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HomeMy WebLinkAboutItem 29 - Agreement for Vehicle Mitigation Mobile Police Department www.santa-ana.org/police Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 2, 2025 TOPIC: Vehicle Mitigation Mobile Barrier Kits AGENDA TITLE Agreement with Meridian Rapid Defense Group, LLC, for Vehicle Mitigation Mobile Barrier Kits (Specification No. 25-121A) (Non-General Fund - UASI) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Meridian Rapid Defense Group, LLC to provide twenty (20) Vehicle Mitigation Mobile Barrier Kits in a total amount not to exceed $2,792,109, over a three-year term beginning on December 2, 2025 and expiring December 1, 2028 with provisions for two, one-year renewal options (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The United States Department of Homeland Security has developed the Urban Area Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism. The grant specifically provides funding for anti-terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. To address the unique needs of a high-density, high-threat urban environment, the Anaheim/Santa Ana Urban Area (ASAUA) allocates a portion of its annual grant funding to enhance physical security across the Orange County region. The Santa Ana Police Department Homeland Security Division UASI supports the deployment of Vehicle Mitigation Mobile Barrier Kits to safeguard critical locations across the region which includes election polling centers, parades, street fairs, festivals, sporting events, and other community gathering spaces against vehicle-based attacks. Vehicle Mitigation Mobile Barrier Kits December 2, 2025 Page 2 5 4 6 4 Each Mobile Barrier Kit consists of a towable trailer for easy portability throughout the region and contains eight barriers with necessary accessories to close multiple city streets which is scalable to meet the safety needs of urban events. Designed for high-security environments, the "Drop and Stop" anti-ram portable vehicle barriers further enhance protection by safeguarding people and critical infrastructure against unauthorized vehicle access. Each barrier kit can be easily deployed by one person in under ten minutes to ensure the safety of the public against accidents or vehicle terrorism attacks. This project is crucial for the region to protect against attacks similar to the New Orleans vehicular attack which occurred on New Year’s Day 2025. This initiative aligns with the goals and objectives outlined in the ASAUA’s homeland security strategy and the target capabilities identified in the Threat and Hazard Identification and Risk Assessment. The City will initially purchase nine (9) Mobile Barrier Kits and training. The remaining Eleven (11) Mobile Barrier Kits will be purchased in subsequent grant funding cycles. The program enhances regional security by providing rapidly deployable barrier systems as part of a coordinated, multi-jurisdictional effort to protect lives and infrastructure. These Mobile Barrier Kits will be stored at strategic locations throughout the county. Request for Proposals (RFP) No. 25-121A was issued on September 15, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 310 3 21 2 0 Vendors notified Santa Ana vendors notified Vendors downloaded the RFP packet Responsive Proposals received Responsive Proposals received from Santa Ana vendors Proposals were solicited, opened on October 14, 2025, and evaluated. Two proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. To ensure the safety and security of everyday residents and visitors alike during regional special events, staff recommends awarding an agreement contract to the highest-ranked firm, Meridian Rapid Defense Group, LLC (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Vehicle Mitigation Mobile Barrier Kits December 2, 2025 Page 2 5 4 6 4 Vehicle Mitigation Mobile Barrier Kits December 2, 2025 Page 3 5 4 6 4 FISCAL IMPACT Funding is available in the FY 25-26 budget, and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows: Fiscal Year Account Unit – Account No. Fund Description Accounting Unit, Account Description Amount FY 25-26 12514407-66400 OES UASI UASI CAL OES Santa Ana, Machinery & Equipment $1,085,923 FY 25-26 12514491-66400 OES UASI UASI CAL OES Anaheim, Machinery & Equipment $ 135,241 Total $1,221,164 The cost of the nine (9) Mobile Barrier Kits and necessary training will be procured utilizing UASI FY2023 and FY2024 Grant Funds. The account numbers for the remaining eleven (11) Mobile Barrier Kits including training ($1,570,945) of the agreement will based on subsequent available UASI Grant Funds under FY2025, FY2026, and FY2027 using 12514407-66400 or 12514491-66400. EXHIBIT(S) 1. Agreement with Meridian Rapid Defense Group, LLC Submitted By: Robert Rodriguez, Chief of Police Approved By: Alvaro Nuñez, City Manager AGREEMENT WITH MERIDIAN RAPID DEFENSE GROUP TO PROVIDE HOSTILE VEHICLE MITIGATION MOBILE BARRIER KITS Meridian Rapid Defense Group, LLC, a Delaware limited liability company, ("Contractor"), and the City of Santa Aria, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECIT ALS A. On September 15, 2025, the City issued Request for