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HomeMy WebLinkAbout2013-318 Contract - DOI-BOR - TID t PN Draft 8/28/13 Contract No. 13XX 101822 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Rogue River Basin Project, Oregon TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF AMERICA, THE TALENT IRRIGATION DISTRICT, AND THE CITY OF ASHLAND, OREGON Contents Article Page No. Title No. 1 Preamble 1 2-6 Explanatory Recitals I-2 7 Water to be Available to the City 2-3 8 Consideration for Water Delivery 3 9 Payment of Operation and Maintenance Charges 4 10 Term and Termination of Contract 4 11 Constraints on the Availability of Water (Water Shortages) 4-5 12 Disclaimer 5 13 Notices 5 14 General Provisions 6 Signatures 7 Acknowledgments 8-9 Exhibit A PN Draft 8/28/13 Contract No. 13XXIO1822 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Rogue River Basin Project, Oregon Talent Division TEMPORARY WATER SERVICE CONTRACT BETWEEN THE UNITED STATES OF AMERICA, THE TALENT IRRIGATION DISTRICT, AND THE CITY OF ASHLAND, OREGON THIS CONTRACT, made this 27`h day of September , 2013, pursuant generally to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, including the Act of February 25, 1920 (41 Stat. 451), and the Act of August 20, 1954 (68 Stat. 752), all collectively known as the Federal Reclamation laws, between the UNITED STATES OF AMERICA, hereinafter referred to as the"United States; acting through the Bureau of Reclamation, hereinafter referred to as"Reclamation; represented by the Regional Director, Pacific Northwest Region, hereinafter referred to as the`Contracting Officer, the TALENT IRRIGATION DISTRICT, hereinafter referred to as the"District,'and the CITY OF ASHLAND, OREGON, hereinafter referred to as the"City'.' WITNESSETH, THAT: The following statements are made in explanation: EXPLANATORY RECITALS 2. WHEREAS, the Secretary of the Interior, pursuant to the Act of August 20, 1954, was authorized to construct, operate, and maintain the Talent Division of the Rogue River Basin Project, hereinafter referred to as the"Project for the purposes of furnishing water for irrigation, controlling floods, providing hydroelectric power, and for other beneficial purposes; and I 3. WHEREAS, the United States and District entered into a repayment contract dated August 27, 1956, Contract No. 14-06-100-1045, as may have been amended and supplemented, providing among other things, for a water supply for the irrigation of lands within the District and a transfer of responsibility to the District for the care, operation, and maintenance of certain water collection, storage, and distribution works; and 4. WHEREAS, the City desires to obtain 300 acre-feet of water in water year 2013 for municipal purposes from Project facilities; and 5. WHEREAS, the providing of municipal water to the City will not interfere with other purposes served by the Project, and the United States and District are agreeable to furnishing such water to the City pursuant to the terms of this contract; and 6. WHEREAS, the District and City recognize that other agreements between them also exist for the use of non-Project water by the City, those agreements being dated March 21, 1924; December 7, 1926; May 15, 1935; and November 2, 1937. NOW, THEREFORE, in consideration of the mutual and dependent covenants herein contained, it is hereby mutually agreed as follows: WATER TO BE AVAILABLE TO THE CITY 7. (a) The United States, acting through the District, agrees to make available to the City up to 300 acre-feet of Project water during the 2013 irrigation season up to December 1, 2013. The City shall not use or permit the use of water delivered to it for any purpose other than irrigation, domestic, municipal or industrial purposes. Water may be made available for municipal purposes in accordance with a 1978 water right held by the United States for the District in Howard Prairie Reservoir. It is expressly understood however that the delivery of this water will only be made during the District's irrigation season as set by its Board of Directors and is limited by the supply and capacity of District and Project facilities. 2 (b) The total water flow, not to exceed 3.5 cubic feet per second, shall be delivered to the City at a point approximately 850 feet south of the southwest corner of Donation Land Claim No. 45 situated in section 15, township 39 south, range 1 east of the Willamette Meridian in Jackson County, Oregon. The City shall receive said water at the delivery point and shall be wholly responsible for taking said water at that point and diverting, conveying and utilizing it. (c) The United States and District make no warranties as to the quality of the water to be delivered to the City and it is understood that the water is not fit for human consumption and must be processed by the City before the same attains domestic quality. CONSIDERATION FOR WATER DELIVERY 8. A water service charge of $21,000 shall be paid by the City to the United States at the time of executing this contract. The $21,000 payment equals a rate of $70 per acre-foot of Project water delivered to the City, determined in accordance with applicable Reclamation law and policy, and is exclusive of additional charges by the District. The payment will entitle the City to receive up to 300 acre-feet of water as described in Article 7 of this contract. In the event the amount of water delivered to the City is less than 300 acre-feet, as reported by the City and confirmed by the District to the Contracting Officer, the City may request that monies be refunded to it at a rate of $70 per acre-foot for the amount delivered that is less than 300 acre-feet: provided that, a minimum water service charge of $5,250 shall apply regardless of the amount of water delivered to the City under this contract; provided further, that any such refund request shall be made in writing to the Contracting Officer only after the City's water use under this contract has ceased for the year and must be received by the Contracting Officer prior to February 1, 2014. Any refund to the City will be without interest. The water service charge is in addition to administrative fees paid by the City to the United States for the preparation of this contract. 