AGR-6975 - PRADO FAMILY SHOOTING RANGE INC - FY 2020-21 SHOOTING RANGE SERVICES AGREEMENTCxK-b`f i.
PROFESSIONAL SERVICES AGREEMENT
Range Services]
TffiS PROFESSIONAL SERVICES AGREEMENT (the "AgreemenY') is made at
Orange, California, on this c i-day of 2020 (the "Effec6ve Date") by and
between the CITY OF ORANGE, a municipal on ("City"), and PRADO FAMILY
SHOOTING RANGE, a California corporafion("Contractor"), who agree as follows:
1.Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement, Conhactor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restricrions in
performing the work. Contractor shall perform all services in a manner reasonably sarisfactory to
City and in a manner in conformance with the standards of quality normally observed by an en6ty
provided such services to a municipal agency. All services provided shall conform to all federal,
state and local laws,rules and regularions and to the best professional standazds and pracrices. The
terms and conditions set forth in this Agreement shall control over any terms and condirions in
Exhibit "A" to the conlrary.
Joel Nigro, Sergeant ("City's Project Manager"), shall be the person to whom Contractor
will report for the performance of services hereunder. It is understood that Conlractor shall
coordinate its services hereunder with City's Project Manager to the extent required by City's
Project Maoager, and that all performances required hereunder by Contractor shall be performed
to the satisfaction of City's Project Manager and the City Manager.
2. Comuensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement,shall not exceed ELEVEN THOUSAND DOLLARS and 00/100($11,000.00)without
the prior written authorization of City.
b. The above compensa6on shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction; telephone, travel, auto rental,
subsistence and all related expenses.
3.Pavment.
a. As scheduled services aze completed, Contractor shall submit to City an
invoice for the services completed.
b. All such invoices shall state the basis for the amount invoiced, including
services completed and the number of hours being invoiced.
c.City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized exfra work covered by that invoice.
4. Reserved.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by tlus Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses during the performance of tlris Agreement.
6. Indeaendent Contractor. At all times during the term of this Agreement,
Conhactor shall be an independent contractor and not an employee of City. Contractor shall, at
its sole cost and expense, fiunish all facilities,materials and equipment which may be required for
fumishing services pursuant to this Agreement. Contractor shall be solely responsible for all
matters relating to the payment of its subcontractors,agents and employees,including compliance
with social security withholding and all other wages, salaries, benefits, ta ces, exacrions, and
regulations of any nature whatsoever.
7. Contractor Not Aaent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desianated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in E chibit"A," shall perform work provided for under this Ageement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Reserved.
10. Reserved.
11. Reserved.
12. Reserved.
13. Reserved.
14. Reserved.
15. Eaual Emplovment Opportunitv. During the performance of this,Agreement,
Contractor agrees as follows:
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a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regazd to their race, color, religion,
sex,national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgading, demotion
or transfer,recmitment or recnutment advertising,layoff or termination,rates ofpay or other forms
of compensafion and selecrion for lraining, including apprenticeship. Contractor agees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, narional origin, mental or physical
disability, or any other basis prohibited by applicable]aw.
c.Contractor shall cause the foregoing pazagraphs (a) and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standazd commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor lmows or has reason to lmow that Contractor, its officers, partners, or
employees have a financial interest as defined in Secrion 87103 of the Govemment Code.
17. Indemnitv.
a. In addirion to those indemnificarion provisions applicable to City contained
in Exhibit"A," to the fullest extent permitted by law, Contractor agrees to indemnify, defend and
hold City, its City Council and each member thereof, and the officers, officials, agents and
employees of City (collectively the "Indemnitees") entirely harmless from all liability arising out
oE
1) Any and all claims under workers' compensarion acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Conuactor or its employees' status as an independent contractor and
any and all claims under Labor Code secfion 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
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either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
acrion, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c.Except for the Indemnitees, the indemnificarions provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance. In addition to those insurance provisions applicable to City contained
in Exhibit"A,"
a. Coniractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensarion benefits under any
CiTy program.
b. Contractor shall maintain during the life of Hus Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. 5aid insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Reserved.
d. Any insurance proceeds in excess of or broader than the minimum required
covecage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e.Reserved.
f.Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabiliries other than
as stated above.
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h. Before a par[y performs any work or prepares or delivers any materials, it
shall fiunish certificates of insurance and endorsements,as required by this Agreement,evidencing
the required minimum insurance coverages on forms acceptable to the other party, which shall
provide that the insurance in force will not be canceled or allowed to lapse without at least ten(10)
days' prior written norice to the other partyk.
i.Except for professionalliabiliTy insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in Califomia and having a rating of Grade A or
better and Class VII or better by the latest edifion of Best Key Rating Guide. 7n the case of
professional liability insurance coverage, such coverage shall be issued by companies eithec
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best raring.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise d'uected by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off &om any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by vir[ue of the payment of any loss under such
insurance.