Proposal No. 25-121A ("RFP") seeking a contractor having special skill and knowledge in the field of providing Hostile Vehicle Mitigation Mobile Barrier Kits and training services for the City. B.Contractor submitted a responsive proposal to the RFP and represents that it is able and willing to provide such services to the City, pursuant to the Scope of Work detailed in the RFP and attached hereto as Exhibit A to this Agreement. C.In undertaking the performance of tis Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under tis Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the initial term of tis Agreement shall not exceed $2,792,109. Any remaining balance of the above referenced "not-to-exceed" amount may be subject for use duffig any optioned extension term, per Section 3 below. Contractor understands that any increase to the compensation amount listed here is subject to approval by the City Council of the City of Santa Ana. b. Contractor agrees and understands that it shall purchase a performance bond, as detailed in Exhibit B, as part its services and obligations to the City under the terms of this Agreement. Exhibit 1 c. Contractor agrees and understands that funding for this Agreement is contingent upon awarding of grant funding to the City. Should such funds not be awarded to the City, City may opt to terminate tis Agreement pursuant to Section 16, below. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Paymerit Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work wich fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and continue for an initial three (3) year term with the option for the City to grant up to two (2) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4.PREY AILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. Tis Agreement is not intended nor shall it be construed to create an employer-employee relationsMp, a joint venture relationsip, or to allow the City to exercise discretion or control over the professional maru'ier in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorsMp fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and petapetual license for any Documents & Data the subcontractor prepares under tis Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not witin the purposes intended by this Agreement shall be at City's sole risk. 7.INSURANCE Insurance requirements attached hereto as Exhibit C. 8.INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a tmd party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the teims of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9.INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to tis Agreement. 10.RECORDS Contractor shall keep records and invoices in connection with the work to be performed under t's Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a rninirnum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under tis Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to tbis Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of tbree (3) years from the date of final payment to Contractor under this Agreement. 11.CONF[DENTIALITY If Contractor receives from the City information which due to the nature of such infomiation is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, tmough no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to infornnation disclosed by the City. 12.CERTIFICATIONS The funds used to pay for this Agreement will be partly comprised of federal grant funds. Contractor agrees and understands that it will comply with the terms of the Certifications, noted as Attachments A-I from the RFP, and attached hereto together as Exhibit D, and incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the perfoimance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations. City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 13.CONFLICT OF INTEREST CLAUSE a. The recipient or subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the recipient or subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the recipient or subrecipient may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The recipient's or subrecipient's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members. b. If the recipient or subrecipient has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the recipient or subrecipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. c. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, wich would conflict in any manner with performance of services specified under this Agreement. d. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined rinder the City's Municipal Code, whose position with the City shall award or influence the award of tis Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. e. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution f. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor herea'fter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. g. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or inpart) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d) and (e) above. 