Penalties for the cleaning contractor go to the next council meeting

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The file, which this newsroom has had access to, contains eight items relating to shortcomings in the delivery of the service, a lack of staff and equipment, and failure to comply with municipal instructions. The proposal amounts to approximately 0.47% of the contract award value, which is worth more than €23 million.

Manilva Town Hall has processed a proposal to impose penalties totalling €108,601 on the UTE RELIMA joint venture, which is responsible for the municipal cleaning and waste collection service.

The contract was awarded for €23,231,118 for a period of ten years, so the proposed penalties represent approximately 0.47% of the total award value.

The document sets out the conclusions of the technical and legal reports drawn up during the processing of the file, as well as the submissions made by the contractor. The proposal upholds the technical assessment of the breaches identified and sets out penalties under various headings.

The documentation also provides for the rejection of the submissions made by UTE RELIMA, without prejudice to the final decision to be taken by the competent body.

Eight penalty items

The municipal proposal breaks down the €108,601 into eight items relating to the contractual obligations of the service:

  • €12,000 for failure to meet documentation obligations.
  • €12,000 for failure to follow municipal orders and instructions.
  • €6,000 for repeated delays in providing the services.
  • €3,600 for the presence of leachate.
  • €12,000 for repeated failure to meet the required quality levels.
  • €3,001 for shortcomings in the performance of the VISION platform.
  • €30,000 for failure to fill the posts offered.
  • €30,000 for repeated serious breaches relating to material resources.

Shortcomings in the delivery of the service

The facts set out in the documentation include communications from the municipal services during the monitoring of the contract, with references to incidents involving street cleaning, the removal of waste and bulky items and compliance with work instructions.

The report also addresses the failure to fill the posts offered and the availability of material resources for the proper performance of the service. In relation to cleaning, it mentions incidents on various dates and in various locations, including housing estates where shortcomings in the collection of furniture and bulky items and in the bin areas had been reported.

The proposal is based on the technical reports drawn up during the procedure and on the documentation added to the file. The company, for its part, submitted objections which were examined during the processing of the file.

An additional deduction from the July invoice

The document distinguishes between the contractual penalties and the financial adjustment corresponding to services that would not have been carried out.

Specifically, the proposal sets out a deduction of €7,097.18 from the July invoice, linked to the economic value of the services that, according to the file, would not have been provided.

This amount is treated separately from the total amount of the proposed penalties, in order to avoid financial duplication for the same item.

FCC, also in the spotlight in the Mijas cleaning cases

Manilva’s proposal has a recent precedent in the neighbouring municipality of Mijas. Mijas Town Hall reported on 3 September 2026 that it had processed seven penalty proceedings during the year against UTE FCC Barbetium, the contractor for street cleaning and waste collection.

According to the information published by Mijas council, the penalties provided for in those proceedings exceeded six million euros in total. One of the proceedings, relating to failure to meet the obligations to implement the service and the facilities promised, provided for a penalty of approximately €6.09 million, equivalent to 7% of the Mijas contract, which is valued at €87 million.

In addition, Mijas Town Hall said it had deducted €306,942 from the monthly certifications from January to August 2026 for services not provided and Quality Plan penalties.

In both cases, the figures should be interpreted taking into account the specific conditions of each contract and the status of the respective proceedings. In particular, the Mijas municipal information indicated that the largest proceeding was still pending enforcement.

Pending a final decision

The supplementary technical report maintains the proposed penalties of €108,601 and sends it to the competent body so that it can take the appropriate decision; the amount set out in the document is therefore a proposed penalty which goes to the council meeting on Tuesday for presentation and approval.

 

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