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INSURANCE NOT ON FILE <br />WORK MAY N1 PROCEED <br />CLERK OF COUNCIL <br />n6,-rF- AUG 1 0 2009 <br />CONSULTANT AGREEMENT <br />A- 2009 -107 <br />THIS AGREEMENT, made and entered into this 6th day of July, 2009 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 />s (hereinafter "City "). <br />i RECITALS <br />_ A. The City desires to retain a consultant having special skill and knowledge in the <br />field of debt collection. <br />y <br />Q - B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. 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 />miscellaneous accounts receivable billings assigned by City, as set forth in Consultant's <br />Proposal dated May 12, 2009, on file in the Santa Ana Purchasing Division. In <br />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 />(i) Standard accounts 20% <br />(ii) Accounts requiring legal action 35 %. <br />3. Collect any interest accruing from the date of assignment, if allowed by law. <br />4. Obtain prior approval from City before initiating any legal action on an <br />account. <br />5. Advance all legal costs in connection with approved legal action against any <br />debtor. <br />