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Question - taking on sub work 
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Ken,
    We have been approached by another security company to do work for them on a particular job.   We will be acting as the sub prime on this installation.  What should we have in place to cover ourselves?  This is our first time dealing with a matter of this nature where we aren't in control. 
Thanks,
Marvin
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Answer
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    You need to be concerned with many things, including getting paid and protecting yourself against liability as best you can.  The Standard Form Subcontract agreement covers the main issues you need to be concerned about.   Since you are the subcontractor you will want the form [it comes two ways, depending on whether its the sub or general contractor asking for the form] to deal with your responsibilities for labor and material, warranties, when you get paid, indemnity, etc.  Since you won't have a contract with the subscriber you need to be certain that the contactor hiring you has a proper contract with the subscriber and that the contract protective provisions extend to you.  You will want to be sure that the contractor has proper insurance in place and is properly licensed to contract with the subscriber for the services to be provided.  You also need to be licensed and carry appropriate insurance.  The Standard Form Contract provides for these issues so that you will either comply or ignore the subcontract terms.
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comment on licensing
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Ken,
    I hear the pain that John Romero has about NYS Alarm License's are a JOKE. I have sent 15 complaints to the Dept. Of State.  How companies get around of the license law is that they say they are a referral service for customers requesting alarm systems. (and I have a bridge in brooklyn I want to sell you).  Then the dept. of state said the only way to investagate you need documentation (a contract) to get them caught.  
    The bottom line Ken is that the dept. of state is a joke and they have no power in enforcing  non licens companies.
    I have a file of complaints to show anyone who would like to start a class action against the Dept Of State.
 Thank You
Steven Pagliaro
Safe World Alarm Co.
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comment on expert in Sonitrol case
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Ken;
     Isn't that lovely?  Jeff Zwrin teaches these Nicet prep courses (for a substantial fee) and makes a point out of telling everyone how smart he is.  Then he turns around and becomes an expert witness for the plaintiff?  I paid for one of his courses ONCE.  To quote The Who:  "We won't get fooled again."  Sorry Zwirn.  You can't have it both ways.  You can't teach Nicet prep and other fire theory courses and then turn around to be an expert witness for the very industry you are alleged to try and educate.
John from NJ
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Question - fire suppression 
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Ken,
    I have a question for your newsletter.  Our company provides fire protection services outside of standard electronic fire and security systems, including fire sprinkler, fire extinguisher and fire suppression systems.  I presume many of your subscribers provide these services as well, considering the synergistic relationship with fire alarm services.  We currently use your All in One contract, which I don’t believe your lists these types of systems.  Do we need to modify the contract to include this wider service offering, or is there language in it that includes services not specifically mentioned?
Regards,
Michael J. Vezina. VP National Accounts
Life Safety Engineered Systems
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Answer
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    The Fire Suppression Equipment Agreement was designed exactly for the services you describe.  It's an All in One and I suggest you get it - it really does provide comprehensive coverage for suppression services.  Get it at www.alarmcontracts.com
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Question - prevailing wages in NY
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Ken,
    I am having difficulty in identifying and qualifying when and exactly how much to pay NYS prevailing rates. What are the classifications and rates for the Security and Fire Alarm Industry? Is installation different than Service and programming ? NYC different than LI? Can I pay all the benefits in cash equivalents ?
    If the bid package doesn’t specifically require prevailing rates do I still have to pay them ?
    When I ask 3 other alarm dealers I get 3 different stories and the state is no help either 
anon
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Response
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    I don't know the classifications, though I do know they don't account for alarm tech trainees.  Anyone have an answer?
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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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Metropolitan Burglar and Fire Alarm Assoc of New York.  May 15, 2014 4:30 to 6:30 PM at Marriot Hotel, Uniondale, NY.  Comprehensive analysis and comparison of the Standard Form All in One contracts.  All alarm dealers welcome.  No charge for attendance. Dinner and MBFAA meeting will follow the seminar.  For more info and to RSVP contact Alan Glasser, Executive Director of MBFAA at 718-894-6712 or mbfaa.ny@gmail.com

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Northeast Security & Systems Contractors Expo  Thursday, May 22, 2014 10 am to 5 PM at  Royal Plaza Trade Center,  Marlborough, MA. registration https://www.expotracshows.com/neacc/2014/

 Presentation on Alarm Law issues and Q&A will be at 2 PM.  For more info contact Gary Spaulding, NEACC President 207-384-2420 gary@spauldingsecurity.com
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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Electronic Security Summit for 2014.  October 22-24, 2014  at the landmark Broadmoor Hotel. Colorado Springs, CO.  For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC.,  (786) 999-9738    alex.quirin@aspsummits.com    www.aspsummits.com