Agreement for Catering
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.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
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.
