P2440008,_Sample_Contract.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2540008 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2540008

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

To be Determined (TBD)

2. The term of this Agreement is:

START DATE

Upon California Department of General Services Approval Date

THROUGH END DATE

June 30, 2028

3. The maximum amount of this Agreement is:

$2,100,000.00 | Two Million, One Hundred Thousand Dollars and Zero Cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 21

Exhibit A, Attach I SLOWA Shooting Range Location and Layout 9

Exhibit A, Attach II Shooting Range Activity and Fee Schedule 1

Exhibit A, Attach III Sample Liability Waiver 2

Exhibit A, Attach IV Contractors's Proposal and Resume TBD

Exhibit B Budget Detail and Payment Provisions 3

Exhibit B, Attach I Contractor's Cost Sheet TBD

Exhibit C * General Terms and Conditions (GTC 02/2025) *

Exhibit D Additional Provisions 10

Items shownwith an asterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

TBD

CONTRACTOR BUSINESS ADDRESS

TBD

CITY STATE ZIP

PRINTED NAME OF PERSON SIGNING

TBD

TITLE

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

SAM

PLE

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

P2540008 PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: 3600-P2540008

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief - Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2540008 Exhibit A – Scope of Work Contractor: TBD

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) operation of the San Luis Obispo Wildlife Area (SLOWA) shooting range in accordance with the specifications, terms, and conditions contained herein.

This Contract retains a Contractor to operate and maintain the SLOWA public shooting range as a public shooting range and for firearms and hunter safety-oriented educational uses.

Such uses of the Shooting Range include public archery and firearm target shooting, home firearm safety training and education, hunter safety and education training, and other public recreational shooting events.

CDFW reserves complete control and use of the area within its property boundaries, outside of the Shooting Range.

CDFW reserves the right to enter into interagency agreements or other agreements as necessary to allow law enforcement agencies use of the public shooting range, on CDFW’s terms. Such use will be coordinated with the Contractor to avoid interference with public use.

2. Location of Services

The services will be performed at 3272 Gilardi Rd., San Luis Obispo, CA 93405.

3. Service Schedule

Unless restricted by any unsafe conditions (such as inclement weather, poor road conditions, unexploded ordinances, etc.), the Contractor will open and operate the shooting facility for the public at least five days per week, less any State or federal holidays on which the Contractor elects to close the range. The Contractor will be available on-site during all hours of operation. The Contractor will open the public shooting range only between one-half hour before sunrise and one-half hour before sunset, except for the lighted ranges. The lighted front ranges (shotgun ranges, and rifle pistol long range) will be open only between one-half hour before sunrise and 10:00 pm (PST). The Contractor will close the range to the public and allow no shooting on Tuesdays (14 CCR Section 551 (v)(3)(C)). The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Contract Manager Contractor Project Officials

Name: Dave Hacker Name: TBD Phone: (805) 594-6152 Phone: TBD Email: David.Hacker@wildlife.ca.gov Email: TBD

Direct all inquiries to: Direct all inquiries to

California Department of Fish and Wildlife To Be Determined mailto:David.Hacker@wildlife.ca.gov

Section: Wildlife Management Coastal Section: TBD Attention: Dave Hacker Attention: TBD Address: 3196 South Higuera Street, Suite A

San Luis Obispo, CA 93401 Address: TBD

Phone: (805) 594-6152 Phone: TBD Email: David.Hacker@wildlife.ca.gov Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

5. DEFINITIONS

A. ACH/EFT: Automated Clearing House/Electronic Funds Transfer is the process of moving funds electronically from the Contractor’s bank account to the State Bank account.

B. ALDS: Automated License Data System designed to sell items and track revenue via the ALDS Internet Point of Sale (IPOS) terminal.

C. ALDS IPOS DEPOSIT: A deposit to partially secure the ALDS IPOS Terminal and the State Funds collected through ALDS IPOS sales transactions.

D. ALDS IPOS TERMINAL: The ALDS IPOS Terminal includes the following equipment:

touch screen terminal, license printer, bar code reader, cabling, and any other hardware associated with the ALDS System as provided by CDFW and/or designated equipment vendor to the Contractor.

E. CEQA: California Environmental Quality Act F. EQUIPMENT: A tangible long-term asset that benefits an organization over several years of use. Computers, vehicles, tools, machinery, furniture, and fixtures are all examples of equipment.

G. ESP: Environmental Stewardship Plan H. SLOWA DEPOSIT ACCOUNT: This is a bank account established by the Contractor for the deposit of all SLOWA Shooting Range fees. The state has access to process ACH/EFT transactions from this account. This account must be separate from the Contractor’s other operational accounts.

I. CDFW: California Department of Fish and Wildlife.

J. IPOS DATA CONNECTION: A high-speed internet connection that will be used with the ALDS IPOS Terminal.

K. LRB: The California Department of Fish and Wildlife's License and Revenue Branch which manages the CDFW's sales processes.

L. RSO: Range Safety Officer M. STATE FUNDS: All monies collected for activities on SLOWA as well as any of the following levied by CDFW: penalty and interest fees, administrative fees, non-sufficient funds (NSF) charges, bad check fees, unreturned cancelled document charges, and/or non-returned inventory charges.