3 PAYMENT OF OPERATION AND MAINTENANCE CHARGES 9. An operation and maintenance charge shall be paid by the City to the District within 30 days of the execution of this contract. The operation and maintenance charge as computed by the District shall be the sum of money equal to the District's annual operation and maintenance charge, and will be equal to the irrigation charges of a single parcel containing 226.42 acres of assessed land within the District. TERM AND TERMINATION OF CONTRACT 10. (a) This contract shall become effective as of the date first above written and will continue in effect until December 1, 2013, unless sooner terminated as herein provided. (b) This contract shall be terminated and service hereunder shall cease at the option of the United States at any time upon failure of the District or the City to abide by any notice, order, rule, or regulation of the United States or the State of Oregon, related to delivery of Project water to the City, now or hereafter established. The United States may terminate this contract and service hereunder may cease if a decision is reached by a Court of competent jurisdiction requiring termination of water delivery under this contract. The United States may also terminate this contract and service hereunder may cease, in whole or in part, if the contract water source becomes unavailable as required by, or due to the application of, federal law, including, but not limited to, the Endangered Species Act. CONSTRAINTS ON THE AVAILABILITY OF WATER (WATER SHORTAGES) 11. (a) In its operation of the Project, the Contracting Officer and District will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the City pursuant to this Contract. In the event the Contracting Officer or District determines that a condition of shortage appears probable, the Contracting Officer or District will notify the City of said determination as soon as practicable. 4 (b) If there is a condition of shortage because of errors in physical operations of the Project, drought, other physical causes beyond the control of the Contracting Officer or District, or actions taken by the Contracting Officer or District to meet current and future legal obligations, then no liability shall accrue against the United States or District or any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom. DISCLAIMER 12. No provision of this contract, nor the furnishing of water hereunder, will be construed to bind the United States or District after the expiration of this contract as the basis of a permanent water right. The United States will not be held responsible for any acts or omissions of the District's or City's agents or of persons to whom water is furnished. Further, it is the responsibility of the District and City to comply with all applicable laws and regulations of the United States and the State of Oregon regarding any activities involved or associated with the use of water delivered hereunder, and to obtain all required permits or licenses from the appropriate Federal, State, or local authorities. NOTICES 13. Any notice, demand, or request required or authorized by this contract shall be deemed properly given, except where otherwise herein specifically provided, if mailed, postage prepaid, to the Regional Director, PN Region, Bureau of Reclamation, 1 150 N. Curtis Road, Suite 100, Boise, Idaho 83706-1234, on behalf of the United States, or delivered to Talent Irrigation District, Attention: Secretary/Manager, P.O. Box 467, Talent, Oregon 97540, on behalf of the District; or to the City when mailed, postage prepaid, or delivered to the City of Ashland, Attention: City Administrator, 20 East Main Street, Ashland, Oregon 97520. The designation of the person to be notified or the address of such person may be changed at any time by similar notice. 5 GENERAL PROVISIONS 14. The General Provisions applicable to this contract are listed below. The full text of these articles is attached as Exhibit A and is hereby made a part of this contract. a. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS b. OFFICIALS NOT TO BENEFIT c. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED d. BOOKS, RECORDS, AND REPORTS e. RULES, REGULATIONS, AND DETERMINATIONS f. ADMINISTRATION OF FEDERAL PROJECT LANDS g. PROTECTION OF WATER AND AIR QUALITY h. CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY i. EQUAL EMPLOYMENT OPPORTUNITY j. