Agmt26 Ensight Technologies, LLC - PARCS System

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REV: 01-05-26 LR materials, and other expenses. The City shall not be obligated to pay for any work performed outside the approved scope unless authorized by a fully executed Change Order. 7.6.4 Impact on Final Acceptance. Any approved Change Order that modifies the scope of Services shall be incorporated into the final acceptance milestone as described in Section 7.2. The Parties shall mutually agree on any adjustments to the acceptance criteria or timeline resulting from the Change Order. 7.6.5 No Unauthorized Work. Consultant shall not perform any work outside the scope of this Agreement without an approved Change Order. Any such work performed without prior written approval shall be at Consultant’s sole risk and expense. 8. Term of Performance, Notices to Proceed, and Hardware and Software Delivery. 8.1 Consultant shall begin performing the work set forth in Exhibit “A” upon receipt of a Notice to Proceed (NTP) from the City. Consultant shall perform and complete all work according to Exhibit “A”. Unless sooner terminated in accordance with this Agreement, the Agreement shall continue in full force and effect from the Effective Date until the expiration of the service and warranty period (including any extended service and warranty period purchased by the City). 8.2 Receipt of the Notice to Proceed from the City shall be considered a firm and binding order to purchase all hardware required to deliver the System Component Groups specified in the Notice to Proceed, and firm and binding authorization to begin performing the labor related to the installation, configuration, and training in logical sequence as required to deliver the gateless payment system. 8.3 The risk of loss or damage and title for the ordered Hardware will pass upon delivery to City and acceptance in writing by the City’s authorized representative, which may not be unreasonably withheld. For purposes of this Section, the City’s authorized representative shall be the City’s Parking Manager, unless otherwise designated by the City Manager. Consultant retains a security interest in products sold until it receives payment in full for all milestones described in Section 6. 8.4 Consultant will provide network bandwidth between its servers and the Internet at levels that will provide dependable and stable access, allowing the product to operate as intended. The garage systems are dependent on reliable internet connectivity and speeds. The City will be responsible for providing reliable internet service at speeds no less than 50mbps upload and 50mpbs download. Uptime will be at least 99.99%. Consultant will exercise reasonable efforts to achieve the performance levels set forth above. Consultant will use reasonable ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 8 of 167)