6. Scope of Work

A. Background and Objectives

The CDFW owns a shooting range facility located within the San Luis Obispo Wildlife area. The facility contains four (4) shooting venues (which include action pistol, rifle, shotgun, and archery ranges), a single-family State-owned residence (unlivable and not for use by the Contractor), a meeting hall, and other associated structures, all of which are hereinafter referred to as the Shooting Range, as outlined in Exhibit A, Attachment 1

– SLOWA Shooting Range Location and Layout. The objective of this contract is to secure the services of a qualified and experienced contractor to operate and maintain the Shooting Range for the benefit of the public.

B. Agreement Term

The term of this contract will be for approximately three (3) calendar years, commencing upon contract execution, with rights of termination as are set forth in this contract.

This agreement can be amended to extend the term by one year per each amendment, up to two times, if it is determined to be in the best interest of the State. This agreement and its amendments will not exceed a contract term of five (5) years. If amended, the Contractor agrees to provide services at the original rates noted in their proposal.

C. Work to be Performed

The Contractor will be responsible for the safe operation and maintenance of the four (4) venue shooting ranges as identified on Exhibit A, Attachment 1 – SLOWA Shooting Range Location and Layout, at the SLOWA Shooting Range in San Luis Obispo County.

Specific activities include:

1) Shooting Range Activities and Fees

a. The Contractor will provide public shooting opportunities at the Shooting Range for a minimum of 25,000 users per year, though users may approach or exceed 200,000 per year based on usage history. Shooting opportunities will be available at least five days per week less any State or federal holidays, on which the Contractor elects to close the range to the public, and unless weather or other unforeseen extraneous events occur that make the operations unsafe. The Contractor must allow public access for all Required Activities outlined in Exhibit A, Attachment 2 - Shooting Range Activity and Fee Schedule.

b. The Contractor will charge for activities in accordance with the Fee Schedule outlined in Exhibit A, Attachment 2 – Shooting Range Activity and Fee Schedule.

This schedule includes Required Activities that must be carried out continuously throughout the term of the contract.

c. In addition to the Required Activities, there may be special events that occur seasonally or on a one-time basis. For any activities not listed in Exhibit A, Attachment 2 - Shooting Range Activity and Fee Schedule under “Required Activities and Fees”, CDFW will determine the applicable fee or cost to be charged by the Contractor. The Contractor may collaborate with CDFW to propose ideas for special events and/or activities; however, all final decisions including associated fees will be made by CDFW.

2) Automated License Data System (ALDS)

The Contractor will be responsible for acquiring, installing, and operating ALDS hardware and software. Except as provided in item 3 below, all fees collected for activities on the Shooting Range will be processed through ALDS and directly deposited into the Contractor’s bank account identified for deposit of state funds (SLOWA Deposit Account).

The Contractor must not collect any fees for access to the SLOWA, the Shooting Range, or any services at the Shooting Range outside of ALDS, as outlined in section F of this Scope of Work (SOW), except as provided in section 6.C.3, below.

3) Use of Shooting Range by Public Law Enforcement Agencies

The Contractor may enter into agreements with public law enforcement agencies for their use of the Shooting Range, subject to CDFW written approval. All public agency payment for Shooting Range use will be deposited to the SLOWA Deposit Account and reported monthly to CDFW.

4) Facility Rentals and Special Use Permits

a. The Contractor agrees that rental of facilities (such as the Hunter Education

Building and BBQ area) under this contract is permitted only for activities or events directly related to Hunter Education, archery and firearms safety, or use of the Shooting Range. Applicable rental fees must be charged in accordance with Exhibit A, Attachment 2 – Shooting Range Activity and Fee Schedule.

b. Any use of facilities for purposes outside the scope of this Contract requires prior approval from CDFW through a Special Use Permit, pursuant to Title 14, California Code of Regulations, section 550.5. Information and requirements for obtaining a Special Use Permit are available at: https://wildlife.ca.gov/Lands.

5) Shooting Range Operations Plan

a. The Shooting Range Operations Plan – Initial Submission: The Contractor must develop a comprehensive Shooting Range Operations Plan outlining the day-to-day operations of the shooting ranges, including a schedule of any planned or recurring matches for the upcoming calendar year. The plan must include:

• Mapped locations of all existing rifle target positions;

• Safety measures and protocols to be implemented; and

• A description of procedures for recordkeeping and retention.

The Contractor will submit the initial draft Shooting Range Operations Plan as part of their proposal package. Upon execution of the contract, CDFW will have 30 calendar days to review the submitted plan and provide written comments and/or feedback. The Contractor will then have 30 calendar days from receipt of CDFW’s comments to incorporate all required changes and submit a final version of the plan for CDFW’s approval.

b. Subsequent year Shooting Range Operations Plans or any amendments of the plan will be submitted to the CDFW Contract Manager for approval by December 1 of each year of the Contract.

c. CDFW will have final approval authority over the Shooting Range Operations Plan.