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS k. PEST MANAGEMENT 1. MEDIUM FOR TRANSMITTING PAYMENTS m. CONTRACT DRAFTING CONSIDERATIONS 6 IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and year first above written. CITY OF ASHLAND By (Name) C~~`! /~Onr~~ss2/J-Fo2 (Title) (SEAL) ATT T: e) am- CO ~vn (Titre TALENT IRRIGATION DISTRICT By Zip S Chairman, oard of Directors (SEAL) ATTES )retary/N/lanager UNITED STATES OF AMERICA By pG?ING F Regional Director PN Region Bureau of Reclamation 1150 N. Curtis Road, Suite 100 Boise, ID 83706-1234 7 STATE OF OREGON) County orI13 i ss On this 1 - day of IQ.. , 201 personall a pe e before me, a Notary, Public, kno to me44 be, spectively, the e I ~F~O 13 and DR Vl ~Yl I . i~ y RKV of the CITY OF ASHLAND, and the ersons who executed the within instru~t and aledged to me that the CITY OF ASHLAND executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. OFFICIAL SEAL , KRISTINE BECHTDLD ~ NOTARY PUBLIC-OREGON COMMISSION N0. 463852 otary Public in and for the MYCOMMISSION E%PIRES NOVEMBER 27, 2015 State of Orego (SEAL) Residing at: My commission expires: STATE OF OREGON) ss County of~ On this 1LQ~day of n 20personally appeared before me, a Notary Public, known tome to be, re pectively, the Rnb C~~rT,S Cdr?' rmc andJ,mPPw11e1on, See.-mo r. of the TALENT IRRIGATION DISTRICT, and the persons who executed the within instrurri?nt acknowledged to me that the TALENT IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. OFFICIAL SEAL WANDA M DERRY ,o r\ COMM SSION NO~ai2 59 ,Y1 ~ ) 9Y COMMISSIONE%PIAESNOVENBER09,2018 . Notary Public in and for the State of Ore IQIL (SEAL) Residing at: 01 ^It.-.... . My commisstowm_exl5tres: 8 STATE OF IDAHO ) ss County of Ada ) this, a- 7 day of 4111W 20 13, personally appeared before me, IW7,0 (A -F 101)11ZS , known to me to be the official of the United States of America cuted the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. V / Notary Public in and for the State of Idaho (S L NOResiding at: v/ G %46 My commission expires: i o LIC 9 EXHIBIT A GENERAL PROVISIONS - ROGUE RIVER BASIN PROJECT The Contractor, as referred to in the following Standard Contract Articles, shall be the Talent Irrigation District and the City of Ashland, Oregon. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS (a) The expenditure or advance of any money or the performance of any obligation of the United States under this contract shall be contingent upon appropriation or allotment of funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States in case funds are not appropriated or allotted. OFFICIALS NOT TO BENEFIT (b) No Member of or Delegate to the Congress, Resident Commissioner, or official of the Contractor shall benefit from this contract other than as a water user or landowner in the same manner as other water users or landowners. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED (c) The provisions of this contract shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this contract or any right or interest therein by either parry shall be valid until approved in writing by the other party. BOOKS, RECORDS, AND REPORTS (d) The Contractor shall establish and maintain accounts and other books and records pertaining to the administration of the terms and conditions of this contract, including the Contractor's financial transactions; water supply data; the water users' land-use (crop census), and water-use data; and other matters that the Contracting Officer may require. Reports shall be furnished to the Contracting Officer in such form and on such date or dates as the Contracting Officer may require. Subject to applicable Federal laws and regulations, each party to this contract shall have the right during office hours to examine and make copies of the other party's books and records relating to matters covered by this contract. RULES, REGULATIONS, AND DETERMINATIONS (e) (1) The parties agree that the delivery of water or the use of Federal facilities pursuant to this contract is subject to Federal reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Federal reclamation law. (2) The Contracting Officer shall have the right to make determinations necessary to administer this contract that are consistent with the provisions of this contract, the laws of the United States and the State of Oregon, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor. A - I ADMINISTRATION OF FEDERAL PROJECT LANDS (f) The lands and interests in lands acquired, withdrawn, or reserved and needed by the United States for the purposes of care, operation, and maintenance of Federal project works may be used by the Contractor for such purposes. The Contractor shall ensure that no unauthorized encroachment occurs on Federal project lands and rights-of-way. The Contractor does not have the authority to issue any land-use agreement or grant that conveys an interest in Federal real property, nor to lease or dispose of any interest of the United States. PROTECTION OF WATER AND AIR QUALITY (g) (1) Project facilities used to make available and deliver water to the Contractor shall be operated and maintained in the most practical manner to maintain the quality of the water at the highest level possible as determined by the Contracting Officer: Provided. That the United States does not warrant the quality of the water delivered to the Contractor and is under no obligation to furnish or construct water treatment facilities to maintain or improve the quality of water delivered to the Contractor. (2) The Contractor shall comply with all applicable water and air pollution laws and regulations of the United States and the State of Oregon; and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities necessary for the delivery