RFP2026016_Title_Sponsorship_for_the_2026_Kissimmee_Festival_of_Lights_1.pdf

~ 1 ~

* REQUEST FOR PROPOSAL *

I. The CITY OF KISSIMMEE is seeking SEALED PROPOSALS on the following:

Request for Proposal Number RFP2026016 Title Sponsorship for the 2026 Kissimmee Festival of Lights

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, one (1) copy and (1) electronic copy on CD or Flash Drive.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 p.m. August 24, 2026.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance Department 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 p.m.

on August 24, 2026.

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal's name and address shall be clearly shown on the exterior of the Sealed Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their proposal.

Brandon Durango

Financial Resources & Systems Manager

~ 2 ~

General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the bidder’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the bidder’s schedule. Each bidder is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Bidders should include all descriptive literature specifications or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official timekeeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 DEFAULT

Should the successful bidder for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The bidder in default may be held liable for any added cost to the

City of Kissimmee incurred as a result of such action.

1.4 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

1.5 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factors: price; quality of product offered; compliance with specifications; delivery; reputation of the proposal; previous contract’ proximity of parts and service; compatibility with similar, existing products; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible bidder complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

~ 3 ~

The City of Kissimmee reserves the right to accept and /or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis; and accept the proposal which in its judgment, best services the interest of the City of Kissimmee.

Bidders are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal.

Questions regarding the status of any proposal should be directed to the Purchasing Agent.

Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal. The City of Kissimmee will only notify successful vendor(s).

1.6 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of

Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor

FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.7 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages. However, it shall be the bidder’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addenda have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.8 BIDDER’S CERTIFICATION

By signature on this proposal, bidder certifies or in the case of a joint proposal each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the bidder has not divulged or discussed his offer with other bidders.

C. Prices offered have been determined independently without collusion with other bidders for the purpose of restricting competition.

D. No attempt has been made to induce any potential bidder to submit or decline to submit an offer in response to this solicitation.

~ 4 ~

1.9 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Bidders” form. Failure to return the form may result in your omission from future proposal lists.

1.10 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.11 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award.

The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence –

• Written communications directed to the Procurement Officer;

• All communications occurring at pre-bid meetings;

• Oral presentations before publicly noticed committee meetings;

• Procurement of goods and services for Emergency situations; and

• Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.12 PROTEST

Any protest must be made within three (3) days following posting of the proposal award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn: Purchasing

Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133,F.S. for http://www.kissimmee.gov/

~ 5 ~

CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY: The Contractor must indemnify, hold harmless and, at the option of the City Attorney’s

Office, defend or pay for an attorney selected by the City Attorney’s Office to defend City, the City, its past, present, future elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees) in connection with violations of copyrighted or trademarked materials used by Contractor, loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, or agents, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. In any and all claims against the City, or any of their agents or employees by any employee of the Contractor, anyone directly or indirectly employed by Contractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph is not limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, Disability Benefit Acts or other

Employee Benefit Acts. Nothing contained herein is intended, nor may it be construed, to waive

City’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the City

Attorney, any sums due Contractor under this Agreement may be retained by the City until all of the

City’s claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the City. The above provisions will survive the termination or expiration of this Agreement and will pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination or expiration hereof.

2.3 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed

IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida

34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the

RFP opening date. Last day for questions: Friday, August 07, 2026 by 5pm.

However, unless modified by a written addendum issued by the Purchasing Coordinator, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Coordinator for the City of Kissimmee.

Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

mailto:procurement@kissimmee.gov

~ 6 ~

2.4 No minor children are permitted to accompany bidders during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page www.kissimmee.gov, under the

Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Bidders, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 The City of Kissimmee has a Local Vendor Preference Policy: When written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola

County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price. In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.7 FEES AND LICENSURE COST: This bid requires the following fees/licensure; proof of a valid

Business Tax Receipt from the jurisdiction of the bidder's place of business.

2.8 INSURANCE PROVISIONS: The Successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

A) Workers’ Compensation: The Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all his employees.

The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: The Contractor will provide coverage for all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

C) Comprehensive Automobile Liability: The Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

D) Umbrella Liability: The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

http://www.kissimmee.gov/

~ 7 ~

2.9 TERM OF CONTRACT: The term shall be a one (1) year term from the date of execution of the

Agreement.

Note: Sample Agreement on pages 11-16.

3.0 SCOPE OF WORK AND REQUIREMENTS

3.1 INTRODUCTION AND PURPOSE

The City of Kissimmee is soliciting proposals to contract with a firm for the role of title of sponsor for the Kissimmee Festival of Lights seasonal event. The six-week long event offers holiday lights and displays, signature and partner events, and other activations within Downtown Kissimmee. The title sponsor involves providing a financial donation to the City of Kissimmee to support and expand the event. The Kissimmee Festival of Lights seasonal event is community based; therefore, firms with demonstrated engagements and contributions within the City of Kissimmee will hold significant value when selecting a title sponsor. Proposals that have a financial investment valued at $25,000 or above will receive serious consideration.