6) Environmental Stewardship Plan

a. The Contractor will prepare and implement an Environmental Stewardship Plan (ESP) for the Shooting Range. The ESP must be consistent with best practices outlined in the National Shooting Sports Foundation’s manual, Environmental Aspects of Construction and Management of Outdoor Shooting Ranges (Appendix C), or the Environmental Protection Agency’s manual, Best Management Practices for Lead at Outdoor Shooting Ranges (Appendix E).

b. The ESP must cover the full term of this Contract and include a detailed plan and schedule for the remediation and removal of lead ammunition, shotgun wads, and refuse from the Shooting Range.

c. The Contractor will submit the initial draft ESP as part of their proposal package.

Upon execution of the contract, CDFW will have 30 calendar days to review the submitted plan and provide written comments and/or feedback. The Contractor will then have 30 calendar days from receipt of CDFW’s comments to incorporate all required changes and submit a final version of the plan for CDFW’s approval.

d. CDFW reserves the sole and absolute right to require edits, modifications, or additions to the ESP, and the Contractor must bear all costs associated with the development, revision, and implementation of the plan.

7) Lead Ammunition Removal Requirements

The Contractor will remove lead ammunition from the public shooting venues on the Shooting Range. The Contractor will complete, at a minimum, one complete lead abatement on the rifle-pistol range, shotgun ranges, and action pistol range within 18 months of contract approval.

8) Range Safety Officer

a. The Contractor will provide and assign at least one (1) Range Safety Officer (RSO) to each of the venues where firearms or archery equipment are discharged. A RSO is a person who has training and possesses the knowledge and skills essential to organizing, conducting, and supervising safe shooting activities and range operations. At least one RSO must be present at each venue when that venue is in use.

b. All RSOs must be certified by a state or nationally recognized firearms organization. Contractor must maintain records of each RSO’s certifications and provide such information to the CDFW Contract Manager upon contract approval and annually thereafter on July 1 of each year of the Contract. The Contractor will also ensure that all certifications are current and up to date.

c. The Contractor must not allow any person to enter SLOWA, except in areas designated as public shooting facilities and only under the supervision of the RSO.

9) Liability Waiver

The Contractor will require all visitors to the Shooting Range to sign a liability waiver, which will be valid for one year from the signature date. The liability waiver will hold harmless and indemnify CDFW from liability for injuries, damages, losses, or other costs arising from the use of the ranges at the Shooting Range Contractor will retain all liability waivers and make them available to CDFW for a period of not less than five (5) years after the end of the contract. See Exhibit A, Attachment 3 - Sample Liability Waiver.

10) Maintenance of Shooting Range

a. Each year, prior to March 1, the Contractor must meet with the CDFW Contract Manager to develop a prioritized list of projects (such as repairs or deferred maintenance) intended to keep the Shooting Range facilities in good condition.

b. The Contractor may perform or subcontract maintenance services, including minor repairs, but excluding any work classified as Public Works. Written approval from the CDFW Contract Manager is required before the Contractor may begin any maintenance project.

c. Maintenance will be permitted to begin only after CDFW has complied with the

California Environmental Quality Act ("CEQA") as applicable, and approved the complete plans and specifications for said project. Once CDFW has received such plans and specifications, CDFW will have up to a 120-day review period in which to respond to Contractor’s approval request.

d. For all such work on the Shooting Range, the Contractor will obtain and maintain the standing of all certificates, permits, licenses and other approvals that may be required from any third party in connection with the uses and activities under this contract. In addition, the Contractor will ensure that all maintenance work is performed by a licensed Contractor registered with the California State License Board (CSLB) and the Department of Industrial Relations (DIR), where required.

e. All such work must comply with the provisions of the Americans with Disabilities Act (28 Code of Federal Regulations, Part 36), its implementing regulations, and similar local ordinances, in order to make the Shooting Range facilities, whether existing or new, accessible to visitors.

f. The obligations of Contractor under this section will survive the expiration or termination of this contract.

g. The Contractor agrees to keep the Shooting Range in good order and condition at Contractor’s sole cost and expense. Without limiting the preceding sentence, the Contractor agrees, at the Contractor’s sole cost and expense, to repair and maintain in good operating condition any and all improvements on the Shooting Range.

11) Fire Break Maintenance

Throughout the contract term, the Contractor will maintain in good working order fire breaks at Contractor’s sole cost and expense. At a minimum, the Contractor will maintain a fire break surrounding the target area at the rifle and pistol range. The Contractor will maintain a 10-foot radius of bare mineral soil around all targets.

12) Utility Fees and Related Costs

The Contractor agrees to pay all water, electricity, gas and other utility fees (including stand-by fees), taxes, charges, and assessments (including water assessments), and any other sums attributable to or payable in connection with the Contractor’s use of SLOWA during the Term of this contract, as reasonably determined by CDFW. The obligations of the Contractor during the term of the agreement under this section survive the expiration or termination of this contract. No utilities will be provided by CDFW and CDFW assumes no liability for the presence or absence of utilities.

13) Security Requirements

The Contractor will provide a security presence to monitor SLOWA during all non-shoot hours, at the Contractor’s expense.

