AG REEMENT
This Agreement ("Agreement"), dated for purposes of identification only this __ day of _____ , 2025, is made and entered into by and between the City of Anaheim, a municipal corporation ("Anaheim" or "Customer"), and Accelerated Technology Laboratories, LLC, a Delaware limited liability company ("Service Provider" or "Provider"). Anaheim and Provider are sometimes individually referred to as "Party" and collectively as "Parties."
RECITALS
A. Anaheim is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Anaheim Charter.
B. Anaheim desires to engage Provider to provide a web-based software solution to assist Anaheim in the completion of tasks related to its water quality testing and management, including sampling and testing scheduling, data collection, storage, visualization and analysis, regulatory benchmarking, and preparation of required annual reporting ("Project").
C. Provider possesses the products, skills, experience, ability, licenses, and certifications necessary to perform the Project services.
D. Anaheim has solicited and received a proposal from Provider and has evaluated Provider's products and previous experience and expertise, and Anaheim desires to retain Provider to render the Project services under the terms and conditions set forth in this Agreement.
TERMS AND CONDITIONS
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions contained herein, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Provider shall provide to Anaheim all labor, materials, tools, equipment, products, services, systems, and incidental and customary work necessary for the Project ("Services"). The Services are more particularly described in Section 2 of Exhibit A, which is incorporated herein by this reference ("Scope of Services"), and include (a) software-as-services ("Saas Services") and (b) onboarding and configuration Services ("Additional Services"). On behalf of Anaheim, the Public Utilities General Manager ("General Manager") or designee is authorized to add, modify, or delete tasks from the Scope of Services.
2. TERM
The term of this Agreement shall commence on the Effective Date and continue through the first anniversary of Anaheim's first access to the Saas Services ("Commencement Date"), unless earlier terminated per Section 27 ("Term"). Thereafter, the Term shall automatically renew for successive annual periods on each anniversary of the Commencement Date unless