Agmt26 Ensight Technologies, LLC - PARCS System

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REV: 01-05-26 LR efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled maintenance. If Consultant intends to install an upgrade or patch to the system that impacts the availability, operation, look-and- feel, or functionality of Services, Consultant will provide the City at least two (2) business days’ notice and coordinate if necessary with the City before any upgrades or patches are applied so the City can plan accordingly, and (2) will promptly investigate any technical problems that the City reports. 8.5 Neither the City nor Consultant shall be considered at fault for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance. It is not intended by the parties that any such delay shall extend for a period in excess of sixty (60) days. 9. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. 10. Labor Code Prevailing Wage. To the extent required by law, Consultant will comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation and prevailing wages. When prevailing wage rules are applicable, the following provisions apply: 10.1 No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Services under this Agreement will be paid to all workers, laborers and mechanics employed in the execution of the Services by the Consultant or any subcontractor doing or contracting to do any part of the Services. 10.2 The appropriate determination of the Director of the California Department of Industrial Relations will be filed with and available for inspection at City offices. 10.3 Consultant will post, at each job site, a copy of the prevailing rate of per diem wages. ATTY/AGR.2026.001/EnSight Technologies (Parking Access and Revenue Control System (PARCS)) (Page 9 of 167)