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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this _ day of April 2015 by and between <br />First American Title Company (hereinafter "Consultant" ), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />title and escrow related services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm 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 />Consultant shall perfonn those services as set forth in Exhibit A to this Agreement on an <br />"as- needed' basis. Consultant understands that within the scope of work defined herein that it is <br />being requested to perform title and escrow services for the City and in conjunction therewith to <br />issue Title Insurance Policies. The Consultant agrees to issue Title Insurance Policies in <br />conjunction with this work and City understands that any liability of Consultant is subject to all <br />Schedules, Exclusions, Exceptions, Covenants and Conditions contained in each policy. <br />The title services maybe used from various agencies in the City. However, Title <br />company shall proceed work only when received Notice to Proceed from Public Works Agency. <br />Any work done without Public Works Agency authorization shall not be compensated. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges as set forth in Consultant's proposal as identified in Exhibit B. Consultant <br />has filed, rates with the State of California and may not deviate from them, The total stun to be <br />expended under this Agreement shall not exceed $360,000 during the entire term of this <br />Agreement, including any extensions of the term of this agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />Exhibit 1 <br />1 <br />25F -3 <br />