AGREEMENT FOR CATERING
BETWEEN
____________________
AND
____________________
THIS AGREEMENT is made on
the _____ _________ between _________ CATERERS _______________________ PVT.LTD.
(Hereinafter called "the Contractor") of the one part and PRINCIPAL
ltd. (Hereinafter called "the Principal") of the other part.
The Principal operates offshore
vessels at Mumbai High in support of oil and gas fields and is desirous of
using the services provided by the Contractor in the filed of catering and
housekeeping services.
The Contractor is engaged in the field
of providing catering and house keeping services to maritime and offshore
installations.
In consideration of the Contractor
undertaking to provide and the principal agreeing to accept services in the
field of catering, house keeping, janitorial and laundry services to the
Principal’s offshore installations (hereinafter called the "vessel/s"
as detailed on Annexure 1), it is mutually agreed as hereunder:
1.
The Scope of work:
The services offered by The Contractor
shall include catering, house keeping, Janitorial & Laundry services for
the offshore installations of the Principal namely __________________.
The services shall include provision
of all supplies, labour, supervision and other incidentals (other than tools
and equipment) necessary for the complete and satisfactory performance of
catering services to the Vessels.
2.
Daily Monday Rate:
A unit rate of Indian Rupees _______/-
per man per day shall be charged for Principal’s personnel on board the vessel
subject to a minimum of 65 personnel for Site 1 and 335 personnel for Site 2.
Any additional meals served to visitors/representatives of the Principal shall
be charged at following rates:
Breakfast Indian Rupees ________ per
person Lunch
Indian Rupees ________ per person
Dinner Indian Rupees _______ per
person
3.
Period of Agreement
The period of this agreement between
the Principal and Contractor shall be for a period of two years, commencing
with _______ renewable on mutual consent.
4.
Contractor's Obligation:
a. Provide professional cooks, general
stewards and other staff to perform designated services to the vessels. The
catering staff so provided shall be replaced within a reasonable period of time
so as to provide periodical rest to staff members.
b. Pay salaries and other statutory
benefits to Catering crew.
c. Provide meals, uniforms and shoes to
Catering crew.
d. Ensure periodical medical check-ups
for Catering Crew.
e. Purchase all consumable materials
within the Scope of Work of catering and other undertaken services and
transport the same to the jetty for onward carriage to the vessels.
f. Maintain a surplus of stock of food
and provisions at each of the Vessels of sufficient quantity for supplying
meals for a period of 15 days in the event of delays in transportation of food,
provided that Principal shall furnish adequate storage space for such required
surplus stock.
g. Prepare, cook and serve meals as per
International Maritime standards i.e. Breakfast, Lunch and Dinner - 7 days a
Week based on Menu guidelines as per annexure 2).
h. All meals shall be good and wholesome
and shall be prepared and served attractively with sufficient quality and
variety of foods, all to the reasonable satisfaction of Principal.
i.
Serve in
Dining Halls at pre-scheduled timings.
j. Maintain a Monthly Inventory
Tabulation for cutlery, crockery, linen and submit to Principal’s authorized
representative at each of the Vessels.
k.
Ensure
all Principal's equipment and property in the kitchen, stores, mess halls,
accommodation area and laundry and recreation rooms are cleaned according to
schedule and are well cared for.
Monthly
Equipment Status Report will be prepared and submitted to Principal’s
authorized representative at each of the Vessels.
l. Provide laundry services necessary to
keep all kitchen, dining and living quarter’s linens, including the uniforms of
catering crew, towels, rags, blankets and other similar items in a clean and
sanitary condition at all times.
m. Make beds and clean all living
quarters on daily basis.
n. Change and wash bed linens and towels,
once weekly or as and when a bed is freshly assigned to a new occupant.
o. Supply all soaps, detergents,
extermination chemicals required for cleaning and extermination programs for
insects and roaches.
p. Adhere to local labour and Government
regulations.
5.
