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ATTACHMENT # 1 AGREEMENT TO PROVIDE TEMPORARY WATER SUPPLY By and Between DERWA and the CITY OF PLEASANTON This Agreement is entered into this day of , 2016, by and between the DSRSD-EBMUD Recycled Water Authority, a joint powers authority organized and existing under Government Code sec 6500 et seq (hereinafter"DERWA") and the City of Pleasanton, a California municipal corporation (hereinafter"Pleasanton" or"City"), for the purpose of defining the terms and conditions under which Pleasanton will provide DERWA temporary potable water to augment the recycled water supply during construction of the DERWA Recycled Water Treatment Facilities Phase 2 Project (Phase 2 Project) DERWA and Pleasanton are individually referred to as "Party" and collectively as "Parties" RECITALS WHEREAS, DERWA and Pleasanton entered into an Agreement to Provide Recycled Water Treatment and Delivery Services ("Agreement") dated January 7, 2014 that was amended on November 17, 2015, and WHEREAS, the Parties entered into the Agreement due to the mutual desire to maximize the use of recycled water for landscaping irrigation to preserve potable water supplies, and WHEREAS, construction of the Phase 2 Project will benefit and provide additional recycled water treatment capacity to City of Pleasanton and DERWA,land WHEREAS, the Phase 2 Project construction is currently anticipated to occur from December 2016 to February 2018, but the schedule will be updated as the construction progresses, and WHEREAS, the Phase 2 Project construction has been scheduled to minimize recycled water service disruptions and the need for a temporary water supply, and WHEREAS, the Parties recognize that due to construction of the Phase 2 Project, there may be temporary interruptions that may cause DERWA to be unable to supply adequate recycled water to meet customer demands for short periods of time, and WHEREAS, interruptions exceeding 24 hours may cause significant harm to public amenities such as parks or school yards and to private landscaping, and WHEREAS, the recycled water supply source is wastewater treated to secondary treatment standards, and WHEREAS, augmenting the recycled water supply with potable water as needed on a temporary basis during Phase 2 Project construction will minimize supply outages to recycled water customers, and WHEREAS, current potable service connections from DSRSD to the DERWA recycled water distribution system provide limited operational flexibility, grid 1