14.NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic infomiation, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under t's Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the paities. In the event of a conflict between the terms of this Agreement and any attachments hereto, the ternns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, wich is not embodied herein. 16.ASSIGNMENT Inasmuch as tis Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement perfoimed by City personnel or by other Contractors retained by City. 17.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate b.Payment need not be made for work wMch fails to meet the standard of performance specified in the Recitals of this Agreement. 18.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 19.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of tis Agreement shall be deteimined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in coru'iection with or by reason of this Agreement. 20.PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other goveinmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of tis Agreement. 21.FEDERAL REGULATIONS a. Meridian Rapid Defense Group, LLC shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set for the in 2 CRF Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth below. Notwithstanding, anything to the contrary herein, including without limitation, the language in this Agreement, the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any teims, language or provisions contained in this Agreement. Meridian Rapid Defense Group, LLC shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions. b. Meridian Rapid Defense Group, LLC shall comply with all Federal Regulations attached hereto as Exhibit E and incorporated by reference to tis Agreement. 22.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or ceitified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Aria 20 Civic Center Plaza (M-30) p.o. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Cief of Police Santa Ana Police Department 60 Civic Center Dr. Santa Aria, California 92702 To Contractor: Meridian Rapid Defense Group, LLC Attn: Kelly Sullivan, Corporate Compliance and Governance Administrator 177 E. Colorado Blvd., Ste. 200 Pasadena, CA 91105 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given tbree (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set foith on the transmission report issued by the transmitting facsimile machine, addressed as set foith above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fially, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALVARO NUNEZ City Manager CONTRACTOR: By: KellJSullivan Title: Corporate Compliance & Governance Administrator RECOMMENDED FOR APPROVAL: Robert Rodriguez Chief of Police EXHIBIT A Scope of Work CITY OF SANTA ANA EXHIBIT A SCOPE OF WORK The City is soliciting competitive proposals from qualified vendors to furnish and deliver Hostile Vehicle Mitiqation (HVM) Mobile Barrier Kits. A. SCOPE OUTLINE: The following scope for up to twenty (20) Hostile Vehicle Mitigation (HVM) Mobile Barrier Kits. The HMV Kits are to include Barriers, Accessories, and Drop Deck Trailers, is divided into two complete sections. The first section outlines the overall specification requirement. The second section details the Mobile Barrier Kits with Trailers and Accessories. The equipment shall be delivered complete with all equipment and accessories necessary for safe and efficient operation, ready for immediate job site operation within the County of Orange. The mobile barrier kit and trailer shall comply with the manufacturer's current model mobile barrier kit and trailer, with additions and deletions as contained herein. B. DELIVERY SCHEDULE REQUIREMENTS: Given the fabrication requirements of the Hostile Vehicle Mitigation (HVM) Mobile Barrier Kits, we acknowledge the potential for build schedule delays. To ensure timely deployment, the first delivery shall consist of approximately eight (8) barrier kits and delivery shall be scheduled be no later than March 31, 2026. The unit(s) must be delivered and fully operational within the specified timeframe. We estimate a total of 8 barrier kits in our first delivery order. All subsequent orders must be fulfilled within six (6) months of an order date. If a proposed unit meets all other specification requirements but cannot meet the established delivery deadline, proposers must explicitly disclose this discrepancy in their bid submission. C. DELIVERY REQUIREMENTS AND LOCATION: Address:City of Santa Ana Corporate Yard 215 S. Center Street Santa Ana, CA 92703 Delivery Hours: 7:30 AM - 4:00 PM Deliveiy Days: Monday - Friday D. INTENDED USE: The unit proposed by proposers shall be designed and configured to meet or exceed the intended operational requirements specified herein. The units described are intended to provide passive, portable, pedestrian-friendly vehicle anti-ram protection at public polling places and various events, regardless of scale. E. MANUFACTURING, MATERIAL AND DESIGN PRACTICES: The manufacturer is expected to select components using industry-leading materials and design practices that are best suited to the operating conditions the unit(s) will encounter. All parts, equipment, and accessories shall meet recognized industry standards for strength, material