be modified or severed by such court or administrative tribunal having jurisdiction over this Agreement and the interpretation thereof, or the parties hereto, so as to, as nearly as possible, carry out the intention of the parties hereto, considering the purpose of the entire Agreement in relation to such provision. 6 xxxEND_PAGE:treasury01_b27_4112_4389_046 19) LAWS AND ORDINANCES: The bidder shall obey and abide by all of the laws, rules and regulations of the Federal Government, State of Michigan, Genesee County and the City of Flint, applicable to the performance of this agreement, including, but not limited to, labor laws, and laws regulating or applying to public improvement, local government, and its operational requirements. 20) LOCAL PREFERENCE: Bidders located within the corporate city limits of Flint, Michigan may be given a seven percent (7%) competitive price advantage and those located in Genesee County, MI may be given a three and a haif percent (3 42%) competitive price advantage. 21) MATERIAL WORKMANSHIP AND STANDARDS OF PERFORMANCE: The bidder agrees to exercise independent judgment and to complete performance under this Agreement in accordance with sound professional practices. In entering into this Agreement, the City is relying upon the professional reputation, experience, certification and ability of the bidder. The bidder agrees that all of the obligations required by him pursuant to this Agreement shall be performed by him or by other employed by him and working under his direction and control. The continued effectiveness of this Agreement during Its term or any renewal term shall be contingent, in part, upon the bidder maintaining his operating qualifications in accordance with the requirements of federal, state and local laws. All materials furnished must be new, of latest model and standard first grade quality, or best workmanship and design, unless otherwise expressly specified. Bidder, if required, must furnish satisfactory evidence of quality materials, offers of experimental or unproven equipment may be disregarded. 22) VARIATIONS: Any modification to this agreement must be in writing and signed by the authorized employee, officer, board or council representative authorized to make such modifications pursuant to the State law and local ordinances. Commodities subject to market price variation shall be considered on all term agreements subject to a 30-day advance wntten notification from the vendor. Such notice must be substantiated by a written price change from the manufacturer and shall be required for both price increases and decreases. 23) NON-COLLUSION: The bidder acknowledges that by signing this document that he/she is duly authorized to make said offer on behalf of the company he/she represents and that said bid is genuine and not sham or collusive and not made in the interests or on behalf of any person not therein named, and that he/she and said bidder have not directly induced or solicited any other person(s) or corporation to refrain from responding to this solicitation and that he/she and said bidder have not in any manner sought by collusion to secure to himself/herself and said bidder any advantage over any other bidder. 24) NON-DISCRIMINATION: Pursuant to the requirements of 1976 P.A. 453 (Michigan Civil Rights Act) and 1976 PA 220 (Michigan Handicapped Rights Act), the local unit and its agent agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status or because of a handicap that is unrelated to the person's ability to perform the duties of nondiscrimination provision identical to this provision and binding upon any and all contractors and subcontractors. A breach of this covenant shall be regarded as a material breach of this contract. xxxEND_PAGE:treasury01_b27_4112_4389_047 25) SUBCONTRACTING: No subcontract work shall be started prior to the written approval of the subcontractor by the City. The City reserves the right to accept or reject any subcontractor. 26) UNION COMPLIANCE: Contractor agrees to comply with all regulations and requirements of any national or local union(s) that may have jurisdiction over any of the materials, facilities, services or personnel to be furnished by the City. 27) WAIVER: Failure of the City to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time. 28) JURISDICTION OF OMBUDSMAN: Any person, business or other entity submitting a bid or bid in response to a request by the City consents to be subject to the jurisdiction of the Ombudsman of the City of Flint and to comply with the respective Charter provisions governing the Ombudsman's duties, jurisdiction and powers. 29) PREVAILING WAGE: The successful bidder providing any contractual labor services must comply with all requirements and pay prevailing wages and fringe benefits on this project per the City’s Resolution R-12 adopted 4/8/91. The bidder is aware of City of Flint Resolution #R-12 dated April 8, 1991, a copy of which is annexed hereto and incorporated herein, and agrees to abide by all of the applicable covenants and requirements set forth in said resolution. Not applicable to this project. 30) CITY INCOME TAX WITHHOLDING: Contractor and any subcontractor engaged in this contract shall withhold from each payment to his employees the City income tax on all of their compensation subject to tax, after giving effect to exemptions, as follows: (a) Residents of the City: At a rate equal to 1% of all compensation paid to the employee who is a resident of the City of Flint. (b) Non-residents: Ata rate equal to 1/2% of the compensation paid to the employee for work done or services performed in the City of Flint. These taxes shall be held in trust and paid over to the City of Flint in accordance with City ordinances and State law. Any failure to do so shall constitute a substantial and material breach of this contract. 31) CONTRACT/PROCURMENT DOCUMENTS: The invitation for bids, instructions to bidders, bid, affidavit, addenda (if any), statement of bidder's qualifications (when required), general conditions, special conditions, performance bond, labor and material payment bond, insurance certificates, (if required), technical specifications, and drawings, together with this agreement, form the contract, and they are as fully a part of the contract as if attached hereto or repeated herein 32) DISCLAIMER OF CONTRACTUAL RELATIONSHIP WITH SUBCONTRACTORS: Nothing contained in the Contract Documents shall create any contractual relationship between the City and any Subcontractor or Sub-subcontractor. 33) EFFECTIVE DATE: Any agreement between the City and the contractor shail be effective upon the date that it is executed by all parties hereto. 8 xxxEND_PAGE:treasury01_b27_4112_4389_048 34) FORCE MAJEURE: Neither party shall be responsible for damages or delays caused by Force Majeure or other events beyond the control of the other party and which could not reasonably have anticipated the control of the other party and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, Force Majeure includes, but is not limited to, adverse weather conditions, floods, epidemics, war, riot, strikes, lockouts, and other industrial disturbances, unknown site conditions, accidents, sabotage, fire, and acts of God. Should Force Majeure occur, the parties shall mutually agree on the terms and conditions upon which the services may continue. 35) INDEMNIFICATION: To the fullest extent permitted by law, Contractor agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Flint, its elected and appointed officials, employees and volunteers and other working on behaif of the City of Flint, including the Project Manager, against any and all claims, demands, suits, or losses, including all costs connected therewith, and for any damages which may be asserted, claimed, or recovered against or from the City of Flint, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Flint, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which may arise as a result of Contractor's acts, omissions, faults, and negligence or that of any of his employees, agents, and representatives in connection with the performance of this contract. Should the Contractor fail to indemnify the City in the above-mentioned circumstances, the City may exercise its option to deduct the cost that it incurs from the contract price forthwith. 