HomeMy WebLinkAbout2026-028 A1
AGREEMENT No. 2026-028
CATERING AND BAR SERVICES FOR THE CLERMONT ARTS & RECREATION
CENTER
THIS AGREEMENT, is made and entered into this 10th day of February 2026, by and between
the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of
Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as
"CITY"), and TABLE TOP CATERING, LLC, whose address is: 6925 Lake Ellenor Dr., Suite
503, Orlando, FL, 32809, (hereinafter referred to as "CONTRACTOR").
WHEREAS, the City of Clermont issued RFP 26-031 titled Catering and Bar Services for the
Clermont Arts & Recreation Center;
WHEREAS, CONTRACTOR submitted its response dated December 18, 2025, to RFP 26-031;
WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms
and conditions of RFP 26-031 and CONTRACTOR's response thereto;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish catering and bar services for the Clermont Arts & Recreation
Center as described in CITY’s RFP 26-031 and CONTRACTOR’s December 18, 2025 response
thereto, which are expressly incorporated herein and made a part of the Agreement Documents
hereto and shall do everything required by this Agreement and the Agreement Documents.
Provided, however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement Documents and the Unit Price Schedule an amount in accordance with the
compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein.
3. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to the CITY with catering and bar services for
the Clermont Arts & Recreation Center upon receipt of an authorized order from CITY
and shall provide the requested items in the timeframe and as set forth in RFP 26-031 or
in the specific purchase order submitted by CITY. Nothing herein shall obligate CITY to
purchase any specific amount of product from CONTRACTOR or create an exclusive
purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or
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required to pay for any items received until such time as CITY has accepted the items in
accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether there
will be any delay in providing the items requested. Failure of CONTRACTOR to so
notify CITY will preclude CONTRACTOR from seeking payment of any kind for any
items that were delayed in delivery. Upon receipt of notification of the delay, CITY may
at its sole option cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
services herein by CITY or by any agent or representative as in compliance with the
terms of this Contract shall not operate as a waiver by the CITY of strict compliance with
the terms of this Contract and the CITY may require the CONTRACTOR replace the
accepted services so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
4. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties and shall remain in
effect for a period of two (2) years thereafter, unless terminated or renewed as provided
for herein.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY’s
convenience upon thirty (30) days written notice to CONTRACTOR; b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3)
additional one-year terms. Sixty (60) days prior to completion of each extended term of
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this Agreement, CONTRACTOR may request and the City may consider an adjustment
to price based on changes in the Producer Price Index (PPI).
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR
shall submit an invoice to CITY upon completion of the services and delivery of products to CITY
as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed products delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION
A. In the event of any claim, dispute, or other matter in question arising out of or related to
this Agreement, a party shall provide written notice of the claim, dispute, or other matter
to the other party and provide no fewer than five (5) days to cure the matter, unless it is
the type of matter for which emergency injunctive relief is necessary from a court. Such
notice shall be a condition precedent to arbitration or the institution of legal or equitable
proceedings by either party, except as otherwise stated in this section.
B. The CITY and CONTRACTOR may resolve claims, disputes, and other matters in
question between them by mediation.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR’s Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
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A. CONTRACTOR’s Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
B. Automobile Liability Coverages,$1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Liquor Liability Insurance, $1,000,000 Each ($2,000,000 aggregate)
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. CITY's and CONTRACTOR’s Protective Liability Insurance
The CITY shall procure and furnish a CITY's and CONTRACTOR’s Protective Liability
Insurance Policy with the following minimum limits:
A. Bodily Injury Liability & $1,000,000 Each ($2,000,000 aggregate) Property Damage
Liability Occurrence Combined Single Limit.
7.4. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
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C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
CONTRACTOR:
Table Top Catering, LLC
6925 Lake Ellenor Dr., Suite 503, Orlando, FL, 32809
Attn: James Marino, President
OWNER:
City of Clermont
685 W. Montrose Street, Clermont, FL 34711
Attn: Rick Van Wagner, City Manager
Either party may change the name of the person receiving notices and the address at which notices
are received by so advising the other party in writing.
9. MISCELLANEOUS
9.1. Attorneys’ Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys’ fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by the CITY of breach of any provision of this Agreement shall not be construed or
operate as a waiver of any subsequent breach of such provision or of such provision itself and shall
in no way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
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in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement, including the documents incorporated by reference, contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party’s assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
the CITY.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
The CONTRACTOR expressly understands records associated with this project are public records
and agrees to comply with Florida’s Public Records law, including the following:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
Florida’s Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon the termination of the contract and
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destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. The CONTRACTOR shall make reasonable
efforts to provide all records stored electronically to the CITY in a format compatible
with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC
RECORDS AT THE CITY CLERK’S OFFICE, (352) 241-7331.
