ALP 23

1 6101, et seq.), Title II of the Americans with Disabilities Act of 1990 (Pub. L. 101 -336; 42
2 U.S.C. § 12131, et seq.), and any other applicable civil rights laws, and with the applicable
3 implementing regulations and any guidelines imposed by the U.S. Department of the Interior
4 and/or Bureau of Reclamation.
5 (b) These statutes prohibit any person in the United States from being excluded from
6 participation in, being denied the benefits of, or being otherwise subjected to discrimination
7 under any program or activity receiving financial assistance from the Bureau of Reclamation on
8 the grounds of race, color, national origin, disability, or age. By executing this contract, the State
9 agrees to immediately take any measures necessary to implement this obligation, including
10 permitting officials of the United States to inspect premises, programs, and documents.
11 (c) The State makes this agreement inconsideration of and for the purpose of obtaining any
12 and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance
13 extended after the date hereof to the State by the Bureau of Reclamation, including installment
14 payments after such date on account of arrangements for Federal financial assistance which were
15 approved before such date. The State recognizes and agrees that such Federal assistance will be
16 extended in reliance on the representations and agreements made in this article and that the
17 United States reserves the right to seek judicial enforcement thereof.
18 (d) Complaints of discrimination against the State shall be investigated by the Contracting
19 Officer's Office of Civil Rights.
20
21 39. MEDIUM FOR 'IANSMITTING PAYMENTS
22 (a) All payments from the State to the United States under this contract shall be by the
23 medium requested by the United States on or before the date payment is due. The required
24 method of payment may include checks, wire transfers, or other types of payment specified by
25 the United States.
26 (b) Upon execution of the contract, the State shall furnish the Contracting Officer with the
27 State's taxpayer's identification number (TIN). The purpose for requiring the State's TIN is for
28 collecting and reporting any delinquent amounts arising out of the State's relationship with the
29 United States.
30
31 40. CONTRACT DRAFTING CONSIDERATIONS
32 This Contract has been, negotiated and reviewed by the parties hereto, each of whom is
33 sophisticated in the matters to which this Contract pertains. Articles 1 through 24 of this Contract
34 have been drafted, negotiated, and reviewed by the parties, and no one party shall be considered
35 to have drafted the stated articles.
36
37 41. CONSTRAINTS ON AVAILABILITY OF WATER
38 (a) In its operation of the Project, the Contracting Officer will use all reasonable means to
39 guard against a condition of shortage in the quantity of water to be made available to the State
40 pursuant to this Contract. In the event the Contracting Officer determines that a condition of
41 shortage appears probable, the Contracting Officer will notify the State of said determination as
42 soon as practicable.
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