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HomeMy WebLinkAboutItem 16 - Agreement with Healthcare and Emergency Animal Rescue Team16. Agreement with Healthcare and Emergency Animal Rescue Team to Provide Spay and Neutering Services for Qualifying Low -Income Residents Department(s): Recommended Action: Authorize the City Manager to execute an agreement with Healthcare and Emergency Animal Rescue Team (HEART) to provide veterinarian medical services for a spay and neutering program to low-income Santa Ana residents for a three-year term commencing April 3, 2024 and expiring March 18, 2027, with provisions for two one-year extensions, in an amount not to exceed $75,000 (Agreement No. A-2024-XXX). Planning and Building Agency www.santa-ana.org/planning-and-building Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Spay and Neutering Services for Low -Income Residents AGENDA TITLE Agreement with Healthcare and Emergency Animal Rescue Team to Provide Spay and Neutering Services for Qualifying Low -Income Residents RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Healthcare and Emergency Animal Rescue Team (HEART) to provide veterinarian medical services for a spay and neutering program to low-income Santa Ana residents for a three-year term commencing April 3, 2024 and expiring March 18, 2027, with provisions for two one- year extensions, in an amount not to exceed $75,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION As part of the Fiscal Year 2023-24 budget, the City Council allocated $75,000 for assistance to low-income Santa Ana pet owners with low-cost spay and neuter services. These services are intended to reduce the unwanted breeding of dog and cat litters resulting in a variety of residual effects in the community. The City of Santa Ana, through this proposed program, will help subsidize 50% of the cost of spay and neutering of dogs and cats using the City's approved vendor. The remaining portion will be the responsibility of the resident. Under the program, a licensed pet owner living in a qualifying low-income area is eligible for this one-time subsidy. The program will be in effect until funding has been depleted. Background and Selection The Request for Proposals (RFP) No. 23-180 was issued on December 4, 2023, on the City's online bid management and publication system, Planet Bids, inviting qualified service providers with relevant experience to submit their proposals to the City. A summary of vendor participation and results from Planet Bids is as follows: 9 Vendors notified 0 Santa Ana vendors notified 4 Vendors downloaded the bid packet Spay and Neutering Services for Low -Income Residents April 2, 2024 Page 2 1 Bid received 0 Bids received from Santa Ana vendors Proposals were solicited, opened on January 9, 2024, and evaluated. One proposal was submitted by the RFP deadline and it was determined to be responsible, responsive to the specification, and met the City's requirements by a selection committee consisting of staff members from the Animal Services Division. Staff recommends awarding an agreement to the sole proposer, HEART. The proposal submitted by HEART, located in Yorba Linda, has a unique approach to focus its services in low-income, underserved communities, working with thousands of pet owners experiencing homelessness and financial hardships. HEART has been servicing different cities and counties with their mobile clinic for over 10 years, providing a multitude of services including pet wellness, spay and neuter clinics, and veterinarian. Local Outreach Efforts In addition to the vendors notified by the City's online bid management and publication system, PlanetBids, Purchasing staff performed supplemental outreach by personally contacting eight Santa Ana and seven Orange County service providers by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process. FISCAL IMPACT Funding for this agreement for $75,000 was approved for expenditure in the Fiscal Year 2023-24 Council approved budget. Future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year if needed. Fiscal Accounting Unit- Fund Accounting Unit, Account Amount � Year Account No. Description Description FY 23-24 01116570-62300 General Fund Planning & Building, Animal $75,000 Services, Contract Services — Professional TOTAL I $75,000 EXHIBIT(S) 1. Agreement with Healthcare and Emergency Animal Rescue (HEART) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 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 REP No. 23-180 and attached as Exhibit A; (3) Provider's proposal, attached as Exhibit B. Page 1 of 10 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services for City, fifty percent (50%) of the rates and charges identified in Exhibit B for low-income Santa Ana residents residing in the Qualified Census Tracts Eligibility Map included in RFP No. 23-180, attached as Exhibit C and incorporated by reference, as it may be updated from time to time. The Santa Ana resident will pay the remaining amount directly to the Provider. The total amount to be expended during the term of this Agreement, including any optional extension periods defined below, shall not exceed Seventy -Five Thousand Dollars and Zero Cents ($75,000). b. To receive compensation as described in Section 2.a, above, Provider shall verify low- income Santa Ana residents residing in the Qualified Census Tracts Eligibility Map included in RFP No. 23-180, attached as Exhibit C, as it may be updated from time to time, by inputting a prospective client's home address, as attested to by the prospective client, in the search field at: https://hudgis-hud.opendata.arcgis.com/datasets/HUD::gualified-census- tracts/explore?location=33.748640%2C-117.878571 %2C13.50 C. Provider may submit detailed monthly reports/invoices as detailed in Exhibit A, section 9 via fax or email as identified in Section 12 of this Agreement. 