Administrators Service Agreement.
For Community Administration & Secretarial Services
Marbella, , 2023
On the one hand Mr./Ms. ……………………………………… as president of C.P with NIF
……………….. and on the other hand Mr./Ms in representation of
the company…………………………………………… with NIF …………………..
The first named above and the representative of C.P. ………………. with CIF , located in
the municipality of Marbella, province of Málaga, hereinafter the COMMUNITY is the president of the same, hereinafter the PRESIDENT.
And the second named above is the authorised representative of the company
………………………………………… with NIF , hereinafter the COMPANY.
That the COMMUNITY being interested in contracting the services of the COMPANY, so that it takes care of all the community administration and secretarial services and the COMPANY being interested in performing said services, both Parties hereby agree and formalize through this AGREEMENT (AGREEMENT) for the provision of the services in accordance with the following :-
FIRST: The Services
The object of the AGREEMENT is the provision by the COMPANY to the COMMUNITY of community administration and secretarial services (SERVICES) as described below and in accordance with the terms set out in the AGREEMENT :
- Handle the management and administration of the COMMUNITY, together with the supervision and management of the whole common areas, property, installations and services.
- Ensure the proper running of the COMMUNITY, its elements, facilities and services, immediately reporting to the President on any irregularity or incident that might arise.
- Supervise the performance of all the service providers and contractors engaged by the COMMUNITY and advise the Committee accordingly.
- Maintain close communication with the President and the Committee via e-mail, WhatsApp, fixed line and mobile telephone and audio-visual means as may be most appropriate.
- Conduct weekly oversight visits to the COMMUNITY and monthly meetings with the Committee to discuss aspects related to gardening, cleaning, maintenance and possible improvements in all the common areas and properties, as well as other visits or meetings as may be reasonably required.
- Regularly check the status and condition of the common areas of the COMMUNITY and report to the Committee on any necessary repair and maintenance requirements, as well as any incidents that are contrary to the Bylaws or the various Community Regulations.
- Inform the Committee on any extraordinary work or action that may be required to maintain the quality and integrity of the COMMUNITY and its common properties and take any related action that may be directed by the President.
- Arrange and supervise all and any repair work, maintenance work or building work that is necessary, with the prior approval of the President.
- Give appropriate instructions to parties employed by the COMMUNITY so that their work is performed to maximum advantage (including gardening, cleaning and maintenance).
- Arrange for all the regular, planned and preventative maintenance to be carried out in a thorough and timely manner.
- Issue monthly reports on primary activities to the Committee in a standard format, with a detailed summary of the most important activities and achievements, as well as the priority actions for the coming month, together with details of the financial status of the COMMUNITY (cash flow, budget utilisation, creditors and overdue debtors).
- Maintain and operate a dedicated and secure community bank account and ensure the safekeeping of the COMMUNITY’s funds. Carry out all manner of banking transactions necessary for the full functioning of the COMMUNITY.
- Take action to obtain due payments in respect of overdue debtors and keep the Committee fully informed in this regard.
- Direct, keep and safeguard the book-keeping of the COMMUNITY, keeping an updated record of the credit and debit positions of the Owners in respect of their participation in the payment of the Service Charges corresponding to each one.
- Make and receive COMMUNITY payments and forecasts of payments to be made and received, keeping the Committee informed of any possible cash shortage that might arise or might be expected to arise.
- Implement any orders for payment given by the President or Treasurer.
- Prepare and send out to the Owners prior to the Annual General Meeting an annual report covering events, activities and achievements over the year and the state of affairs of the COMMUNITY at that time.
- In consultation with the Committee, prepare and submit the annual income and expenditure budgets and the COMMUNITY’s accounts for approval at the Annual General Meeting.
- In consultation with the Committee, determine the amount of the COMMUNITY’s annual Service Charges and issue quarterly payment notifications to all the Owners.
- Propose to any Extraordinary General Meeting any extra Service Charges needed for covering expenses that arise, together with the manner and time periods for paying them.
- Propose any increase to be made to the Reserve Fund, if required.
- In conjunction with the President, prepare and send out to all Owners official notices of any General Meetings, together with accompanying documentation as prescribed in the Community Bylaws.
- Attend all General Meetings, draw up and send the minutes of all General Meetings to the Owners after approval by the Committee. The minutes are to include details of all the matters discussed, all the decisions made and all the actions to be taken.
- Implement in a timely manner the resolutions adopted at any General Meeting and any instructions received from the President and keep the Committee informed accordingly.
- Perform the functions of Secretary of the COMMUNITY, keeping all the documents pertaining to the COMMUNITY, the minutes book and the owners register and make these available to the Owners as prescribed in the Community Bylaws.
- Interpret the Bylaws in case of doubt.
- Advise on any legal matters relating to the affairs of the COMMUNITY.
- In consultation with the President, grant any powers of attorney considered appropriate, including powers of representation in court and other kinds of powers.
- Prepare and process any necessary or approved submissions or applications before official bodies.
- Maintain in force a competitive insurance policy for the COMMUNITY on terms and with cover provisions that are approved by the Committee and handle any resulting claims. Amongst other things, the policy is to include civil responsibility cover for the COMMUNITY’s officers.
- Assist the Committee in the engagement and/or termination of the COMMUNITY’s service providers and contractors, as well as in establishing the fair costs, terms and conditions of their work.