36) INDEPENDENT CONTRACTOR: No provision of this contract shall be construed as creating an employer-employee relationship It is hereby expressly understaod and agreed that Contractor is an ‘independent contractor” as that phrase has been defined and interpreted by the courts of the State of Michigan and, as such, Contractor is not entitled to any benefits not otherwise specified herein. 37) NO THIRD-PARTY BENEFICIARY: No contractor, subcontractor, mechanic, material man, laborer, vendor, or other person dealing with the principal Contractor shall be, nor shall any of them be deemed to be, third-party beneficiaries of this contract, but each such person shall be deemed to have agreed (a) that they shall look to the principal Contractor as their sole source of recovery if not paid, and (b) except as otherwise agreed to by the principal Contractor and any such person in writing, they may not enter any claim or bring any such action against the City under any circumstances. Except as provided by law, or as otherwise agreed to in writing between the City and such person, each such person shall be deemed to have waived in writing all rights to seek redress from the City under any circumstances whatsoever. 38) NON-ASSIGNABILITY: Contractor shall not assign or transfer any interest in this contract without the prior written consent of the City provided, however, that claims for money due or to become due to Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 39) Contractor agrees that the documents identified herein as the contract documents are confidential information intended for the sole use of the City and that Contractor will not disclose any such information, or in any other way make such documents public, without the express written approval of the City or the order of the court of appropriate jurisdiction or as required by the laws of the State of Michigan. 40) RECORDS PROPERTY OF CITY: All documents, information, reports and the like prepared or generated by Contractor as a result of this contract shall become the sole property of the City of Flint. 41) SEVERABILITY: In the event that any provision contained herein shall be determined by a court or administrative tripunal to be contrary to a provision of state or federal law or to be unenforceable for any reason, then, to the extent necessary and possible to render the remainder of this Agreement enforceable, such provision may be modified or severed by such court or administrative tribunal so as 9 xxxEND_PAGE:treasury01_b27_4112_4389_049 to, as nearly as possible, carry out the intention of the parties hereto, considering the purpose of the entire Agreement tn relation to such provision. The invalidation of one or more terms of this contract shall not affect the validity of the remaining terms. 42) TERMINATION: This contract may be terminated by either party hereto by submitting a notice of termination to the other party. Such notice shall be in writing and shall be effective 30 days from the date it is submitted unless otherwise agreed to by the parties hereto. Contractor, upon receiving such notice and prorated payment upon termination of this contract shall give to the City all pertinent records, data, and information created up to the date of termination to which the City, under the terms of this contract, is entitled. 43) TIME PERFORMANCE: Contractor's services shall commence immediately upon receipt of the notice to proceed and shall be carried out forthwith and without reasonable delay. 44) EVALUATION OF BIDS/BIDS: The City’s evaluation of these proposals will be based on the criterion of price, experience, qualifications, capacity, and ability to produce the required deliverables at an accelerated pace (nsurance/Worker’s Compensation: Contractor shall not commence work under this contract until he has procured and provided evidence of the insurance required under this section. All coverage shall be obtained from insurance companies licensed and authonzed to do business in the State of Michigan unless otherwise approved by the City’s Risk Manager. Policies shall be reviewed by the City's Risk Manager for completeness and limits of coverage. All coverage shall be with insurance carriers acceptable to the City of Flint. Contractor shall maintain the following insurance coverage for the duration of the contract (a) Commercial General Liability coverage of not less than one million dollars ($1,000,000) combined single limit with the City of Flint, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, named as “Additional Insured.” This coverage shall be written on an ISO occurrence basis form and shall include’ Bodily Injury, Personal Injury, Property Damage, Contractual Liability, Products and Completed Operations, Independent Contractors; Broad Form Commercial General Liability Endorsement, (XCU) Exclusions deleted and a per contract aggregate coverage. This coverage shall be primary to the Additional Insured, and not contributing with any other insurance or similar protection available to the Additional Insured, whether said other available coverage be primary, contributing, or excess. (b) Workers Compensation Insurance in accordance with Michigan statutory requirements, including Employers Liability coverage. {c) Commercial Automobile Insurance in the amount of not less than $1,000,000 combined single limit per accident with the City of Flint, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, named as “Additional Insured.” This coverage shall be written on ISO business auto forms covering Automobile Liability, code “any auto.” (d) Professional Liability - Errors and Omissions. All projects involving the use of Architects, civil engineers, landscape design specialists, and other professional services must provide the City of Flint with evidence of Professional Liability coverage in an amount not less than one million dollars ($1,000,000). Evidence of this coverage must be provided for a minimum of three years after project completion. Any deductibles or self-insured retention must be declared to and approved by the City. in addition, the total dollar value of all claims paid out on the policy shall be declared. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention with respect to the City, its officials, employees, agents and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim, administration, and defense expenses. 10 xxxEND_PAGE:treasury01_b27_4112_4389_050 Contractor shall furnish the City with two certificates of insurance for all coverage requested with original endorsements for those policies requiring the Additional Insured. All certificates of insurance must provide the City of Flint with not less than 30 days advance written notice in the event of cancellation, non- payment of premium, non-renewal, or any material change in policy coverage. In addition, the wording “Endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” must be removed from the standard ACORD cancellation statement These certificates must identify the City of Flint, as the “Certificate Holder.” Contractor must provide, upon request, certified copies of all insurance policies. If any of the above polices are due to expire during the term of this contract, Contractor shall deliver renewal certificates and copies of the new policies to the City of Flint at least ten days prior to the expiration date. Contractor shall ensure that all subcontractors utilized obtain and maintain all insurance coverage required by this provision. 