KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on subscriber demands after work completed
November 25,  2019
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Webinar Notice:STILL TIME TO REGISTER FOR TODAY'S  WEBINAR  
Title:  contracts and insurance – identifying your risk in 2020
Date:  November 25, 2019  at 2 PM Central time [3PM EST]
Hosted by ESA
Presenters:  Sophia Dominguez, from ESA, Crystal Jacobs, from Security America and Ken Kirschenbaum, Esq 
Format:  round table live video discussion and power point
Who should attend:  alarm company owners, monitoring center owners, risk managers
Register Here:  https://zoom.us/webinar/register/2615732472365/WN_nGQNtCosQjSPWzBL7_clIg
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Comment on subscriber demands after work completed from article on November 14, 2019
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Ken
            With regards to the guy complaining about not being paid because of the insurance requirements after the fact that he must meet [Nov 14, 2019 article].   This is a common situation and yes the costumer will state that you will get paid once your meet them. 
            Request number one that we ask always before doing anything including providing a quote is that you send us your insurance requirements.   That will decide if we even move based upon what they are.   In many cases today especially in NYC the management firms have engaged a compliance firm to maintain their certificates of insurance and contractor insurance requirements etc.   These firms mandate that you go on the internet and register your firm and pay a fee via credit card for the right to be a vendor now and every year as well.   They also supply a list of vendors that provide the same services to your potential client to shop around for equal service and prices so you are just added to that list.   Once you pay the nonrefundable fee on line you can then move on to the next page to provide more information and see if you are acceptable to be a vendor.   If you are not you lose your money that is usually about $250.00.   
            Next you must meet their insurance requirements as well as their terms and conditions and agree to such as well as the changes from time to time that you must visit their Website to see without notices from them of such.   Yes they make their agreements supersede yours regardless of what is stated in yours that take away all yours.   An example of this is to indemnify everyone under the sun like current and future owners, agents, engineers and architect etc., yes I said future.   
            If you call these firms on the telephone for help you will be speaking with someone in the Philippians, South America or India that cannot do anything other than completed the information that they have on their screen.   Previous relationships with your client if there is one will not apply any longer and attempting to bypass the management firm and go to the owner directly will not work since they are there to protect their client the building owner.   
            So what are your options?   Move on to someone else, loose the customer or kowtow and give in by giving up everything including the protection that you contract would provide.   Despite all this there are many businesses that do what is necessary to conform and retain the customer.   The best thing is just to walk.   
            We have actually found a work around in many cases but that is rare and I will not share what we have done to do so.   Oh by the way you can whistle Dixie (not politically correct)  expecting any of these firms to entertain signing your agreement even if you can find where to send it and that may also include the owner as well as the building manage.   
            One more thing, to all those that are going to comment that they have a special relationship with their customer/management firm and need not do this because they are special,  just hold that crape and see what time will bring.  The future is now here so get us to it!      
  Yours truly,
Welcome to the new requirements to do businesses
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Comment on wire removal from article on November 21, 2019
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Ken
            This is in response to the information Robert K provided.
            Here is information with regards to removing or tagging abandoned fire alarm cabling as stated in the 2010 version of NFPA as referenced in one of your articles as it applies to fire alarm system wiring.  
            760.2 Definitions.  Abandoned Fire Alarm Cable. Installed fire alarm cable that is not terminated at equipment other than a connector and not identified for future use with a tag.
            (A) Spread of Fire or Products of Combustion. Section 300.21. The accessible portion of abandoned fire alarm cables shall be removed.
            760.25 Abandoned Cables. The accessible portion of abandoned fire alarm cables shall be removed. Where cables are identified for future use with a tag, the tag shall be of sufficient durability to withstand the environment involved.
   NYC’s added version:
FPN No 3:  See Section BC 907 of the NYC Building Code for components’ description and use.
Section 760.2:  At the end of the definition of “Abandoned Fire Alarm Cable” add “However, a tag shall be securely fixed to each end indication location of opposing end.”
   Yours truly,
  Yes there is an obligation on abandon wire and not just with fire alarm systems!
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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