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06
City of Pleasanton
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CITY CLERK
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2018
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020618
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06
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1/31/2018 5:17:24 PM
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1/31/2018 1:43:05 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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ATTACHMENT 1 <br />AGREEMENT FOR THE ALLOCATION OF STATE AND FEDERAL <br />FUNDING BY AND AMONG THE DSRSD-EBMUD RECYCLED <br />WATER AUTHORITY; THE DUBLIN SAN RAMON SERVICES <br />DISTRICT; THE EAST BAY MUNICIPAL UTILITY DISTRICT; <br />AND THE CITY OF PLEASANTON <br />Amendment No. 1 to the Agreement for the Sale of Recycled Water by the DSRSD-EBMUD <br />Recycled Water Authority to the Dublin San Ramon Services District and the East Bay Municipal <br />Utility District, (hereinafter referred to as the "Water Sales Agreement"), which Amendment is <br />dated March 6, 2017, by and among the Dublin San Ramon Services District, a community services <br />district (hereinafter referred to as "DSRSD"), the East Bay Municipal Utility District, a municipal <br />utility district (hereinafter referred to as "EBMUD"), and the DSRSD-EBMUD Recycled Water <br />Authority, a joint powers authority (hereinafter referred to as "DERWA") comprised of DSRSD <br />and EBMUD, provides for the parties to "communicate, cooperate, and coordinate" the acquisition <br />of grant funding and that any grant funds received for certain specified purposes shall be allocated <br />amongst the parties by mutual agreement. The City of Pleasanton (hereinafter referred to as <br />"Pleasanton") receives recycled water from DERWA pursuant to its January 7, 2014 agreement <br />with DERWA, the Agreement to Provide Recycled Water Treatment and Delivery Services, which <br />among other things provides for Pleasanton's financial participation in expanding DERWA <br />treatment capacity. DERWA, DSRSD, EBMUD, and Pleasanton (the "Parties") now wish to enter <br />into this Agreement for the Allocation of State and Federal Grant Funding (the "Allocation <br />Agreement") and do mutually promise and agree as follows: <br />RECITALS: <br />WHEREAS, DERWA has planned, designed and is currently constructing the Recycled Water <br />Treatment Plant Expansion Project (the "Project"); and <br />WHEREAS, it is the Parties mutual desire and intent pursuant to Section J.4, of Article V of the <br />Water Sales Agreement, as previously amended, and as consistent with Pleasanton's commitments <br />pursuant to its agreement with DERWA, to provide for the preparation and submittal of certain <br />state and federal grant and loan fund applications for the Project that are specified in this Allocation <br />Agreement, and to provide for the allocation and administration of any grant funds received as a <br />result of submitting such applications; and <br />WHEREAS, the funding sources subject to this Allocation Agreement are United States Bureau <br />of Reclamation (USBR) Title XVI program established under Title XVI of Public Law 102-575, <br />as amended (Title XVI) and water recycling projects under Water Infrastructure Improvements for <br />the Nation (WIIN) Act of 2016 (the "federal funding"), and the State Water Resources Control <br />Board Clean Water State Revolving Fund and Green Project Reserve (the "state funding"); and <br />Page 1 of 5 <br />
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