HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM (HEART)

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INSURANCE NOT ON FILE A-2024-042 WORK MAY NOT PROCEED CITY CLERK DATE: APR 1 91014 6 PbAG4 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND (�. Ji11a✓ral� HEART - HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM TO PROVIDE SPAY AND NEUTER CLINIC SERVICES THIS AGREEMENT is made and entered into this 2nd day of April, 2024 by and between HEART - Healthcare & Emergency Animal Rescue Team, a California nonprofit organization ("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 4, 2023, the City issued Request for Proposal ("RFP") No. 23-180, by which it sought proposals from qualified providers for low-cost spay and neutering clinical services for low-income Santa Ana residents. B. Provider submitted a timely and responsive proposal that was selected by the City. Provider represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-180, attached here as Exhibit A to the Agreement. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional provider 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 a. Provider 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 in the Scope of Services that was included in RFP No. 23-180 and attached hereto as Exhibit A, and as more specifically delineated in Provider's proposal, which is attached as Exhibit B (excluding resumes and attachments) and incorporated by reference. b. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, the inconsistency shall be resolved by giving precedence in the following order: (1) This Agreement; (2) The scope of services included in RFP No. 23-180 and attached as Exhibit A; (3) Provider's proposal, attached as Exhibit B. Page 1 of 10