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 Provider agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Provider's account(s) with financial institutions. Payment need not be made for work which 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 with a termination date of March 18, 2027, with the option for the City to grant up to two (2) one (1)-year renewals, exercisable by a writing by the City manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations Page 2 of 10 governing such services. Provider 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. 5. 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 authorship 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 Provider under this Agreement ("Documents & Data"). Provider shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Provider represents and warrants that Provider has the legal right to license any and all Documents & Data. Provider makes no such representation and warranty in regard to Documents & Data which were provided to Provider 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 within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: Insurance 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 for bodily injury or disease. (Not required if Provider provides written verification it has no employees.) (4) Professional Liability (Errors and Omissions): Insurance appropriate to the Provider's profession, with limit no less than $1,000,000 per occurrence or claim, Page 3 of 10 $2,000,000 aggregate. (5) Broader Coverage: If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (2) Primary Coverage: For any claims related to this contract, the Provider's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Provider's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation that any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Page 4 of 10 (7) Verification of Coverage: Provider shall furnish the 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 to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (8) Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors. (9) 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. 7. INDEMNIFICATION Provider agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, providers, 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 Provider or its Providers, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I 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 Provider 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 third 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 terms 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 Provider'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Provider. Page 5 of 10 8. INTELLECTUAL PROPERTY INDEMNIFICATION Provider shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Provider to the City pursuant to this Agreement. 9. RECORDS Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider 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 minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement. All such records and invoices shall be clearly identifiable. Provider 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 this Agreement during regular business hours. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Provider under this Agreement. 10. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider 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, through no fault of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Provider covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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 Page 6 of 10 first class or certified 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 Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 clerkksanta-ana.org With a copy to: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5897 pbaadmin(& Santa-ana. org To Provider: HEART - Healthcare & Emergency Animal Rescue Team Attn: Deborah Kopit, CEO P.O. Box 974 Yorba Linda, CA 92885 Fax: 657-444-2210 bsafe2ggmail.com 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 three (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 forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and Page 7 of 10 any attachments hereto, the terms 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 Provider. 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 Provider 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, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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 performed by City personnel or by other providers retained by City. 15. 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. 16. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all services performed by Provider 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 Provider to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Provider consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined Page 8 of 10 and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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 this Agreement shall be determined 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 connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Provider 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 governmental agencies. Provider 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 this Agreement. 20. MISCELLANEOUS PROVISIONS a. 