Facilities Management Agreement Template for Belgium

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Key Requirements PROMPT example:

Facilities Management Agreement

"I need a Facilities Management Agreement for our office building in Brussels, where we want to engage a service provider to handle maintenance, cleaning, and security services starting from March 2025, with specific emphasis on sustainability requirements and energy management."

Document background
The Facilities Management Agreement is essential for organizations seeking to outsource their facility management operations in Belgium. It is typically used when a company wants to engage a professional facilities management provider to handle the day-to-day operations, maintenance, and management of their premises. The agreement comprehensively covers services such as building maintenance, cleaning, security, reception, catering, and other support services, while ensuring compliance with Belgian regulatory requirements. This document is crucial for establishing clear service levels, performance metrics, and commercial terms between the parties, while incorporating specific Belgian legal considerations including employment law, health and safety regulations, and environmental requirements. The agreement is structured to provide flexibility for various facility types while maintaining robust governance and risk management frameworks.
Suggested Sections

1. Parties: Identification of the service provider (FM Company) and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the client's facilities and the purpose of engaging a facilities management provider

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Services', 'Premises', 'Service Levels', 'KPIs', etc.

4. Scope of Services: Detailed description of the facilities management services to be provided, including core services and basic service levels

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate

6. Service Provider Obligations: Key responsibilities and obligations of the FM provider, including compliance with laws, maintaining licenses, and standard of service

7. Client Obligations: Responsibilities of the client, including access to premises, provision of information, and cooperation requirements

8. Personnel and Subcontracting: Requirements for service provider's staff, vetting processes, and conditions for subcontracting

9. Fees and Payment: Pricing structure, payment terms, invoicing process, and provisions for price adjustments

10. Performance Management: KPIs, performance monitoring, reporting requirements, and remedy procedures for poor performance

11. Insurance and Liability: Insurance requirements, limitation of liability, and indemnification provisions

12. Health and Safety: Compliance with health and safety regulations, risk assessments, and safety procedures

13. Confidentiality and Data Protection: Protection of confidential information and compliance with GDPR and Belgian data protection laws

14. Force Majeure: Provisions for handling events beyond reasonable control of the parties

15. Dispute Resolution: Procedures for resolving disputes, including escalation process and jurisdiction

16. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law

Optional Sections

1. Energy Management: Include when the scope includes energy efficiency management and monitoring

2. Sustainability Requirements: Include when there are specific environmental or sustainability targets

3. Security Services: Include when security services are part of the scope, detailing specific security requirements and compliance with Belgian security services legislation

4. Asset Management: Include when the scope includes management and maintenance of specific assets or equipment

5. Transition and Mobilization: Include when there's a complex transition from existing service providers or mobilization period required

6. Business Continuity: Include for critical facilities requiring specific business continuity and disaster recovery provisions

7. Staff Transfer Provisions: Include when the agreement involves transfer of existing staff under TUPE regulations

8. Change Control: Include for complex agreements where formal change management procedures are required

Suggested Schedules

1. Schedule 1 - Services Specification: Detailed breakdown of all services to be provided, including scope, frequency, and quality standards

2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

3. Schedule 3 - Pricing and Commercial Terms: Detailed pricing structure, rate cards, indexation mechanisms, and payment terms

4. Schedule 4 - Premises Details: List and details of all premises covered by the agreement, including maps and access requirements

5. Schedule 5 - Staff and Key Personnel: Details of key staff positions, qualifications requirements, and any transferred staff

6. Schedule 6 - Equipment and Assets: Inventory of equipment and assets provided by either party

7. Schedule 7 - Form of Reports: Templates and requirements for various reports required under the agreement

8. Schedule 8 - Mobilization Plan: Detailed plan for service commencement and transition

9. Appendix A - Insurance Requirements: Detailed insurance types and coverage levels required

10. Appendix B - Approved Subcontractors: List of pre-approved subcontractors and their scope of work

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Office Buildings

Industrial & Manufacturing

Healthcare

Education

Retail

Hospitality

Government & Public Sector

Data Centers

Relevant Teams

Facilities

Operations

Legal

Procurement

Risk Management

Real Estate

Finance

Compliance

Health & Safety

Property Management

Relevant Roles

Facilities Manager

Property Manager

Operations Director

Chief Operations Officer

Procurement Manager

Contract Manager

Legal Counsel

Risk Manager

Building Services Manager

Estate Manager

General Counsel

Commercial Director

Head of Real Estate

Chief Financial Officer

Health and Safety Manager

Sustainability Manager

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Fundamental law governing contracts and obligations in Belgium, including general principles of contract formation, performance, and termination
Belgian Act on Public Procurement (Wet inzake overheidsopdrachten/LOI relative aux marchés publics): Relevant if the facility management services are being provided to public entities or if public procurement rules apply
Belgian Labor Law (Code du travail/Arbeidsrecht): Governs employment relationships, working conditions, and transfer of undertakings (TUPE) which is crucial for facility management contracts involving staff transfers
Belgian Well-being at Work Act (Wet betreffende het welzijn van de werknemers/LOI relative au bien-être des travailleurs): Regulates workplace safety, health, and welfare requirements that facility managers must comply with
Environmental Protection Laws: Various Belgian environmental regulations affecting facility management, including waste management and energy efficiency requirements
Belgian Data Protection Act: Implementation of GDPR in Belgium, relevant for handling personal data in facility management operations
Belgian Building Regulations (Règlement régional d'urbanisme/Gewestelijke stedenbouwkundige verordening): Regional building codes and regulations that affect facility maintenance and modifications
Belgian Act on Security Services (Wet tot regeling van de private en bijzondere veiligheid): Relevant if the facility management includes security services
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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