***********************
SERVICE CONTRACT ISSUES
***********************
Ken
    (I'd prefer to remain annon)
    We are coming upon a big hurdle at our company.  We use your contracts exclusively.  I wanted to share my experience with others in case it can help and to solicit your opinion.
    Recently our biggest client has entertained meetings with a very large company to possibly take over services we provide.  For over 15 years we have had a handshake deal which we largely benefited from since they paid us a year in advance.  Now they are asking for long term contracts and to spell out what we provide to include service contracts.
    I have to be apples to apples here and wonder if I should have some special contract being they operate over 20 locations.  Also, am I prepared to negotiate this type of multi year multi location contract on my own?? Could I benefit from counsel?
NNJ
************************
RESPONSE
************************
    The Commercial All in One includes repair service provisions, both for charges for RMR and specifying when and what is included, and excluded, in repair service.  That Agreement can be used for multiple locations with little modification.  
    The repair service provision in the printed form provides for labor and material, but that doesn't mean that you can't change that to any combination of labor and material that you want.  There are many provisions that pertain to the repair service and these terms should be compatible with the subscriber's expectations.  Of course these terms can also be modified for each deal.
    As to whether you can benefit from assistance of counsel, that will depend on what issues arise.  Business issues are within your exclusive domain.  If legal issues come up or contract modifications you may need counsel.
    By the way, you start by saying you use the Standard Form Agreements exclusively, and then explain that you have at least one large subscriber with whom you only have a handshake.  That's not smart.  You need a written contract with every subscriber and for every service you provide.  
***************************
FIRE ALARM SUBCONTRACTING QUESTION
***************************
Ken
    I’ve been asked to subcontract for a commercial fire alarm job. I’ll be doing the programing and will have the monitoring and services. The prime will install the wiring and devices.
    If I’m the sub:

    Regards,
 Michael 
*****************************
RESPONSE
*****************************
    You need to be very careful when you perform as subcontractor, especially on fire jobs.  You need to be sure that the general contractor, typically the one hiring you, has a proper contract with the customer and by proper I mean that it has all the protective provisions needed in a fire alarm agreement to protect you, the installer and your subcontractors, such as the central station.  
    The Standard Form Subcontractor Agreement calls for there to be an agreement with the subscriber.  You should be using the Subcontractor agreement, which comes in two forms, one for the general contractor and one for the subcontractor.  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 if you need assistance with contracts.
    If possible you should have the general contractor sign the Fire All in One; you will be using only the sales part.  Then you will have the subscriber - owner or tenant - sign a Fire All in One which will cover monitoring, inspection and repair service and the RMR charges applicable to those services.
*************************
REGARDING BRIC SECURITY'S I-ACS HOSTED SYSTEM [OCTOBER 21, 2016 ARTICLE]
*************************
Ken
    Free commercials?  Or is it any excuse to pitch a contract and you’ll let dealers hawk their wares?  The described features are not unique and may be done with most any VMS/CCTV system.  Of course, all dealers should protect their interests with a Kirschenbaum contract!
Anonymous please
***************************
RESPONSE
***************************
      Everyone in the industry, vendor and dealer, are encouraged to send in comments and questions for circulation.  You think it's easy putting this email out every day with original content?  Fortunately I don't have to deal with an editorial board, so yes it's perfectly acceptable to me for a vendor to promote itself, introduce or hawk a product or service, as long as the article is informative.  Furthermore, any article contributed for circulation that deals with Alarm Contracts is even better.  Thanks for asking.
***************************
COMMENT ON FLORIDA ALARM ASSOCIATION
***************************
Ken
    Thank you for your support of the AAF
    While I was working as GM of a West Palm Beach, FL  Alarm Co and an as active member of the group, I found Bob to be the "Florida go to person" if you needed an answer to anything...
Stephen Wolf
****************************