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INSURANCE Nei ON FILE WOSK MAY PROCEED CLERK OE COUNCIL DATE: A-2015-048 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this Vh1day of April 2015 by and between First American Title Company (hereinafter "Consultant"), 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 1 title and escrow related services. ' B. Consultant represents that Consultant is able and willing to provide such services to the .� City. C. In undertaking the performance oftlus Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm 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 Consultant shall perform those services as set forth in Exhibit A to this Agreement on an "as -needed' basis. Consultant understands that within the scope of work defined herein that it is being requested to perform title and escrow services for the City and in conjunction therewith to issue Title Insurance Policies. The Consultant agrees to issue Title insurance Policies in conjunction with this work and City understands that any liability of Consultant is subject to all Schedules, Exclusions, Exceptions, Covenants and Conditions contained in each policy. The title services may be used from various agencies in the City. however, `.title company shall proceed work only when received Notice to Proceed from Public Works Agency. Any work done without Public Works Agency authorization shall not be compensated, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges as set forth in Consultant's proposal as identified in Exhibit B. Consultant has filed rates with the State of California and may not deviate from them. The total stnn to be expended under this Agreement shall not exceed $360,000 during the entire term of this Agreement, including any extensions of the term of this agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subj eet to City accounting procedures. Payment need not Exhibit 1 1