Correspondence between

Anthony, Attached for your records please find a fully executed water contract between the City of Detroit and the City of Flint. Please congratulate your team for the hard work and coordination in getting this accomplished so quickly. Sincerely, Laurie A. Koester Associate General Counsel Detroit Water and Sewerage Department 735 Randolph, Room 701 Detroit, Michigan 48226 Office: (313) 964-9620 Cell: (313) 999-3177 xxxEND_PAGE:deq20_b10_223_431_059 WATER SERVICE CONTRACT BETWEEN ‘CY OF DETROIT CEPY OF FLINT xxxEND_PAGE:deq20_b10_223_431_060 TABLE. OF CONTENTS ‘Article Iy-Definidons ‘Article'3: Barly Tetuiination Costs’ Tanely Payment. Article 17:Water Ouality Exhibit Ar Customer's Water Distribution Points Exhibit Bs Projected Annual Volume, Minimum Annual Volume, Pressure Range,. ‘Maxinuum Flow Rate, Plow Split Assumptions, and Addresses for Notice. ‘Exhibit(C: Metering Agreement 24 28 xxxEND_PAGE:deq20_b10_223_431_061 en y OF Detroit, a muricipal Commissioners:{the: tier: and. Sewerage Department City of Flin & semana ail ¥ Whereis, acpi amend 2 unis a public water supply system (“System”) operated by the Boatd: and _Aptisle 1, TOY The-follswing. words and: astollows: ressions, Or pronouns used in theirstesd, shall’ “Annual Volume” shall mean the actual volume of water used by Customer for the period, of daly 1* te June 30° ag teased dit bills issudd from Angas t* eh Je “Board” shall mean the Cigyof Detroit Board of Water Commissioners, xxxEND_PAGE:deq20_b10_223_431_062 City” shall inean the Ciy- of Detroit, ‘a-municipal- corporation, acting through is Board. of ‘Waler Commissioners: “Canthict’'s : “Contract Tem” shail have the meaning ascribed in Article 9 herein. of ie Co shall meanthe Emily that enters: i aconizaot tit the City: ofp Detroit by way Maximnm Day Demand, shall bé a component of its Maxiny Flow Rate: “DWSD? shall meat the City of Denoit Water and Sewerage Deparinisnt Schedule shall oom ‘het dine period of 1500 PM. to $00: AM ‘EST,, “Barly Tennination Costs" shall have the meaning asoribed in Article 3 -herein, “Pilling Schedule” shall have the meaning ascribed in Article 22 herein, xxxEND_PAGE:deq20_b10_223_431_063 ‘“(ininuni Amal Volume” shall mean fifty percent of Castimer’s Projected Annual, Sencar : Article Be xxxEND_PAGE:deq20_b10_223_431_064 Artiele 3. Early Termination Costs. : pay , 1 Barly "Termi ation Costs by: ‘Castomer shall not. “entific Customer {01 receive ‘aes servios fromthe Board, 4.02 3.04 Formation of Water Authorit ; ity, city, township, ito form & water xxxEND_PAGE:deq20_b10_223_431_065 4.03 4.04. 4.05 4.06 5.0F q xxxEND_PAGE:deq20_b10_223_431_066 Ee ¢ ao iistreant- Of and stibject’ to he Tow. detnanis ae a-water meter for another Board cusipnyer. $02 $03 shat review any alleged breach of tis ‘Sedtion kL Th ale Work “Gfoup shal aieet: ones, ata simak: on al rbetore xxxEND_PAGE:deq20_b10_223_431_067 “and may. thereafier schedule subsequent meetings asmecessary to-conciuds dis review, 1@ Hoan will seek arecommendation drora the Analytical: Work Group on on wease-byscnie basis, Th Board ‘may: require. that Customer swke- call reasonable Steps a reduce ite o egal ted, wt Rate iw the. The Board shall.es set forth below, establish an Allocation Flow Rate to. replace the vontractial. Maxiniuit Plow Rate inthe rate valeulation prdcess:. The-Adlocation Mow Rate shall be: ‘applied from no earlier than the fist ‘exceedance date forward. ‘The Allocation Flow Rate will ‘be: at. least equal to the flow rate denionstrated. by Customer on tie DWSD Maxiniim Day, and may: te : demonstrated’ by Customer. ‘6 i seeiven a recommendation on the equalto | ‘the: flow: ht deniuerind oy Ciistotticr onthe DWSD ‘Maienien 9 xxxEND_PAGE:deq20_b10_223_431_068 ‘Day-and ste higher thas the recomimeidation provided by the Analytical Work Gronp. Hehe econnas ridatiog on the Allocation Flow year’s tate mili seks piocets oatil the’ ame Flow ‘Rate is xenogotiated. develops motual’ é { % plan : year in. owitelv the: non-compliance