HomeMy WebLinkAbout2025 07 14 Consent 301 - Approval of Naming Rights Agreement for Central Winds Pickleball ComplexCONSENT AGENDA ITEM 301
CITY COMMISSION AGENDA | JULY 14, 2025 REGULAR MEETING
TITLE
Approval of Naming Rights Agreement for the Central Winds Pickleball Complex
SUMMARY
In August 2024 City Staff prepared a Request for Proposal (RFP 08-24-04 LH) to solicit
interested parties to submit proposals for naming rights to the Pickleball Complex, no
responses were received by the original September 20th, 2024 deadline. City staff then
extended to an October 11th, 2024 deadline which also yielded no responses.
In November of 2024, a representative from AdventHealth contacted the City
expressing interest in the naming rights opportunity that was previously advertised.
Staff held an initial meeting with AdventHealth in December of 2024 to discuss the
naming rights opportunity. City staff and AdventHealth then engaged in an ongoing
dialog pertaining to the naming rights agreement and in July of 2025 AdventHealth
advised City staff of their desire to move forward with the execution of the naming
rights agreement.
The initial term of the agreement is 5 years with the naming rights fee set at $100,000.
A one time lump sum payment of $2,000 is included in the agreement to cover the
City's estimated out-of-pocket expenses to be incurred for installing, maintaining, or
replacing the court wind screening, wayfinding signs, and the painting display on the
main tournament court required by Section 3.0.
FUNDING SOURCE
RECOMMENDATION
Staff recommends the City Commission authorizes the City Manager to execute the
Naming Rights Agreement for the Central Winds Pickleball Complex.
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NAMING RIGHTS AGREEMENT
CENTRAL WINDS PICKLEBALL COMPLEX
THIS NAMING RIGHTS AGREEMENT (“Agreement”) is made and entered into this
____ day of _______________, 2025 (“Effective Date”), by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (“City”) located at 1126 E. State Road 434, Winter
Springs, Florida 32708 and ADVENTIST HEALTH SYSTEM/SUNBELT, INC., a Florida Not
for Profit Corporation d/b/a ADVENTHEALTH ORLANDO (“Advent”) whose principal
address is 900 Hope Way, Altamonte Springs, Florida 32714.
WITNESSETH
WHEREAS, the City owns and operates fourteen tournament pickleball courts and
associated facilities located within a portion of the City’s Central Winds Park, 1000 Central Winds
Drive, Winter Springs, Florida 32708 (the “Pickleball Complex”); and
WHEREAS, the City and Advent desire to enter into an agreement whereby the City will
grant Advent certain temporary naming rights to the Pickleball Complex under the terms and
conditions stated in this Agreement.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and
other good and valuable consideration in which the parties acknowledge has been received, the
parties agree as follows:
1.0 Incorporation of Recitals. The foregoing recitals are true and correct and by this
reference are fully incorporated into this Agreement.
2.0 Term and Notice of Renewal.
The term of this Agreement shall commence on the Effective Date and continue for a period
of five (5) years unless earlier terminated in accordance with this Agreement. The Parties may
renew this Agreement by mutual written agreement.
3.0 Naming Rights – Pickleball Complex. During the term of this Agreement, the Pickleball
Complex shall be named the “Advent Health Pickleball Complex – Winter Springs,” or such
substantially similar name mutually agreed upon in writing by the Parties. The naming of the
Pickleball Complex may include the respective logos of Advent and the City. The naming rights
granted to Advent hereunder are conditioned upon Advent fulfilling its payment and other
obligations explicitly stated hereunder and not engaging in conduct that is detrimental to the City’s
reputation, and shall include the following:
(a) Advent’s name and logo shall be displayed on court wind screening located at the
Pickleball Complex.
(b) Advent’s name and logo shall be painted and displayed on the main tournament
court at the Pickleball Complex.
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(c) Advent’s name and logo shall be displayed on a minimum of three (3) wayfinding
signs at the Pickleball Complex at locations determined by the City.
(c) Advent’s name and logo shall be mentioned and displayed in connection with
public service announcements and media materials created by the City for tournaments organized
by the City and held at the Pickleball Complex.
(d) Advent’s name and logo shall be displayed on the City’s webpage featuring the
promotion of the Pickleball Complex.