14) Prohibited Substances and Safety Enforcement

To ensure safe operations of the shooting range and to limit liability for CDFW and the Contractor, controlled and illicit substances, including alcohol and marijuana, are prohibited for anyone using any of the shooting ranges. The Contractor will post appropriate signage to communicate this requirement and enforce these regulations.

(See 14 CCR 550(x), 551(v)(3)(D)).

15) Record Retention and Access

The Contractor will retain all financial transaction records, range user waivers, and documents related to activities and operations on the Shooting Range on a secure cloud storage service for the life of the contract and one additional year beyond the contract term. The Contractor will make such records available to CDFW for the life of the contract and for one year beyond the contract term.

D. Contractor Minimum Qualifications/Requirements

1) The Contractor must be a non-profit organization dedicated to promoting hunter education and firearm safety and must remain in good standing as a corporation in the State of California for the entire duration of this Contract.

2) The Contractor must be able to provide Range Safety Officer(s) at all times on ranges where the discharge of firearms or archery equipment is occurring. All RSOs provided by the Contractor must be certified in gun and range safety by a State or Nationally recognized organization. Information about such certification can be found at:

http://range.nra.org/become-a-range-safety-officer.aspx.

3) The Contractor must meet all requirements to set up and operate Automated License

Data System (ALDS). For all requirements regarding ALDS, refer to section F, Terms of Sale of Shooting Range Fees, within this Exhibit.

E. Special Terms and Conditions

1) UNEXPLODED ORDNANCE. Prior to ownership by CDFW, SLOWA was a functioning range operated by the California National Guard and the United States Army. During this time, ordinance was regularly fired in the area and there is a possibility that Unexploded Ordinance (UXO) remains within the confines of SLOWA.

For this reason, CDFW may need to close the ranges at SLOWA for periodic UXO surveys by military personnel. Similarly, in the event that UXO is located, the Contractor will immediately notify CDFW and close the facilities or ranges as necessary until any potential safety issues are remediated.

2) The Contractor agrees to indemnify and save harmless State, its officers, agents, and employees from any and all claims and losses to any person, firm, or corporation, arising out of the potential presence of UXO. In addition, the Contractor, and its member organizations, will include a statement warning of the potential for UXO on SLOWA and a hold harmless statement specific to UXO will be included within the liability waivers signed by all users/visitors of SLOWA.

3) REVENUE GENERATING ACTIVITIES. Other than those fees identified in Exhibit A, Attachment 2 – Shooting Range Activity and Fee Schedule, the Contractor will not sell ammunition or supplies or otherwise operate any type of concessions on SLOWA. This includes any charges to persons utilizing SLOWA for shooting or other http://range.nra.org/become-a-range-safety-officer.aspx activities. Vending machines for food or drink items may be provided at the expense and responsibility of the Contractor.

4) USE OF REVENUE. All revenue generated at the SLOWA or collected for activities at the SLOWA will be used only for operating and maintaining the SLOWA, including the shooting range facilities, or for improvements at SLOWA if approved in writing by CDFW. The Contractor will ensure that all equipment and materials purchased with revenue generated at the SLOWA, or obtained through grants for SLOWA activities, will remain on the SLOWA. The obligations of the Contractor under this section survive the expiration or termination of this contract.

5) INVENTORY. Contractor will develop a complete equipment inventory in collaboration with CDFW within 60 days following contract approval. Contractor will maintain the inventory list from that point forward and will provide it to CDFW upon request. The equipment and materials on site are state property and may not be removed without the written permission of CDFW. Contractor will account for and inventory all equipment and materials purchased with revenue generated at the SLOWA, or obtained through grants for SLOWA activities. The Contractor will disclose this inventory to CDFW annually. Additional equipment and materials funded by this contract will become state property.

6) REGULATION BY CDFW. Activities under this contract will be conducted only in a manner which will not interfere with the safe and orderly operation and management of the Shooting Range or its easements and rights of way. In the event CDFW determines that any operation or the conduct of any person under this contract interferes with any CDFW activity, the Contractor agrees to discontinue such operation or remove such person immediately after notice thereof.

7) CONTRACTOR RESPONSIBILITY/AUTHORITY: The Contractor is solely responsible for the safe operation of the Shooting Range and has the authority to expel people who are using the facility in a disruptive or unsafe manner. Procedures for expelling individuals from SLOWA will be included in the Operations Plan described above.

8) WATER. The Contractor understands and agrees that CDFW does not guarantee the availability of water to, or quality or quantity of any water that may be available on, SLOWA. The Contractor will be responsible to confirm the availability of water if needed for the Contractor’s use. The Contractor will not develop water facilities, such as new wells or new pipelines, on SLOWA without the prior written approval of

CDFW.

9) BURNING & FIREFIGHTING COSTS. No burning is allowed on SLOWA without the prior written consent of CDFW. The Contractor will be responsible for all firefighting costs, including inspections and prevention measures, arising from the use of SLOWA under this contract.

10) CDFW USE OF FACILITIES. CDFW may periodically utilize the Hunter Education building when such use does not conflict with events or meetings scheduled by the Contractor.

