KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Safe storage for equipment on site / Credit card upcharge / webinar registration February 18, 2022 ******************** Webinars Schedule: See below for details and Registration ***************** February 22, 2022: common legal issues in buy-sell deals February 24, 2022: issues buying or selling alarm company and broker's roll March 1, 2022: All-in-One Operations and Accounting Software for Security Integrators March 8, 2022. Recruiting, hiring and retaining field talent ************************ Safe storage for equipment on site ************************ Ken, Typically on most of our jobs we keep ladders and a job box on site with tools and spare parts. Upon completion or takeover of a job that we will be inspecting and servicing we keep a job box with tools, ladder(s) and parts at the building so we can just go without the need to stop for anything. As such, we need safe storage, Can this be addressed in the agreement? Thank you, Jeff ************************* Response ************************** This is a new one for me. You must own a lot of ladders. The Standard Form Agreement addresses material and equipment for installation delivered to a job-site, and shifts the risk for loss to the subscriber. But, if I read your inquiry correctly, you are leaving tools, equipment and spare parts on a job site after the installation so you can have these items readily available for your service calls. When the owner of personal property [which is everything other than real estate] leaves that property with another person, under that other person’s control, the relationship is Bailor – Bailee; you would be the bailor. Absent agreement to the contrary, a bailee is generally not liable for the damage or loss of a bailor’s property unless the bailee was negligence contributing to the loss or damage. In other words, in most cases the risk of loss stays with the owner of the property, the bailor. You want to change that allocation of risk, and you can, by contract terminology. The Standard Form Agreements do not address this issue. The provision can be added, of course, and you can include such terminology in the Schedule of Equipment and Services, or if there is sufficient interest, we can modify the Standard Form Agreements. Is there sufficient interest for this change? ******************** Credit card upcharge ********************* Ken, We want to start charging credit card surcharges, which we’ve never done before. Are you aware of anything we need to follow legally? I know they are legal in Maryland, but I’m not sure if there are specific rules we need to follow. Thank you, April ********************** Response ********************** Generally I believe the answer is yes you can add a surcharge, however it would be a good idea to check the law in your jurisdiction and with your credit card processor. There are several credit card processors on The Alarm Exchange and they should be willing to help, especially if you use their services. Certainly you will need to have contractual consent to impose the surcharge, and that will be in the contract with the end user and in the credit card authorization form. ************************* Webinars: Registration - sign up today ********************** Webinar Title: common legal issues in buy-sell deals When: February 22, 2022, at 12:00PM Eastern time Topic Details: common issues to consider in smaller buy-sell transactions Presented by: Jesse Kirschenbaum, Esq. Kirschenbaum & Kirschenbaum Who should attend: Company owners, CEOs, CFOs Register here: https://attendee.gotowebinar.com/register/1255265567049106699 ********************* Webinar Title: issues buying or selling alarm company and broker's roll When: February 24, 2022, at 12:00 PM Eastern time Topic Details: How to prepare for negotiations and what to expect Presented by: Ron Davis and Kelly Bond of Davis Mergers & Acquisitions Group Who should attend: Company owners, CEOs, CFOs Register here: https://attendee.gotowebinar.com/register/2395407448165624590 ************************ Webinar Title: All-in-One Operations and Accounting Software for Security Integrators When: March 1, 2022 12 PM ET Topic Details: Software platform created specifically for the security installer industry. FieldHub tackles some of the thorniest operational arenas that other platforms leave behind, including RMR management and inventory tracking, all on a robust, native general ledger platform to keep your revenue and expenses in sync. Learn how FieldHub provides a single system to manage leads and proposals through project and field service management, inventory, recurring/deferred revenue management, and full accounting. Presenter: Miles Fawcett, CEO FieldHub Inc. miles@fieldhub.com Phone: 202.417.8196 Hosted by: Ken Kirschenbaum,Esq., Who should attend: Company owners, CEOs, CFOs, Manager, back office personnel who work with management software Register Here: https://attendee.gotowebinar.com/register/6859015638805983246 **************************** Webinar Title: Recruiting, hiring and retaining field talent When: March 8, 2022 12 PM ET Topic Details: Even before the pandemic, hiring and retaining field talent in the security industry was growing increasingly difficult. This webinar will explore the best ways to find talent, prequalify them and develop enthusiasm to consider joining your team as well as how to quickly determine if a candidate’s psychomotor skills match their resume. Webinar will discuss skill matrixes and why they are valuable tools to incentivize and retain talent, help improve morale and promote consistent, transparent compensation. Presenter: Peter Goldring, SET, NICET #143428 Fire Alarm Systems, Level IV, ACFE Certified Fraud Examiner. Peter M. Goldring Consulting LLC Phone 516-640-1410 peter@goldringprotection.com www.goldringprotection.com Hosted by: Ken Kirschenbaum,Esq., Who should attend: Company owners, CEOs, CFOs, Manager, Human Resource Personnel Register Here: https://register.gotowebinar.com/register/7491717510381999116 ************************ Comments on abort or cancel signals from article on January 22, 2022 ************************* Ken This is regarding the January 22, 2922 post about inconsistent response by “central station” to abort or cancel signals generated by an alarm system. From the relatively wide variety of responses