FISCHER, DR. A.T. DVM DBA CHINO VALLEY EQUINE HOSPITAL - 2009

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INSURANCE N1 ON FILE WORK MAY NJ PROCEED N- 2009 -022 CLERK OF COUNCIL SERVICES AGREEMENT DATE: 3 -1+ocf e-� THIS AGREEMENT, made and entered into this 8`h day of January, 2009 by and between Dr. A.T. Fischer, DVM, dba Chino Valley Equine Hospital, a California corporation (hereinafter "Surgeon "), 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 (hereinafter "City"), ). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of veterinary surgery. B. Surgeon represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Surgeon represents that he is knowledgeable in its field and that any services performed by Surgeon under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Surgeon shall perform surgery to remove a squamous cell carcinoma (cancer growing on the third eye lid) on "Ralph" the draft horse housed at the Santa Ana Zoo at Prentice Park. Surgeon will examine the horse, determine the most appropriate method and remove the tumor. Surgeon's cost for boarding/hospitalization, surgery, tissue analysis and medication/anesthesia is estimated between $1,800 and $2,000. The Executive Director of the Parks, Recreation and Community Services Agency (hereinafter "Executive Director "), or his designee, may authorize additional services as determined necessary for the care and treatment of Ralph to a maximum amount of $2,200.00. City shall be responsible for the transportation of Ralph to and from the Chino Valley Equine Hospital. The Parties anticipate that City may require Surgeon's services in the future and agree that such services may be performed upon the written request of the Executive Director. 2. COMPENSATION a. City agrees to pay, and Surgeon agrees to accept as total payment for its services, the fees as set forth above. Provided however, the total sum to be expended under this Agreement, including future services, shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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.