RFI_2025_Sponsorships.pdf

To Whom It May Concern:

The City of Kissimmee is in search of a variety interested business entities looking to become sponsors for our recreational programs, events and venues. Due to the nature, varying size, and needs of each program, event and venue, the monetary value of each level of sponsorship shall be flexible and unique. As a result, the terms of each sponsorship agreement will vary, but the City has included a sample agreement between the City and a radio station below to illustrate some terms that may be included in the final sponsorship agreement. The proposal requirements and selection process are listed below. Please submit your proposal to Matt Libby at the following address or email by 5:00 p.m. on Friday, May 16, 2025

Matt Libby, Assistant Director

Parks & Recreation Department

101 Church St. Suite 330

Kissimmee, FL 34741 matt.libby@kissimmee.gov

PROPOSAL REQUIREMENTS/SCOPE:

1. The name and contact information of the individual or business who shall execute the

Sponsorship with the City if selected. The contact information shall include a physical address, a telephone number, and an email address.

2. A brief and concise summary of your organization including any previously sponsored events in the City of Kissimmee or elsewhere.

3. A brief summary of the types of City events, programs or venues & level of monetary sponsorship your organization is interested in sponsoring. See Attachments.

4. Provide at least three (3) professional references from industry related partners or past performance host/venues, including the name and contact information for each reference.

SELECTION PROCESS:

The City of Kissimmee Parks & Recreation Department shall evaluate and score each sponsorship that includes the above criteria. The method of scoring is listed below. The Parks & Recreation

Director or designee shall make the final determination as to which level of sponsorship will be awarded per event.

SCORING METHOD

1. Operating & Maintenance Expense to City (15 points)

2. Value of Proposed Support or In-Kind Service (35 points)

3. Consistency of Product & Services with Event Audience (20 points)

4. Experience, Credibility, Reputation & History (20 points)

5. Conflict of Interest with the City, Including Employees (10 points) mailto:matt.libby@kissimmee.gov

THE CITY OF KISSIMMEE RESERVES THE FOLLOWING RIGHTS:

1. To accept and/or reject any or all proposals, to waive any minor informalities and to award based on the best interest of the City of Kissimmee.

2. The City of Kissimmee is not responsible for any costs incurred in the preparation of the proposal by interested individuals.

3. It is possible for multiple awards to occur at different sponsorship levels or commitments for each event.

EXAMPLE SPONSORSHIP AGREEMENT

BETWEEN CITY OF KISSIMMEE AND

EVENT SPONSOR

THIS AGREEMENT is made this day of , 2022 by and between the CITY OF KISSIMMEE, a municipal corporation of the State of Florida, whose address is 101 Church Street, Kissimmee, Florida 34741 referred to as “CITY” and [insert Sponsor name], whose address is [insert sponsor address], hereinafter referred to as “SPONSOR” and each represents as follows:

WITNESSETH

WHEREAS, CITY published RFI ____ on _____________ seeking sponsors for recreational programs, events and venues (hereinafter “RFI”); and

WHEREAS, CITY selected SPONSOR’s response to RFI in accordance with CITY Policy

504, Event and Program Sponsorships; and

WHEREAS, the Parties desire to enter into a sponsorship agreement for [insert recreational program, even, or venue] (hereinafter “Agreement”); and

WHEREAS, the Parties value this Agreement at $[insert dollar amount]; and

NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and value considerations, the receipt and sufficiency of which are hereby acknowledged, each party hereby promises to the other as follows:

1. RECITALS. The foregoing recitals are true and correct and specifically incorporated herein.

2. TERM. The term of this Agreement begins on the date of execution of the last party to this Agreement and ends at the conclusion of [insert date after event, recreational program or sponsorship ends]. SPONSOR shall have a right of first refusal to renew [.

SPONSOR shall exercise its option to renew this Agreement for one (1) additional year by January 5, 2024.

3. SPONSOR RESPONSIBILITIES:

A. Pay $[insert dollar amount] to CITY on or before [insert date] in consideration for a sponsorship of [insert recreational program, even, or venue]. CITY will send an invoice to SPONSOR on or before [insert date].

B. Pay $2,500 to the City on or before [insert date] in consideration for a sponsorship further defined in Section 5 below for a sponsorship of [insert recreational program, even, or venue]. CITY will send an invoice to SPONSOR on or before [insert date].

4. CITY RESPONSIBILITIES FOR EVENT 1:

A. Display SPONSOR’s branding by using a variation of banners, real estate signs, and feather banners surrounding each of the mini staging areas

(hereinafter “Pop-ups”) for [insert recreational program, even, or venue].

CITY anticipates at least three (3) Pop-ups will be present during the [insert recreational program, even, or venue]. Pop-ups will feature local entertainers who will perform during the [insert recreational program, even, or venue].

