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INSURANCE NOT ON FILE N-2023-081 WORK MAY Ni:IT PROCEED CLERK OF COUNCIL DATE: AGREEMENT BETWEEN CITY OF SANTA ANA AND TODAY'S BUSINESS SOLUTIONS, INC., TO PROVIDE PRINT MANAGEMENT SERVICES THIS AGREEMENT is made and entered into on this 6th day of April, 2023 by and between Today's Business Solutions, Inc., an Illinois corporation ("Consultant" or "TBS"), 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 ("City"). O: LIJYelv�lACAV1.C)Cf+A);&- aa RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of print management services to provide such services to the City Library. J "o B. Consultant represents that Consultant is able and willing to provide such services to the City. ti C. In undertaking the performance of this Agreement, Consultant represents that it is Wknowledgeable 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: SCOPE OF SERVICES Subject to the terms and conditions set forth in this Agreement, Consultant shall implement and provide fully functional, well -documented public PC management, print management, wireless printing, ScanEZ stations, printers and cost recovery systems for City's Library. Such implementation shall include delivery, installation, testing, licensing, support and maintenance, including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Implementation Plan — Exhibit A and Service and Maintenance Agreement — Exhibit B, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed Forty Thousand, Nine Hundred Ninety -Nine Dollars and Thirty -Eight Cents ($40,999.38). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 #19793v4