11) TUESDAY RANGE CLOSURE. All discharge of firearms or archery equipment on the Shooting Range is prohibited on Tuesdays per California Code of Regulations Title 14 Section 551(v)(C).

12) GRAZING. The Contractor acknowledges that CDFW retains the right to allow grazing on the Shooting Range.

F. Terms of Sale of Shooting Range Fees

1) CDFW agrees to:

a. Create ALDS items for activities to facilitate the collection and tracking of all monies collected for activities on SLOWA (SLOWA Shooting Range fees).

b. Provide the Contractor access to daily, weekly, and monthly detailed and summary reports of sales activity.

c. Provide the Contractor access, through the ALDS IPOS Terminal, to detailed and summary reports of their sales activities and charges to be included in the ACH/EFT at least 24 hours prior to the ACH//EFT.

d. Provide, upon request, the paper stock necessary to conduct item sales business through the ALDS IPOS Terminal.

e. Provide a toll-free Help Desk number to address all hardware and software problems.

f. Ship ALDS IPOS replacement device(s) within two business days of incident Monday through Friday (if reported prior to 1:00 p.m. PST).

2) CONTRACTOR OBLIGATIONS OF SALE:

a. The Contractor agrees to comply with all applicable laws, rules, processes, and policies, as well as instructions issued by CDFW. The Contractor agrees that if there is a question or concern related to complying with an authority, they will promptly contact CDFW LRB for instruction.

b. All Shooting Range Fees authorized to be sold under this Contract may only be sold by the Contractor or employees of the Contractor designated in this Contract.

c. The Contractor is prohibited from charging any fee for Shooting Range Fees or services in excess of the fees established in this contract.

d. The Contractor is prohibited from exchanging any parts, including the software, of the ALDS IPOS Terminal with any other Contractor.

e. Under the terms of this Contract, neither the Contractor nor the Contractor’s employee(s) or volunteers are employees, agents or officers of CDFW, nor will they make any claim of right, privilege, or benefit which would accrue to an employee, agent, or officer of CDFW. The services rendered by the Contractor under this Contract are those of an independent Contractor.

f. The Contractor is responsible for all actions of all its employees, Contractors, and any other subordinates, including but not limited to volunteers.

g. The Contractor is required to provide and maintain their own internet service for the ALDS IPOS data connection.

h. The Contractor must proactively maintain, and safeguard, an adequate supply of the license paper stock by contacting CDFW to maintain appropriate inventory levels.

i. The Contractor agrees to return the ALDS IPOS Terminal and unused paper stock within ten (10) days of the end of this contract.

j. SALES: The Contractor agrees to sell and/or issue all authorized Shooting Range Fees as defined in Exhibit A, Attachment 2 - Shooting Range Activity and Fee Schedule, through the ALDS IPOS.

k. CURRENT BUSINESS INFORMATION: The Contractor and/or the

Contractor’s employees are responsible for ensuring that CDFW's Contract Manager and LRB is informed in writing prior to any changes in the following items: any changes in corporate status with the Secretary of State, business name, address, phone number, IPOS data connection, business ownership or management changes, in addition to any banking or savings account assignment information.

l. The Contractor holds all State Funds in trust for CDFW, pursuant to the Fish and Game Code. As provided by the Contract, CDFW will access the Contractor's ACH/EFT account on a weekly basis to withdraw State Funds.

i. State Funds will be deposited and available in the ACH/EFT account for electronic fund transfer (“sweep”) before the close of the business day each Wednesday. Sweep will include all Shooting Range fees collected from sales occurring from 12:00 a.m. Saturday through 11:59 p.m. of the following Friday, as well as other outstanding charges.

ii. CDFW may change the ACH/EFT schedule if necessary, at any time by notifying the Contractor prior to the sweep.

iii. The Contractor must defend the SLOWA Deposit Account against levies and garnishments that are not related to CDFW ACH/EFT sweeps. The Contractor must notify CDFW if it is served any notice of a levy, garnishment, or till tap impacting the SLOWA Deposit Account. CDFW reserves the right to refer defense of the SLOWA Deposit Account to the Office of the Attorney General.

m. NON-SUFFICIENT FUNDS (NSF) FEE: In the event the Contractor fails to have sufficient funds in the ACH/EFT account when swept, a penalty of thirty dollars ($30) will be assessed by the CDFW for each failed ACH/EFT sweep.

i. The Contractor agrees that this amount is an appropriate penalty for failing to have the required funds available in the ACH/EFT account at the time required by Section 8.2.

ii. Failure to remit State Funds at the time required by this Contract will constitute a failure to comply with the terms of this Contract.

iii. The Contractor understands and agrees that if the amount due has not been paid on the date of the next scheduled sweep, CDFW may disable the ALDS IPOS Terminal(s) and the Contractor will not be authorized to sell Shooting Range Fees until all balances owed, including penalties, are paid in full. CDFW will report missing State Funds to law enforcement for investigation and enforcement.