11 xxxEND_PAGE:treasury01_b27_4112_4389_051 Background Information On May 1, 2014 the City of Flint (the City) completed a transition to using water provided by Detroit Water and Sewer Department to drawing water from the Flint River and utilizing our plant to treat and distribute the water. In the subsequent months, many of the eight testing sites around the City were returning low chlorine residual levels and several of those sites developed into positive tests for total coliform and resulted in the issuance of boil water notices for precautionary measures. Numerous valve replacements and additional chlorination resultinged in more consistent chlorine residuals throughout the system. Quarterly reporting to the Michigan Department of Environmental Quality (MDEQ) of Disinfectant Byproduct Levels resulted in trinalomethane levels above the maximum contaminant level (MCL). Seven of eight test sites are currently below the MCL but the annual average has triggered a violation notice from the MDEQ dated December 16, 2014. The City has worked with an engineering team to develop an Operational Evaluation Report (see Exhibit A) as required by the violation and has submitted that report to the MDEQ. The next testing period is scheduled for the middle of February 2015 and an updated Operational Evaluation report which incorporates the results of that test is due to the MDEQ no later than March 1, 2015. The City is anticipating during the middle of 2016 to begin receiving and treating raw water from Lake Huron via the Karegnondi Water Authority (KWA). The City’s Water Plant will still be capable of drawing water from the Flint River and will need to be proficient in treating both bodies of water. It is planned that the Flint River will be a permanent back-up source in providing water to the citizens of Flint. Scope of Services The City is seeking a consultant to review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and faderal agencies, and assist in implementing accepted recommendations. The City will have the selected vendor provide reports to reflect their findings and provide continual oversight in implementing any approved recommended practices to improve the quality of water until implementation of the KWA project. 12 xxxEND_PAGE:treasury01_b27_4112_4389_052 Deliverables The City is requesting that the selected vendor provide the following reports in their order of appearance: e Evaluation of the City's processes and procedures to maintain and improve water quality; e Report that outlines recommendations that will improve the water treatment and distribution system. The City is requesting that the selected vendor provide coordination in implementing any selected recommendations that will result in improving the overall process of treating and distributing water until such time that the City is receiving and successfully treating Lake Huron Information Required to Submit Proposal The City has deemed this project a priority and will be requesting the selected firm to produce the requested information in an expedient manner. Firms interested in submitting a proposal based on the information requested in this document must submit the foliowing information: Company's Information-The proposal shall list the legal name of the firm, its address and phone number, and firm’s history. Firm Qualifications, Experiences and References-The proposal should state the size of the firm, personnel that will be assigned to this project, and other significant projects performed in the past five years that are similar to this request for proposal. Indicate the scope of work provided and the name and telephone number of the client. Staff Experience-The proposal should provide information on each staff member to include experience, relevant education, degrees, certifications and any other pertinent information or a resume. Project Scope — Provide a statement discussing the firm’s understanding of the requested services, potential obstacles that may occur during this project, and a work plan and timeline in preparing and submitting the requested deliverables. Price for Services-Vendor is to provide a pricing schedule to perform the requested services. Pricing should include a lump sum to provide the requested reports, an hourly rate schedule of personne! that will be utilized to perform the requested services, and a detail timeline that articulate the completion of the requested reports. Other-Please include any other information that you think would be helpful in allowing the 13 xxxEND_PAGE:treasury01_b27_4112_4389_053 City to make an informed decision in the selection process. 14 xxxEND_PAGE:treasury01_b27_4112_4389_054 City of Flint, Michigan Department of Purchases & Supplies Response to Invitation to Bid Water Quality Consultant Proposal No.: 15-573 January 29, 2015 The information contained on each page of this document which has been stamped with the legend "Company Confidential - Trade Secret and Proprietary Information — Veolia” is confidential and proprietary information which consttutes a trade secret of Veolla Water North America Operating Services, LLC (Veola) Veolia asserts a business confidentiality claim covering ail data and information contained on each page of this document beanng this legend The Informaton contained on the pagas in this documant marked with the confidentality statement shalt not be duplicated, used in whole or in part for any purpose other than to provide informaton and data to City for the purposes set forth herein Further, Veolta acknowledges that the documents identified in the Invitatons to Bid aa the contract documents are confidental information mtended for the sole use of the City, and that Contractor (Veolta) will not disclose any such informaton, or in any other way make such documents public, without the express written approval of the City or the order of the court of appropnate jurisdiction or as required by the laws of the State of Michigan @VeEOuA xxxEND_PAGE:treasury01_b27_4112_4389_055 @ VEOLIA January 29, 2015 Mr. Derrick F, Jones Purchasing Manager City of Flint Department of Purchases and Supplies 1101 S. Saginaw Street, Room 304, Third Floor Flint, Michigan 48502

aeetecnnnn Forwarded message ----------

Gentlemen: I'm forwarding the attached motion for temporary restraining order that was filed in federal court. Darnell Earley is a named defendant. I and writing to seek guidance on whether the Attorney General will be representing him. I do not have Darnell's new email address. I left a message on his cell phone this morning. I'm not sure if he's been served. xxxEND_PAGE:treasury01_b41_7622_7971_063 Peter M Bade Chef Legal Officer Cuty of Flint p 810 766 7146 f 810232 2114 xxxEND_PAGE:treasury01_b41_7622_7971_064 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANDERSON LEE FERNANDERS Plaintiff, Vv JEFF WRIGHT GENESEE COUNTY DRAIN COMMISSIONER, DARNELL EARLE FLINT'S STATE-APPOINTED EMERGENCY MANAGER. DAYNE WALLING MAYOR OF THE CITY OF FLINT, AND MR, AND MS/MRS JANE AND JOHN DOE/UNKNOWN (1 TO 1000) Defendents Jeff Wright Genesce County Drain Commissioner 4610 Beecher Road Flint MI 48532 810-732-7870 Darnell Earle Fiint’s State- Appointed Emergency Manager 1101 S. Saginaw St Flint, MI 48502 (810) 766-7418 Dayne Walling Mayor of the City of Flint 1101 South Saginaw Street # 101 Flint, Mi 48502 (810) 766-7346 Defendants / Case No 2 15-cv-10083 Hon Avern Cohn Mag. Steven R Whalen CITY ATTORA EY’ OFFICE $ cd L. ES ip p FAN TS 205 Hl) FLINT, Micrisan cat Anderson Lee Fernanders 3801 Marlowe Drive Flint. MJ 48504 (216) 272-3539 Plaintsff EGEIWE JAN 20 2015 EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE AND OTHER EQUITABLE RELIEF xxxEND_PAGE:treasury01_b41_7622_7971_065 NOW COMES the Plaintiff, in pro per, sui juris, being an indigent brings this matter before this honorable Court in the public interest to respectfully moves this Court to Grant his Ex Parte Motion for a Temporary Restraining Order with Asset Freeze and Other Equitable Relief pursuant to Rule 65 of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 65 and moves the court to issue a temporary restraining order without written or oral notice to the adverse party or its attorney pursuant to Fed. R. Civ. P 65 (b) under Racketeer Influenced and Corrupt Organizations Act (RICO), Uniform Commercial Code (UCC), Federal Safe Water Act, Michigan Safe Water Act, State of Michigan Constitution and these United States