3.1 Advent may request that the City allow other additional marketing material,
including but not limited to small signs containing QR Codes, pole wrappings, informational flyers
or brochures, or similar items, be placed or made available at the Pickleball Complex. Such
material if allowed by the City must not undermine the public nature and purpose of the Pickleball
Complex. The cost of such additional marketing materials shall be borne by Advent. All additional
marketing materials must receive prior written approval from the City before being placed or made
available at the Pickleball Complex. The City’s approval will not be unreasonably withheld.
3.2 The Parties agree to act in good faith to agree upon the exact size, location, and/or
depiction of Advent’s name and logo to be employed by the City in all printed or web-based
content, which depiction shall be designed at Advent’s sole cost and expense.
3.3 Advent hereby grants to the City a limited, non-exclusive license to use Advent’s
name and logo for purpose of communicating Advent’s sponsorship of and naming rights to the
Pickleball Complex. The City may use Advent’s name or logo in marketing efforts online, in print,
on promotional items, and in advertising and signage, in accordance with the naming rights
benefits outlined above.
3.4 The naming rights granted under this Section are limited to the Pickleball Complex
and do not apply to any other portion of Central Winds Park, City facility, or special event.
3.5 The Parties agree that the wind screening and painted name and logo on the main
tournament court will be maintained in good condition less reasonable wear and tear. The wind
screening and painted name and logo will be replaced by the City if the City or Advent believe
they are significantly damaged or the Advent name and logo is significantly faded by player use
of the courts or weather elements.
4.0 Industry Exclusivity – Pickleball Complex; Other Sponsors. During the term of
this Agreement, the City shall not enter into any agreement with a healthcare provider for the
naming rights to a structure or space within the Pickleball Complex. However, nothing under this
Agreement shall limit or prohibit the City from retaining and using other sponsors at the Pickleball
Complex, provided the sponsorship materials from any other sponsors neither interfere with the
display of the naming rights granted to Advent under Section 3.0 herein nor directly compete with
or conflict with Advent’s core business and purpose as a health care provider or brand identity.
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5.0 Consideration – Naming Rights Fee. In exchange for the naming rights
granted under this Agreement, Advent shall pay the City a total sum of ONE HUNDRED
THOUSAND DOLLARS AND 00/100 ($100,000.00) (the “Rights Fee”), plus the reimbursable
expenses described in Section 5.1. Advent shall pay the Rights Fee to the City in five (5) equal
installments of TWENTY THOUSAND DOLLARS AND 00/100 ($20,000.00), due and payable
yearly on the anniversary of the Effective Date. The first installment shall be due and payable to
the City on the Effective Date.
5.1 In addition to the payment of the Rights Fee, Advent shall be responsible for paying
a one-time lump sum expense payment in the amount of TWO THOUSAND DOLLARS AND
00/100 ($2,000.00) to cover the City’s estimated out-of-pocket expenses to be incurred for
installing, maintaining, or replacing the court wind screening, wayfinding signs, and the painting
display on the main tournament court required by Section 3.0. The expense payment shall be due
and payable along with payment of the first installment of the Rights Fee. In addition, Advent shall
be responsible for directly paying for other additional marketing materials provided by Advent that
are allowed by the City under Section 3.0 of this Agreement.
5.2 All payments due the City hereunder shall be remitted to: the City of Winter
Springs, 1126 E. State Road 434, Winter Springs, Florida 32801, Attn: Finance Department.
6.0 Additional Promotional Opportunities. Advent shall, at its sole cost and expense,
have the following additional promotional rights at the Pickleball Complex:
(a) Advent may distribute marketing and promotional materials at special events and
pickleball tournaments.
(b) Advent may provide structures such as benches, picnic tables, or similar, for use as
warm-up and recovery spaces at the Pickleball Complex. The number, type, and installation
of such structures at the Pickleball Complex shall require prior written approval by the City
Manager. Upon placement of any structure at the Pickleball Complex, such structure(s) shall
become the property of the City and be maintained by the City.
(c) Advent may provide seminars, classes, or similar programming at the Pickleball
Complex related to health, mobility, wellness, or similar. Any programming provided by
Advent at the Pickleball Complex shall be approved in writing by the City and memorialized
in a separate Program Agreement executed between Advent and the City, and all
programming shall occur under the terms and conditions provided in the separate Program
Agreement.