Principal's Obligation:
The Principal shall provide the
following facilities and services to Contractor for smooth Catering and other
allied Housekeeping operation at each of the Vessels:
a. Furnish at its expenses the kitchen,
including all dishes, plots, pans and silverware, dining and living quarters,
including showers and latrines, adequately equipped with such appliances as are
reasonably necessary to enable contractor to provide the services described
herein including refrigerators, oven range, electric bench mixer, ice cream
making machine, ice making machine, soft drink dispenser, milk machine and
other permanent equipment of a similar nature required by Contractor for
rendering services under this agreement.
b. Mechanical maintenance work required
to maintain the equipment in the kitchen, dining and living quarters, including
showers and latrines, in good working order and repair and electricity, water
and fuel reasonably necessary for the efficient and proper operation of the
kitchen, dining and living quarters, including showers and latrines.
c. Furnish at its expenses, laundry and
house keeping heavy equipment/fixed installations which will be required for
normal day to day house keeping /janitorial operation such as washing machine,
tumble dryer, vacuum cleaner, iron boards, steam iron and other necessary
equipments.
d. The Principal shall compensate the
Contractor for any loss or damage caused by mechanical or electrical failure of
storage facilities or equipment resulting in spoilage of provision and stores.
The list of spoilage shall be certified by the designated Principal’s
Representatives on the Vessels and shall be reimbursed at costs to Contractor
along with the monthly billing.
e. Provide an initial stock of crockery,
cutlery, glassware, service ware, galley utensils, pots and pans and linens
such as bed sheets, pillow, pillow covers, mattresses, towels etc. with a
sufficient buffer stock adequate for designated persons on the Vessels for the
entire duration of the agreement, including replenishments.
f. Be responsible for the provision of
potable water, electricity, fuel, sewage treatment and garbage disposal
facilities.
g. Be responsible for the maintenance of
paint and equipment to enable Caterer to provide satisfactory services together
with an adequate initial inventory of consumables.
h. Provide reasonable use of the
communication facilities e.g. radio, telephone, telex and fax to enable Caterer
to perform the required services.
i. Provide on site medical facilities and
emergency evacuation for Catering crew (Medivac).
j. Provide sea/air transportation
facilities as applicable to offshore operations in order to enable Contractor
to transport its personnel/food/allied materials to and from the Site to shore
end such as quay, jetty or helipads.
These facilities should be supplied
regularly in time so as to avoid any inconvenience to Contractor in the event
of undue delays in logistics support, the Contractor suffers any pecuniary loss
such as spoilage of goods etc. or incurs any expenditure, and the same shall be
reimbursed to Contractor by the Principal upon presentation of invoices duly
supported.
k.
Provide
accommodation for catering personnel deployed at the Vessels.
l. Provide on Board Safety Training for
Caterer’s personnel.
Other
Clauses:
6.
Mobilisation of Work Personnel:
Contractor shall, subject to mutual
convenience of either parties, be able to mobilize men and resources in order
to take over the installations at a notice of about 3 week’s time.
7.
Ownership of Provisions:
All provisions purchased by the
Contractor for the supply of the vessels, shall remain the property of the
Contractor.
8.
Takeover of Provisions:
Upon take over of the vessels by the
Principal, the Contractor shall be provided information regarding the
Provisions remaining on board, which shall be Inventories and Manifested
jointly by the Representative of the Contractor, Representative of the
Principal and the Representative of previous contractor. The Joint
Investor/Manifest so made shall be final and shall be the basis for
determination of the Provisions on board. The Principal shall ensure that the
Contractor is not asked to take over items which are not compatible to the
planned manning of the vessel, items which are not acceptable due to their not
being of good quality, being close to their expiry dates and are likely to turn
obsolete before their consumption.
The valuation of the take over
investors shall be done as per net invoice prices, valued at costs.
