BOOKKEEPING
SERVICES AGREEMENT
This
agreement is by and between Utopia Management, Inc. (Utopia) and
______________________ (Client)
In
consideration of the covenants herein contained Utopia and Client hereby agree
to the following:
- The
purpose of this agreement is to appoint Utopia as the bookkeeper for the
Client. The contract services
to be rendered will include: preparation of billing statements, collection
of accounts receivable (excluding any legal proceedings or services),
payment of association bills, reconciliation of Client’s bank
statements, preparation of unaudited financial statements, assistance with
independent auditor for preparation of audit report, maintain Homeowners
Association member list, general record retention and escrow transfer
documentation preparation.
- APPOINTMENT:
This appointment shall begin ____________________ and continue on a month
to month basis. This
agreement may be terminated by either party, with or without cause, by
giving thirty (30) day written notice.
Client agrees to pay Utopia for the contract services at the rate
of $ _____________ per month,
payable in advance payable
no later than the first of each month.
Client agrees to pay for additional services provided by Utopia at
the applicable rate. Additional
services and costs include preparation of 1099 forms @ $25 per form,
mailing of homeowner billing statements @ .50 per statement, archival
storage fee of $2 per box ($10 monthly minimum) and .10 per photocopy.
Client agrees to pay Utopia for all actual postage costs incurred
on Client’s behalf. Inserts
and/or newsletters as prepared and supplied by Client can be included in
the monthly homeowner billing statements and Client agrees to pay all
costs associated with such mailings.
- ACCURACY
OF FINANCIAL INFORMATION: It is understood that the accuracy of financial
information supplied to Utopia is the sole responsibility of the Client.
Utopia shall not be held responsible for the production of
inaccurate financial statements, homeowner records and billings, or any
other financial reports if the financial data submitted by the Client or
by prior managing agent is inaccurate.
In addition, the Client agrees to be responsible for all costs,
expenses, and attorneys’ fees incurred in an independent financial
review for the purpose of correcting financial data of the Client.
- INDEMNIFICATION:
The Client shall indemnify, defend and save Utopia harmless from any and
all suits, costs, damages or proceedings, including but not limited to
Utopia bookkeeping services, pertaining to any and all litigation in which
the Client is a party. The
Client shall pay all expenses incurred by Utopia including, but not
limited to, all attorneys’ fees, costs and expenses incurred should
Utopia be named a party in any litigation to which Client is a party.
Additionally, the Client shall further indemnify and hold harmless Utopia
and its employees, agents, officers and directors from liability for any
and all claims, costs, suits and damages, including attorneys’ fees
arising directly or indirectly out of or in connection with the operation
of the Client, and from liability for injuries suffered by any person
relating to the Client. This
agreement to indemnify Utopia is not limited to any acts or omissions,
statements or representations made by Utopia in the performance and/or
non-performance of Utopia’s duties hereunder
and relating to all contractual liabilities, which may be alleged
or imposed against Utopia.
- INDEMNIFICATION
AND REIMBURSEMENT SURVIVES TERMINATION: All covenants,
representations and warranties of the parties contained herein
shall survive the termination of this agreement including,
but not limited to all requirements.
All provisions of this agreement that require the Client to have
insurance or to defend, reimburse or indemnify Utopia shall survive any
termination of this agreement; and if Utopia is or becomes involved in any
proceeding or litigation by reason of having been the Client’s
bookkeeper, such provision shall apply as if this agreement were still in
effect.
- ENTIRE
AGREEMENT: It is specifically agreed by both parties to this agreement
that the entire agreement of the parties is contained in this written
agreement and this agreement supercedes all other previous agreements,
written, oral or otherwise. This
agreement shall only be modified and/or amended in writing signed by the
parties hereto.
- EFFECTIVE
DATE OF AGREEMENT: Even though the date this agreement is signed by each
party may be different, the parties hereto agree that this agreement shall
be effective as of ______________________.
- APPLICABLE
LAW AND PARTIAL INVALIDITY: The execution, interpretation and performance
of this agreement shall in all respects be controlled and governed by the
laws of the State of California. If
any part of this agreement shall be deemed invalid or unenforceable, the
remainder of this agreement shall continue in full force and effect.
In
witness whereof, this agreement has been executed in the county of San Diego,
State of California, as of the date herein.
______________________________
___________________
Utopia Management, Inc.
Date
______________________________
___________________
Association
Date
If you are interested a proposal
please fill out the below form and a member of Utopia's staff will contact
you. We currently charge $6.00 per unit minimum of $75.00 per association as
our base fee.