B. Engage in a customized social media advertising campaign promoting Pop-ups, which includes:

i. At least three (3) individual posts on the [insert recreational program, even, or venue]Facebook Event’s page which reference each individual Pop-up and its programing. Such posts will include the phrase, “Sponsored by SPONSOR,” and include a call to action consisting of an invite to attend the programming at each individual Pop-up or a link to City’s website for more information.

ii. At least one (1) post thanking SPONSOR for its sponsorship of

Pop-ups on CITY’S Facebook page.

iii. At least three (3) stories posted to CITY’S Instagram page which reference each individual Pop-up and include the phrase, “Sponsored by SPONSOR.”

C. Include SPONSOR’S logo on flyers, save the dates, and website postings related to [insert recreational program, even, or venue].

D. Mention SPONSOR during any radio advertisement related to [insert recreational program, even, or venue].

E. Provide SPONSOR with a designated space for advertising and marketing purposes at [insert recreational program, even, or venue].

F. Provide SPONSOR with five (5) business days to approve any use of

SPONSOR’S branding or logo and any reference to SPONSOR in any radio advertisement or social media communication related to [insert recreational program, even, or venue].

5. CITY’S RESPONSIBILITIES FOR EVENT 2:

A. Mention SPONSOR in every promotion for [insert recreational program, even, or venue], including but not limited to, radio and newspaper ads, social media postings, and other forms of digital advertising.

B. Display SPONSOR’s branding at the [insert recreational program, even, or venue]stations.

C. Provide permission for SPONSOR to enter one (1) float consisting of

SPONSOR’S ambulance accompanied by SPONSOR’s employees on foot in

[insert recreational program, even, or venue]free of charge. SPONSOR may provide promotional material and treats to parade attendees.

D. Provide SPONSOR with five (5) business days to approve any use of

SPONSOR’S branding or logo and any reference to SPONSOR in any radio advertisement or social media communication related to [insert recreational program, even, or venue].

6. TERMINATION FOR CAUSE. Either Party may terminate this Agreement for cause in the event of any breach by the other party of the conditions set forth in this

Agreement, including any non-performance of duties, a Party’s Designated

Representative may send a certified letter to the other party requesting that other party show cause why the Agreement should not be terminated. If adequate assurances or acceptable reasons are not given to the Party seeking termination within fifteen (15) days of the receipt by the other party of said show cause notice, the Party seeking termination may consider the other party to be in default, and may immediately terminate this Agreement.

7. TERMINATION FOR CONVENIENCE. The Parties reserve the right to terminate the Agreement in whole or in part, by giving the other party written notice at least thirty

(30) days prior to effective date of termination. All other rights and duties of the parties under the Agreement shall continue during such notice period, and Parties shall continue to be responsible to the other party for any obligation to the extent such responsibility has not been excused by breach or default the other party.

8. INDEMNIFICATION. To the extent permitted by law, SPONSOR hereby releases and waives all claims against CITY, its officers, employees, agents, independent contractors for any injury or damaged to the person, property, or business of SPONSOR agents, employees, or other persons, for which injury or damaged results from any act, neglect, occurrence stemming from SPONSOR’s performance of the AGREEMENT.

Nothing in the agreement shall be construed as a waiver of CITY’S statutory sovereign immunity pursuant to Section 768.28, Florida Statutes. SPONSOR agrees to indemnify and hold harmless CITY, its agents, officers, employees against any and all claims, demand, cost, and expenses of every kind and nature, including reasonable attorney fees for the enforcement, defense, or appeals thereof arise from SPONSOR performance of the Agreement or any breach or default of SPONSOR. This provision shall remain in effect even after the termination of the Agreement.

9. NONDISCRIMINATION. SPONSOR agrees not to discriminate against any citizen, employee or employment applicant on the basis of race, color, religion, national origin, ancestry, sex, marital status or age in the performance of the obligations of this

Agreement. Violation of this provision shall be treated as a breach of this Agreement.

10. NONASSIGNMENT. SPONSOR shall not, without prior consent of CITY, assign this

Agreement or any portion hereof. Any unauthorized assignment shall be void, and shall terminate the Agreement at CITY’S option. SPONSOR’S interest in this Agreement is not assignable by operation of law.

11. APPLICABLE LAWS. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida.

12. JURY TRIAL WAIVER/VENUE/WAIVER OF ATTORNEY FEES. It is mutually agreed by the parties that each do hereby waive the right to a jury trial in any action, proceeding, claim or counterclaim which may be brought by either of the parties hereto against the other on any matter concerning or arising out of this Agreement.

Venue shall be Osceola County, Florida. Each party waives the right to attorney’s fees in any action to enforce this Agreement.