ovourted, ‘ras atherwige: abpreed. Me the: event the: reason, for: ‘Custtoser'ss poe anne under Section 3.03 is due specified yume. is.dess than the ‘Minimeurn Annual Volume, Customer shall pay tothe Board an. amount 30 xxxEND_PAGE:deq20_b10_223_431_069 somite by: feo ts the Surrent Tate te: the ‘Minimum Annual Volume less any aniounis 5.07 The. Board fot anaes ‘ar monitor ee id aid. the Board's Preseure xxxEND_PAGE:deq20_b10_223_431_070 ties determine that® ‘a gorctive action plan. is Bot at required ands subseatent. akon ato: considera! on in ted and 2 the extedit to which, 601 Establishment: The T tnical Advisory Committee’ i ie formed to: facilitate a Roopereltive olka pion ieon- iis whol a Pe! r : necessary: torasconiplish the general iésponaibilities defined i in this Section 6.02, 603 Annual | t by Boar Advisory “Commitice whic Ae. the Parties“ obligations. contained in Articles hevein, including Custonier and Board responses ‘The: Board will prose xxxEND_PAGE:deq20_b10_223_431_071 service provides, 607 Work. Groups, The: Techical Advisory: Committee may omate: work: ‘groupe te » address xxxEND_PAGE:deq20_b10_223_431_072 Hoard’s determination of a method shall be conclusive and the Custéner agrees tO accept the estimate established by the Board, ereto shail be ee wided to. Customer via car ing ie the DWSD website. Article B Motes andl Meter Facitities aol operate: nd. stalntedn. all ‘water. nibs ‘and Meter Paci slides for afl cetisting | Waiter Distribution Poirite, unless specifically tadicdted otherwiss ii Rakibit A. 14 xxxEND_PAGE:deq20_b10_223_431_073 8.06: peek ae ae og = " : : ¥ CE Oe

Good afternoon- Attached please find correspondence from Mr. Schenk. Thank you. Wendy J. Mullins OTTENWESS, TAWEEL & SCHENK, PLC The Buhl Building 535 Griswold Street, Suite 850 Detroit, MI 48226 (313) 965-2121, ext. 219 (313) 965-7680- Fax This electronic message and all contents contain information from the law firm of Ottenwess, Taweel & Schenk, PLC which may be privileged, confidential or otherwise protected from disclosure. The information is intended to be for the addressee only. If you are not the addressee, any disclosure, copy, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify us immediately and destroy the original message and all copies. xxxEND_PAGE:treasury01_b20_2634_2931_119 OTTENWESS, TAWEEL & SCHENK, PLC ATTORNEYS ATLAW The Buhl Building David M. Ottenwess 535 Griswold, Suite 850 A. Tony Taweel Detroit, MI 48226 Matthew A. Schenk Matthew A. Schenk - (313) 965-2121 Stephanic P, Ottenwess Direct Dial (313) 965-2121 ext, 214 (313) 965-7680 John R. Monnich E-Mail: [email protected] www.ottenwesslaw.com Joseph A. Campbell May 2, 2014 Mr. Darnell Earley, ICMA-MC, MPA Emergency Manager City of Flint 1101 S. Saginaw Street Flint, MI 48502 RE: Your letter of April 29, 2014 to Mr. Kevyn Orr Mr. Earley, lam In receipt of your letter of April 29, 2014 addressed to Detroit’s Emergency Manager, Mr. Kevyn Orr, In that letter, you Indicated that Flint stopped using DWSD water as of that date and that “City officials have closed multiple valves within our infrastructure so that our system Is now completely isolated from DWSD infrastructure.” | am writing this letter to confirm the information discussed In a conference call with Deputy City Attorney, Mr. Anthony Chubb, and representatives of the Genesee County Drain Commissioner's Office on May 1, 2014. During that call, as we reviewed flow data from the DWSD FL-01 meter, It was acknowledged that Flint continued to use DWSD water through April 30, 2014. As a result, DWSD will bill the City of Flint for water usage through the end of April as opposed to the earller date indicated within your letter. Since that time, DWSD has worked with the Genesee County Drain Commissioner's Office to confirm the closure of valves associated with Flint’s usage of DWSD water. Should you have any questions regarding this matter, please do not hesitate to contact me. Very Truly Yours, Ottenwess, Taweel & Schenk, P| Matthew Schenk