I.Reserved.
19. Termination. Either party may for any reason terminate this Agreement by giving
the other party not less than five (5) days' written notice of intent to terminate. Upon receipt of
such norice, the party receiving norice shall immediately cease work, unless the notice provides
otherwise. Upon the termination of this Agreement, City shall pay Contractor for services
sarisfactorily provided to the date of termination in compliance with tlus Agreement, unless
termination by City shall be for cause, in which event City may withhold any disputed
compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Insoecrion of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other informafion (collecrively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representarives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services providedunder this Agreement. Contractor shall
maintain all such records for a period of at least three(3) yeazs after terminarion or completion of
tlus Agreement. Contractor agrees to make available all such records for inspec6on or audit at its
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offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be fiunished if requested.
21. Comnliance with all Laws/Immiaration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works," as
that term is defined in Secrion 1720 of the California l,abor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classificarions for which the Department of Labor Relarions of the State of Califomia promulgates
prevailing wage determinarions, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.eov/DLSR). Addirionally, to perform work under this Contract,
Contractor must meet all State registra6on requuements and criteria, including project compliance
monitoring.
c.Contractor represents and wamants that Contractor:
1) Has complied and shall at all rimes during the term of this
Agreement comply, in all respects, with all immigrarion laws, regula6ons, statutes, rules, codes,
and orders, including, witl out limitation, the Immigration Reform and Control Act of 1986
IItCA); and
2) Has not and will not knowingly employ any individual to perform
seroices under this Agreement who is ineligible to work in the United States or under the terms of
tlus Agreement; and
3) Has properly maintained, and shall at all rimes during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitarion, the complerion and maintenance of the Form I-9 for each of Conh actor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspecrion requests relating to
immigrarion law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Deparhnent of Homeland Security, the Deparhnent of Labor, or the Social SecuriTy
Administration.
d. Reserved.
e.Reserved.
f.Reserved.
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g. If Contractor or subcontractor lmowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall consfitute a material breacb
of this Agreement and may be cause for immediate termination of Uris Agreement by City.
h. Each party agrees to indemnify and hold the other party, its officers,
officials, agents and employees harmless for, of and from any loss, including but not limited to
fines, penalties and corrective measures it may sustain by reason of the breaching party's failure
to comply with said laws, rules and regulations in connection with the performance of this
Agreement.
22. Governine Law and Venue. This Agreement shall be construed in accordance
with and govemed by the laws of the State of Califomia aod Conhactor agrees to submit to the
jurisdiction of Califomia courts. Venue for any dispute arising under this Agreement shall be in
Orange County, Califomia.
23. Intearation. This Agreement consritutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in wriring and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. NoHce. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in wriring. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Norices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Prado Family Shooting Range City of Orange
17501 Pomona Rincon Rd 300 E. Chapman Avenue
Chino, CA 91708 Orange, CA 92866-1591
Attn.: Chad Carlson Attn.: Sgt. Joel Nigro
Telephone: (909) 597-4794 Telephone: (714) 744-7524
E-Mail: accounting@shootprado.com E-Mail: jnigro@oraogepd.org
25. Counteroarts. This Agreement may be executed in one or more countecparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures h ansmitted via facsimile and electronic mail shall have the same effect as
original signatures.
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
PRADO FAMILY SHOOTING RANGE, CIT'Y OF ORANGE, a municipal corpora6on
a Califomia corporarion
B . By:
Printed Name Rick tto, City Manager
Title: rc P,fi'
Printed Name:APPROVED AS TO FORM:
Title:
Mary E. B' 'ng
Senior Assistant City Attom
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2) the
Secretary, the Chief nancial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one carporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into t6is Agreement. A copy of the corporate resolution, certiTed by the
Secretary close in Hme to the egecution of the Agreement,must be provided to
City.
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Exa iT «A„
SCOPE OF SERVICES
Beneath this sheet.]
1.Prado Range Rental/Service Agreement, including insurance requirements
2.Range Rules
3.General Liability Release
o a
RENTAL/SERVICE AGREEMENT
Date: July 1,2020-June 30,2021
CONTRACTOR: TRAINING GROUP:
Prado Family Shooting Range Orange Police Department
17501 Pomona Rincon Road 1107 N.Batavia Ave
Chino CA 91708 Orenge CA 92867
Commencement of the services described in this agreement shall constitute acceptance 6y the TRAINING GROUP to the terms and
conditions set forth below.
1. Descriptionof5ervices: Useoffacilityforfirearmstreining
2. Range Coordinator; Raul Casanova at 909-597-4518
3. Hours of Operetions: Range training dates are Monday thru Friday from 8 am to 5 pm. All dates/times will need to be
coordinated and scheduled with Raul.
