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<br />AGREEMENT TO PROVIDE ON-CALL REAL ESTATE <br />TITLE AND ESCROW SERVICES <br /> <br />THIS AGREEMENT is made and entered into this 2nd day of March, 2021 by and between <br />Fidelity National Title Company (ConsultantCity of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br /> <br /> <br />RECITALS <br /> <br />A. On September 28, 2020, the City issued Request for Proposal No. 20-123, by which <br />it sought qualified consultants to provide on-call real estate title and escrow <br />services <br /> <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 20-123. <br /> <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 <br />be expected from a professional contracting firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />On an on- <br />described in the scope of work that was included in RFP No. 20-123, which is attached as Exhibit <br />and incorporated in full. <br /> <br />2. COMPENSATION <br /> <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Consultant is one of three (3) consultants selected to provide services on an on-call <br />basis under RFP No. 20-123. The total compensation for these services provided <br />by all such consultants selected under RFP No. 20-123 shall not exceed the shared <br />aggregate amount of $300,000 during the term of the Agreement, including any <br />extension periods. <br /> <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Page 1 of 8 <br /> <br /> <br />