quality, and craftsmanship. F. MANUFACTURER'S SPECIFICATION: Proposers shall provide a complete manufacturer's specification, including published literature and visual documentation, such as photos or illustrations, of the proposed unit. Only new models currently in production, officially cataloged by the manufacturer, and supported by printed literature and specifications will be considered. CITY OF SANTA ANA Proposers shall not submit a copy of a manufacturer's specifications if they differ from the requirements set forth in this document. Additionally, manufacturer or third-party quotations shall not be submitted as a response to the City's bid solicitation. G. HYDRAULIC SYSTEM REQUIREMENTS: All hoses shall be equipped with adequate protective coverings wherever there is potential contact with other components. Separators shall be utilized as necessary. Tape or adhesive fasteners are not permissible. H. FASTENERS: All fasteners shall be grade 5 or better and in some cases grade 8 must be used. Fasteners shall be corrosion resistant and shall utilize a locking nut washer or thread locker wherever possible. Fasteners that are susceptible to corrosion shall be coated with an anti-corrosion compound. I. ELECTRICAL REQUIREMENTS: All hoses and pipes must be routed to avoid heat sources and safeguarded against existing or potential risks of snags, abrasions, or sharp edges. Additionally, all hydraulic hoses, fittings, valves, and piping shall be specifically designed and manufactured for high- pressure hydraulic systems and the intended application in which they are installed. The successful proposer must coordinate with the manufacturer of all electrical accessories to ensure proper multiplexing, wiring, connectors, switches, control panels, and circuit breakers. All upfit wiring connections shall be crimped with solderless connectors, enclosed in shrink tubing with waterproof sealant, and tinned before insertion into component plugs. Chassis grounds will not be accepted-all lighting and auxiliary equipment must have tied-in ground circuits. Upfit wiring must be protected by UV-resistant loom, secured at 10-inch intervals, kept clear of heat sources and snags, and safeguarded by labeled fuses in accessible locations. Wiring routed through tool compartments or canopies must be enclosed in steel or heavy-duty loom. High-voltage electrical components must be routed through weatherproof conduit. J. MANUFACTURER RECALLS: All known open recalls issued by manufacturers or the National Highway Traffic Safety Administration (NHTSA) must be resolved prior to delivery SECTION 2 - HOSTILE VEHICLE MITIGATION MOBILE BARRIER KITS: The mobile barriers and trailers provided under these specifications shall be a standard fleet model and must be listed as the manufacturer's current production model. All equipment must comply with standard model specifications, except where modifications or additions are specified herein. The equipment must be new and unused and capable of operating efficiently in all weather conditions across diverse terrains. Special attention to major components and/or specified critical capacities is mandatory. Equipment to be bid shall include all pedestrian and traffic safety systems available from the manufacturer compatible with future modifications or additional features being installed. ALL CAPACITIES AND RATINGS IN THIS SECTION ARE APPROXIMATE AND INTENDED TO SERVE AS A BASELINE FOR UNIT BEING BID, UNLESS EXPLICITLY STATED AS"SHALL". A. FEDERALGRANT-FUNDEDPURCHASE: Authorized Equipment List (AEL) Numbers: 14SW-01-WALL and 12TR-00-TEQP CITY OF SANTA ANA B. GENERAL SERVICE/MODEL: 1. Furnish up to twenty (20) HVM Mobile Barrier Kits inclusive of barriers and trailers. Each kit shall consist of a drop deck trailer specially designed for six (6) or more barriers, and necessary accessories to successfully deploy. Each HVM Mobile Barrier Kit should cover at least 35 linear feet. 2. United States Department of Homeland Security Safety Act compliant. 3. Certified as Qualified Anti-Terrorism Technology (QATT). 4. Crash test certified to u.s. Department of Defense (DOD) C. BARRIER ST ANDARD FEATURES: 1. Barrier kits to be rapidly deployable unanchored on roadways and hard surfaces. 2. Shall be designed for one-person deployment and positioning of barriers. 3. Barriers to be capable of connecting in sets of two (2) or more units to any desired lengths. 4. Barrier kits to be designed to permit pedestrian and emergency vehicle access. 5. Constructed of American Society for Testing and Materials (ASTM) A36 steel with ballistic-rated front plate and back gusset. 6. Certified stopping power with ASTM. 7. To have provisions for installation of informational signage atop barriers. D. TRAILER ST ANDARD FEATURES '1. Each trailer shall be capable of hauling six (6) or more of the above described HVM barriers. 2. Frame to have tubular chassis with incorporated wheel wells for fender less design. 3. Trailer to provide ground level loading and unloading while disconnected from tow vehicle. 4. Deck shall be capable of hydraulically raising/lowering and remain level throughout deck's travel. 