see The Alarm Exchange below
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Question re electronic contracts
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Hello Ken,
We are moving towards an electronic format for our sales documents. We are doing this for various reasons, but one goal is to limit the amount of times the Sales people have to come into the office to deliver paperwork. We use all of your contracts. This process has resulted in a few questions that we would like to pose to you. In our scenario, the documents are left with the potential customer, the customer signs the documents and emails them to the sales person, the sales person emails the documents to the office. This prompts the following questions:
1. Is it ok to have an electronic signature for the sales person that they can insert into the pdf sent from the customer and then email it to the office?
2. What are the legal ramifications of not having the sales person’s signature on the contract?
Our next step is to move to all electronic processing for Sales and in anticipation of this we have the following question:
1. Regarding the electronic signature, which is similar to filing your taxes electronically, are there any legal issues we need to be aware of?
Thanks!
L
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Answer
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Electronic contracts are perfectly legal and no doubt the future. How you accomplish getting the electronic contract signed is less clear, at least to me. You are using my Standard Form Contracts so you don't have the potential problem of not having it signed by your company. I see lots of contracts where the contract is not binding until signed by "an authorized officer of the company", only to have the subscriber claim that it never got a signed copy and thus the contract isn't binding. Once the contract is presented and both sides begin performance the contract is likely to be enforced, though I am not recommending that sloppy practice.
I am not clear on your procedure for getting these electronic contracts signed. You leave a PDF with the subscriber who then emails it to the salesman who then emails it into the office. How does the subscriber sign this PDF? I can't imagine that must subscribers have the sophistication of signing and scanning the PDF and then emailing it. The salesman can sign the PDF before giving it to the subscriber, or you can add the signature but signature or LS/ typing the name in. I believe there are businesses out there that provide the service of electronic contract signing.
Proving that a contract was signed electronically involves many of the same issues that arise when trying to prove that a written contract was signed by the party to the charged and that no modifications have been made. Only the technology changes. Instead of a handwriting expert I suppose there will be some computer geek who can identify where an email or electronic signature came from.
Most likely someone else can offer a better explanation - probably someone still in high school or college......
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Question on which contract to use
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Ken,
I was forwarded your contact info from Richard Cowan. We just got setup with a monitoring account with COP Monitoring and I’m looking for a monitoring agreement that I can have my customers sign off on for monitoring agreements. If you could please contact me and let me know what this will take I would greatly appreciate it as I have 3 accounts ready to go. Thank you
AC
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Answer
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You are referring to the Monitoring Contract. You'll also need sales and service. You should get the All in One and the Disclaimer Notice
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Question storing records
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Hello Ken,
Have a question, How long should or are we required to keep cancelled account files? I’m located in California.
Thanks,
Randall Eason
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Answer
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Assuming you have no notice of a claim involving that subscriber you are safe destroying the records once the statute of limitations for negligence and breach of contract has expired. You need to check your state laws because the time runs from 2 to 6 years. You can scan the documents rather than destroy them. Also check state license laws which may have record storing provisions, typically shorter than statute of limitation periods.
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claim to the rights of "RMR" - more trivia
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Ken,
I'm following up on your industry trivia and the letter from Lee Jones. I have known Lee since the late 70's, and have always been an admirer of his efforts and thinking, even when they are a little bit cloudy as to the origin of the phrase "recurring monthly revenue". Starting in the mid-70's, when I was doing education and training around the country, frequently under the umbrella of the National Burglar and Fire Alarm Association, I would start every seminar with the question of "What business are you in?" Invariably, new timers to my seminar would call out "alarm industry", "security business", "peace of mind business", etc. After all of the responses were out, I would look at the group, shake my head once and say "Well, not exactly". If you think about it, you either are in or should be in the recurring monthly revenue business, and everything you do should add value to that one mantra, recurring monthly revenue".