iv. If the Contractor receives two or more NSF notifications within a year, this contract may be terminated, for cause, by the CDFW. In the event of a contract termination for cause, the Contractor must keep all bank accounts associated with their SLOWA Deposit Account open until the Contractor Project Director receives written notification from the CDFW Contract Manager indicating that an audit has been completed and their SLOWA Deposit Account can be closed.

n. CANCELLED ITEMS: Range Fees sold in error that are cancelled through the

ALDS IPOS Terminal will be immediately credited to the Contractor’s account and must be returned to the CDFW LRB within thirty (30) days.

i. The Contractor must submit all cancelled items to the CDFW LRB.

ii. Cancelled items not returned within the 30-day period will be charged back, at the value of the item(s) to the Contractor account.

iii. The Contractor may only be authorized to cancel items within ninety (90) minutes of purchase. All cancellations of items must be performed through the ALDS IPOS Terminal.

iv. Cancelled Shooting Range Fees not processed through the ALDS IPOS Terminal are unauthorized and will not be honored by the CDFW.

o. RECONCILIATION OF WEEKLY ACCOUNT NOTICES: The Contractor is responsible for the reconcilement of weekly account notices. The Contractor is also responsible for reporting by 5:00 PM every Tuesday any suspected discrepancies in their weekly account notices to the CDFW LRB, who will work with the Contractor to resolve the discrepancy.

p. LOGIN AND PASSWORDS: The Contractor is responsible for assigning all sales and administrative privileges to designated staff. The Contractor is responsible for ensuring that all staff accessing the ALDS are assigned individual usernames (login) and passwords. The Contractor is responsible for ensuring that individual passwords are secure and that employees are instructed not to share usernames or passwords.

q. REPORTING HARDWARE AND SOFTWARE PROBLEMS: The Contractor must immediately report any problems or maintenance issues related to the ALDS IPOS Terminal to the ALDS Help Desk.

i. The Contractor must ensure that staff cooperate with the ALDS Help

Desk.

ii. Should a Range Fee Document (Range Access Permit) not print due to hardware problems, the Contractor agrees to contact the ALDS Help Desk immediately to troubleshoot, resolve, and document the problem.

r. SPECIFIC COMMITMENTS REGARDING CDFW AND ALDS IPOS

TERMINAL

i. Duty Regarding ALDS IPOS Terminals: The Contractor must safeguard the ALDS IPOS Terminal(s) issued by CDFW and/or designated provider. The Contractor must provide a secure area for all ALDS IPOS Terminals and associated equipment to prevent unauthorized access or damage. The Contractor will compensate CDFW for any loss or damage to the ALDS IPOS Terminals, associated equipment.

ii. Maintenance of Supplies, Sales Terminals, and Associated Equipment:

The Contractor agrees to maintain, and protect CDFW's interest in the ALDS IPOS Terminal(s), associated equipment and supplies.

Compensation to CDFW will be based upon the cost of replacement or repair as determined by CDFW or service provider as designated by

CDFW.

iii. CDFW Access: The Contractor must allow CDFW access to the

Contractor premises during normal business hours or, upon agreement at other times, to install, repair, maintain, or inspect ALDS equipment.

CDFW or designees of CDFW may require remote access to the ALDS IPOS Terminals.

iv. Return of Damaged Equipment: The Contractor must return broken, damaged, or malfunctioning equipment within two (2) business days to the location as designated by the ALDS Help Desk, preferably in the original packaging. The Contractor agrees to pay CDFW for any damage incurred by the unauthorized removal, destruction, or alteration of ALDS IPOS Terminal or other related property or Department property and for shipping costs if equipment is determined to be negligently damaged.

v. Repairs: If repairs are necessary and authorized by CDFW, the

Contractor is required to return the ALDS IPOS Terminal and all associated equipment to the location designated by CDFW LRB.

s. ALDS IPOS DEPOSIT: The CDFW will charge a deposit of $1,000.00 for each

ALDS IPOS Terminal issued to the Contractor.

i. If the Contractor returns the equipment undamaged within ten (10) days of contract termination and all State Funds have been paid in full, CDFW will refund the deposit. After 30 days of contract termination, CDFW will refund 50% of the deposit less any State Funds still owed to the CDFW for the return of any undamaged equipment.

t. DAMAGED/UNRETURNED EQUIPMENT FEES: Monetary fees will be assessed for damaged or unreturned equipment.

i. The Contractor will be assessed a fee of up to $2,500.00 for unreturned ALDS IPOS Terminals and associated equipment which have been damaged intentionally, due to negligence or by malicious act.

ii. Fees will not be assessed for defective equipment.

u. PRIVACY: Personal information collected, used, or acquired in connection with this contract, will be used by Contractor solely for the purposes of this contract.

i. The Contractor and all Contractor's employees agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of CDFW, ordered by a court, or as otherwise provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information.

ii. The Contractor must notify CDFW LRB of all subpoenas for CDFW records immediately upon receipt. Requests for other records, which may or may not be Public Records Act requests, may be referred to