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 fully, 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. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 9 of 10 SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HEART +F C?LTHCARE $ EMERGENCY ANIMAL RESCUE TEAM TO PROVIDE SPAY AND NEUTER CLINIC SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: B on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Minh Thai Executive Director Planning and Building Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager HEART +F C?LTHCARE $ EMERGENCY ANIMAL RESCUE TEAM Deborah Kopit CEO, Operations Manager Page 10 of 10 EXHIBIT A Scope of Services (RFP No. 23-180) (2) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below: 1) Provide spay and neuter services to cats and dogs in either a mobile or permanent/brick and mortar veterinarian clinic location in accordance with a mutually agreed upon schedule and deployment plan in the community. a. The City will establish a flat fee for service agreement with Contractor for Program services and pay for 50% percent of the cost of each spay/neuter. The resident will pay the remaining amount directly to the Contractor. b. Days and hours of operations may include both weekdays and weekends. Contractor's schedule must be published online and by other appropriate media to effectively reach the target population. Proposal must include links or social media handles where Proposer's hours of operation are found. 2) Contractor should be prepared and have capacity to service an average of 100 dogs and 100 cats annually. Proposers must include in their proposal a number of animals for which they can provide services. 3) Coordinate with the City's assigned Project Manager or designee regarding schedule, deliverables, and services provided as specified herein. 4) If Proposer is a mobile spay and neuter clinic, the following equipment within the mobile unit is required: power generator, HVAC, electrical outlets, water tank, water pump, work sink, restroom, oxygen concentrators, portable anesthesia unit, oxygen tents, examination table with exam light, medical refrigerator and drug lock box, collapsible crates/kennels, and medical supplies storage. a. Proposer must show capability of being able to provide the minimum service through data, statistics, and/or references. 5) If Proposer has a Veterinarian Clinic in the City of Santa Ana or nearby, the businesses is required to be in good standing with the City and have all approvals and permits required by state, federal, and local laws and regulations. 6) Conform to all surgical sterilization methods as required by the California Veterinary Medicine Practice Act. 7) Properly and legally dispose of hazardous waste generated by the Contractor, whether operating via mobile clinic or permanent facilities. 8) Provide City detailed monthly reports listing the following per service/transaction at minimum: • Date service/surgery performed; • Invoice amount per service; • Type of surgery performed; • Resident's full name, address and contact information; City of Santa Ana RFP 23-180 Page 19 of 35 (9) CITY OF SANTA ANA • Animal's name, age, breed, and weight; and • Include information regarding any complications, issues, or other pertinent information regarding provision of service; • All additional information required to show proof of service and costs. 9) Submit prior month's report no later than the tenth (101h) day of the following Month. Monthly reports shall be delivered to the following address: City of Santa Ana Code Enforcement 20 Civic Center Plaza-M19 Santa Ana, CA 92702 10) All documents, records, application, files, and other materials provided in connection with services rendered under this agreement shall be the property of the City of Santa Ana and shall be provided to the City within seven (7) business days, upon request and/or upon the termination of this agreement. 11) The City shall have the right to audit the books, records, and accounts that are related to this agreement at any time and at its own discretion. City of Santa Ana RFP 23-180 Page 20 of 35 EXHIBIT B Provider's Proposal HEART HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM a non-profit 501(c)(3) organization "HELPING PROTECT PETS AND PEOPLE" Federal TIN: 45-2483357 P.O. Box 974, Yorba Linda, CA 92885 Tele: (714) 993-9193 Fax: (657) 444-2210 www.heart4pets.org heart4pets.info@gmail.com December 31, 2023 Code Enforcement Principal, Sergio Verino City of Santa Ana — Planning and Building Department, Code Enforcement Division M-19 20 Civic Center Plaza Santa Ana, CA 92701 Re: Request for Proposal for Spay and Neuter Clinic Services Dear Mr. Verino: Enclosed in the attached RFP, you will find all requested information along with a detailed plan of how HEART will conduct the spay and neuter clinics in accordance with the City of Santa Ana's residency eligibility requirements. HEART has been servicing different cities and counties with their mobile clinic for over 10 years providing a multitude of various services including vaccine clinics, wellness clinics, spay and neuter clinics, and more. HEART has always strived to provide the highest quality care for the most affordable cost possible. HEART has focused its services in many low income, under -served communities, working with thousands of pet owners experiencing homelessness and other financial hardships. HEART's dedicated staff is highly experienced, efficient, and compassionate, working together as a true team achieving its mission to save lives. In partnership with Santa Ana, HEART is confident that even a greater positive impact will be felt by pet owners