7.0 Renegotiation Upon Televised Tournament Play. In the event that the Pickleball
Complex hosts a professional pickleball team or professional tournaments, which result in a
televised match that are or will be broadcast to a national or regional audience, the City shall have
the right to renegotiate the terms of this Agreement to reflect the increased exposure and
promotional value of the naming rights. Renegotiation shall include, but is not limited to, potential
adjustments to the Rights Fee, additional signage or branding opportunities, and expanded
promotional rights for Advent. If the parties are unable to reach an agreement on revised terms
within sixty (60) days of initiating renegotiation, the City may, no later than thirty (30) days
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following the renegotiation period, provide Advent written notice terminating this Agreement
effective on the next anniversary date of the Effective Date.
8.0 Operation and Maintenance of Pickleball Complex. The City will be solely
responsible for operating and maintaining the Pickleball Complex in a condition suitable for public
use. Advent shall refrain from engaging in activities that would interfere with the City’s operation
and maintenance of the Pickleball Complex.
9.0 Damage To The Pickleball Complex. In the event that the Pickleball Complex is
damaged by fire, natural disaster, vandalism, or other unforeseen events, the City shall use
reasonable efforts to repair or restore the complex in a timely manner. If the Pickleball Complex
cannot be reasonably repaired or restored within six (6) months, the Parties shall negotiate in good
faith a prorated refund of the Rights Fee and annual lump-sum expense payment or an alternative
resolution, such as extending the term of the Agreement at no additional cost to Advent. Further,
if the Pickleball Complex is permanently closed or relocated, Advent shall have the right to
terminate this Agreement and receive a pro-rata refund of any prepaid Rights Fee and annual lump-
sum expense payment.
10.0 Default and Remedies.
10.1 If either party fails to perform its obligations under this Agreement and such failure
continues for a period of thirty (30) days after written notice from the non-defaulting party, the
non-defaulting party may terminate this Agreement.
10.2 In the event of termination due to Advent’s default, the City shall have the right to
remove all references to Advent’s name and logo from the Pickleball Complex and remove all
Advent marketing and promotional materials. Further, Advent shall forfeit any paid Rights Fee
and annual lump sum expense payment made to the City pursuant to Section 5.0.
10.3 In the event of termination due to the City’s default, Advent shall be entitled to a
refund of a pro-rata portion of any paid Rights Fee and annual lump sum expense payment made
to the City pursuant to Section 5.0 for the period in which the City was in default. Further, upon
written request made by Advent, the City will also return any promotional and marketing materials
provided by Advent with the exception of any structures provided under Section 6.0(b) which shall
remain the property of the City.
11.0 General Provisions.
11 .1 The parties acknowledge and agree that the City solicits sponsors and advertisers
for City facilities who provide services and/or products to residents of the community and whose
product, message or service is consistent with the mission and values of the City. Additionally, the
City welcomes sponsorship and advertising opportunities that enhance the City’s ability to deliver
an additional source of financial, in-kind and technical assistance for programs, events, projects
and sites from both non-profit and for-profit entities and individuals. The City maintains its
sponsorship and naming rights program as a non-public forum and exercises sole discretion over
who is eligible to become a sponsor, and the level and kind of benefits provided to sponsors
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according to the best interests of the City and the special events that will be scheduled and
conducted by the City.
11 .2 The parties acknowledge and agree that the areas of City owned or leased property,
or portions thereof, that are designated by the City for sponsorship opportunities and certain event
activities are maintained as a non-public forum. The City intends to preserve its rights and
discretion to exercise full editorial control over the placement, content, appearance, and wording
of sponsorship affiliations and messages. The City may make distinctions on the appropriateness
of sponsors based on the subject matter of a potential sponsorship recognition message or
advertisement and reserves the right to revise, reject or omit content. However, the City will not
deny sponsorship opportunities based on Advent’s viewpoint. Advent acknowledges that the City’s
policy is that the City, in its sole discretion and judgement, will not accept sponsorships from any
company, person or organization that is engaged in any of the following activities and/or has a
mission supporting any of the following subject matters: (a) commentary, advocacy, or promotion
of issues, candidates, and campaigns pertaining to political elections; (b) depiction in any form of
profanity or obscenity, or promotion of sexually oriented products, activities, or materials; (c)
promotion of bigotry, prejudice and/or hate; (d) promotion of the sale or use of firearms,
explosives, or other weapons, or glorification of violent acts; and (e) promotion or depiction of
illegal products, or glorification of illegal products, activities, or materials. The parties recognize
that the City’s entering into this Agreement with Advent does not constitute an endorsement of the
Advent or any other sponsor or any of their services and products but said Agreement does imply
an affiliation between the City and Advent. Any proposal, material, or services offered by Advent
at the Pickleball Courts that compromises the public’s perception of the City’s neutrality or its
ability to act in the public interest will be rejected by the City at its sole discretion.