CDFW at: https://wildlife.ca.gov/General-Counsel/Public-Records- Requests

iii. CDFW reserves the right to monitor, audit, or investigate the use of personal information collected, used, or acquired by the Contractor throughout this contract. The monitoring, auditing, or investigating may include, but is not limited to, "salting" by CDFW. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. The Contractor will certify the return or destruction of all personal information upon expiration of this contract.

iv. Any breach of the Privacy section may result in immediate termination of the contract, for cause, and the demand for return of all personal information in addition to any other remedies available by law.

v. For the purposes of this section, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers.

v. CDFW LICENSE AND REVENUE BRANCH (LRB) CONTACT

INFORMATION:

The Contractor may contact LRB by the following methods:

i. Physical Location:

California Department of Fish & Wildlife License and Revenue Branch 715 P Street, 16th Floor Sacramento, California 95814

Mailing Address:

P.O. Box 944209 Sacramento, CA 94244-2090

ii. CDFW LRB Fax Number: (916) 419-7587

iii. For Contractor Account Assistance call CDFW LRB at (916) 928-5805

iv. For License Issuance Questions call CDFW LRB Help Desk at (916)

928-2537 https://wildlife.ca.gov/General-Counsel/Public-Records-Requests https://wildlife.ca.gov/General-Counsel/Public-Records-Requests

v. For ALDS Equipment Assistance call the 24-hour ALDS Help Desk at

(800) 964-7812

3) CONTRACTOR OBLIGATIONS FOR SALES PROCESSING AUDITING AND

TRACKING:

a. Processing procedures

i. The Contractor will annually provide the CDFW Contract Manager with a SLOWA Deposit Account statement and annual income statement that includes all incoming expenditures associated with SLOWA Range Fees by January 30, for the preceding year. The obligations of Contractor under this section survive the expiration or termination of this contract.

ii. The Contractor will annually provide the CDFW Contract Manager with a transactional statement and a chart of accounts with a profit/loss statement showing all SLOWA related transactions by January 30, for the preceding year. The obligations of the Contractor under this section survive the expiration or termination of this contract.

iii. Issuance Controls

1. The Contractor will work with CDFW to ensure that all fees collected for activities on the property are established in ALDS, except for public agency use as provided for in section 6.C.3.

2. Unless an activity is being permitted by CDFW as a Special Use

Permit or public agency use as provided for in section 6.C.3, all fees collected for activities on the property must be run through ALDS.

3. The Contractor cannot collect any fees outside ALDS, except for public agency use as provided for in section 6.C.3.

iv. Tender processing, Sales Reconciliation and deposits of fees

1. The Contractor will acquire and establish credit card processing equipment and accept credit card payments from Visa and

Mastercard, which will deposit funds directly into the SLOWA

Deposit Account. The Contractor may also accept payments by check and/or money order. CDFW has a “no cash” policy and the

Contractor will not conduct any transactions using cash.

2. The Contractor must track and secure all fees tendered.

3. Within ninety (90) days of the execution of the Contract, the

Contractor will work with CDFW to define and create a daily sales reconciliation form to be used by the Contractor to perform daily sales reconciliation. The Contractor must retain these completed forms along with the daily ALDS sales report for at least five (5) years after the term expiration of the contract.

4. The Contractor must reconcile daily all fees tendered (check, credit card) to the ALDS sales reports and all monies deposited to the SLOWA Deposit Account identified for state funds on a regular basis.

5. Weekly, the Contractor will review, reconcile, and validate the sales reports, account statement and automated invoice generated by ALDS to ensure they are accurate.

6. Weekly, the Contractor will ensure the funds have been deposited to the Account and the balance is sufficient to cover the weekly ACH/EFT to the state.

v. Range Access controls:

1. Range Access controls: The Contractor must ensure that Range

Access permits are completed according to the instructions on the permit. The Contractor must inform customers to keep the permit in their possession at all times while on the range; and surrender the permit to the range master when required by the venue.

b. Audit processes & procedures

i. The Contractor will regularly (at least once daily) visit each active venue to ensure all participants have the proper ALDS access permits in their possession (or have surrendered them to the range master, as appropriate for the venue).

c. CDFW will periodically perform onsite audits to ensure sales and issuance controls are being followed and/or audit each active venue to ensure all participants have the proper ALDS access permits.

d. CDFW reserves the right to make random onsite audits to ensure that Issuance control and range access control procedures are being followed.

G. Schedule of Completion Dates

Activity Date(s)/Deadlines

Contractor to produce Final SLOWA Operations Plan and provide it to the CDFW Contract Manager for review and approval.

Within 30 days after receipt of CDFW comments/feedback

Contractor will provide and assign at least one

(1) RSO to each of the venues where firearms or archery equipment are discharged.

Throughout contract term.

Contractor to provide annual report with 1) SLOWA Deposit Account statement and annual income statement; 2) transactional statement and a chart of accounts with a profit/loss statement showing all SLOWA related transactions; and 3) Inventory and accounting of all equipment and materials obtained with revenue generated at or grants obtained for

SLOWA.

Annually on January 30, for preceding year.

Contractor to provide RSOs certified by a state or nationally recognized firearms organization to the CDFW Contract Manager.