3.2 BACKGROUND

The Downtown Kissimmee CRA District consists of the traditional commercial downtown business and supporting residential districts of Kissimmee and consists of approximately 750 acres.

Downtown is a historic part of Kissimmee (est. 1883) that includes governmental functions, retail and service activities. The Downtown Kissimmee CRA district also includes a regional Trauma II hospital and supporting medical services, lakefront property on Lake Tohopekaliga, as well as recreational and eco-tourism activities along the lakefront.

The City of Kissimmee and Downtown Kissimmee CRA have decorated the Downtown Kissimmee

CRA district for the holiday season for many years; however, in 2025 the Kissimmee Festival of

Lights concept was expanded from a one-day signature event to a six-week long seasonal event.

This event features expanded holiday displays throughout Downtown Kissimmee, themed events for a wide range of audiences, with dining and other specials from local businesses. Kissimmee

Festival of Lights is anchored by the signature event, the Kissimmee Festival of Lights Parade and is produced in partnership with Kissimmee Main Street. The season begins on Saturday, November

28th and will conclude on Wednesday, January 6th, 2027. The title sponsor of this event will receive recognition through signage throughout the event area as well as digital event material. Detailed sponsorship information is included in sections 3.3 and 3.4 of this RFP.

3.3 Sponsor Responsibilities

The selected organization will be a title sponsor(s) for the 2026 Kissimmee Festival of Lights event in Downtown Kissimmee. The title sponsor will provide a financial donation to the City of Kissimmee to support the Kissimmee Festival of Lights event. The targeted amount ranges from $25,000 to

$50,000.

~ 8 ~

The title sponsor(s) will have the opportunity to engage its staff members at the various events during the Festival of Lights event. Additionally, the title sponsor(s) will be provided with an entry in the Kissimmee Festival of Lights Parade. The selected organization(s) and the City of Kissimmee may find additional ways to bring exposure their firm during the event.

3.4 City of Kissimmee Responsibilities

The City of Kissimmee will brand the selected firm as the title sponsor for the 2026 Kissimmee

Festival of Lights event. Selected firm’s branding will be included in all printed and digital media.

The selected firm will receive recognition on the event webpage and dedicated signage throughout the event areas. The selected firm can coordinate with the City of Kissimmee on a dedicated social media plan to highlight the collaboration and title sponsorship for the Kissimmee Festival of Lights event.

3.5 Proposal Requirements

Proposals should include the following items:

I. Introductory letter summarizing the unique proposal of your firm to meet the needs of this sponsorship opportunity. The letter should be presented on the firm’s official letterhead and signed by a representative of the firm authorized to enter into a sponsorship agreement with the City of Kissimmee.

II. Contact information of the individual who shall execute the sponsorship with the City of

Kissimmee if selected and contact information for any other direct contacts the City of

Kissimmee should include in correspondence. Contact information should include physical address, telephone number, and email address.

III. Engagement Proposal outlining the firm’s relevant experience with similar sponsorships or partnerships, the financial amount the firm is proposing for the title sponsor position, the firm’s core values and their alignment with the City of Kissimmee community, include ideas of possible additional activations the firm may wish to engage in during the Kissimmee Festival of Lights, include any additional ideas the firm may have to highlight the proposed partnership with the firm and the City of Kissimmee.

IV. Include a certified, signed statement from a licensed CPA or financial institution regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm.

4.0 EVALUATION CRITERIA AND SELECTION PROCESS

This is not a bid. There will not be a public opening. The Proposals received in response to this

RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below.

~ 9 ~

Proposals will be evaluated in accordance with this section and all applicable City Purchasing policies and procedures.

The City shall appoint a selection committee (the “Selection Committee”) that will be responsible for evaluating and scoring/ranking the Proposals in accordance with this Section.

The City Purchasing Division shall review all Proposals for conformance with RFP guidelines and detailed submittal requirements. At the City’s discretion, non-conforming Proposals may be eliminated from further consideration.

Purchasing will distribute Proposals and evaluation criteria to the Selection Committee. Each

Selection Committee member shall score each Proposal on the following evaluation criteria:

Points

• Financial Amount of Sponsorship 50

• Mission and Value alignment 20

• Approach to activation and partnership 20

• Completeness of RFP 10

• Total Points Available 100

When all Selection Committee members have completed their Proposal evaluations, the individual

Selection Committee member’s total scores for each Proposal will be added together to produce a final score for each Proposal.

Purchasing will confirm the calculations for the final score for each Proposal. Then, Purchasing shall publish a rank-ordered listing of the Proposals to the Selection Committee.