Federal Constitution for Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) ongoing violations of the causes for action set forth in Plaintiff's ex parte Complaint for the Teasons contained in his accompanying Memorandum. WHEREFORE, Anderson Lee Fernanders prays that this Honorable Court make him whole by granting recovery of and all other relief sought in his Ex Parte Motion for a Temporary Restraining Order with Asset Freeze and Other Equitable and other relief that this Court finds as may be just and proper in the premises. Re —-|S-]'S ‘Andefson Lee Fernanders xxxEND_PAGE:treasury01_b41_7622_7971_066 Memorandum in Support I. STATEMENT OF FACTS Plaintiff’ s Statement of Facts as written in his ex parte Complaint are hereby incorporated as if fully set forth herein as facts in this Memorandum in Support. Of. STANDARD OF REVIEW Plaintiff's motion is governed by Fed R. Civ. P. 65. The decision whether or not to grant a request for interim injunctive relief falls within the sound discretion of the district court. Friendship Materials, Inc. v, Michigan Brick, Inc., 679 F.2d 100, 102 (6th Cir. 1982). I. ARGUMENT INTRODUCTION Plaintiff moves the Court for a preliminary injunction and temporary restraining order pursuant to Fed. R. Civ. P. 65. Plaintiff makes this motion on the grounds that: 41. Plaintiff is likely to prevail on the merits of his claim; 2. Plaintiff will suffer irreparable harm if preliminary relief is not granted; 3. Third parties will not be harmed by the relief sought; and 4. The public interest will be served by granting the relief sought. Plaintiff requests that the Court issue a temporary restraining order and Preliminary Injunction relief sought specifically written in his ex parte Complaint; and Plaintiff moves the court to issue a temporary restraining order without written or oral notice to the adverse party or its attommey pursuant to Fed. R. Civ. P. 65 (b). Plaintiff makes this motion on the grounds that: xxxEND_PAGE:treasury01_b41_7622_7971_067 1. Plaintiff’s attached affidavit clearly shows that immediate and irreparable injury will result to the movant before the Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) can be heard in opposition. 2. Plaintiff's certifies in writing his efforts made to give notice Defendants and Mr. and Ms/Mrs Jane and John Doe/Unknown (1 to 1000). 3. Plaintiff's gives reasons why notice Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) should not be required. PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER In the present case, Plaintiff satisfy the standard for obtaining a temporary restraining order and a preliminary injunction because (1) Plaintiff has a strong likelihood of success on the merits; (2) the Plaintiff will be irreparably harmed if a temporary restraining order and preliminary injunction is not issued; (3) an injunction in favor of Plaintiff will not cause substantial harm to others; and (4) an injunction in favor of Plaintiff serves the public interest. Leary v. Daeschner, 228 F.3d 729, 736 (6 Cir. 2000); McPherson v. Michigan High Sch. Athletic Ass'n, 119 F.3d 453, 459 (6n Cir. 1997) (en banc) (quoting Sandison v. Michigan High Sch. Athletic Ass'n, 64 F.3d 1026, 1030 (6u Cir. 1993)); Frisch’s Restaurant Inc. v. Shoney’s Inc., 759 F.2d 1261, 1263 (6m Cir. 1985). “These factors are to be balanced against one another and should not be considered prerequisites to the grant of a preliminary injunction.” Leary, 228 F.3d at 737, (citing United Food & Commercial Workers Union, Local 1099 v. Southwest Ohio Req'l Transit Auth., 163 F.3d 341, 347 (6n Cir. 1998)) The equities weigh solidly in favor of granting preliminary relief to ensure that Plaintiff and all City of Flint residents and business along with their employees of ceasing buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion, xxxEND_PAGE:treasury01_b41_7622_7971_068 the city causes the Plaintiffs and all City of Flint residents and business along with their employees to suffer a spontaneous and acute gastrointestinal reaction and other physical injuries as contained in Plaintiffs Affidavit, as well as but not limited to suffering emotional pain, suffering, inconvenience, menta} anguish, loss of enjoyment of life, the clear and present treat of law suits on the City of Flint business and medical professionals, and other nonpecuniary losses suck results of Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) actions and lack of action illuminated in the statements of fact caused the type of harm that the Uniform Commercial Code (UCC), Federal Safe Water Act, and Michigan Safe Water Act were intended to prevent and furthermore, denies us our right to enjoyment as conferred in Michigan Constitution ARTICLE 18 Section 13 and right to domestic Tranquility as conferred in the Federal Constitution’s Preamble. The equities also weigh in favor of granting preliminary relief to Plaintiffs and all City of Flint residents and business along with their employees to ensure they do not continue to buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion for any longer, especially given the fact too much time has passed since Plaintiffs and all City of Flint residents and business along with their employees first unknowingly and unwittingly to drink, shower in, bathe in, and otherwise use domestic water supplied by the City of Flint which “exceeded the trihalomethanes (TTHM) MCL” and recently reported “that the location reporting the highest TTHM level was 99 ug/L.”! The public interest of Plaintiffs and all City of Flint residents and business along with their employees along with City of Flint business and medical professionals will not suffer harm if an tnjunction is issued: Plaintiffs and all City of Flint residents and business along with their employees along with City of Flint business and medical professionals suffer from having to buy, drink * Exhibit 4 xxxEND_PAGE:treasury01_b41_7622_7971_069 and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion. As reported throughout the news media for a time now a like and similarly to Ron Fonger’s January 11, 2015 article entitled “City to enlist water experts” in The Flint Journal, he writes quoting City Council President Josh Freeman “Perception is reality, and the perception of a large number of people in that the water is unsafe.” (p A7). The article speaks of indicated that City Councilmen Eric Mays and Kerry Nelson invited all of the City of Flint residents to a town hall meeting. (p A7). The harm to Plaintiff and all City of Flint residents and business along with their employees along with City of Flint business and medical professionals in the absence of injunctive relief outweighs the harm to the Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) if Plaintiffs Motion is granted: At the outset, when the Court balances the hardships of public interest against a private interest under a statutory injunction, the public interest receives the greater weight.” In such cases involving violation of law, harm to the public interest is presumed.> The injunctive relief request granted centers on the governance of water supplied by the City of Flint. The Defendants and Mr, and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) being removed from the governance of water supplied by the City of Flint does not render him or her unable to fulfill their other work duties unless any duty is connected to the governance of water supplied by the City of Flint whereby the Flint’s City Council will carry out in the manner detailed Plaintiff injunctive relief numbered 11 and 12. Given the task of the governance of water supplied by the City of Flint, the injunctive relief as written puts the Flint’s City Council in control of the monies and freezes on ? FIC v. Nat'l Testing Servs., LLC, No. 3:05-0613, 2005 WL 2000634, at *3 (M.D. Tenn. Aug. 18, 2005). 