25G - COLLECTION AGENCY SVCS - Laserfiche WebLink

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CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6`h day of July, 2009 by and between American Capital Enterprises, Inc., a California corporation (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 debt collection. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this 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 A. Consultant shall provide collection services in connection with overdue miscellaneous accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated May 12, 2009, on file in the Santa Ana Purchasing Division. In performing said services, Consultant shall: 1. Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following rates: (i) Standard accounts 20% (ii) Accounts requiring legal action 35%. 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 25G-3