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EXHIBIT 1 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 16"' day of July, 2019, by and <br />between -American -Capital Enterprises; -Inc; a California corporation (hereinafter <br />"Consultant"),"and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of debt collection. <br />B. On March 29, 2019, a notice inviting bids was advertised on the City's online <br />bid management and publication system as Request for Proposals #19-024: <br />Collection Services. Consultant was the highest ranked proposer. <br />C. Consultant represents that Consultant is able and willing to provide such services <br />to the City. <br />D. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />A. Consultant shall provide collection services in connection with overdue <br />accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated <br />April 9, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by <br />reference as Exhibit A. Compensation rates shall be as set forth in Consultant's <br />subsequent Negotiated Fee Proposal dated June, 26, 2019, on file in the Santa Ana <br />Purchasing Division and incorporated herein by reference as Exhibit B. <br />In performing said services, Consultant shall: <br />Make concerted efforts on behalf of the City to collect all past due <br />accounts assigned to Consultant. <br />2. Provide services on a contingency basis and retain commission on all <br />monies collected on assigned accounts, whether paid to City or <br />Consultant, at the following rates: <br />25H-5 <br />