3 Nat'l Testing Servs., LLC, 2005 WL 2000634, at *3. xxxEND_PAGE:treasury01_b41_7622_7971_070 assets Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) connected with their governance of water supplied by the City of Flint to ensure and protect the Flint’s City Council ability to be successful at governance of the water supplied by the City of Flint. The foregoing antitrust cases establish that equitable relief to prevent and restrain future violations is not limited to relief prohibiting future conduct, but also broadly encompasses relief designed to cure the ill effects of violators’ past and/or ongoing misconduct and to deprive them of the fruits of their misconduct. For the reasons stated above, RICO’s equitable relief must be interpreted to be at least as broad as antitrust equitable relief. Moreover, it is important to bear in mind that the Supreme Court has admonished that “once the Government” has established a violation of law, “all doubts as to the remedy are to be resolved in its favor.” United States v. E. I. du Pont de Nemours & Co., 366 U.S. 316, 334 (1961). Accord United States v. Bausch & Lomb Optical Co., 321 U.S. 707, 726 (1944). Thus, federal courts have held that evidence of past violations may establish the requisite reasonable likelihood of future violations in view of the totality of the circumstances, particularly where the defendant’s past violations were: (1) “part of a pattern” and not isolated; (2) were “deliberate” and not “merely technical in nature”; and (3) “the defendant’s business will present opportunities to violate the law in the future.”* * SEC v. First City Financial Corp., Ltd., 890 F.2d 1215, 1228-29 (D.C. Cir. 1989). Accord SEC v. Bilzerian, 29 F.3d 689, 695 (D.C. Cir. 1994); SEC v. Gruenberg, 989 F.2d 977, 978 (8th Cir. 1993); CFTC v. Hunt, 591 F.2d 1211, 1220-21 (7th Cir. 1979); SEC v. Savoy Indus., Inc., 587 F.2d 1149, 1168 (D.C. Cir, 1978); SEC v. Commonwealth Chemical Securities Inc., 574 F.2d 90, 98-160 (2d Cir. 1978); SEC v. Management Dyn. Inc., 515 F.2d 801, 807-08 (2d Cir. 1975); SEC v. Advance Growth Capital Corp., 470 F.2d 40, 53 (7th Cir. 1972); SEC v.Manor Nursing Ctrs., Inc., 458 F.2d 1082, 1100-01 (2d Cir. 1972); Pullum v. Greene, 396 F.2d 281, 256-57 (Sth Cir. 1968); United States v. Philip Morris USA, Inc., 449 F. Supp. 2d at 909-10; United States v. Philip Morris USA, 316 F. Supp. 2d 6, 10 n. 3 (D.C. Cir. 2004) (collecting cases}; United States v. Phillp Morris, Inc., 116 F. Supp. 2d 131, 148-49 (D.D.C. 2000). 7 xxxEND_PAGE:treasury01_b41_7622_7971_071 Plaintiff elects to raise information and belief be heard in this matter that Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) in a scheme for City of Flint residents and business along with their employees as well as the medical profession to buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion, supplied by the City of Flint past violations of RICO, Uniform Commercial Code (UCC), Federal Safe Water Act, Michigan Safe Water Act, State of Michigan Constitution and these United States Federal Constitution this Court establish the requisite reasonable likelihood of future violations in view of the totality of the circumstances, since these violation started at Trihalomethanes (THMs) above 80 parts per billion and have continued to Trihalomethanes (THMs) levels reaching 99 parts per billion. Second, Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) knowingly, recklessly, wantonly, and/or negligently poisoned the Plaintiff and all City of Flint residents and employees by causing City of Flint residents and business along with their employees as well as the medical profession who unknowingly and unwittingly to buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion, failed to rectify this problem, which it could and should have resolved, attempted to cover up the problem by issuing inadequate and misleading information, did not warn Plaintiff and all City of Flint residents and employees by causing City of Flint residents and business along with their employees as well as the medical profession the true nature and extent of the danger to those exposed to the water supplied by the City of Flint. Finally, Defendants and Mr, and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) continued governance and or connection has continued the Scheme were Plaintiff and all City of Flint residents and employees by causing City of Flint residents and business along with their xxxEND_PAGE:treasury01_b41_7622_7971_072 employees as well as the medical profession who unknowingly and unwittingly to buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion 1962(d) It shall be unlawful for any person to conspire to violate any of the provisions of subsections (a), (b), or (c) of this section. A RICO conspiracy is composed of two agreements: (1) An agreement to commit at least two predicate acts which form the pattern of racketeering activity; and (2) An agreement to the conduct which violates subsection (a), (b) or (c} of ‘1962, @g. an agreement to conduct or participate in the affairs of an enterprise (sub- section(c)}.” * A RICO conspiracy generally involves two groups of people- the conspirators and the enterprise. ¢ Under agency law, a corporation cannot conspire with its officers or employees. e An overt act in furtherance of the conspiracy is required in civil cases, This requirement is distinct from the predicate act requirement, although the predicate act may satisfy the overt act requirement. Plaintiff elects to raise information and belief be heard in this matter that Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) in a scheme for City of Flint residents and business along with their employees as well as the medical profession to ceasing buy, drink and otherwise using water contaminated with Trihalomethanes (THMs) above 80 parts per billion, supplied by the City of Flint. Defendants and Mr, and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) this scheme to earn money derived from water continued being supplied by the City of Flint. See other predicate acts which were enacted during the conspiracy in the Plaintiff’ s ex parte Complaint. 5 US. v. Campione, 942 F.2d 429, 438 (7th Cir. 1991) xxxEND_PAGE:treasury01_b41_7622_7971_073 Plaintiff is likely to prevail the merit even if the some facts remain unclear or some merits cannot be determined without a full hearing: As alleged in Plaintiff's ex parte Complaint, Plaintiff contends that concerning all of the material elements to sustain a recovery as a Breach of duty to Statutory Standard of Care (Negligence per se}, Negligence, Breach Of Express Or Implied Contracts Or Even. Speculation Of Bad Faith And Unfair Dealing, Civil Conspiracy, Breach of Express and Implied Good Faith and Fiduciary, and Constitutional Tort action under Uniform Commercial Code (UCC), Federal Safe Water Act, Michigan Safe Water Act, State of Michigan Constitution and these United States Federal Constitution which put the Defendants on notice of her claims and the grounds on which they rest. Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) will not suffer irreparable injury from the preliminary injunction: Properly stated, the definition of irreparable harm is whether there is or will be a “wrong which cannot be adequately redressed by relief on the merits." N.Y. Pathological and X- Ray Laboratories, Inc., v. Immigration and Naturalization Service, 523 F. 2d 79, 81 (2d Cir. 1975), Plaintiff’ s Injunctive relief in on forcible manner restrains Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) from any other method other than through their governance of the water supplied by the City of Flint for obtaining adequate compensation for their inability to their governance of the water supplied by the City of Flint, Plaintiffs and all City of Flint residents and business along with their employees along with City of Flint business and medical professionals acute and long term exposure to Trihalomethanes (THMs) develop but not limited to certain cancers, such as bladder and colon 10 xxxEND_PAGE:treasury01_b41_7622_7971_074 cancer, reproductive issues such as miscarriages, birth defects and low birth rates, damage to the heart, lungs, kidney, liver and central nervous system in the absence of an injunction will cause a noncompensable injury for which