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INSURANCE ON FILE <br />WORK MAY PROCEED N-2023-298 <br />UNTIL INSURANCE EXPIRES <br />CTP !W <br />CITY CLERK <br />DATE; AGREEMENT WITH H.P. SEARS CO., INC <br />TO PROVIDE COLLECTION AGENCY SERVICES <br />p fMsR ") <br />FPr <br />CP ien Ha ) THIS AGREEMENT is made and entered into on this 1" day of October, 2023 by and between <br />Herbert P. Sears, Co., Inc., a California corporation ("Consultant'), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />o the State of California ("City"). <br />RECITALS <br />0 <br />A. On July 16, 2019, the City entered into Agreement 4A-2019-119 with American Capital <br />Enterprises ("ACE") to provide collection agency services for the City. On June 28, 2023, <br />ACE notified the City of issues which affected their business operations and recommended <br />the transition of services provided in Agreement #A-2019-119. <br />B. The City desires to retain a new Consultant having special skill and knowledge in the field <br />of debt collection services as provided in Agreement #A-2019-119. Consultant represents <br />that it is able and willing to provide such services to the City provided in the <br />aforementioned agreement. <br />C. As part of this engagement, Consultant has represented that honor the scope of services <br />and costs, identified as Exhibits A and B, in Agreement #A-2019-119 for the duration of <br />this Agreement, as defined below. <br />C. hi 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 />A. Consultant shall provide collection services in connection with overdue receivable <br />billing assigned by City, as set forth in Exhibit A. <br />In performing said services, Consultant shall: <br />1. Make concerted efforts on behalf of the City to collect all past due accounts <br />assigned to Consultant. <br />2. Provide services on a contingency basis and retain commission on all monies <br />collected on assigned accounts, whether paid to City or Consultant, at the <br />following rates: <br />Page 1 of 10 <br />#318460vl <br />