Since I'm still running around the country speaking or doing seminars, all you have to do is see the number of people who come up to me and remind me of the fact that I helped them get into the "recurring monthly revenue" business. I got the idea from George Smith III, when I was consulting with him in 1976. We were driving down the Central Freeway in Dallas, when he turned to me and said (I'll never forget this) "You know Ron, we're not in the security business, we're in the recurring money business." And it was from that point, that the phrase "recurring monthly revenue" was generated. I always regretted not having copy written that phrase. Ken, is it too late to copywrite it?
Ron Davis
Davis Mergers and Acquisitions Group, Inc.
AKA "the Graybeards"
rdavis@graybeardsrus.com
Cell: 847 910 7716
www.graybeardsrus.com
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Speaking engagements:
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Want to schedule me, Jennifer or Dennis Stern for a speaking engagement? Alarm associations can book my presentation by calling Eileen in my office at 516 747 6700 x 312.
The Alarm Exchange
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This area is reserved for alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;
There is no charge to post a listing here. The listing is subject to review and approval and will be posted for approximately 10 days unless renewed. Include your contact information, phone, email and web site. Posting by category will depend on response to this forum. Send your post to Ken@KirschenbaumEsq.com. To see the most current postings go to https://www.kirschenbaumesq.com/article/the-alarm-exchange
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Help Wanted:
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Key West FL Alarm Company seeking experienced alarm technician. Send resume with references and salary requirements to scotts@barnesalarmsystems.com. No phone calls please.
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NYC alarm company looking for experienced alarm techs.and operators Call Dana 212 206 0900 or email to unitednyjobs@aol.com
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NYC central station looking for experienced general manager. Contact Ken Kirschenbaum at 516 747 6700 ext 301. All inquiries will be keep confidential.
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Long Island Central Station Alarm Company looking for experienced alarm technicians and central station operators. Excellent salary and benefits. E-Mail hr@lowittalarms.com or call 516-433-6960 ext. 215.
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Oakland, CA company looking for experienced electronic technician – alarms, CCTV, access control, intercoms, etc. Send resume and references to HR@reedbrothers.com or call Nancy at 800-400-5625 x158
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Long Island, NY based fire and security technology manufacturer is looking for:
1. experienced installation technicians who are interested in exploring a technical support role.
2. a Fire Product Marketing Manager to join their team in the company HQ in Amityville, NY
3. a Software Quality Assurance Tester
Send a current resume and salary requirements in confidence to rbaker@napcosecurity.com
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Indianapolis, IN - Hoosier Security call 317-644-0570 or send resume to: armando@hoosiersecurity.com Actively seeking installation contractors and sales personnel experienced in alarm and digital CCTV.
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Eastpointe Michigan alarm company has an opening for an experienced alarm tech/installer, great salary, benefits, truck, medical. Call Hank Luks 586-772-6100 or email to www.controllor@aol.com
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San Antonio Texas based company is looking for experienced residential, commercial and fire alarm salesmen as well as experienced alarm installers. Submit resume via e-mail to Gmunford@saalarms.com Glenn Munford, President. Phone 210 342-3100 www.sanantoniosecurityalarms.com
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Washington DC area Home Automation company seeking experienced alarm technicians. Send resume with references and salary requirements to jobs@american-automation.com
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Western Suffolk alarm company looking for exp'd office help- exp in Microsoft office, downloading of alarm panel, inventory, collections, sales and general office help. Send resume to Jeanne@checkmatesecurity.com
631 669-3303 www.Checkmate Security
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Northern New Jersey Fire Protection Company is looking for an experienced Fire Alarm Technician, with at least 3 years’ experience. Send resume to laura@cityfire.com
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NJ Alarm Company (Bergen County), seeking a Central Station Operator for the 5pm – 12:00pm shift. Email resume and salary requirements to service@merchantsalarm.com . No phone calls please.
