KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Sale on Contracts tomorrow / Comment on fire department monitoring / Comment on normal to pay bribes
August 4, 2022
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Sale on Contracts - birthday special
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            If you check your calendar, you'll see that tomorrow is in red, signifying a special day, my birthday.  Not yet celebrated as a national holiday [don't count me out yet] but a happy day for the alarm industry.  All Standard Form Agreements are on sale tomorrow, all day.  20% off the published price and Concierge Clients get their 10% discount on top of that [still time to join the Concierge Program before placing the contract order]. 
            The Fire All in One was updated just this week. [If you bought it within last 6 months, be sure to get your free update]. If you don't have 2022 contracts this is great opportunity to get on the right path for best business practices.  Orders placed today through tomorrow at midnight will get the credit when we process the order. 
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Comment on fire department monitoring from July 19, 2022 article
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            In response to comments made in the July 19, 2022 which criticized me missed my intentions as usual.   The point that I was driving at is that the Central Stations' whole purpose is to receive, processes and act upon signals sent to them from a location and not engage in doing other things such as dealing with emergency events that may distract them from monitoring.   This way there is less of a chance of something being missed.  
            Fire Departments do not deal with trouble, supervisory and additional alarm signal that may come in from the same location, so only alarm signal would be acted upon.   While the same standard is not meet (central station as opposed to remote monitoring) that does not mean that it should be acceptable.   Even though the NFPA allows for remote monitoring, where in the NYS code in any section does it state that other than what I provided is acceptable?   The NYS code is enforced throughout the state with the exception of NYC because of its size opted out.   Any local municipality can do the same and have their fire department provide monitoring if they petition the state to do so.   Perhaps the person who takes exception to what I state can list those municipality that have successful accomplish that for all to see are allowed to do remote monitoring.   Not mentioned in the rebuff was anything about insurance credits for central station monitoring as opposed to none for fire department remote monitoring.   Why was that?   The commenter ran a central station so you would have thought that would be mentioned right?
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Response
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            I think we can all agree that local fire departments are not preferable to professional monitoring centers, and the municipalities should not be competing with the monitoring centers.  It would be better policy to work together to facilitate response to real fire alarms.  Maybe they can start with a roll back on dispatch once the fire department leaves the building. 
            Can anyone explain this seemingly ubiquitous policy, that once on their way the fire department will show up in full regalia and force even though the fire alarm has been retracted? 
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Comment on normal to pay bribes from July 18, 2022 article
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Ken,
            You missed the pertinent clue in “CHICAGO” where the governors make license plates. That is how business is done in the Windy City.
Joseph Hayes
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Response
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            Unfortunately for all, that's how it's done in most if not all cities, towns and villages.  Been that way forever and it's not going to change.
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another comment on bribes
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Ken,
            Recently Andrew asked if it is normal to pay bribes.  Apparently, Andrew has a job superintendent who wants a $600 gift card in exchange for awarding him a new job.  Your advice not to do it was good. 
            Andrew should consider that not only is this unethical but that it violates numerous state, local, and even federal law, as you pointed out.  There is a good chance that this superintendent will eventually get caught and Andrew will find that he has waded into the cesspool of a governmental investigation. 
            The IRS will most probably hop on the band wagon and will be asking Andrew why he didn’t send the superintendent a 1099.  Typically a 1099 must be issued for miscellaneous payments to an individual for certain purposes, I have scoured the Tax Code and I don’t see bribes included in “miscellaneous” but the IRS would have a good case.  If Andrew gets caught in the crackdown, it could generate state, local, and federal tax audits, and land him on banned governmental contractor’s lists.
            When someone asks about acknowledging the business relationship with a gift of some sort, my advice is “if you can eat it, drink it, or smoke it, at one time, it’s ok”, but think long and hard about anything else.
 Mitch Reitman
 Reitman Consulting Group
Fort Worth, TX
817-698-9999 x 101
http://www.reitman.us
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com