4. Range Facility Cost: $300 for Half DayTraining;$400 for Full DayTraining
5. Insurance: The TRAINING GROUP will supply certificate of insurance as well as naming Prado Family Shooting Range as
additional insured per the attached insurance requirements.
6. The TRAINING GROUP will be responsible for enforcing all of the attached Prado Range Rules.
7. The TRAINING GROUP will not hold Prado Family Shooting Range responsible for any damages/injuries that may occurfrom
their students/instructors.
S. The TRAINING GROUP is not allowed to store any of their property at the range aftertraining has ended.
CONTRACTOR: Prado Family Shooting Range TRAINING GROUP: Orange Police Department
Pat[y Carlson
Printed name Printed name
acco u nti ng@s h o otpre do.com
Email or Telephone Email or Telephone
SignatuYe Signature
Date Date
1 hxu2 included Yhe.si r ed/dated RIANG.RilLES I ha e.inciuded the INSURANGE RTS ENDORSEMENT
have incfudesi tne si ned/dated GL RELEASE FO.
0 e 0 0"
PRADO FAMILYSHOOTING RANGE
17501 POMONA RINCON ROAD,CHINO CA 91708 (909)597-4794
w:a:*x#**s***a fiRAIA(IIVG GIZOUP RANGE RU Ss******* . *****.. : *
ORANGE POLICE DEPARTMENT
1. HEARING and EYE protection is required at all times for al] shooters & spectators and mus[be put on prior to
entering the range.Both are available for sale in the range office.
2. Proper shootin attire is required to be worn,NO low cut tops,tank tops or cropped tops,NO open toe shoes or heels.
This is for YOU safety as well as other around you as hot brass is ejected kom the firearm and may cause minor burns.
3. Treat all firearms as if they are loaded,and only]oad the firearms when you are at the firing line.
4. Keep the muzzle of the firearm pointed DOWN RANGE at all times; Longguns(rifles&shotgunsJ will be carried to
and Trom the firing line with the muzzle pointed down to the ground.
5. Keep your finQer off the triggec and out of the trigger guard until the muzzle is pointed at your target and you
are ready[o fire.
6. Firearm may only be discharged while at the firing line, Fire only at your target, do not raise the muzzle of your
firearm above the top ofyour paper target
7. No explosive or incendiary ammo allowed. All firearms and ammo are subject to inspectian and approved by Range
Officers.
8. Use only the correct and safe ammo for your firearm.You are responsible for your firearm being safe to operate.Pfease
ask Range Officer ifyou are unsure.
9, lammed firearms must NOT be taken off the firing line,keep firearm pointed downrange and contact Range Offirer
ior help.
10. Everyone is responsi6le for the safety of everyone. If you see an unsafe condition, cocrect the matter by calling a
CEASE FIRE". Upon hearing a "CEASE FIRE" called you will IMMEDIATELY STOP SHOOTIIVG, Unload your
firearm, remove fhe magazine, open the action, lay rearm down and step back. Do not move back into the
lane for any reason untll you hear[he Range Officer call all dear.
11. NO pets or pregnant woman(for the safety of the baby) allowed on the range a[any time.
12. Report ALL injuries to the Range Officer as soon as possible,no matter how minor
13. Range Officer will remove anyone believed to 6e under the influence of drugs or alcohol or acting unsafe.
14. IVo more then 1 shooters allowed on a lane withou[Range Officer approval
15. Clean up aker yourselE push all casings forward to the firing line.Spen[brass is the property of Prado Family Shooting
Range.
16. Do NOT go in front of the firing line at any time for any reason
17. In accordance with CA's Prop 63, customers must consume purchased ammo the same day it is being
purchased.Leaving with unconsumed purchased ammo can cause you to be in violation of Prop 63.
18. Instructions or direction from the Range Officer are final and supersede all the above items.
HAVE &kD ANA N E STAND PRADO AN E ULES - PA'I E:
0 0 0'
GENERAL LIABILITY RELEASE FORM
Ora e Police Department intending to be legally bound hereby,the
i a
Undersigned agrees and does hereby release from liability and ro indemnify and
hold harmless Prado Family Shooting Range,its owners and employees,in regards
to officer/agent training completed at the Prado Facility located at 17501 Pomona
Rincon Road in Chino CA 91708.
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This release is for any and all liability for personal injury(including death),property
losses or damage occasioned by,or in connection with t'aining at Prado Family
IShooting Range.
IThe undersigned further agrees that the department will abide by all the range rulesandregulationssetbyPradoFamilyShooringRange.
i
DATE:
For Orange Police Depar[ment
Signarure of Entity Grantlng the Release:
Printed Name:
Title:
PrzdoFamflyShootlngRange 17501PomonaRinconRd ChinoCA91708
909-597-4794 PH 909-597-6938 FX
n onoshoororado.com or shootCdshootoradocom