of water by the Contractor; and shall be responsible for compliance with all Federal, State, and local water quality standards applicable to surface and subsurface drainage and/or discharges generated through the use of Federal or Contractor facilities or project water provided by the Contractor within the Contractor's Project Water Service Area. (3) This article shall not affect or alter any legal obligations of the Secretary to provide drainage or other discharge services. CONTAMINATION OR POLLUTION OF FEDERAL PROPERTY (h) (1) The Contractor shall not allow contamination or pollution of Federal project lands, project waters, or project works of the United States or administered by the United States and for which the Contractor has the responsibility for care, operation, and maintenance by its employees or agents. The Contractor shall also take reasonable precautions to prevent such contamination or pollution by third parties. (2) The Contractor shall comply with all applicable Federal, State, and local laws and regulations and Reclamation policies and instructions existing, or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored, or disposed of on or in Federal project lands, project waters, or project works. (3) "Hazardous material" means (1) any substance falling within the definition of "hazardous substance," "pollutant or contaminant," or "hazardous waste" under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601(14), (29), and (33)); (2) oil, as defined by the Clean Water Act (33 U.S.C. § 1321(a)) and the Oil Pollution Act (33 U.S.C. § 2701(23)); (3) thermal pollution, refuse, garbage, sewage effluent, industrial waste, mine or mill tailings, mineral salts, pesticides, and other solid waste, and (4) any other substance regulated as hazardous or toxic under Federal, State, local or Tribal law. A-2 (4) Upon discovery of any event which may or does result in contamination or pollution of Federal project lands, project water, or project works, the Contractor shall immediately undertake all measures necessary to protect health and the environment, including measures necessary to contain or abate such contamination or pollution, and shall report such discovery with full details of the actions taken to the Contracting Officer. Reporting shall be within a reasonable time period but shall not exceed 24 hours from the time of discovery if it is an emergency and the first working day following discovery in the event of a non-emergency. (5) If violation of the provisions of this Article occurs and the Contractor does not take immediate corrective action, as determined by the Contracting Officer, the Contractor may be subject to remedies imposed by the Contracting Officer, which may include termination of this contract. (6) The contractor shall be liable for any response action or corrective measure necessary to protect public health and the environment or to restore Federal project lands, project waters, or project works that are adversely affected as a result of such violation, and for all costs, penalties or other sanctions that are imposed for violation of any Federal, State, local or Tribal laws and regulations concerning hazardous material. At the discretion of the Contracting Officer, the United States may also terminate this Contract as a result of such violation. (7) The contractor shall defend, indemnify, protect and save the United States harmless from and against any costs, expenses, claims, damages, demands, or other liability arising from or relating to contractor's violation of this article. (8) Reclamation agrees to provide information necessary for the Contractor, using reasonable diligence, to comply with the provisions of this Article. EQUAL EMPLOYMENT OPPORTUNITY (i) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965 (EO 11246), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. A-3 (4) The Contractor will comply with all provisions of EO 11246, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by EO 11246, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in EO 11246, and such other sanctions may be imposed and remedies invoked as provided in EO 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) , The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of EO 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS 0) (1) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. § 2000d), the Rehabilitation Act of 1973 (Pub. L. 93-112, Title V, as amended; 29 U.S.C. § 791, et seq.), the Age Discrimination Act of 1975 (Pub. L. 94-135, Title III; 42 U.S.C. § 6101, et seq.), Title II of the Americans with Disabilities Act of 1990 (Pub. L. 101-336; 42 U.S.C. § 12131, et seq.), Title III of the Americans with Disabilities Act of 1990 (Pub. L. 101-336; 42 U.S.C. § 12181, et seq.), and any other applicable civil rights laws, and with the applicable implementing regulations and any guidelines imposed by the U.S. Department of the Interior and/or Bureau of Reclamation. (2) These statutes prohibit any person in the United States from being excluded from participation in, being denied the benefits of, or being otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation on the grounds of race, color, national origin, disability, or age. By executing this contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents. (3) The Contractor makes this agreement in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article and that the United States reserves the right