For Our Commercial Service Customers

PLEASE READ THESE SERVICE TICKET TERMS CAREFULLY BEFORE SIGNING THE SERVICE AGREEMENT.


THESE SERVICE TICKET TERMS FORM PART OF AND ARE INCORPORATED INTO THE SERVICE AGREEMENT. FEDORA INTERTECH IS WILLING TO PROVIDE SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS.


ADDITIONAL SPECIFIC TERMS

A5. PREVAILING WAGE NOTICES

A5.1 FLORIDA PREVAILING WAGE NOTICE. If Client requests Service for a project in Florida, Client hereby acknowledges that:

(a) Client is obligated to determine if the project is a prevailing wage job for which prevailing wages must be paid. If the project is funded by federal funds, then the project may be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and other federal laws.

(b) The Federal Government requires the payment of prevailing wages for all construction contracts that have federal funding that exceeds $2,000, which includes federal, state, and local public works projects.

(c) Individual cities/counties within Florida may also have imposed either their own prevailing wage regulations or the Davis-Bacon Act. The city of Orlando applies Davis-Bacon wages to its construction projects. Miami-Dade County’s Board of County Commissioners established a Responsible Wages and Benefits requirement for minimum payment of specified wages to employees performing work on County construction contracts and privately funded construction on County owned land. Responsible Wages and Benefits applies to competitively bid construction contracts valued greater than $100,000 as defined in the provisions of Section 2-11.16 of the Code of Miami-Dade County.

(d) It is Client’s responsibility to provide Fedora Intertech with advance notice of any project to which prevailing wage law applies. Unless Client has provided Fedora Intertech with a Prevailing Wage Notice (pursuant to Section 2.4) specifying that the Services described herein are subject to an obligation to pay prevailing wages, the prices quoted herein do not reflect prevailing wages.

A5.2 MARYLAND PREVAILING WAGE NOTICE. If Client requests Service for a project in Maryland, Client hereby acknowledges that:

(a) Client is obligated to determine if the project is a prevailing wage job for which prevailing wages must be paid. If the project is funded by federal funds, then the project may be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and other federal laws.

(b) The Federal Government requires the payment of prevailing wages for all construction contracts that have federal funding that exceeds $2,000, which includes federal, state, and local public works projects.

(c) The Maryland prevailing wage law (Md. Code Ann., State Fin. & Proc. § 17-201 et seq.) covers any contract of $500,000 or greater with State funding of 50% or more, except for school construction where it covers any contract with a value of $500,000 or greater when State funding is 25% or more.

(d) Montgomery County has its own prevailing wage law (Montgomery County Ordinances Sec. 11B-33C Prevailing Wage Requirements — Construction Contracts) which requires the prevailing wage be paid to workers on County financed construction contracts that are valued at more than $500,000.

(e) It is Client’s responsibility to provide Fedora Intertech with advance notice of any project to which prevailing wage law applies. Unless Client has provided Fedora Intertech with a Prevailing Wage Notice (pursuant to Section 2.4) specifying that the Services described herein are subject to an obligation to pay prevailing wages, the prices quoted herein do not reflect prevailing wages.

A5.3 PENNSYLVANIA PREVAILING WAGE NOTICE. If Client requests Service for a project in Pennsylvania, Client hereby acknowledges that:

(a) Client is obligated to determine if the project is a prevailing wage job for which prevailing wages must be paid. If the project is funded by federal funds, then the project may be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and other federal laws.

(b) The Federal Government requires the payment of prevailing wages for all construction contracts that have federal funding that exceeds $2,000, which includes federal, state, and local public works projects.

(c) Under the Pennsylvania Prevailing Wage Act (43 P.S. §§ 165-1 — 165-17), prevailing wage rates must be paid to all workers who perform work under contract, paid for, in whole or in part, by funds of a public body, where the estimated cost of the total project is greater than $25,000.

(d) If Fedora Intertech is a subcontractor or contractor on a public project, and the project itself is $25,000 or more, the Pennsylvania Department of Labor and Industry requires that the subcontractor pay the prevailing wage on that project even if the subcontractor is paid less than $25,000 on the project.

(e) It is Client’s responsibility to provide Fedora Intertech with advance notice of any project to which prevailing wage law applies. Unless Client has provided Fedora Intertech with a Prevailing Wage Notice (pursuant to Section 2.4) specifying that the Services described herein are subject to an obligation to pay prevailing wages, the prices quoted herein do not reflect prevailing wages.

A5.4 TEXAS PREVAILING WAGE NOTICE. If Client requests Service for a project in Texas, Client hereby acknowledges that:

(a) Client is obligated to determine if the project is a prevailing wage job for which prevailing wages must be paid. If the project is funded by federal funds, then the project may be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and other federal laws.

(b) The Federal Government requires the payment of prevailing wages for all construction contracts that have federal funding that exceeds $2,000, which includes federal, state, and local public works projects.

(c) There are two prevailing wage laws adopted in the state of Texas — the state prevailing wage statute Texas Government Code Chapter 2258 and the Davis-Bacon Act. Each political subdivision within Texas counties has a choice to adopt Davis-Bacon or Chapter 2258 regulations.

(d) The Texas prevailing wage statute does not require a minimum monetary threshold amount that must be met for prevailing wages to apply to public works construction projects. Jurisdictions that have adopted Davis-Bacon include: Austin; Baytown; Galveston County; Galveston County College of Mainland; Harris County; Harris County Hospital District; Houston; Houston Airports; Lubbock; Metropolitan Transportation Authority of Harris County; Pasadena; Texas City; Texas Facilities Commission.