5. Deck shall automatically lock when raised fully in travel position for additional safety while towing. 6. To be capable of loading/unloading while disconnected from tow vehicle. 7. E-track to be installed on the side rails of the trailer. 8. Utility compartment to house 12-volt deep cycle battery, 12-volt direct current (VDC) hydraulic tank/pump and controls/remote controls. 9. There shall be a solar battery charger mounted to utility compartment lid for onboard battery charging. 10. Equipped with Manufacturer recommended hydraulic pump for longevity. 11 Equipped with Manufacturer recommended cylinder to operate efficiently with the load rating. 12 . Deck to be remote controlled to raise by operation of hydraulic motor/pump and lowered through hydraulic gravity return. 13 . Equipped with manufacture recommended axles to fit application with electric brakes. 44. Shall be equipped with two (2) adjustable safety chains. 15. Trailer connection to be 7-pin RV style plug. 16. Equipped with conspicuity tape, both sides, rear and tongue as per Department of Transportation (DOT) and NHSTA standards: o o o o Two (2) pairs of rear upper body markings. One (1 ) continuous bumper bar marking. One (1) continuous rear lower body marking. Two (2) continuous side markings. 17. Lighting shall be Interstate Commerce Commission (ICC) & Department of Transportation (DOT): o Two (2) stop/brake lights. o Two (2) tail lights. CITY OF SANTA ANA o Two 2) turn signals. o Two 2) rear reflectors. o One 1) license plate light. o Two 2) rear side marker lights. o Two 2) rear side reflectors. o Two 2) front side marker lights. o Two 2) front side marker reflectors. o Three (3) rear clearance lights. o Two (2) front clearance lights. o Stop, tail, turn can be integrated into one lamp. REQUESTED OPTIONS: 1. Include method to move individual barriers off trailer and into field by 1 person WARRANTY: 1. The HVM Barriers and trailer shall have a minimum warranty against any defects in material or workmanship from the delivery date for a period of I year. 2. All components not manufactured by barrier manufacturer shall have the manufacturer's standard warranty. TRAINING: 1. Thesuccessfulproposershallprovidequalifiedinstructorstoconductaminimumofone(1)four- hour instructional sessions for City personnel. Training shall cover safety procedures, setup, deployment, operation, and maintenance of all components included with the delivered equipment. The training location will be determined upon equipment delivery. EXHIBIT B Costs Proposal RAPID DEFENSE GROUP MERIDIAN"" Cost Proposal MERIDIAN's proposal shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. Payment terms are to be net 30. Please see the following quote for more information on pricing. Quote has been provided for a single trailer kit plus freight and annual certified training. Annual certified training would only be charged once per year at a cost of Product Name Price Meridian Archer Trailer Kit 1000 (each)$115,795.27 Freight (per kit)$ 7,995.00 $123,790.27 Eight (8) Meridian Archer Trailer Kits plus Freight = $990,322.16 PERFORMANCE BOND MERIDIAN understands and accepts the City of Santa Ana's requirements to obtain a performance bond if awarded the contract under this RFP. If MERIDIAN is awarded the contract, we will work with our insurers to obtain a performance bond as requested. REFERENCES MERIDIAN grants permission for the City of Santa Ant to contact any individuals listed as references MINIMUM SCOPE AND LIMIT OF INSURANCE MERIDIAN hereby agrees to conform to all insurance requirements and provisions as outlined in Exhibit II - Sample Agreement and Exhibit Ill - Federal Regulations of the RFP document. In addition to the types and amounts of coverage requested, MERIDIAN will include the additional insured and subrogation language requested by the City. EXHIBIT C Insurance Requirements Exhibit C - Insurance Requirements Prior to undertaking performance of work under tis Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Ternn of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injutay with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. 3. Workers' Compensation (WC): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following prOVlSlOnS : 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid Exhibit C - Insurance Requirements under the terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under tis Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Santa Aria Police Department, 60 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses witin the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. EXHIBIT D Certifications (Attachments A-I) CITY OF SANTA ANA ATT ACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify thatl have read, understand and agreeto the terms and conditions ofthis Request for Proposals. I have examined the Scope of Work (Exhibit l) and am qualified to provide services being requested as specified herein. i understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. :dLiNzEq0a4M&Pi;tz Givhq L(,C-ph-,(ogc')3iq - sF7g PHONE AND FAX NUM8ERS BUSINESS ADDRESS !il-;:!!Y4!!!'S'iTHoRlzEDAGENT ('ovpmc(!W,LaiaEnro';Ohnoncp%mianr 'S!!'ThAU!'OGEN1"liD"A!Eog s E-MAIL ADDRESS 3S-,2,2ffH\\\ FEDERAL ID