Annually on July 1 of each year of the Contract

The Contractor will meet with the CDFW Contract Manager

Annually, prior to March 1 of each year of the Contract

Contractor to prepare Final ESP and submit to CDFW for review.

Within 30 days after receipt of CDFW comments/feedback

Contractor to provide complete equipment inventory, developed in collaboration with

CDFW.

Within 60 days after contract approval.

Contractor to conduct lead abatement and clean-up activities per the ESP.

Within 18 months after contract approval.

Open public shooting facility

At least five days per week between one-half hour before sunrise and one-half hour before sunset, except for the lighted ranges and during exceptions described in Section 3 of this Scope of Work. The lighted ranges will be open only between one-half hour before sunrise and 10:00 pm.

Daily, weekly and monthly detailed and summary reports of sales activity.

Provide CDFW continuous access

Provide access, through the ALDS IPOS Terminal, to detailed and summary reports of their sales activities and charges to be included in the ACH/EFT.

At least 24 hours prior to the

ACH//EFT

Reconciliation of weekly account. Weekly

Contractor to report by 5:00 PM every Tuesday any suspected

Activity Date(s)/Deadlines

Reconciliation of weekly account notices. discrepancies in their weekly account notices to the CDFW LRB

Reconciliation of all fees Daily

Reconciliation and validation of all sales reports, account statement and automated invoice generated by ALDS.

Weekly

Review all funds have been deposited Weekly

Contractor to visit each active venue Daily

Onsite audits Randomly at CDFW’s discretion

H. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW. Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

1) COMMERCIAL GENERAL LIABILITY

Contractor must maintain Commercial General Liability insurance with limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) per occurrence and THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) aggregate, as well as Fire Legal Liability of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00).

The policy must include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under this contract as an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the limits of liability of the policy.

The policy must include State of California, Department of Fish and Wildlife, and its officers, agents, and employees as additional insureds by endorsement, but only insofar as the operations under this contract are concerned.

2) AUTOMOBILE LIABILITY

Contractor must maintain motor vehicle liability with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per accident. The policy must include the State of California, Department of Fish and Wildlife, and its officers, agents, and employees as additional insureds by endorsement with respect to liability arising out of all vehicles owned, hired and non-owned.

3) WORKER’S COMPENSATION

Contractor must maintain statutory workers’ compensation and employer’s liability coverage for all its employees who will be engaged in the performance of activities under this contract, including special coverage extensions where applicable.

Employer’s liability limits of ONE MILLION DOLLARS ($1,000,000.00) shall be required, and the policy shall include a waiver of subrogation in favor of CDFW.

4. GENERAL REQUIREMENTS

Contractor must ensure that each policy of insurance meets the following general requirements:

i. Insurance Companies must be rated at least A-/FSC Class VII by A.M.

Best Company.

ii. Contractor must provide CDFW with true copies of the policies and certificates of all required insurance satisfactory to CDFW upon execution of this contract and within thirty (30) days after each insurance policy renewal.

iii. Coverage must be in force for the complete Term of this contract. If an insurance policy expires or is non-renewed during the Term, then CDFW must receive true copies of new policies and new certificates of insurance within ten (10) days following the expiration date of the existing policy. This new insurance must still meet the original requirements of this contract.

iv. Insurance policies must contain a provision that coverage will not be cancelled, non-renewed or materially modified without at least thirty

(30) days prior written notice to CDFW.

v. Contractor shall provide CDFW a copy of any notice of cancellation, material modification or non-renewal of insurance within five (5) business days following receipt.

vi. Contractor is responsible for any deductible or self-insured retention contained within the insurance program.

vii. In the event Contractor fails to keep in effect at all times the specified insurance coverage, CDFW may, in addition to any other remedies it may have, close SLOWA for all uses until evidence is provided indicating that the required insurance has been acquired. CDFW may also choose to terminate this Contract upon the occurrence of such event, subject to the provisions of this Contract.

viii. Any insurance Contractor is required to carry must be primary, and not excess, to any insurance carried by the CDFW, as it relates to SLOWA and Contractor’s operations.

ix. CDFW must not be liable for the payment of any premiums or assessments on the required insurance coverage.

P2540008 - Exhibit A, Attachment 1

SLOWA Shooting Range Location and Layout

The red line outlines the boundaries of the Shooting Range.

SHOOTING RANGE LAYOUT

AND

INFORMATION

Shooting Venues

The Primary Public Area has significant parking and 4 main Ranges:

1. Archery Range

2. Trap Field

3. Trap Skeet Field

4. Rifle Pistol Long Range

The primary structures in the area are the following:

A.

A. Archery building – has power and internet connectivity. Used for check in for the archery trap and skeet shooting. This building could be used to house ALDS devices

B. Storage building – Has power and a satellite dish

C. Hunter Education Facility – has power and internet connectivity. Has a small kitchen area and 2 large BBQ pits just outside. This building is used for Hunter Education

Training.

D. Storage sheds –Multiple Storage Sheds

E. Mobile home (uninhabitable, not available to contractor).

F. Rifle Pistol Range Main Office - Check in occurs with the range master opposite the hallway from the office. The main office has power and internet connectivity.