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is it capital improvement / mobile PERS nationwide and Canada / tenant and fire alarm March 25, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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is it capital improvement / mobile PERS nationwide and Canada /  tenant and fire alarm
March 25, 2017
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Next webinar March 28, 2017 - see schedule below
TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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is it capital improvement
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Ken,
    I have an existing customer who has a Doctor's office in NY and I sent her a quote for 13 cameras. She questioned me asking if this was capital improvement why would there be tax. I am not too familiar with Capital Improvement and if that is true what procedure I would need to follow.
Regards,
Mike D'Orazio
Safe-House Security, Inc
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Response
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    Sales tax is typically due on the sale of tangible goods or services.  So you sell equipment or perform a service call or installation, you charge a sales tax.  Sales tax however is not typically charged when performing a capital improvement.  That's an improvement to real property.
    Alarm systems are not improvements to real property.  I know that, and so should you, because the Standard Form Agreements make it very clear that the installation of the alarm system is not a permanent fixture and not an improvement to the real property.  This is an important issue because in some states there are laws limiting the enforcement or prohibiting the enforcement of some of the "protective" provisions we have in the Standard Form Agreements when the installation or service involves the improvement of real property.
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mobile PERS nationwide and Canada
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Ken,
    I wanted to reach out to you because we are going to be offering mobile pers to our customers and we are in need of a contract that they must agree to.  Can you let us know what we need to do to get that in motion – if this is not something you would handle can you steer me to the right person.
    Just to confirm that this will work for all the states correct?   Also can I use this in Canada.
Thanks
David
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Response
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    The nationwide PERS agreement is updated for all 50 states.  We have not updated it for Canada.  That would be an "extra". 
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tenant and fire alarm
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Ken
    I have a new customer who owns a building where the sole tenant is a large chain. I have contracted with the owner of the building to monitor the existing fire alarm system, and do inspections and service. She lives out of state. Since the only people that actually occupy the building is the tenant their manager will be on the emergency contact list. Should I have them sign a separate Fire Alarm All in One that states that all charges to be paid by the owner? Or does third party indemnification clause take care of all this.
Anon
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Response
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    The prudent approach would be to have the tenant sign the Fire All in One.  If the tenant doesn't want to sign the agreement you should send a letter to the tenant advising it that you are not providing fire alarm services for the tenant's benefit; only the landlord. Is that necessary?  Perhaps not, but it won't hurt.
    Also this advice presumes that the owner - landlord has signed the Fire All in One.  That agreement has the indemnity clause and insurance procurement clause in it.  Be sure those provisions are in tact and also be sure that the landlord has actually follow through and named you as an additional insured on the landlord's insurance policy.
    Some may think this advice is overly cautious because the Fire All in One also states there are no third party beneficiaries, and you will have indemnity and insurance coverage from the landlord.  However, your scenario makes it clear that the tenant is involved in the alarm because the tenant is on the call list.  If the tenant had nothing to do with the fire alarm [keeping in mind that a fire alarm doesn't  have to be set, it's always on] then I would be more comfortable not requiring the Tenant to sign an agreement.
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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TitleAll You Need To Know About Alarm dealer program contracts - getting in and getting out
When: March 28,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register herehttps://attendee.gotowebinar.com/register/7359323076355955715
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com
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