HomeMy WebLinkAbout2021-051 Contract- Talent Irrigation District & COA & USA CONT OR T
P� 441 t ' United States Department,of the Interior
BUREAU OF RECLAMATION
1150 North Curtis Road
Boise,lID 883706-1234
IN REPLY REFER TO: AUG 0-3 2021
CPN-6300
2.2.4.23
Mr. Adam Hanks
Interim City Administrator
City of Ashland-Public Works Engineering
20 E. Main Street
Ashland, Oregon 97520
Subject: Executed Temporary Water Service Contract No. 219E102074 for 173 Acre-feet of Water
for 2020,Rogue River Basin Project, Oregon
Dear Mr.Hanks:
Enclosed for your records is a fully executed contract between the United States and the City of
Ashland, Talent Irrigation District.
If you have questions about the proposed contract please contact Gail McGarry, at the above address,
by telephone at(208) 378-5306 or emcgarry@usbr.gov.
Sincerely,
A )
faY Lorri J. Gray
N,ek:ty ' Regional Director
In Duplicate
Secretary/Manager
Talent Irrigation District
P.O. Box 467
Talent, OR. 97540
(w/copy of encl)
Enclosure
INTERIOR REGION 9•COLUMBIA-PACIFIC NORTHWEST
IDAHO,MONTANA*,OREGON",WASHINGTON
PARTIAL
Contract No. 219E102074
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
oAv
y
THIS CONTRACT, made thi Yday of // , 2021,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."
WITNES SETH,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 obtained 173 acre-feet of water in water year 2020 for
municipal purposes from Project facilities;and
5. WHEREAS,the providing of municipal water to the City did 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,PN-BFO-CE-2020-066, dated April 20,2020; 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 MADE AVAILABLE TO THE CITY
9. (a) The United States, acting through the District,made available to the City up
to 173 acre-feet of Project water from Howard Prairie Reservoir during the 2020 irrigation season.
The City has received said water and beneficially used it in 2020.
(b) The total water flow was 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 received
said water at the delivery point and was 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
10. A water service charge of$12,110 shall be paid by the City to the United States at
the time of executing this contract. The payment equals a rate of$70 per acre-foot,multiplied by
173 acre-feet and is determined in accordance with applicable Reclamation law and policy, and is
exclusive of additional charges by the District.
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•
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 May 1,2020,unless sooner terminated as herein provided.
CONSTRAINTS ON THE AVAILABILITY OF WATER
13. (a) In its operation of the Project,the Contracting Officer and District used 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 appeared,the Contracting Officer or District will notify the
City of said determination as soon as practicable.
(b) If there was a condition of shortage because of inaccurate runoff forecasting
or other similar operational errors affecting the Project;drought and other physical or natural
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 any of their 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
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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. This contract shall not be considered a precedent for any other
contracts.
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).
GENERAL PROVISIONS
17. 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
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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
L EQUAL EMPLOYMENT OPPORTUNITY
j. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
k. PEST MANAGEMENT
1. MEDIUM FOR TRANSMITTING PAYMENTS
m. NOTICES
n. 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'
By
(Name) //
l", t , �k?O ii0,5,:r 4r)
(Title)
(SEAL)
ATTEST: •
•
l,r
(Name
•
NtUL woRkS Pip-SAM_
1L
(Title)
TALENT I' ' GATION DISTRICT
QT- _
By : kV
Chairman,Board of Directors
(SEAL)
ATTEST: p
eeretary/Manager �M
5s+sand
UNITED STATES OF AMERICA
(LtH
By I Pt
�,ctt�n"�f°�PN Region
egional Dector
Bureau of Reclamation
1150 N. Curtis Road
Boise,ID 83706-1234
7
STATE OF OREGON)
: ss
County of �aCtSan )
On this 11+4' day of X101 , ,2021,personalk appeared before me,
a Notary Public,known to me to be,respectively,the Gkti —rein
and of the CITY OF ASHLAND, and the persons who
executed 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.
,�:4,, OFFICIAL STAMP
r`•Y'Cr%;'. ELIZABETH LYNN TAYLOR
`i NOTARY PUBLIC..OREGON -1.4.-/".
r�� COMMISSION NO. 980829 Eor
MY COMMISSION EXPIRES OCTOBER 29,2022 Notary Public in and for the •
State of Oregon
(SEAL) Residing at: 20.C. MAN c c d-, 11-61*"01,CR (.-LS'lO
My commission expires:• CC,ipb-er•29,.2022
* * * * * * * * * *
STATE OF OREGON)
: ss
County of.3 s ) •
On this g day of •- "I-04--- , 2021,personally appeared before me,
a Notary Public,known to me to be,respectively,the bl11kinnit,,n .oc• 2.-.—Octts'd cc 1 ckit5
and •A-sSi met 4- h46,kone c- of 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.
IFV7---Cf24.
OFFICIALSTAMP
FfR187>fNE II!�fl`Y
NOTARY PUBLIC-OREGON i ','a—!. •� Mlj
COMMISSION No. 100610 '�
COY RSON onietiu m9, s4. Notary Public in and fo the •
State of Oregon
(SEAL) Residing at: et. ,._;kerthi b)r
My commission expires: MI) Zing
8
STATE OF IDAHO )
: ss
County of Ada )
n 's `� da of (LI' ,2021,personally appeared before me,
f � ,�Y �
Ro / j`i�. �/f ,known to me to be the official of the United States
of America that exebuted e 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.
•�•``•��1; 1Y A ff••• ,utirr--,
y t.1OTARy% �,
Notary Public in and for the
PUBLIC = c State of Idaho
Residingat: Yli!'
(SEAE�,. c m °;�
,0��� My commission expires. .�/' 'W 42
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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 allotmentof 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.
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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.
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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 of the Interior 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.
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(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.
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(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 HI 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,watercraft,
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,
watercraft,and equipment onto any Federal land,into any Federal project facility waters,or out of any area
on Federal project land where work is performed.
(3) Where decontamination of the Contractor's vehicles,watercraft,or equipment is required
prior to entering Federal project land or waters,the decontamination shall be performed by the Contractor
at the point of prior use,or at an approved offsite facility able to process generated cleaning wastes,
pursuant to applicable laws,rules,and regulations. Upon the completion of work,the Contractor will
perform any required decontamination within the work area before moving the vehicles,watercraft,and
equipment from Federal project lands and waters. •
(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 517 Integrated Pest Management Policy and 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.
NOTICES
m. 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,
Boise,Idaho 83706-1234, on behalf of the United States,or delivered to Talent Irrigation District,
Attn: 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,Attn: City Administrator,
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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.
CONTRACT DRAFTING CONSIDERATIONS
(n) This Contract has been,negotiated and reviewed by the parties hereto,each of whom is _
sophisticated in the matters to which this Contract pertains. Articles 1 through 16 of this Contract have
been drafted,negotiated,and reviewed by the parties,and no one party shall be considered to have drafted
the stated articles.
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