At the time of the Termination of this
agreement either by efflux of time or otherwise, the Contractor shall charge to
Principal the value thereof as per the Invoices that the Contractor may hold in
support of its pricing. The valuation of the hand over investors shall be done
as per net invoice prices, valued at costs.
9.
Applicability of the Rates:
Subject to clauses of this agreement
the rates hereunder will remain unchanged for a period of one year, after which
the terms and conditions will remain the same but rates will be revised to take
into account inflationary increase which shall be duly substantiated by
Contractor.
The rates are applicable and agreed
for operations at Bombay high in India only. If the vessel goes out of Bombay
high to other fields, the rates would be subject to renegotiations.
10. Change
of Rates:
Rates are based on the scope of work
and the services offered. However in case of increase or change in scope of
work the rates will be revised to take into account additional scope of work
and service.
11. Slop
Chest:
The Contractor shall manage a stop
chest on board, if required by the Principal for which a service change of 10%
shall be charged to individual personnel using the slop chest.
12. Invoices:
Invoices
shall be raised by Contractor on monthly basis based on actual number of
Principal’s personnel served (subject to minimum manning guarantee) during the
period and any extra meals served to the Principal’s visitors/representatives.
The meal sheets shall be signed by the
relevant Principal’s Representative countersigned by Camp Boss. It will be the
responsibility of the Principal to reimburse the same within seven days of
receiving the invoice.
13. Service
Charges:
Service charge of fifteen percent will
be applicable on accruals for any additional material/services rendered by the
catering contractor.
14. Subsequently
Enacted Laws:
If there is a change in or enactment
of any law in India or interpretation of existing law in India, after the date
of this Agreement, which result in additional costs or savings to Contractor on
account of his operations under the agreement, the Principal shall reimburse
contractor for such costs or Contractor shall agree to a reduction in day rate
to reflect such savings as the case may be and the two parties shall discuss
and mutually agree on the method and extent to which the Contractor or
Principal should be compensated for such additional costs or savings actually
incurred.
15. Taxes:
Any payment towards tax viz sales tax
or any other tax if applicable from time to time will be borne by the
Principal.
16. Force
Majeure:
During force majors i.e. floors, riots,
earthquakes, strikes etc., the Contractor should provide the maximum possible
services in the given circumstances. Minimum guarantee shall continue to
prevail during the period of force major if it is fifteen days or less. If it
should continue beyond fifteen days, services shall be provided on specific
mutually agreeable and reasonable terms and conditions, including reasonable
demobilization costs.
17. Law
and Jurisdiction:
a. This agreement shall be governed by
laws of Republic of India.
b. Any dispute arising out of this
Agreement shall be referred to arbitration with each party appointing its own
arbitrator and both parties jointly appointing the third arbitrator. The
decision of Arbitrators shall be final and binding upon the parties. The
arbitrators shall be commercial men with marine/offshore background. The
arbitration shall take place at Mumbai.
Signed, sealed and delivered:
__________________ ________________
PRINCIPAL CATERER
Witnesses
1.
2.
Annexure I
Vessel 1 Vessel 2
Name of the Installation
Location
Number of Personnel
Excluding cater crew
Catering crew
Annexure 2
Menu Guidelines Principal
(Offshore Installation)
For Indian Nationals
•
Breakfast
•
Coffee/Tea/Milk
or Fruit Juice
•
Bread/Rolls/Toast
And Butter
•
Eggs to
Order (Eggs May Be Served Fried, Boiled, Poached, Scrambled Or In Omelet’s As
Requested.
•
Local
Indian Breakfast Like Masala Dosa / Paratha / Puri Bhaji / Umpa Etc. (Variety
In North Indian And South Indian Breakfast Will Be Provided)
•
Preserves
Which As A Minimum Shall Include Jam And Marmalade.
Lunch and Dinner
(All the items are to be listed)
Midnight Meal:
(All the Items are to be listed)
For Expatriate Staff
Apart from the Above The Following
Items Will Be Made Available Only For The Expatriate Staff.
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