there is no legal measurement of damages or for which damages cannot be determined with a sufficient degree of certainty: “"Trihalomethane (THM) contamination was found in the municipal water supply during the 1990s. City officials have been accused of not telling the truth about the levels of THM in the Chesapeake area. Hiding test information on THM levels, failure to provide adequate warning of the high levels of THM in the water, and failure to let the public know about the THM and possible miscarriages, still births and birth defects. Some studies link THMs (Bromodichloromethane [BDCM)]), to possible stillbirths, miscarriages and birth defects, and bladder and rectal cancers,” (Exhibit 3, p 3). In 2007, Taiwanese researchers found people who drank water with trihalomethane concentrations of more than 21 parts per billion had twice the odds of dying from bladder cancer than those who did not. (Exhibit 2, 2). Exhibit one, explain “[t] ypically, the following four THMs are found as a result of chlorination: trichloromethane (chloroform), bromodichloromethane (BDCM), dibromochloromethane (DBCM), tribromomethane (bromoform).” Further that, “[cJhloroform may be absorbed into the body through ingestion, inhalation, and through the skin. The largest source of human exposure to THMs in the U.S. is from the consumption of chlorinated drinking water. Besides consuming water, other water uses in the home may contribute significantly to total chloroform exposure both from breathing in chloroform vaporized into the air and from it passing through the skin during bathing. Swimming in chlorinated pools will also contribute to the total exposure from the same exposure paths. One study observed that a 11 xxxEND_PAGE:treasury01_b41_7622_7971_075 greater percentage of chloroform passed through the skin when bathing water temperatures were increased.” (p 1). TEMPORARY RESTRAINING ORDER WITHOUT WRITTEN OR ORAL NOTICE In the present case, Plaintiff's attached affidavit clearly shows that immediate and irreparable injury will result to the movant before the Defendants and Mr, and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) can be heard in opposition, such as in Exhibit one on page 2: Short-Term (Acute) Effects Evidence of chloroform's acute effects on humans has been obtained primarily during its past use as an inhalation anesthetic. In addition to central nervous system effects, chloroform anesthesia was associated with cardiac arrhythmias and abnormalities of the liver and kidneys. Inhalation exposure experiments with animals revealed that high levels are toxic to the liver and secondarily to the kidneys. Skin contact with undiluted chloroform may cause a burning sensation, redness, and blistering. Acute effects of exposure to the other THMs are not documented in the literature, but are expected to be similar to chloroform. Long-Term (Chronic) Effects Chronic oral exposure of humans to chloroform at high doses results in adverse effects on the central nervous system, liver, kidneys and heart. Animal studies have shown decreased body weights in rats and mice given chloroform at high oral doses and an increased incidence of respiratory disease at higher doses. At still higher doses given orally, liver abnormalities and decreased size of the reproductive organs were observed in rats. In animal studies investigating effects of chronic exposure to each of the other THMS, liver toxicity was observed. BDCM also caused kidney toxicity. xxxEND_PAGE:treasury01_b41_7622_7971_076 Carcinogenic (cancer-causing) Effects Chloroform has been demonstrated by several studies to produce kidney and liver tumors in rats and mice when given orally. In studies of human populations using chlorinated drinking water in which chloroform is the predominant THM, small increases in the incidence of rectal, colon and bladder cancer have been consistently observed, with evidence strongest for bladder cancer. However, because other possible carcinogens were found in this water, it is impossible to identify chloroform as the sole carcinogenic agent. Therefore, chloroform has been classified by the U.S. Environmental Protection Agency (EPA) as a Group B2 or "probable human carcinogen," based on sufficient animal evidence and inadequate human evidence of carcinogenicity. Evidence from animal studies now strongly indicates that chloroform exposure causes cancer only after first producing sustained cell toxicity. Because a certain threshold level of exposure is necessary to cause cell toxicity, cancer from chloroform exposure can only occur if that threshold is exceeded. Based on the results of animal studies in which BDCM exposure increased tumors of the large intestine, kidney, and liver, and bromoform increased tumors of the large intestine, they are also classified in Group B2. DBCM is classified in Group C, "possible human carcinogen," based on limited animal evidence of an increase in liver tumors. Effects Reports in the scientific literature in which chloroform was administered to animals indicate that chloroform has the potential to cause birth defects, miscarriages, and delays in fetal development. Results have generally been inconclusive regarding exposure to THMs and adverse developmental or reproductive effects in humans. However, the results of a recent study suggest an increased risk of early-term miscarriage from high xxxEND_PAGE:treasury01_b41_7622_7971_077 levels of THMs in tap water, particularly BDCM. Additional studies are underway to determine the significance of the association found in this study. Plaintiff's Proof of Service evidences his efforts to give notice Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000). Plaintiff's Affidavit along with the above arguments combined with Statement of Facts gives reasons why this Court should issue a temporary restraining order without written ar oral notice to Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000). BOND Plaintiff, in pro per, sui juris, being an indigent brought this matter before this honorable Court in the public interest to respectfully move this Court to Grant his Ex Parte Motion for a Temporary Restraining Order with Asset Freeze and Other Equitable Relief pursuant to Rule 65 of the Fed. R. Civ. P. 65 under Uniform Commercial Code (UCC), Federal Safe Water Act, and Michigan Safe Water Act. The bond requirement's of Fed. R. Civ. P. 65 (c) serves two functions - deterrence of frivolous claims and compensation of the Defendants and Mr. and Ms/Mrs. Jane and John Doe/Unknown (1 to 1000) - are often cited by commentators as compelling reasons for courts ordinarily to require security from injunction applicants. The requirement assumes that applicants will not be willing to lose money over cases in which they have no valid interest, or in which the factual or legal arguments are less than compelling. This assumption, however, is based on a further assumption: that the applicant can afford to post a bond. Only where the applicant can afford to post a bond does its failure to provide security reflect its lack of good faith or the lack of meritoriousness of its petition. The typical public interest plaintiff's failure to post a bond says nothing about its good faith or confidence of success, or the strength of its claim 14 xxxEND_PAGE:treasury01_b41_7622_7971_078 for relief. For in the public interest context, the bond operates not as a screening device, eliminating some claims, but as a financial bar, blocking all claims. This argument was made by the Supreme Court with respect to double appeal bonds required by Oregon's wrongful detainer statute. Although the federal courts interpreted Rule 65(c) as a mandatory provision for the first forty years of its history, about half of the circuits now consider it a discretionary provision, reasoning that the phrase "such sum as the court deems proper" literally allows the trial judge to dispense with the bond.’ Recognizing that bond requirements can bar public interest litigants! access to court, the federal courts have fairly consistently decided not to require bonds in cases brought by indigents* and those brought in public interest. Denny v. Health and Social Services Board, ? Bass v. Richardson,’° Bartels v. Biernat"”, and Crowley v. Local No. 82 Furniture and Piano Movers"? establish the general principle that the federal courts have been unwilling to condition preliminary relief upon the applicant's financial resources, at least when the applicant is a poor individual. In Denny, two inferences can be drawn from the court's waiver of the security requirements. First, since the court did not rely on constitutional authority to waive the security requirement, it must have relied on its equity powers. Second, while it did not expressly state its § Lindsey v. Normet, 405 U.S. 56, 78 (1972). See also Henson & Gray, supra note 33, at 565-69. 7 This rationale was first articulated by the Sixth Circuit in Urbain v. Knapp Bros. Mfg. Co., 217 F.2d 810 (6th Cir. 1954), cert. denied, 349 U.S. 930 (1955), ® see, e.g., Denny v. Health and Social Servs. Bd., 285 F. Supp. 526, 527 {E.D. Wis, 1968}; Bass v, Richardson, 338 F. Supp. 478 (S.D.N. ¥. 1971); Bartels v. Blernat, 405 F. Supp. 1012 (E.D. Wis. 1975}; Wayne Chern., inc. v. Columbus Agency Service Corp., 567 F.2d 692 (1977); Marsh v. Moore, 325 F. Supp. 392 (D. Mass. 1971). For an early article O11 the indigent exception, see generally Blood, Injunction Bonds: Equal Protection for the Indigent, 11S. TEX. LJ. 16 (1969). ° 285 F. Supp. 526 (E.D. Wis. 1968). 1” 398 F, Supp. 478 (S.D.N. Y. 1971). ™ 405 F. Supp. 1012 (E.D. Wis. 1975). * 697 F.2d 978 (1st Cir. 2982). xxxEND_PAGE:treasury01_b41_7622_7971_079 rationale for granting the waiver, its decision would appear to be based on the theory that it would be unjust to an individual to block adjudication for want of money, or on the theory that the legal system itself has an interest in having justiciable issues adjudicated in the judicial forum (rather than the streets), or both. Faced with blocking the indigent plaintiffs’ access to court by requiring a bond they could not provide, the court waived the security requirement in a clear demonstration of its reluctance to condition judicial access upon the parties’ financial resources. Bass v. Richardson, decided in 1971, reiterated the Denny court's holding that bond should not be required of indigents. Like Denny, the Bass decision was based on the idea that it was unjust to require bonds of individuals when such a requirement blocked judicial access. The principle that bond requirements should be waived where necessary to affect a congressionally- intended private enforcement scheme adds the further equitable theory that the legal system has a positive interest in citizen enforcement, and that courts sitting in equity should waive bond requirements to encourage citizen suits. As then-Circuit Judge Burger stated in Church of Christ, in the context of listener intervention in agency proceedings: The theory that the Commission can always effectively represent the listener interests in a renewal proceeding without the aid and participation of legitimate listener representatives fulfilling the role of private attorneys general is one of those assumptions we collectively try to work with so long as they are reasonably adequate. When it becomes clear, as it does to us now, that it is no longer a valid assumption which stands up under the realities of actual experience, neither we nor the Commission can continue to rely on it. The Bass court's approach was extended in 1975, by the court in Bartels v. Biernat, it stated: "because the Court determined that the action concerns important social considerations, 16 xxxEND_PAGE:treasury01_b41_7622_7971_080 the Court would exercise [its] discretion to issue preliminary injunctive relief ... without security." 13 Bartels seems to contemplate, therefore, an equitable private attorney general exemption triggered by the court's equitable determination that the public interest impact of the litigation requires a waiver of Rule 65(c). The shift in judicial focus from Denny to Bartels from the applicant's identity as an indigent, to whether cases involve significant social considerations. In 1982, First Circuit decided in, Crowley v. Local No. 82 Furniture and Piano Movers" created the first and the only bond exemption test developed by a federal court. First, the court in Crowley viewed the plaintiff access problem posed by Rule 65(c) as a recurring one that required a general test. Unlike the NEPA courts, the Crowley court fashioned a bond exemption test applicable to all public interest cases. Second, as discussed in the following section, the test in Crowley was a fundamentally "equitable" test whose triggering event was the noncommercial, public interest status of the plaintiff. On appeal, the First Circuit It divided bond cases into two types. The first type involved commercial cases where an unsecured injunction exposed the defendant to a risk of monetary IOS." In these cases, the courts required bonds.'® The second type of case involved “important federal rights or ‘public interests brought, often by indigents, under remedial social legislation. ” in these cases, the courts waived or nominalized bond requirements.’* After dividing the federal case law into "commercial" and "public interest" types, the court constructed its exemptions test. In making bond exemptions available to public interest * 405 F, Supp. 1019 (E.D. Wis. 1975). “4 697 F.2d 978 (1st Cir. 1982). 5 697 F.2d 1000 (1st Cir. 1982). 6 697 F.2d 1000 (1st Cir. 1982), 697 F.2d 1000 (ist Cir. 1982), * 697 F.2d 1000 (1st Cir. 1982}, 7 xxxEND_PAGE:treasury01_b41_7622_7971_081 litigants, the Crowley decision ensures that federal public interest litigation will not be barred by the applicants' limited financial resources. IV. CONCLUSION The harm suffered by Plaintiffs and all City of Flint residents and business along with their employees may not be remedied by any but the most immediate and comprehensive action by this Court. Each day that Plaintiffs and all City of Flint residents and business along with their employees along with City of Flint business and medical professionals are forced to go without domestic water supplied by the City of Flint which does not exceeded the trihalomethanes (TTHM) MCL” neglectfully impacts our well-being and that of our families continues prolonged duress. Therefore, an order protecting Plaintiffs and all City of Flint residents and business along with their employees, as well as, along with City of Flint business and medical professionals

FYL..I was not aware that the Mayor was sending this. He had been very engaged in our work to address the water quality issues, including participation in public forums addressing the issue. However, it did not include a plan to request to formally request state assistance, nor did it include a plan for water amnesty. ween Forwarded message ----------

