We are still trying to get all of our customers switched over to your All In One Contract which we purchased from you but we have come across an issue with a college here in GA that has sent letter to us and stating that they cannot sign due to the wording of the contract being against GA law. Can you please advise what we may can do to resolve this matter on both ends as we have approximately 10 account locations with this college.
Your subscriber is essentially a state owned agency, in this case a college. The college is bound by laws that affect the municipality and its agencies. Because of fiscal budgets which are calculated annually by the municipality it's not uncommon for the municipality to have a law on the books that restrict its agencies from entering into contracts that have terms beyond one year. If you have a municipality that has signed a long term agreement, as all the Standard Alarm Contracts forms are, it may very well be that the municipal worker signing the agreement didn't realize the term exceeded one year, didn't care or figured you won't be able to enforce it after the one year anyway because of the law in the jurisdiction.
Some municipalities won't want to sign any agreement other than one prepared by its counsel. If you don't have a form agreement then obviously you won't get the opportunity to present that agreement in the first instance and then negotiate that agreement and better, get it signed.
Let's look at what this municipality objected to. It's a common objection for a municipality to make.
- Indemnity Provision: The municipality is prohibited by law from indemnifying a contractor. You can live with this objection. Delete the indemnity provision which is the first sentence of that paragraph.
- Insurance Procurement Clause: This municipality, like many, is self insured. It will routinely object to any contract term requiring it to obtain insurance, and even if it does have a policy for excess coverage over a large deductible, it won't want to cover you, for the same reason it won't indemnify you. You can strike the clause. If you want to be creative you can modify the clause to make it clear that the municipality is self insured and understands that it is not looking to the alarm company for damages for alarm equipment or service failure.
- Term: As mentioned above, this municipality can only agree to one year on service contracts. This is a business decision for you to make. Be sure to insist on the month to month renewal so that the contract does not expire.
When dealing with a municipality it's a good idea to present your All in One Agreement, filled out, and if necessary agree to the municipalities form agreement. You would indicate that your agreement governs except to the extent contradicted by the municipalities form, in which case that document would govern. Be careful what you agree to. Advise of counsel is probably a good idea. You have my number.
Get updated All in One forms on line at www.alarmcontracts.com or call our Contract Administrator Eileen Wagda at 516 747 6700 x 312.
FREE BOOK PROMO - JAY STUCK'S SECOND BOOK - DOWNLOAD NOW FOR FREE
It's always interesting to read an author that you can feel some affinity. Security industry veteran and alarm guy Jay Stuck has written his second George Dreme hypochondriac hitman novel, called Fever Dreme. As a special for readers of this forum Jay is offering his new book on December 10 and 11th for free download. Here's the link: http://www.amazon.com/FEVER-DREME-GEORGE-THRILLER-ebook/dp/B015LJUYE6
Jay’s experience in the security industry is reflected in the books, especially when he writes about camera technology.
“My character is very familiar with camera technology, as well as its limitations, and uses that to his advantage.”
“I’ve tried to create the anti-James Bond character,” says Stuck. “He’s smart and relatively sophisticated, but rather than killing super-villains in underwater mega-fortresses with a blond on his arm, my character illustrates the unglamorous, unromantic side of killing. It’s a dirty, ugly business conducted by psychopaths and sociopaths. Some of whom are actually very witty once you get past their vocation.”
Jay says that he also concentrates on the boring aspects of a hitman’s job like surveillance. Jay Stuck’s first book in the series is Bad Dreme which he previously offered on here for free.
His book website is: www.Georgedremethrillers.com.