by different operators at the central station it appears to be an “operator training issue”. A central station should have a regular training regimen for operators with ”retraining” on a regular basis. The central station should also be establishing standards regarding information and instructions that each dealer should supply when a new account is set up. Example - when we set up new residential account for burg and fire we instruct central station to call protected premises twice before dispatch, if no contact made or incorrect password, dispatch. Abort or cancel signal from alarm system does not change the above instruction. An abort or cancel signal from the alarm system could easily be generated by customer under duress. Seth Oginz Security Consultants Unlimited *************************** Another comment ************************** Ken, Regarding Anon and Abort/Cancel Signals from Jan 22, 2022: Different alarm companies, of course, may want their signals handled different ways for a variety of reasons, but here are some suggestions which have proved useful over the years: First, here are some descriptions which may be useful: Abort/Cancel signal Duress disarm signal Duress password Panic alarm signal The Abort/Cancel Signal is a signal which is sent after a normal non-emergency disarm. I suggest that the central station always call the client on this signal. It gives the client an opportunity to give to the central station the Duress Password, which will be explained below. It also give the client a warm fuzzy to know that his system is actually working, communicating with the central station, and that an actual person saw the signal and responded to it. That builds loyalty, knowing that when he makes his monitoring payment, that there really is someone "watching over" him, and he is not just sending money into a black hole, wondering if his system is actually working while hoping for the best. It is a contact with the client. The Duress Disarm Signal is a signal which is sent to the central station when the client disarms with a special disarm code instead of the regular disarm code. This feature can be used in the instance in which a client is being forced by the bad guys to disarm the system. The code can be anything, including something simple and easy to remember, such as reversing the first two digits of the regular disarm code. Most alarm panels can be programmed by the alarm company to send a standard disarm signal when that user disarm code is entered. The alarm siren is programmed by the alarm company to NOT sound. The central station will usually NOT call the premises so as to not alert the bad guys that anything is amiss. But if the central station does happen to call, then the client would give the Duress Password. The central station would notify the authorities that there was a duress situation, NOT a regular burglar alarm signal. The Duress Password is a verbal word or phrase which the client would use any time he is talking with the central station and there is a duress situation underway, and the client cannot actively ask for help. Perhaps the bad guys are standing next to him when the central station calls and asks if everything is OK. The client could then reply that everything is OK, but give the Duress Password instead of the usual password. The central station would say something to the effect of "OK Have a good evening." or similar. The central station would then notify the authorities that the client was on location and he actively gave a verbal duress password. Duress and Panic verbal passwords and signals usually are given a higher priority than a standard burglar alarm signal. Well, they were in previous staffing level times. A Panic Alarm Signal is a signal the alarm panel would send if a panic button on the keypad was pressed. Most keypads have this feature. Pushing the panic button usually is programmed to sound the local siren. The central station could call the premises and ask for a password. Perhaps the person who pushed the panic button could give further info which could be passed on to the authorities. The central station would call the authorities and say that the panic button at the premises was actively pushed by someone at the location, and stress it was not just a burglar alarm signal. I feel that the person who pays the central station is the one who gets to specify, within reason, how signals are handled, not the central station. Most modern central station automation software has the ability to attach instructions to the operators about how to handle each signal. Attaching instructions which pop up when a signal arrives for each type of signal would help eliminate different operators handling the signal differently. In this time of staffing shortages, specific instructions attached to each kind of signals would help poorly or partially trained operators better know how to react to that signal. If any central station cannot or will not follow the alarm company's instructions, then the relationship with the alarm company and the central station needs to be re-evaluated. If the central station says, "my way or the highway", then the highway might be the better answer in the long run. There are several central stations listed in Ken's Alarm Exchange which would be glad to follow reasonable instructions given by the alarm company on how to handle alarm signals and passwords. Ken, please list me as Anon *************************** Response *************************** It’s important for central stations to train operators and there should be standard procedures for responding to common signals. I believe companies like NFPA, ETL and UL offer guidelines for response. Whatever the procedure it should be in writing, it should be available to the dealers and it should be provided to the customers upon request. We are not talking about a central station’s proprietary training manual, but a list of signals and how they are to be responded to. Despite operator training, technology sophistication, pop-up instructions, I think it increases risk when a customer asks the dealer and the dealer asks the central station to deviate from standard procedures. I think it adds to operator mistakes. So be careful what you ask for. *********************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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