and the community in general. Please don't hesitate to contact the undersigned should any additional information be needed. Thank you for considering our proposal. Sincerely, Deborah Kopit HEART4Pets CEO, Operations Manager Table of Contents Statement of Qualifications...................................................................................................................2 ServicesProvided....................................................................................................................................2 AgreementStatement............................................................................................................................2 Firmand Team Experience.....................................................................................................................2 ProposedWork Plan................................................................................................................................2 CostProposal...........................................................................................................................................5 Resumes....................................................................................................................................................6 Attachment A: Proposer's Certification, Proposal Pricing..................................................................11 Attachment B: References......................................................................................................................12 Attachment C: Proposer's Statement...................................................................................................13 Attachment D: Non -Collusion Affidavit.................................................................................................14 Attachment E: Non -lobbying Certification...........................................................................................16 Attachment F: Non-discrimination Certification................................................................................17 Proofof Insurance..................................................................................................................................19 1 Statement of Qualifications Services Provided: The services provided by HEART meet the needs of the City as described in section III as HEART will be able to provide spaying and neutering services for dogs and cats via a mobile clinic. Agreement Statement: Any and all staff included in these mobile clinics whose positions require a license or certification of any kind, shall have the necessary requirements. The following are all key professional staff members and their titles: 1) Todd Kopit is the chief veterinarian for HEART and is a doctor of veterinary medicine licensed in the state of California. 2) Elizabeth Edmunson is a doctor of veterinary medicine licensed in the state of California. 3) Yikcia Milanes-Pope is a doctor of veterinary medicine licensed in the state of California. 4) Carolyn Ruff is a registered veterinary technician in the state of California. 5) Benjamin Shiffman is a registered veterinary technician in the state of California. 6) Joshua Brown is a registered veterinary technician in the state of California. Firm and Team Experience: i) HEART is a 501(C)(3) organization that provides low-cost veterinary services, focusing on serving the needs of pet owners in underserved communities. HEART employs 15 staff members in positions ranging from administrative to medical staff and part-time to full-time. At the type of clinic requested in the agreement by the City of Santa Ana, an average of 6 staff members will be needed. ii) HEART is strictly a mobile organization and has previously served the City of Santa Ana by providing vaccine, wellness, and spay/neuter clinics within the city, surrounding cities, and other municipalities in several counties. HEART's headquarters are located at 4311 Aspenglow Circle Yorba Linda, CA 92886. iii) The Project Manager assigned to this agreement shall be Deborah Kopit, Operations Manager. iv) Resumes are included in Attachment G. Proposed Work Plan: HEART shall conduct 1-2 monthly spay and neuter clinics for residents within the allowable limits at a location within the City of Santa Ana that has been pre -approved by the City's Parks, Recreation, and Community Services Agency. If a location cannot be reserved for these services, HEART will perform the clinics at the Orange County Animal Care parking lot in the neighboring city of Tustin or at a suitable location in other surrounding cities such as a privately owned 2 property or otherwise. HEART's approach to these clinics will be explained in the following paragraphs. i. HEART will reserve a location at one of the previously mentioned sites to perform a spay and neuter clinic on a weekday or weekend dependent on the availability of HEART and the location sites. Each clinic will start at approximately 7:00 AM and end at approximately 3:00 PM, have on average 6 staff members physically at the clinics, and will anticipate serving anywhere between 15-20 pets. Reservations will be made through HEART online or via phone call anywhere from a week to a month in advance. All appointments will be scheduled after HEART verifies the residency eligibility of each owner. In the event a clinic gets fully booked, HEART will also maintain a waiting list for future clinics and/or in the event there are any cancellations or last-minute openings. There will be staff dedicated to checking in the clients and their pets from approximately 7-8:00 AM, staff prepping the pets for surgery, a