HomeMy WebLinkAbout2015-212 Contract - DOI-BOR - TID
PN Draft 6/11/15
Contract No. 15XXIO1881
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
2-7 Explanatory Recitals 1-2
8 Definitions 2-3
9 Water to be Available to the City 3
10 Consideration for Water Delivery 4
11 Payment of Operation and Maintenance Charges 4
12 Term and Termination of Contract 4-5
13 Constraints on the Availability of Water (Water Shortages) 5
14 Disclaimer 5-6
15 Title to Project Works 6
16 Contract Compliance Reviews 6
17 Notices 6
18 General Provisions 7
Signatures 8
Acknowledgments 9-10
Exhibit A
PN Draft 6/11/15
Contract No. 15XXIO1881
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 9m day of September , 2015, 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
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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 600 acre-feet of water in water year 2015 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.
7. WHEREAS, the United States has met all environmental compliance requirements
for the execution of this contract, which has been categorically excluded by Categorical Exclusion
Checklist, 2015-CCAO-59C, approved on June 25, 2015; and
NOW, THEREFORE, in consideration of the mutual and dependent covenants
herein contained, it is hereby mutually agreed as follows:
DEFINITIONS
8. The following terms hereinafter used in this contract shall have the following
respective meanings:
(a) "Contracting Officer" shall mean the Regional Director or a duly authorized
representative acting pursuant to this contract or applicable Federal Reclamation law, regulation or
policy;
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(b) "Irrigation Use" shall mean the use of contract water to irrigate land
primarily for the production of commercial agricultural crops or livestock, and domestic and other
uses that are incidental thereto.
(c) "Municipal and Industrial Use" shall mean the use of contract water for
municipal, industrial, and miscellaneous other purposes not falling under the definition of
"irrigation use" above or within another category of water use under an applicable Federal
authority.
WATER TO BE AVAILABLE TO THE CITY
9. (a) The United States, acting through the District, agrees to make available to
the City up to 600 acre-feet of Project water from Howard Prairie Reservoir during the 2015
irrigation season up to December 1, 2015. 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.
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.
(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.
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CONSIDERATION FOR WATER DELIVERY
10. A water service charge of $42,000 shall be paid by the City to the United States at
the time of executing this contract. The $42,000 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 600 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 600 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 600 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, 2016.
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.
PAYMENT OF OPERATION AND MAINTENANCE CHARGES
11. 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
12. (a) This contract shall become effective as of the date first above written and
will continue in effect until December 1, 2015, unless sooner terminated as herein provided.
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(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)
13. (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.
(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
14. No provision of this contract, nor of any renewal hereof, 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
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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.
TITLE TO PROJECT WORKS
15. Title to Project lands and facilities will remain in the name of the United States until
such time as the Congress of the United States authorizes title to be transferred and until title is
actually transferred through required procedures.
CONTRACT COMPLIANCE REVIEWS
16. The District and City acknowledge the Bureau of Reclamation's authority to conduct
periodic contract compliance reviews in accordance with Reclamation Manual Policy, Periodic
Review of Water Deliveries with Respect to Contract Terms (WTR P08), and Reclamation Manual
Directive and Standards, Periodic District Reviews of Water Deliveries with Respect to Contract
Terms - Process for Resolving Unauthorized Use (WTR 08-01).
NOTICES
17. 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, 1150 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 97 520. The
designation of the person to be notified or the address of such person may be changed at any
time by similar notice.
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GENERAL PROVISIONS
18. 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
in. CONTRACT DRAFTING CONSIDERATIONS
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IN WITNESS WHEREOF, the parties hereto have signed their names as of the day and
year first above written.
CITY OF ASHLAND
tiU
By ` ~c J
(kIame)
m bmoy-
(Title) J
(SEAL)
ATT ST:
AP VEO ORM
(Name) rkshl ity Attorney
l~J~ 7- -
ate _ 2 3 S
1D
(Title)
TALENT IRRIGATION DISTRICT
By ~~,v3 Z ,,n 5
Chairman, Board of Directors
(SEAL)
ATTEST
Secretary/Manager
l
UNITED STATES OF AMERICA
By q/t~
riot Regional Director
PN Region
Bureau of Reclamation
1150 N. Curtis Road, Suite 100
Boise, ID 83706-1234
8
STATE OF OREGON)
ss
County of CSa )
On this day of 45 St , 20 15- ersonally appeared before
me, a Notary P blic, known to me to be, r ectively, the 140 K
rj,-jj #A the CITY OF ASHLAND, and the p sons wb~ executed
and 0
the within instrument and acknowledged 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 STAMP
DIANA RENEE SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 932046 Notary Public in and for the
MY COMMISSION EXPIRES OCTOBER 01, 2018
State of Oregon
ol dV
Th,
(SEAL) Residing at:
My commission expires: Vr I
STATE OF OREGON)
: ss
County of \ur,~1)
On this ! tl day of y1 , c t 20~_, personally appeared before
me, a Notary Public, known tome to be, respectively, the U>1_) *0 IL-,%
and. X„ l~c 1~CA- tck Sec -0) 2Iof the TALENT IRRIGATION DISTRICT, and the persons
who executed the within instrument and 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
KNOTAR Y PUBL IC-OREGON
OMMISSION NO. 472559
MMISSION EXPIRES NOVEMBER 09, 2018 Notary Public in and for the
State of Oregon
(SEAL) Residing at: Ac t' ~ ti V ti ,c,l
My commission expires:
9
STATE OF IDAHO )
ss
County of Ada )
_ On this C day of 20 ) personally appeared before
me, known to me to be the official of the United States
of America that executed 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 she/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.
Notary Public in and for the
State of Idaho
(SEAL) Residing at: h L~i~c~
My commission expires:
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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 party 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.
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.
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(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) (l) 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 .
(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
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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.
(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
(j) (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 seek judicial enforcement thereof.
(4) Complaints of discrimination against the Contractor shall be investigated by the Contracting Officer's
Office of Civil Rights.
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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 13112 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 l through 16 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.
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QPP~MeNT OF lye,
O~ United States Department of the Interior
BUREAU OF RECLAMATION
Pacific Northwest Regional Office
CH`s 1150 North Curtis Road, Suite 100
Boise, ID 83706-1234
1A RLPLF RI] FR M.
PN-3323 SEP - 9 2015
WTR-4.03
Mr. Pieter Smeenk, PE CWRE
City of Ashland
Public Works Engineering
20 E. Main Street
Ashland, OR 97520
Subject: Contract No. 15XX101881 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. 15XX 101881, between the
United States of America, the Talent Irrigation District (District), and the City of Ashland (City).
The contract provides for the delivery of up to 600 acre-feet of project water from the District during
2015 for municipal use to the City.
As stated in article 10: "In the event the amount of water delivered to the City is less than 600 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 600 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, 2016."
If you have any questions, please contact Mr. Larry Parsons, Economist, at the above address, or
telephone 208-378-5346.
Sincerely,
F
Lorri J. Lee
Regional Director
Enclosure
cc: See next page.
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)