Formal Oral Presentations/Interviews (If Requested):

The City may choose to conduct oral interviews with, or receive oral presentations from, one or more of the proposers. If the City chooses to allow oral interviews and/or presentations, such interviews or oral presentations will be open to the public. If oral presentations or interviews are held, the following guidelines will be used.

The City’s Purchasing Division will establish the schedule and proposers will be notified at least seven (7) calendar days in advance of the date, time and place of the presentations. The specific format of each presentation will be provided to proposers with the notifications. The City will allot equal time for each proposer divided into three sequential parts: formal presentations, questions and answers, and discussion.

Oral interviews/presentations will provide an opportunity for the proposers to demonstrate their ability to use time efficiently, effectively and economically. The times allotted are maximums and no firm will be penalized for using less than the allotted time.

~ 10 ~

Final Ranking and Recommendation for Award:

After clarification is completed, the Committee will re-score all proposals to determine a final ranking of proposers considered to be most capable of performing the required project in the best interest of the City. The City will rank all complete written proposals received and/or formal oral presentations/interviews in order of preference and submit this ranking as its final recommendation to the City Commission for authorization to begin negotiations.

After contract negotiations with a Proposer are successfully completed, the Selection Committee shall recommend to Commission that it selects such Proposer(s) to provide the services as outlined in the Agreement. The City of Kissimmee Commission shall make the final decision whether to enter into an Agreement with a Proposer(s).

SPONSORSHIP AGREEMENT

BETWEEN CITY OF KISSIMMEE

AND _____________________

THIS AGREEMENT is made this day of , 2026 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 ________________, whose address is ________________________________________________, hereinafter referred to as “SPONSOR,” collectively hereinafter referred to as the “Parties,” and each represents as follows:

WITNESSETH

WHEREAS, CITY published RFP 2026-______ on ____________, 2026 seeking sponsors for the 2026 Festival of Lights Event held at the Kissimmee Lakefront Park (hereinafter “RFP”); 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 the Festival of Lights event (hereinafter “Agreement”); and

WHEREAS, the Parties value this Agreement at $_____; 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 the 2026 edition of the City’s Festival of Lights.

SPONSOR shall have a right of first refusal to renew this Agreement for the 2027 edition of the City’s Festival of Lights Event. SPONSOR shall exercise its option to renew this Agreement for one (1) additional year by January 5, 2027.

3. SPONSOR RESPONSIBILITIES:

Pay $__________ to CITY on or before ____________, 2026 in consideration for a sponsorship further defined in Section 4 below for the CITY’S Festival of Lights

4. CITY’S RESPONSIBILITIES FOR FESTIVAL OF LIGHTS EVENT:SAMPLE

a. Mention SPONSOR in every promotion for City’s Festival of Lights Event, 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 Letter for Santa and Ornament Decoration stations.

c. Provide permission for SPONSOR to enter one (1) float accompanied by SPONSOR’s employees on foot in City’s Festival of Lights Event Parade 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 CITY’S Festival of Lights Event.

5. 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.

6. 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.

7. 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. SAMPLE

8. 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.

9. 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.

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

11. 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.

12. 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.

13. NOTICES. CITY designates the Department Head of the Economic Development 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, Economic Development Department City of Kissimmee 101 Church Street Kissimmee, Florida 34741

Notice to SPONSOR:

Attention:

14. 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.

15. 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.

SAMPLE

16. 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.

17. 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.

18. 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.

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. SAMPLE mailto:cityclerkemail@kissimmee.gov

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.

19. 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.

20. 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.

21. HUMAN TRAFFICKING. Vendor shall provide City with a completed affidavit signed by an officer or representative of Vendor attesting, under penalty of perjury, that Vendor does not use coercion for labor or services as defined by section 787.06, Florida Statutes. See “Exhibit A” for a sample human trafficking affidavit.

22. FORCE MAJEURE. Neither Party shall be responsible for cancellations or delays to City’s Festival of the Lights Events 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 the City’s Festival of the Lights Events, SPONSOR shall receive a fifty (50) percent refund of any monies paid in consideration for sponsorship rights for the event which was cancelled.

[SIGNATURES ON FOLLOWING PAGE.] SAMPLE

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 this ____ day of , 2026, by means of ☐ physical presence or ☐ online notarization by as for Sponsor:_____________ who is personally known to me or has produced identification.

Notary Seal: Notary:

Print Name:

My Commission Expires:

CITY OF KISSIMMEE, a municipal corporation

By:__________________________________ Date: ___________________ Jackie Espinosa, Mayor-Commissioner

Attest: _______________________________ Date: ___________________ Tameara Crespo, City Clerk

Approved as to form and legality.

By: _____________________________________ Date: ___________________ Kalanit Oded, City Attorney

SAMPLE