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California and Texas alarm company seeking Central Station Manager, Customer Service Manager, Operations Manager, Sprinkler Operations Manager, Service Manager, Project Manager, Service Technicians, Lenel Certified Technicians, Installers, Fire Testers, Reg 4 Fire Testers, Service Dispatchers, Central Station Dispatchers, and Sales Representatives in locations throughout California and Texas. email resume to bwatkins@ssdsystems.com
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Union, NJ alarm company looking for Service Technician, Installation Technician, and
Administrative Assistant. Send resume to humanresources@supremealarm.com
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Clifton, N.J. based alarm company looking for an aggressive sales person. commercial and residential fire alarms, burglar alarms, CCTV systems, Door Access Control Systems, Intercoms, etc. We are looking for a motivated self started, a professional with proven results and references. If you have the experience, product knowledge and drive call 1-800-486-5019 and ask for Tom Sr. or email tomsr@tralarm.com http://tralarm.com/
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Digital Monitoring Products (DMP) is looking for an experienced Regional Sales Manager for the North East Region covering Metro NY, E. PA, Long Island & Northern NJ are looking for a Sales executive with five or more years of sales and territory management experience or dealer direct selling in the region. To learn more about this opportunity, please contact Matt Schweiger at 417-693-3988 or email at mschweiger@dmp.com.
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Central FL based company looking for 2 experienced electronics technicians in Ft Myers and Daytona FL areas – Commercial Fire, Security, CCTV etc. Send resume and salary requirements to Allcomsolutionsinc@gmail.com
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Tulsa OK company is looking for an exp'd Service Technician for Burg and Commercial Fire Alarms, Access Control, and CCTV systems. Submit resume with references and salary requirements via e-mail to tcarey@advancealarms.com, no phone inquiries.
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Montrose, CO alarm co seeking Technician with experience. Email resume and references to Dan at superioralarmoffice@gmail.com or fax to 970-240-0366
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Merger and Acquisitions
NY - looking to purchase fire alarm subscriber accounts in New York metropolitan area. call Bob WIlliams at Briscoe Protective Systems Inc at 888 274 7263 ext 211 or email bobw@briscoeprotective.com All calls strictly confidential
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Southeast Arkansas. Security Integration co very lucrative agricultural vertical market, but having difficulty attracting and retaining installers to keep up with our workload. Primarily commercial/industrial integration but with approx. 240 monitored alarm accounts. Largely residential, upscale accounts with approx. 20% commercial accounts. Will consider either selling alarm accounts to focus on surveillance/access control or will consider selling all and work as regional sales manager for purchaser. Market has loads of potential. For confidentiality reasons, please contact me at my "other" email address hogshogshogs@att.net.
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Central Stations
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Nationwide Digital Monitoring - monitoring all of America UL Listed; NYC FD approved
800 221 0826 www.NationwideDigital.com Contact Alan Ankeles aankeles@NationwideDigital.com
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U.S.A. Central Station Alarm Corp - monitoring throughout the United States Bart Didden 877-872-1266
bdidden@usacentralstation.com www.usacentralstation.com
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United Certified Central Station Inc - monitoring the New York City metropolitan area. NYC Fire Dept approved and UL Listed. Dana Goffer 212 206 0900 x 301 http://www.weprotect.com/Monitoring%20station.html
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Counterforce Central Alarm Services Corp UL Listed NYC FD approved contact Phil Blair 718 575 3333 Phil@counterforcecentral.com http://counterforcecentral.com/services/index.htm
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Metrodial Central Station - FDNY Approved and UL Listed. Contact Andy Lowitt at 866-900-METRO or andy@metrodial.com www.metrodial.com
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COPS Monitoring: Nationwide Burglary, Fire, PERS, Video, & Critical Environmental monitoring from 5 central stations copsmonitoring.com http://copsmonitoring.com/lp/kk.html or call Betty at 800-367-2677 x 1256
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All American Monitoring – throughout USA. UL, Five Diamond, licensed LisaF@AllAmericanMonitoring.com or call 800 318 9486 x 212 www.AllAmericanMonitoring.com
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RESPONSE CENTER USA – Monitoring burglar and fire alarms. PERS (Medical Alarms) Specialists UL Listed.