(e) It is Client’s responsibility to provide Fedora Intertech with advance notice of any project to which prevailing wage law applies. Unless Client has provided Fedora Intertech with a Prevailing Wage Notice (pursuant to Section 2.4) specifying that the Services described herein are subject to an obligation to pay prevailing wages, the prices quoted herein do not reflect prevailing wages.

A5.5 ALL OTHER STATES PREVAILING WAGE NOTICE. If Client requests Service for a project in a jurisdiction other than Florida, Maryland, Pennsylvania, or Texas, Client hereby acknowledges that:

(a) Client is obligated to determine if the project is a prevailing wage job for which prevailing wages must be paid. If the project is funded by federal funds, then the project may be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and other federal laws.

(b) The Federal Government requires the payment of prevailing wages for all construction contracts that have federal funding that exceeds $2,000, which includes federal, state, and local public works projects.

(c) The state, municipality, or other authority that has jurisdiction over the site where the project is to be performed or that is funding the project may have adopted a prevailing wage law that is applicable to the project.

(d) It is Client’s responsibility to provide Fedora Intertech with advance notice of any project to which prevailing wage law applies. Unless Client has provided Fedora Intertech with a Prevailing Wage Notice (pursuant to Section 2.4) specifying that the Services described herein are subject to an obligation to pay prevailing wages, the prices quoted herein do not reflect prevailing wages.

A6. Limited WarrantiesFedora Intertech’s one-year limited warranty on equipment (excluding software and batteries) is set out in Section 7.1.1. Fedora Intertech’s one-year limited warranty on Services is set out in Section 7.1.2. Fedora Intertech’s one-year limited warranty on software is set out in Section 7.1.3.

A7. Service Exclusions. Unless otherwise expressly agreed in writing between the Parties, Fedora Intertech has no obligation to perform any of the following excluded services (each an “Excluded Service”):

(1) eliminating electro-magnetic interference or radio-frequency interference (RFI), which may hinder operation of any installed system;

(2) the refurbishment or replacement of doors or door jams;

(3) remedying any contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, or from any radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

(4) remedying any contamination by any hazardous material or hazardous waste;

(5) identification, testing, removal, or disposal of hazardous materials.

Excluded Services (if any) requested by Customer may be provided at Fedora Intertech’s discretion. Fedora Intertech, however, may decline to perform Excluded Services for any reason or for no reason. Excluded Services (if any) performed by Fedora Intertech will be charged on a time and materials basis at Fedora Intertech’s applicable service rates in effect at the time the Service is supplied, unless otherwise agreed in writing between the Parties.

Software Services, Monitoring Services, and Extended Services may be separately purchased by Customer from Fedora Intertech under a separate agreement.

A8. Customer ResponsibilitiesUnless otherwise expressly specified herein, Customer is responsible for:

General (applicable to all systems)

(1) providing an appropriate work environment and reasonable access, including working space with heat, light, ventilation, electric current (120VAC), outlets, and local telephone extension for the use of Fedora Intertech service personnel in the project equipment’s physical location;

(2) providing Fedora Intertech with a list of all personnel that Customer has authorized to contact Fedora Intertech and a single point of contact for all project communications and decisions and ensuring prompt responses to all project related inquiries from Fedora Intertech;

(3) providing all LAN connections, phone lines, and internet access (suitable for downloading software images by Fedora Intertech on-site personnel) for equipment installed and/or serviced by Fedora Intertech;

(4) providing a safe work environment and/or security protection of Fedora Intertech’s personnel where Fedora Intertech believes necessary in the project;

(5) procuring software and paying all applicable software licensing and software support fees;

(6) providing hoists, harness, and ladders for servicing equipment that is installed (or is to be installed) outdoors or that is installed (or is to be installed) indoors but which requires similar equipment in order for Fedora Intertech service personnel to safely service (and/or install) it;

(7) providing appropriate space for and a suitable operating environment for data collection panel equipment in field locations and equipment at the monitoring/control location; and

(8) supply and installation of conduit or wire mold (furnished with drag lines).

Access Control System Installation

(1) ensuring that any electronic door to be connected to the access control system will not pull over 0.5 Amps at 24VDC;

(2) populating the card holder database and define/program access levels, time zones, personnel data, programming maps, alarm message definitions and instructions, and any user defined data;

(3) providing and installing a server-class PC, meeting or exceeding recommended specifications for access control software;

(4) providing and installing workstation-class PC’s for all remote view stations;

(5) fire alarm release at the project locations designated by Fedora Intertech;

(6) supply and/or installation of doors, locks, hardware and other structural changes; and

(7) elevator travel cable, cab device installation, and control interface by others.

Video System Installation

(1) elimination of electromagnetic interference or radio-frequency interference (RFI) which may hinder the operation of any installed system components;

(2) lighting required for the operation of any video system; and

(3) furniture or shelving required for any video system.

Intrusion Alarm System Installation

(1) all monitoring services; and

(2) phone line installation, activation, and extension of demarcation points to Fedora Intertech specified project location(s).

Fire Alarm System Installation

(1) project system design changes required by any governmental authorities (e.g. fire marshal) or to comply with any other applicable regulations; and

(2) permits, engineering fees, licensing, or other requirement of an any authority having jurisdiction.

 

Fedora Intertech Commercial Service Ticket Terms Rev. 1.1 (8 September 2021)

Fedora Intertech