to seekjudicial enforcement thereof. (4) Complaints of discrimination against the Contractor shall be investigated by the Contracting Officer's Office of Civil Rights. A-4 PEST MANAGEMENT (k) (1) The Contractor is responsible for complying with applicable Federal, State, and local laws, rules, and regulations related to pest management in performing its responsibilities under this contract. (2) The Contractor is responsible for effectively avoiding the introduction and spread of, and for otherwise controlling, undesirable plants and animals, as defined by the Contracting Officer, on or in Federal project lands, Federal project waters, and Federal project works for which and to the extent that the Contractor has operation and maintenance responsibility. The Contractor is responsible for exercising the level of precaution necessary in meeting this responsibility, including inspecting its vehicles and equipment for reproductive and vegetative parts, foreign soil, mud or other debris that may cause the spread of weeds, invasive species and other pests, and removing such materials before moving its vehicles and equipment onto any Federal land or out of any area on Federal project land where work is performed. (3) Where decontamination is required prior to entering Federal project land, it shall be performed at the point of prior use, or at an approved offsite facility able to process generated cleaning wastes. Upon the completion of work, the Contractor will perform any required decontamination within the work area before moving the vehicles and equipment from Federal project lands. (4) Programs for the control of undesirable plants and animals on Federal project lands, and in Federal project waters and Federal project works for which the Contractor has operation and maintenance responsibility will incorporate Integrated Pest Management (IPM) concepts and practices. IPM refers to a systematic and environmentally compatible program to maintain pest populations within economically and environmentally tolerable levels. In implementing an IPM program, the Contractor will adhere to applicable Federal and State laws and regulations and Department of the Interior and Bureau of Reclamation policies, directives, guidelines, and manuals, including but not limited to, the Department of the Interior Manual, Part 609 Weed Control Program, the Plant Protection Act of June 20, 2000 (Pub. L. 106 224), and Executive Order 131 12 of February 3, 1999. MEDIUM FOR TRANSMITTING PAYMENTS (1) (1) All payments from the Contractor to the United States under this contract shall be by the medium requested by the United States on or before the date payment is due. The required method of payment may include checks, wire transfers, or other types of payment specified by the United States. (2) Upon execution of the contract, the Contractor shall furnish the Contracting Officer with the Contractor's taxpayer's identification number (TIN). The purpose for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising out of the Contractor's relationship with the United States. CONTRACT DRAFTING CONSIDERATIONS (m) Articles 1 through 13 of this contract have been drafted, negotiated, and reviewed by the parties hereto, each of whom is sophisticated in the matters to which this contract pertains, and no one party shall be considered to have drafted the stated articles. A-5 O~ PS~gNT OF Thy/yF United States Department of the Interior 9 BUREAU OF RECLAMATION Pacific Northwest Regional Office CH 33 ~sp9 1150 North Curtis Road, Suite 100 Boise, ID 83706-1234 IN REPLY REFER TO: 3 PN- WTR-4.03 SEP 2 7 2013 TR Mr. Pieter Smeenk, PE CWRE City of Ashland Public Works Engineering 20 E. Main Street Ashland, OR 97520 Subject: Contract No. 13XXI OI822 for Temporary Water Service with the City of Ashland and the Talent Irrigation District, Rogue River Basin Project, Oregon Dear Mr. Smeenk: Enclosed for your records is a fully executed original of Contract No. 13XX101822, between the United States of America, the Talent Irrigation District (District), and the City of Ashland, Oregon (City). The contract provides for the delivery of up to 300 acre-feet of project water from the District during 2013 for municipal use to the City. As stated in Article 8, in the event the amount of water delivered to the City is less than 300 acre-feet, as reported by the City and confirmed by the District to the Contracting Officer, the City may request that monies be refunded to it at a rate of $70 per acre-foot for the amount delivered that is less than 300 acre-feet: provided that, a minimum water service charge of $5,250 shall apply regardless of the amount of water delivered to the City under this contract; provided further, that any such refund request shall be made in writing to the Contracting Officer only after the City's water use under this contract has ceased for the year, and must be received by the Contracting Officer prior to February 1, 2014. If you have any questions, please contact Mr. Larry Parsons, Economist, at the above address, or telephone 208-378-5346. Sincerely, Lorri J. Lee A Regional Director Enclosure cc: See next page. I 2 cc: Mr. Jim Pendleton Talent Irrigation District P.O. Box 467 Talent, OR 97540 (w/original of executed contract) Oregon Water Resources Department 725 Summer Street NE, Suite A Salem, OR 97301-1271 (w/copy of contract) Mr. Arthur Armour U.S. Army Corps of Engineers P.O. Box 2946 Portland, OR 97208 (w/copy of contract)