contact JD Benfer 866-489-4105 jdbenfer@rc-usa.com www.rc-usa.com
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United Central Control, Inc. - UL Listed, 5 Diamond Certified, serving the entire USA - contact Kathryn Schultz - 866-907-4712 or kschultz@teamucc.com http://www.teamucc.com/
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AvantGuard Monitoring Centers : UL 2050 Listed, 5 Diamond, Fully Redundant Central Stations Specialize in PERS monitoring. Contact Troy Iverson 877-206-9141 www.agmonitoring.com
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Electronix Systems Central Station Alarms Inc., UL Listed, FDNY Approved
and Five Diamond Rated. Contact Jacqueline Jones
jackiej@electronixsystems.com (631) 271-4000 www.electronixsystems.com
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SentryNet monitoring nationwide, Canada and Mexico - UL and 2050 listed; FM Certified. Contact Kurt Erdman kerdman@sentrynet.com 800-932-3304 www.sentrynet.com
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Grand Central Station – monitoring of burglary, fire and video verification services throughout the United States. UL Listed Benny M. Martinez 800-230-1654x136 bmartinez@gcsmonitoring.com www.gcsmonitoring.com
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Security Response Center – alarm monitoring across Canada – ULC Listed
Beverley Champagne 888-346-6302 bchampagne@src.net http://src.net/
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Central Security Communications, Inc. monitoring throughout USA since 1963; UL listed; Denver Fire License; redundancy; family owned/operated 1-888-8ALARM8 Natalie@centralsecurity.com www.centralsecurity.com
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Rapid Response Monitoring - UL Listed, FM Certified, FDNY Approved, IQ Certified, SIA Certified -wholesale monitoring services, audio, video, GPS, PERS, IP and residential and commercial protection, completely mobile Connectivity Dealer & Customer Access Services. 800-558-7767, sales@rrms.com, www.rrms.com
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Security Partners – UL listed, CSAA 5-Diamond central station covering the entire US. Advanced Services Division helps dealers become more aware of emerging security technologies. Call Andy Stadler at 717.481.6379 or astadler@securitypartners.com www.securitypartners.com
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Paragon Monitoring Center - UL Listed; monitoring all major formats, video monitoring including Videofied and CheckVideo. Jeff Martin 866-936-6648 jeff@wemonitor.org - www.wemonitor.org
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Business Brokers / Consultants
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Ron Davis Davis Mergers and Acquisitions Group Inc rdavis@graybeardsrus.com Office 847 955 2345
Cell: 847 910 7716 www.graybeardsrus.com
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Mitch Reitman S.I.C. Consulting, Inc. Tax and Financial services 817-698-9999 MReitman@sicc.us www.sicc.us
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Rory Russell Acquisition & Funding Services www.afssmartfunding.com (800) 354-3863 Cell 518-366-5111
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Barry Epstein - Vertex Capital - representing Buyers and Sellers in Life Safety Industry. bepstein4@sbcglobal.net cell:972-740-2740
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Insurance brokers / insurance companies for alarm industry
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Alice Cornett Giacalone, Senior Vice President - selling alarm E&O throughout the United States
Central Insurance Agency, (800) 917-2542 aliceg@ciainsures.com www.ciainsures.com
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Ralph A.Costa - specializes in alarm insurance in New Jersey and other states 973 835 8444
ralph@burglaralarminsurance.com http://www.burglaralarminsurance.com/category.aspx?id=MISC1
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Security America Risk Retention Group Alarm industry owned and sponsored E&O insurance – Call SARRG at 1-866-315-3838, or info@securityamericarrg.com. www.securityamericarrg.com
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Premier Alarm Insurance, Kristin Sikorski, Isle of Palms SC 29451 1-800-792-1728
info@premieralarminsurance.com www.premieralarminsurance.com
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Rick Gombar Insurance Services, Inc. CA. Rick Gombar, President 800-446-6227
Rick@gombarinsurance.com www.gombarinsurance.com
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Eclipse Marketing & Insurance Services. Larry St John, CIC, Pres. 800-530-4448, LStJohn@eclipseinsurance.com - ins for alarm industry www.eclipseinsurance.com
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Financial Services
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Alarm Financial Services - funding for alarm dealers throughout the United States.
