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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />HEART - HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM <br />TO PROVIDE SPAY AND NEUTER CLINIC SERVICES <br />THIS AGREEMENT is made and entered into this 2nd day of April, 2024 by and between <br />HEART - Healthcare & Emergency Animal Rescue Team, a California nonprofit organization <br />("Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On December 4, 2023, the City issued Request for Proposal ("RFP") No. 23-180, by which <br />it sought proposals from qualified providers for low-cost spay and neutering clinical <br />services for low-income Santa Ana residents. <br />B. Provider submitted a timely and responsive proposal that was selected by the City. <br />Provider represents that it is able and willing to provide the services described in the scope <br />of work that was included in RFP No. 23-180, attached here as Exhibit A to the Agreement. <br />C. In undertaking the performance of this Agreement, Provider represents that it is <br />knowledgeable in its field and that any services performed by Provider under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional provider in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />a. Provider shall perform during the term of this agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to <br />fully and adequately complete the services described in the Scope of Services that was <br />included in RFP No. 23-180 and attached hereto as Exhibit A, and as more specifically <br />delineated in Provider's proposal, which is attached as Exhibit B (excluding resumes and <br />attachments) and incorporated by reference. <br />b. In the event of an inconsistency among the provisions of this Agreement and any of its <br />exhibits, the inconsistency shall be resolved by giving precedence in the following order: <br />(1) This Agreement; <br />(2) The scope of services included in REP No. 23-180 and attached as Exhibit A; <br />(3) Provider's proposal, attached as Exhibit B. <br />Page 1 of 10 <br />