veterinarian performing the pre -surgical exams and surgery along with other staff to assist them, and staff recovering the animals. Once animals have fully recovered from the anesthesia, owners will be called to collect their pets and be sent home with after surgery care instructions, sterility certificates, emergency pet hospital contact list, and other information as deemed necessary. The pets will also be sent home with pain medicine and E-collars or other recovery support items as needed. ii. The evaluation committee should take into consideration instances such as extreme weather conditions or other factors which may pose a potential safety or health risk to pets or people, at which time clinics will be rescheduled to the next available time and location, and owners will be notified accordingly. HEART reserves the right to acquire and use additional funding from third parties if the pet owners need further assistance in paying their half of the surgery costs. HEART also reserves the right to decline services to pet owners based on the pre -surgical exam performed by the veterinarian. HEART requests that the city promote the clinics to help ensure the success of this program. iii. HEART will conduct 1-2 spay and neuter clinics per month as needed in order to fulfill the terms of the contract. The clinics will be held on a weekday or weekend depending on the availability of HEART and the location sites. Each clinic will serve on average 15 pets and will start at approximately 7:00 AM and end at approximately 3:00 PM. Along with the invoices submitted to the city within 30 days of each clinic, the city will also receive a breakdown of the number of pets served, gender, breed, species, whether the surgery was routine or extensive, any extra services performed such as dew claw removal, owner names, and other information as necessary. The following graph illustrates the number of pets served over the course of 2023 broken down by month. 3 Pets Served Per Month For 2023 80 70 rill 60 51 51 50 44 40 32 26 30 17 20 10 I Ili ,A ,J G�Qet e��ei e��et o q �oJ oec HEART has been providing spay and neuter clinics since 2016 but had to pause operations during the COVID pandemic. Spay and Neuter services resumed in April 2023 and were scheduled around HEART's pre-existing vaccine and wellness clinics causing the exemption of spay and neuter clinics in the months of May and July. iv. HEART is in compliance with the required equipment listed in the contract. HEART has a built-in power generator, backup generator, HVAC, electrical outlets, water tank, water pump, work sink, restroom, oxygen concentrators, portable anesthesia unit, oxygen tents, examination table with exam light, medical refrigerator and drug lock box, collapsible crates/kennels, and medical supplies storage. In addition to these requirements, HEART also has -built-in stainless -steel cages, an additional backup refrigerator, work station and EKG units. The committee is welcome to take a tour of the mobile unit or pictures can be provided upon request. The committee is also welcome to contact our references in order to confirm compliance. V. HEART is strictly a mobile clinics, thus the location of services will vary per clinic. HEART employs 5 full time staff members and 10 part-time staff members all of whom can be working on a rotating basis per clinic. HEART may also have additional volunteers at any given time. The nature of employment for HEART's full time staff varies from veterinary, clerical, administrative, to transportation. The nature of employment for the part time staff is veterinary and veterinary support staff. vi. HEART will schedule clinics on weekdays or weekends depending on site availability and other factors. HEART's website can be found at https://heart4pets.org/ which contains an updated calendar and details of each clinic. HEART also has an Instagram and Facebook which can be found at https://www.facebook.com/heart4petsclinic and https://www.instagram.com/heart4pets/. 4 Cost Proposal a. HEART will provide individual invoices to the city within 30 days of the completion of each clinic. The following are the flat rate fees HEART will charge: i. Dog spay services - $450 ii. Dog neutering services - $355 iii. Cat spay services - $210 iv. Cat neutering services - $150 b. The prices listed above generally include the following services and their normal schedule of fees: - Pre -surgical exam - $22 - General anesthesia - $50-$150 - Routine surgeries - $150-$450 - Inguinal cryptorchid surgeries - $200-$400 - Abdominal/exploratory cryptorchid surgeries - $300-$600 - Pyometra surgeries - $650-$1,200 - Pets in heat - $235-$475 - Tattoo near incision site - $10 - Repair of hernia (if needed) - $175-$475 - Removal of deciduous canines (if needed) - $25 per tooth - Removal of detached dew claws (if needed) - $45per dew claw - Antibiotic injection (if needed) - $30 - Pain medication for dogs - $25 - Pain medication for cats - $35 - Betsy E-collar - $7 - Certificate of sterility - Post surgical care instructions with emergency pet hospital contact list 5 EXHIBIT C 2023 Qualified Census Tracts Eligibility Map City of Santa Ana Exhibit III r.j Qualified Census Tracts 2023 e 0 1�4 1�2 The effective date of the 2023 QCTs is January 1, 2023. The 2023 QCTs are based on MSA definitions published in OMB Bulletin No. 18-04 Q on September 14, 2018 and data from the 2020 Decennial Census and three sets of 5-year tabulations of the American Community Survey (2014-2018; 2015-2019; and 2016-2020). The Census Tract boundaries are according to the 2020 Decennial Census. Miles City of Santa Ana RFP 23-180 Page 28 of 35