www.alarmfunding.com or call Jim Wooster 866-204-9350x12
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RMRFunding - Alarm account funding. www.rmrfunding.com Contact David Tropper (855) 767-1900 dtropper@rmrfunding.com
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Educational and Training Programs
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New York State alarm license Approved 81-HOUR License Course www.mbfaa.com
contact Alan Glasser (718) 894-6712 mbfaa.ny@gmail.com
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NYS 81 hour approved training - contact NYBFAA 814-838-3093 Info@NYBFA.org) www.NYBFA.org
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New York State 81-Hour Alarm License Course - Approved by NY Dept. of State taught by NYBPSS Licensed Instructors; www.electricaltrainingcenterli.com Call Justin or Barbara @ 631-226-8021
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New Jersey Fire Alarm, Burglar Alarm & Locksmith training. Exam Prep Training Series, Practice Exam and approved CEU courses. see www.NJCEUcenter.com or call Bob Shoremount 908-637-8557
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Attrition Busters Presentations-Seminars-Workshops-Consulting www.attritionbusters.com
contact Bob Harris(818) 730-4690 bobh@attritionbusters.com
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Florida Alarm School. FASA and BASA classes. Mike Fletcher mfletcher@heeth.com 813 621 2333 www.floridaalarmschool.org. Upcoming classes Oct 24 - Pensacola - Renewal; Oct 25/26 - Pensacola - New Agent; Oct 29/30 - Tampa - New Agent; Nov 2 - Gainesville - Renewal; Nov 7 - Miami - Renewal; Nov 8/9 - Miami - New Agent
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Marketing for the Alarm - Security Industry
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Bob Maunsell - Security Marketing Guru - www.SecurityMarketingGuru.com 508-835-1123 support@securitymarketingguru.com
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Security Dealer Marketing - full-service marketing agency for security businesses David Morgan
888-572-4450 x100 dmorgan@securitydealermarketing.com www.securitydealermarketing.com
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Technical Support
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Fire Alarm System Engineering
Fire Alarm Design Services. Complete code consulting, basis for design reports, AutoCAD, submittal documents. PE and NICET IV on staff. NY, NJ, PA areas. Contact Joseph Hayes, SET 914-645-1289 or HayesCPP@optonline.net
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Systems Support Specialists - Technical consultants for Central Station Services & Installation Services, Custom Programming, End User Solutions, Product Evaluations, and Technical training - Contact Mark Fischer - mfischer@systemssupportspecialists.com or (631) 850-0084 www.systemssupportspecialists.com
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Certified System Design – Central Station Facility Design, Automation Platform Conversion Management, Organizational Development, Operational Reviews, and Operational Support. For all things Central Station – Contact Dave Mann (443) 452-9235 or dmann@certifiedsystemdesign.com www.certifiedsystemdesign.com
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Miscellaneous
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Printers MonitoringContracts.com. Authorized printers for the Kirschenbaum Contracts TM. 866 322 4906 sales@MonitoringContracts.com www.monitoringcontracts.com
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alarm contracts - get them at www.alarmcontracts.com
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alarm company valuation - go to www.WhatsMyAlarmCompanyWorth.com
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Legal service for acquisition or sale of accounts. Contact Ken Kirschenbaum, Esq at 516 747 6700 ext 301, Jennifer Kirschenbaum,Esq at 516 747 6700 ext 302 or Dennis Stern, Esq at 516 747 6700 ext 323
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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
email: ken@kirschenbaumesq.com
phone: 516 747 6700
web: http://www.kirschenbaumesq.com