9.10. Coercion for Labor or Services Certification
Pursuant to Section 787.06(14), Florida Statutes, the CONTRACTOR certifies, under penalty of
perjury, that it does not use “coercion for labor or services,” as defined in Section 787.06, Florida
Statutes, in connection with the performance of this Agreement, including but not limited to: using
or threatening force; restraining, isolating, or confining; debt bondage; withholding or controlling
identification or immigration documents; causing or threatening financial harm; enticing by fraud
or deceit; or providing Schedule I or II controlled substances for the purpose of exploitation. The
CONTRACTOR shall include a substantially similar requirement in all subcontracts and purchase
orders at any tier. Any violation of this provision constitutes a material breach, and the CITY may
pursue any remedies available under this Agreement, at law, or in equity, including termination
for cause. By executing this Agreement electronically, CONTRACTOR affirms this certification
under penalty of perjury as of the Effective Date of this Agreement.
10. CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as if herein
repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in RFP 26-031 titled Catering and Bar Services for the
Clermont Arts & Recreation Center and CONTRACTOR's response thereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF CLERMONT TABLE TOP CATERING, LLC
**signature_71351**
SIGNATURE
**name_71351**
FULL NAME
**role_71351**
TITLE
**date_signed_71351**
DATE SIGNED
**signature_71356**
SIGNATURE
**name_71356**
FULL NAME
**role_71356**
TITLE
**date_signed_71356**
DATE SIGNED
ATTEST
**signature_71357**
SIGNATURE
**name_71357**
FULL NAME
**role_71357**
TITLE
**date_signed_71357**
DATE SIGNED
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2/13/2026
President
James Marino
Mayor
2/13/2026
Tim Murry
2/16/2026
Tracy Ackroyd Howe
City Clerk
Exhibit A
Catering Fees and Compensation
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Catering Fees and Compensation
The City seeks to establish a mutually beneficial partnership that generates revenue for both the
City and approved caterers.
The following User Fee schedule applies:
Type of Sale Description City Fee
Catering Items Pre-sold food, beverages, rentals, and staffing
billed through the event contract
10%
On-Site Sales Items sold directly to guests (e.g., cash bar,
concessions, CPAC shows)
20%
Mixed Events Combination of catering items and on-site sales 10% on food / 20%
on alcohol
Definitions:
• Catering Items: Include food, beverages, staffing, rentals, and service charges
(excluding gratuities).
• Cash Bar: Refers to a bar where guests purchase their own drinks during an event.
Non-compliance with fee terms or reporting requirements may result in contract termination.
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Exhibit B
Menu and Pricing [Table Top Catering, LLC.]
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1. Current Menu
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Beverage Menu
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2. General Pricing Structure
The following pricing represents Table Top Catering’s standard base rates. Final pricing may vary
based on menu selection, guest count, event scope, service style, and specific City requirements.
FOOD SERVICE
- Breakfast Buffet | $18 per person
See breakfast menu for buffet options
- Lunch Buffet or Plated | $35 per person - Includes:
x Two (2) appetizers
x One (1) salad
x One (1) vegetarian entrée
x Two (2) protein entrées
x Two (2) side dishes
x Dessert
- Dinner Buffet or Plated | $40 per person - Includes:
x Three (3) appetizers
x One (1) salad
x One (1) vegetarian entrée
x Two (2) protein entrées
x Two (2) side dishes
x Dessert
Menus may fully customized to accommodate guest preferences, dietary requirements, and event
themes.
STAFFING
$250 for each staff member
Applicable to Banquet Captains, Chefs, Servers, Bartenders
SERVICE AND PRODUCTION CHARGE
18% of subtotal
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RENTALS
x Glassware: $1.00 per piece
x Chargers: $1.00 per piece
x China plateware: $1.50 per piece
x Silverware: $1.00 per person
x Table linens: $20.00 each
x Linen napkins: $1.00 each
Specialty rental items are available upon request; pricing varies based on selection and availability.
BEVERAGE SERVICE OPTIONS
x Coffee Bar - $3.00 per person
x Coffee & Tea Bar - $4.00 per person
x Soft drink package - $3.50 per person
x Bar setup with mixer package - $5.50 per person
x Beer and wine package - $9.00 per person
x Liquor package - $10.00 per person
x Signature cocktails - $6.00 per person
3. Menu Customization, Themed Packages, or Dietary Accommodations
Table Top Catering offers fully customized menus tailored to event themes, budget considerations,
guest preferences, and dietary needs. The company routinely accommodates dietary restrictions,
including gluten-free, vegetarian, and vegan options.
In addition to custom menu development, Table Top Catering offers pre-design themed menus
inspired by international cuisines and frequently collaborates with clients on fully customized
banquet functions, providing guidance across all aspects of menu planning and event execution.
4. Minimum Orders or Service Requirements
Table Top Catering requires a minimum order value of $1,000 for all catering events.
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