DUBLIN SAN RAMON SERVICES WASTEWATER DISPOSAL (13-1172C)

® / -///7,2? FIFTH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR WASTEWATER DISPOSAL SERVICES // This Agreement made and entered into this _ 5 '11/day of A/0/4.-fN�9 2013, by and between the CITY OF PLEASANTON, a municipal corporation (City) and the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency of the State of California (District or DSRSD); collectively the "Parties"; WITNESSETH: WHEREAS, the Parties entered into that certain Agreement entitled Agreement for Wastewater Disposal Services dated November 3, 1992, (hereinafter defined as the "Basic Agreement"), by which the Parties' obligations for wastewater treatment and disposal are provided; and WHEREAS, supplemental agreements may be made to the Basic Agreement pursuant to Paragraph 17 thereof; and WHEREAS, the Parties entered into that certain Supplemental Agreement entitled Third Supplemental Agreement to Agreement for Wastewater Disposal Services dated November 19, 2002, (hereinafter referred to as the "Third Supplemental Agreement") by which the Parties agreed to certain terms and conditions related to the use of secondary effluent originating in each Party's service area; and WHEREAS, the Parties entered into that certain Supplemental Agreement entitled Fourth Supplemental Agreement to Agreement for Wastewater Disposal Services dated November 19, 2009 (hereinafter referred to as the "Fourth Supplemental Agreement") by which the Parties agreed to further terms and conditions related to the use of secondary effluent originating in each Party's service area; and WHEREAS, because the Parties share the same potable water supply, water recycling by either party enhances the reliability of the potable water supply for both Parties; and WHEREAS, the use of Recycled Water by the Parties helps reduce demand for fresh water diversions from the Delta and reduces discharges of treated wastewater Page 1 of 18 H:\Board\I0-22-I 3spe\5th Supplemental\Sth Supplemental FINAL.Docx