13. WAIVER. No failure of CITY to insist upon strict performance in any one or more terms of this Agreement, nor any failure of CITY to exercise any right or remedy under this Agreement shall constitute a waiver of any such term, right, or remedy CITY may have, or future rights to enforce compliance.

14. NOTICES. CITY designates the Department Head of the Parks and Recreation

Department to represent CITY in all matters pertaining to and arising from the work and performance of this Agreement. Notice under this Agreement shall be deemed effective when mailed, certified mail return receipt requested or when delivered personally at the parties address below:

Notice to City:

Attention: Director, Parks and

Recreation Department

Notice to SPONSOR:

City of Kissimmee

101 Church Street

Kissimmee, Florida 34741

15. ENTIRETY OF AGREEMENT. This Agreement shall constitute the entire

Agreement of the parties. Any prior understanding or representations of any kind preceding the date of this Agreement shall not be binding on either party except as incorporated herein.

16. MODIFICATIONS. Any modifications or additional obligations assumed by either party in connection with this Agreement shall be binding only if evidenced in writing and signed by each party or an authorized representative of each party.

17. BINDING. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by this Agreement.

18. SEVERABILITY. In case any one or more of the provisions contained in this

Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

19. PUBLIC RECORDS. SPONSOR acknowledges the City’s obligations under Article

I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and that the constitutional and statutory provisions control over the terms of this Agreement. As such, SPONSOR shall keep and maintain public records required by the City to perform the service.

If SPONSOR has questions regarding the application of Chapter 119, Florida

Statutes, to SPONSOR’s duty to provide public records relating to this

Agreement, contact the Custodian of Public Records at 407-518-2308, cityclerkemail@kissimmee.gov, and 101 Church Street, Kissimmee, Florida

34741.

a. If the City’s Custodian of Records requests records from SPONSOR, SPONSOR shall provide the City’s Custodian of Records with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost charged by the City of Kissimmee, as provided in Chapter 119, Florida Statutes or as otherwise provided by law.

mailto:cityclerkemail@kissimmee.gov

b. SPONSOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the

SPONSOR does not transfer the records to the City.

c. Upon completion of the Agreement, SPONSOR shall transfer, at no cost, to the City all public records in possession of SPONSOR or keep and maintain public records required by the City to perform the service. If SPONSOR transfers all public records to the City upon completion of the Agreement, SPONSOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If

SPONSOR keeps and maintains public records upon completion of the Agreement, SPONSOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. Unless otherwise directed by the City, all records will be transferred at the conclusion of the Agreement.

d. Upon notice to SPONSOR of a request to inspect or copy public records relating to a City

Agreement, SPONSOR shall provide the records to the City or allow the records to be inspected or copied within a reasonable time.

e. If SPONSOR does not comply with the City’s request for records, such failure shall constitute a material breach and the Agreement shall terminate upon notice by the City.

f. A SPONSOR who fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statutes §119.10.

20. NO WAIVER OF SOVEREIGN IMMUNITY. Notwithstanding, nothing in this

Agreement shall be construed as a waiver by the CITY of its rights to statutory sovereign immunity pursuant to Fla. Stat. §768.28.

21. COMPLIANCE WITH FEDERAL, STATE, COUNTY, AND LOCAL LAWS. The

Parties shall comply with all Federal, State, County and local laws, regulations, ordinances, and health and regulations at all times.

22. FORCE MAJEURE. Neither Party shall be responsible for cancellations or delays to

[insert recreational program, even, or venue] caused by Force Majeure or other events beyond the control of the other Party and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, Force Majeure includes, but is not limited to, adverse weather conditions, floods, epidemics, war, riot, strikes, lockouts and other industrial disturbances; unknown site conditions, accidents, sabotage, fire, loss of or failure to obtain permits, unavailability of labor, materials, fuel or services; court orders; acts of

God; acts, orders, laws or regulations of the Government of the United States or the several states, or any foreign country, or any governmental agency. Should Force Majeure cancel

[insert recreational program, even, or venue], SPONSOR shall receive a fifty (50) percent refund of any monies paid in consideration for sponsorship rights for the event which was cancelled.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed:

By:

SPONSOR

Date:

STATE OF FLORIDA

COUNTY OF ______________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this_______ day of ____________ , 20__, by ________________________________ as _________________________________ for ________________________ who is ☐ personally known or ☐ produced the following identification: ____________________________.

Seal: ____________________________________

Signature of Notary Public

CITY OF KISSIMMEE, a municipal corporation

By:__________________________________ Date: ___________________

Jackie Espinosa, Mayor

Attest: _______________________________ Date: ___________________

Tameara Crespo, City Clerk

Approved as to form and legality.

By: _____________________________________ Date: ___________________

Olga Sanchez de Fuentes, City Attorney