Wayne, Ed, and Randy, The attached document will be presented to City Council tomorrow night. We will also be briefing the media. You will see that the current state of the retiree healthcare lawsuit is having a very significant impact on city finances. Jerry xxxEND_PAGE:treasury01_b12_1388_1712_295 CITY OF FLINT, MICHIGAN Setting a Sustainable Course for the City of Flint Five Year Financial Projections 2015-2019 Proposed Budgets for FY15 and FY16 Future Projections for FY17, FY18 and FY19 Darnell Earley, ICMA-CM, MPA Emergency Manager Prepared by Department of Finance Gerald Ambrose, Finance Director Antonio Brown, Deputy Finance Director xxxEND_PAGE:treasury01_b12_1388_1712_296 CITY OF FLINT OFFICE OF THE EMERGENCY MANAGER Darnell Earley, (CM4-CM, MPA Emergency Manager TO: Dayne Walling, Mayor, Scott Kincaid, President ” Flint City Council pe FROM: Darnell Earley, ICMA-CM, MPA Emergency Manager Z RE: Proposed Budget for Fiscal Years 2014/15, 2015/16 DATE: April 30, 2014 Transmitted herewith is the proposed biennial budget for the City of Flint. This budget covers the 2014/15 and 2015/16 fiscal years which begin July 1, 2014 and July 2015, respectively. As you may know, Public Act 436 discusses adoption and implementation of a 2-year budget before appointment of a transition advisory board. See MCL 141.1561 The budget as proposed represents a balanced, responsible and sustainable spending plan for the two fiscal years. Because it is expected that sometime within the implementation of this budget the City of Flint will transition to local control as provided in Public Act 436, your input and engagement in this process is requested. The Finance and Administration Committee will begin its review of the budget and staff will be available to discuss the recommendations, speak to the utilization of resources, and assist the committee in its understanding of the proposals as presented. Tlook forward to the dialogue on the proposed spending plan. Please keep in mind that in order for your input to be productive, it must take into account the significant financial challenges confronting the City. Public Act 436 requires the adoption of a balanced budget. Please call me should you have any questions regarding the process, timelines, etc. City of Flint ° 1101 S. Saginaw Street ¢ Flint. Michigan 48502 www.cityofilint.com ¢ (810) 766-7346 ° Fax: (810) 766-7218 xxxEND_PAGE:treasury01_b12_1388_1712_297 10. 11. Contents City of Flint 5-Year Financial Plan Preface Background Overview Highlights goop City Council Adopted Vision and Mission Goals City Council Approved Budget Priorities Organization Chart FY15 and FY16 Budgets and 3-Year Forecast FY15 and FY16 General Fund Budget City of Flint Staffing Projection Projected 5-Year Facilities Improvements Deficit Elimination/Reserve Accumulation Projections Five Year Outlook — Pension and Retiree Healthcare Costs Projected Taxpayer Impact xxxEND_PAGE:treasury01_b12_1388_1712_298 City of Flint 5-Year Financial Plan Preface This proposed budget for the City of Flint covers the FY15 and FY16 fiscal years which begin July 1, 2014 and July 1, 2015 respectively, Financia! projections for the following 3 fiscal years are Included as well. This budget has been developed within the context of the City’s recently adopted Master Plan, the Vision, Missian, and Goals for the City government as adopted by the City Council, and the Budget Priorities as adopted by the City Council. Accompanying this budget is a preliminary statement of objectives initially proposed to be accomplished during the two years. As the budget is finally adopted, the objectives will also be finalized. Taken together, the budget and strategic plan will serve as a template to move the City government forward to become a well-managed, financially stable, and accountable organization focused on creating a vibrant and growing community which will attract and retain residents, businesses, students, and visitors and improve our quality of life. However, this budget demonstrates the continuing financial challenges facing the City of Flint. Stagnant revenue growth in property tax and income tax revenues, coupled with significant increases in legacy costs, retiree health care in particular, create a significant gap between revenues and expenses which require increases in other revenues and decreases in City staffing and services including the possibility of adjustments in public safety services. Unfortunately, the financial forecast for the next several years beyond FY16 show a continuing gap between projected revenues and expenses. Within the next few years, without significant means to identify and collect additional revenues, or to further reduce the cost base, the City of Flint will be extremely challenged to provide even the most basic of City services, Over the next several weeks, this proposed budget will be reviewed by the City Council, which will also hold a public hearing to receive citizen Input. The Mayor and Council wil! subsequently provide comments and recommendations pertaining to the budget to the Emergency Manager, and the budget and strategic plan will be adopted in early June, xxxEND_PAGE:treasury01_b12_1388_1712_299 Ba und The City of Flint has been in state receivership since December, 2011, as a result of consistent deficits in the General Fund, a decline in pooled cash, unrealistic budgeting, and unfunded liabilities for postemployment benefits. Significant progress has been made in addressing these financial issues, as the $19.1 million deficit at the end of FY12 had been reduced to $12.9 million at the end of FY13, cash position had improved, and the FY14 budget was realistically balanced, with further reduction of the deficit anticipated. The FY14 budget was designed and implemented with the same goals In mind — operating within the constraints of available revenues; restructuring operations and cost factors to enhance future financial stability, and continuing to reduce the remaining $12.9 million deficit. The FY14 budget was constructed with the specific intent of further reducing the deficit by a minimum of $1 million, by budgeting expenses at $1 million less than projected revenues. As of January 31, 2014, seven months inta the FY14 year, revenues and expenses are on target. In order to regain and maintain financial solvency, it is not only necessary to eliminate the remaining accumulated deficit but to have an adequate amount of reserves to protect the City in the event of unexpected financial losses. Planning to accomplish this requires a continual dedication of revenues over the next several years to eliminate the remaining deficit and establish an adequate reserve level. A draft deficit elimination plan to accomplish this is currently under review by the Michigan Department of Treasury. Making progress to date has required hard decisions and sacrifices for all. The FY13 and FY14 budgets were balanced through a mixture of significant revenue increases, significant expenditure decreases, and steps taken to reduce legacy costs. Revenue increase included a 25 percent increase in water and sewer rates, passage of a 6 mill property tax increase for police and fire, establishment of a special assessment district for street lighting, and implementation of a fee sufficient to cover the cost of waste collection. Expenditure reductions included elimination of 20 percent of the City’s workforce, compensation decreases equivalent to a 20 percent wage reduction for remaining employees, and the restructuring of heaith and retirement benefits for current employees and retirees necessary to develop a credibly balanced spending plan. The actions taken to-date to restructure healthcare benefits for current employees and retirees have also had a significant impact on reducing both current costs and long-term liabilities. The 20% reduction in the workforce required significant reorganizational activities focused on reducing current costs. Long term liabilities were reduced by eliminating traditional defined benefit pension programs for new employees in favor of hybrid plans; by moving the City’s retirement system into the a state wide retirement system; by restructuring health insurance benefits for current employees and placing retirees Into those same plans; and by eliminating the promise of retiree health care for new employees in favor of providing retiree medical savings accounts. Much of the positive financial result in FY13 carne from these actions. The restructuring, which was implemented during the course of FY12, reduced the City’s OPEB liabilities alone from nearly $900 million to less than $325 million as noted in the FY13 audit. The efforts of the City to regain financial solvency have been aided by support from numerous Federal, State and private partners. State police troopers have been placed in the City to support local law enforcement efforts, and funds have been allocated to enhance prosecution activities and to operate the City’s lack up. The Governor's proposed budget continues this support. xxxEND_PAGE:treasury01_b12_1388_1712_300 The steps taken to begin to restore the City to financlal solvency have not been without conflict and changing circumstances. A significant legal challenge has been made to the decision to move retirees