Agmt26 Ensight Technologies, LLC - PARCS System

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REV: 01-05-26 LR 1.5. “Data Breach" means the unauthorized access by a non-authorized person/s that results in the use, disclosure, or theft of City Data, Personal Data, or Non-Public Data. 1.6. “Final Acceptance” means the date of achieving Final Acceptance as defined in the Functional Specifications presented in Exhibit “A”. 1.7. “Functional Specifications” means Section 01 11 00 (Summary of Work), Section 11 12 24.14 (Pay-by-Plate Multi-Space Parking Meter (MSM) and Associated Gateless PARCS Software), Section 11 12 48 (Mobile License Plate Recognition Enforcement System), and Section 11 12 48.10 (Fixed License Plate Recognition Enforcement System) contained in Exhibit “A”. 1.8. “Hardware” means the physical goods that are sold under this Agreement by Consultant to the City, including but not limited to meters, pay stations, vehicle detection devices, cameras and required mounting accessories/cabinets, PARCS headend equipment, mobile LPR systems, proximity card reader, intercom station, signage, and other required materials such as bollards. 1.9. “Intellectual Property Rights” means all patents, design patents, and designs (whether or not capable of registration), and other like protection, copyright, trademark, trade name, all rights arising from the use of or existing in connection with domain names, rights in trade dress, rights in or relating to databases, and any other form of statutory protection of any kind and any other intellectual property rights ( registered or unregistered) throughout the world including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements. 1.10. “Non-Public Data” means data, other than Personal data, that is not subject to distribution to the public as public information. It is deemed to be sensitive and confidential by the City because it contains information that is exempt by statute, ordinance, or administrative rule from access by the general public as public information. 1.11. “Notice to Proceed” means the written notice following signature of this agreement provided by the City to Consultant authorizing the start of performance under this agreement. 1.12. “Personal Data" means data that includes information relating to a person that identifies the person by name and has any of the following personally identifiable information (PII): government-issued identification numbers (e.g., social security, driver's license, passport); financial account information, including account number, credit or debit card numbers. ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 2 of 167)