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REV: 01-05-26 LR <br />10.4 The Consultant will forfeit fifty dollars ($50.00) for each calendar day or <br />portion thereof for each worker paid less than the stipulated prevailing rates for <br />any public work done under the Agreement by it or by any subcontractor under <br />Consultant. <br />11. Subcontracting. <br />Consultant will not subcontract any portion of the Services without prior written approval <br />of the City Manager or their designee, except for approved subcontractors set forth in <br />Exhibit “A”, Attachment 5. If Consultant subcontracts any of the Services, Consultant will <br />be fully responsible to City for the subcontractor’s acts and omissions as Consultant is for <br />the acts and omissions of persons directly employed by Consultant. Such responsibility <br />will include responsibility for the acts and omissions of the subcontractor’s officers, <br />employees, consultants, subcontractors, and agents. Nothing contained in this <br />Agreement will create any contractual relationship between City and any subcontractor, <br />and Consultant will be responsible for paying subcontractors. Consultant will bind every <br />subcontractor and every subcontractor of a subcontractor by the terms of this Agreement <br />that bind Consultant unless specifically noted to the contrary in the subcontract and <br />approved in writing by the City Manager or their designee. <br />12. Other Consultants. <br />City reserves the right to employ other consultants in connection with the Services. <br />13. Data Protection. <br />13.1 Data Security. Consultant will use, at a minimum, NIST-approved technical <br />and organizational security measures to store City Data. These measures are <br />designed to protect the integrity of City Data and guard against unauthorized or <br />unlawful access. All City Data shall be encrypted while in transit and while at rest <br />or in storage on Consultant’s servers. <br />13.2 Electronic Commerce. Consultant shall protect data in accordance with the <br />Payment Card Industry Data Security Standard on behalf of the City, relating to <br />City activities when cardholder information is entered, accessed, transferred, <br />stored, or processed by Consultant or through their system. <br />13.3 Confidential Information. Consultant shall treat all City Data, Personal Data, <br />and Non-Public Data, including but not limited to remote access, such as <br />instructions, user IDs and passwords, as Confidential Information. In no case shall <br />Consultant allow a third-party access to City Data, Personal Data, or Non-Public <br />Data, including but not limited to customer information and proprietary Confidential <br />Information, without the express written consent of the City. <br />13.4 Protection. Protection of personal privacy and data shall be an integral part <br />of the business activities of Consultant to protect against inappropriate or <br />ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 10 of 167)