- Maintain in service an emergency telephone line operating 24/7 and effectively respond to any emergency requests and action requirements.
- Act as the key holder for all general doors and gates and for access to such areas as electric, water, telephone and IT meters, community water supply areas, television cable and IT distribution points. etc..
- Cooperate with the Macro-Community Administrator, the Administrators of other Puente Romano communities and the Puente Romano Operations Manager on all and any matters that affect the security, wellbeing and residential enjoyment of the COMMUNITY’s Owners.
- Participate in the control of rental activities, coordination with Puente Romano Security, etc. and assist the Committee in any related matters.
- In general, perform any other actions or measures that may be needed or reasonably requested by the President for the betterment of the COMMUNITY.
- Perform any other services, duties and obligations that are required of the Community Administrator and Secretary, in accordance with the provisions of the Common Property Act and any other applicable legislation.
SECOND: Method & Manner of Working
- The SERVICES shall be provided by the COMPANY without limitation and shall remain subject to the addition of any other functions entrusted to the COMPANY by a General Meeting of Owners or the approved Regulations of the COMMUNITY.
- The COMPANY shall perform the SERVICES in a manner and to a standard acceptable to the COMMUNITY and in accordance with the provisions of the Community Bylaws and the Common Property Act.
- In performing the SERVICES, the COMPANY is required to deliver a professional, cooperative and flexible service. At all times, the COMMUNITY shall expect the COMPANY to act with integrity, transparency and responsiveness, resulting in a close and effective working relationship between the COMPANY and the COMMUNITY.
- All the information, communications and documentation generated by the COMPANY are to be clear and unambiguous, using the most appropriate, current software. The adopted community management systems must utilise specialised property management software and the COMPANY must provide information access to the COMMUNITY through an approved App or portal.
THIRD: Staffing & Resources
- The SERVICES shall be performed under the management and responsibility of an authorised representative of the COMPANY, who shall be a member of the Professional Association of Estate Managers and belong to the College of Administrators and shall act as the Administrator.
- The COMPANY will additionally deploy a Coordinator, accountant, administration staff and other personnel needed for the proper and professional performance of the SERVICES. All such personnel must be suitably qualified and experienced for the tasks undertaken.
- The COMPANY shall not change the staff it deploys as the Administrator and the Coordinator without the prior approval of the COMMUNITY.
- The COMPANY’s administration team must possess multilingual capability in at least Spanish and English.
- The time spent by the staff of the COMPANY in the performance of the SERVICES shall be whatever may be required for the proper and professional performance of the SERVICES.
- The COMPANY shall utilise and deploy any other resources needed for the performance of the SERVICES, including the resources for transportation, communications, IT and office services.
- The COMPANY shall not subcontract any of the required roles or services to parties or individuals not formally employed within the COMPANY (the COMMUNITY will separately contract directly with companies engaged in all such services as gardening, cleaning and maintenance).
- The COMPANY must hold all necessary professional insurances and must be compliant with all applicable laws and regulations.
The duration of this contract will be one year from , 2023, tacitly extended for successive annuities, if no Party denounces it with two months’ notice prior to the end of each annual period of validity.
FIFTH: Scope of Obligation
The COMPANY has studied and taken into account the previously issued Request for Proposals (RFP), as well as the arrangements and circumstances of the COMMUNITY and its common areas and facilities. In this regard, the RFP is attached herewith and is considered to be an integral and binding part of this AGREEMENT.
SIXTH: The Fee
The fee for the provision of the SERVICES (FEE) amounts to the total amount of €……… monthly (VAT NOT INCLUDED) paid by the COMMUNITY. Monthly payments are payable in advance within the first 5 days of each month by transfer to ………………………………………
The COMPANY states that it is up to date with the signings and submissions in respect of its tax obligations and its Social Security obligations and will provide upon request monthly documentary justification to the COMMUNITY of having paid Social Security payments. Likewise, the COMPANY meets and will continue to meet all the requirements of the Junta de Andalucia.
EIGHTH: Change in Legislation & Escalation
In the event that due to legal imperative, it is necessary for the COMPANY to update the salaries of any of its staff, the FEE will be reviewed for the total amount of the resulting increase in costs that said salary update entails. Every year and upon the renewal of this Agreement, the FEE will be revised according to the rise in the CPI.
If the COMMUNITY terminates the AGREEMENT before its completion and for reasons other than breach by the COMPANY, the COMPANY will be entitled to compensation of two monthly fee payments.
For any question related to the interpretation and compliance of this AGREEMENT, both Parties expressly agree to submit to the competent courts and tribunals.
ELEVENTH: Additional Information
- All the COMPANY’S staff must registered according to current legislation and shall be paid according to applicable legal regulations with their extra pay, three-year periods and vacations.
- The COMPANY shall maintain, throughout the execution of the AGREEMENT, the resources necessary for the correct and full provision of the SERVICES and shall guarantee their management and correct operation, making appropriate substitutions and changes. For this, the absences of staff (vacations, personal matters, illness or absenteeism unjustified) shall be covered by personnel from the COMPANY, who have the same qualification or professional category of the personnel to be replaced. The deployment of said personnel shall be done in the shortest possible time.
The Parties hereto have agreed the terms and conditions in this SERVICE AGREEMENT, which agreement is now confirmed and ratified by their signing hereunder in duplicate at the place and date indicated above:
For C.P. ……………………………………….. For ………………………………………………..