NUMBER (IF APPLICABLE)CONTRA!41bLICENSE NUM-M'ER (IF APPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD /S MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATT ACHMENT B REFERENCES List and describe fully the contracts peformed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional paqes if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Contactlndividual: (n(1% lAJhiAp Phone Number (31:J'TI!IJ -'1 'GOS REFERENCE Description of supplies, equipment, or services provided: REFERENoE ('AqoC,mc\SohU\\\c l Description of supplies, equipment, or services provided: c\cSvyoi\u THIS FORM MUST BE COMPLETED AND INCLUDED WITH -THE -PRO PROPOSALS T-HAT D-O NOT C-ONT AIN T-HIS F-ORM -WILL BE CONSIDERED NONRESPONSIVE, rUlCL'Cfr. <o"a '5Geytvsos C'oh lxl%\ita4 qh \o(\uS-+ %\z- b\ CITY OF SANTA ANA ATT ACHMENT C PROPOSER S ST ATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Aha, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action or approvat of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposerwith the correct postage affixed thereto. Proposerfurther agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), Or the funds, check, draft, Or prOpOSer'S bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other CauSeS suffered by City because ofthe failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; Otherwise Said indS, CheCk draffS, Or proposer's band substituted in lieu thereofshall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, Clan' OF SANTA ANA ATT ACHMENT D NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the prOpOSer deClares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of 5he,- Notary Public SeaJ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, CITY OF SANTA ANA ATT ACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid orwill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, Or modification ofany Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3'l, u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATT ACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of raCe, color, religion, sex, or national origin. The Consultant Shall take affirmative aCtiOn tO ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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 Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination dause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. q, IntheeventoftheConsultant'snon-compliancewiththenondiscriminationclausesofthiscontractor with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontrad CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA ATT ACHMENT G SUBCONTRACTOR DESIGNATION FORM Proposer acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render SerViCe tO the proposer in Or aboutthe WOrk in an amount in eXCeSS Of one-half Of One percent (0.5%) Of proposer's total bid and the kind of work that each will perform. Furthermore, proposer acknowledges and agrees that under Public Contract Code section 4100, et seq., if proposer fails to list as to any portion of work, or if proposer lists more than one subcontractorto perform the same portion ofwork (i.e. proposer must indicate what portion of the work each subcontractor will perform), proposer must perform that portion itself or be subjected to penalty under applicable law. If altemate bids are called for and proposer intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, proposer must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of proposer's total bid, including alternates. In case more than one subcontractor is named for the Same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Proposers or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name:Location: Portion ofWork/Trade:Bid Amount Contractor's License Number DIR Registration No. Subcontractor Name:Location: Portion ofWork/Trade:Bid Amount: Contractor's License No:DIR Registration No: \,Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, L. CITY OF SANTA ANA ATT ACHMENT H SAM GOV tJE VER F CATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Llnique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer'sUEl: (',Ll,x')0(i6i 'ThN3l'R 'l SAM.gov Registration Expiration Date:05 ).)O }otoau THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Lmr updared by KAIUEN E WALD [)II Miry 20. 2025 (}l 04'36 PM A4ERjDlANRAPlD DEFENSE GROUP LLC ,!!l SAM*GO\/' MERIDIAN RAPID DEFENSE GROUP LLC Unique Entity ID CLWHGG9NJ187 Registration Status Active Registration Physical Address 177 E Colorado BLVD FL 2 Pasadena, California 91105-1955 CAGE / NCAGE 4SP99 Expiration Date May 20, 2026 Mailing Address 177 E Colorado BLVD FL 2 Pasadena, California 91105-1986 Llnited States Purpose of Registration All Awards United States Doing Business as (blank) Congressional District California 28 Registration Dates Activation Date May 22, 2025 Entity Dates Entity Start Date act 16, 2006 Immediate Owner CAGE (blank) Highest Level Owner CAGE (blank) Executive Compensation [)ivision Name (blank) State/Country of Incorporation Delaware/Llnited States Submission Date May 20, 2025 Fiscal Year End Close Date Dec 31 Legal Business Name (blank) Legal Business Name (blank) Division Number (blank) LIRL www.meridian-barrier.com Initial Registration Date Jun 18, 2007 Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of p.t. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to LISAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix Xll. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Active Exclusions Records? No I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Partnership or Limited Liability Partnership Profit Structure For Profit Organization Ocl 14, 2025 05:52.29 PM GA4T Mps //stun gov/en[rty/CLWliGG9NJl87/coreDala'slalus=null Entity Type Business or Organization Organization Factors Limited Liability Company Page/of3 Lasr updaied b)i KARjEN E WAj.D ori Ma)i 20, 2025 ar 04'36 PM MERIDIANRAPID DEFENSEGROUPLLC Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HLIBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Yes, this entity appears in the disaster response registry. Bonding Levels Dollars (blank)(blank) Od 14, 2025 05. 52'29 PM GMT hllps //S(1111 gov/enlrty/CLWHGG')NJl87/corerWa?slalus=mdr Page 2 of3 Lasr updmed by KAREN E WALD on May 20. 2025 at 04 3 6 PM MERlDlANRAPjD DEFENSE GROUP LLC States Any Counties (blank) Ocl 14. 2025 05 52. 29 PM Gkff hllps //sam.gov/enlrty/CLWHGG9Njl87/coreDala?Mlus-wdr Metropolitan Statistical Areas (blank) Page3of3 r I CITY OF SANTA ANA ATTACHMENTI CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part Vll of the May 26, j988, Federal Register (Pages 19'l60-1921 1), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otheiwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more pub(ic transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. "Cons"'ult"an<ta" \h@s===l '5&vi'A (ivr>q LL(2 On Behalf of the Consultant Date THtS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAtN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA INSTRUCTION FOR CERTIFICATION 1. By signing and submiiting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", 'disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", aS used in this Cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8, Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment, THIS FORM MUST BE COMPIETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. L EXHIBIT E Federal Regulations Exhibit E - Federal Regulations a. Federal Regulations - Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension - As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 180, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal goverrunent. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. - Recipient shall provide to City all records and irf'ormation requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grorinds of race, color, religion, national origin, sex, or disability against a recipient of 'funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland "Anti-Kickback" Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3 702 and 3 704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal governtnent, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, 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, sexual orientation, gender identity, 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, sexual orientation, gender identity, 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 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, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 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 or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (l) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretaiy of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiaiy or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and otlier national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services produced by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. v. Domestic Preferences for Procurements/Subcontracts - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322. Recipient shall comply with the federal and recipient standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Recipient shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The recipient shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The recipient shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1)Recovered Materials Recipient shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired competitively witin a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (2)Domestic Preference for Procurements Recipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. w. Termination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. x. Contractual/Legal Remedies for Breach of Contract - Should recipient fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, la'iowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect. y. Conflict of Interest - In the event a conflict of interest is identified, disciplinary action shall be determined and imposed based on the severity of the violation and may include, but is not limited to, written warnings, suspension, mandatory ethics training, reassignment of duties, or termination of employment. All disciplinary action taken/imposed, will be documented and handled in accordance with applicable federal, state and local employment laws.