11 .3 This Agreement and the naming rights benefits provided by the City hereunder shall
not be construed or interpreted as the City’s endorsement of Advent’s organization, products, or
services. The City will not make any statements that directly or indirectly advocate or endorse
Advent or any other sponsor organization, products, or services. Materials or communications,
including but not limited to, print, video, internet, broadcast, or display items developed to promote
or communicate the sponsorship using the City’s name, marks, or logo, must have written approval
from the City Manager. The City will neither seek nor accept sponsors that manufacture products
or take positions inconsistent with local, state, or federal law or with City policies, positions, or
resolutions.
11 .4 The Parties acknowledge and agree that during special events held by the City on
City owned or leased property, some portions of City owned or leased property such as roads,
sidewalks and parks, may be considered a traditional, limited or designated public forum under
law. For these areas, the parties acknowledge that the general public may have certain levels of
First Amendment rights to express themselves freely within the parameters of the U.S. and Florida
Constitutions. The City intends to preserve its rights and discretion to exercise control over these
areas to promote an orderly special event and public safety, but the City’s control over and
acceptance of First Amendment activities may be limited and will be governed by constitutional
principles of law. The City does not provide any endorsements, guarantees, or commitments of
any kind to Advent regarding any of these First Amendment activities should they occur during a
special event, even if said activities interfere, conflict, or impede Advent’s benefits provided under
this Agreement.
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12.0 Entire Agreement. This Agreement represents the entire and integrated agreement
between the parties and supersedes all prior negotiations, representations, or agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
13.0 Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to
the fullest extent possible. Neither this provision nor any other provision of this Agreement shall
be construed as a waiver of the City’s right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the City’s potential liability under state or federal law.
Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of
allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or
by operation of law. This paragraph shall survive termination of this Agreement.
14.0 Insurance. The City requires event and naming rights sponsors to maintain general
liability insurance. As such, for Advent’s naming rights to the Pickleball Courts and performance
under this Agreement, Advent shall purchase and maintain, at its own expense, such general
liability insurance to cover claims for damages because of bodily injury or death of any person or
property damage arising in any way out of their performance under this Agreement including, but
not limited to, Advent’s receipt and exercise of any and all benefits received under this Agreement.
The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined
single limit for bodily injury liability and property damage liability. Advent shall furnish an
insurance certificate naming the City as additional an insured for purposes of the required general
liability insurance to include the expiration date of such coverage. Advent shall be solely
responsible to pay the deductible, if any, relating to any claim made against the insurance
coverages provided under this Agreement. If the City has any objection to the coverage afforded
by or other provision of the insurance required to be purchased and maintained by Advent in
accordance with this paragraph on the basis of its not complying with the Agreement, the City shall
notify Advent in writing thereof within thirty (30) days of the date of delivery of such certificate
to the City. Advent shall continuously maintain such insurance in the amount, type, and quality as
required by this paragraph during the term of this Agreement.
15.0 Indemnification and Hold Harmless.
15.1 Advent agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney’s fees), which directly or indirectly arises out of, or results from Advent’s use of the
naming rights granted hereunder and any act or failure to act of Advent or any person authorized
by Advent related in any way whatsoever to Advent’s performance under this Agreement, except
to the extent caused by the City’s negligence or willful misconduct.
15.2 The indemnification provided above shall obligate Advent to defend at its own
expense or to provide for such defense, at the option of the City, as the case may be, of any and all
claims and liability and all suits and actions of every name and description that may be brought
against the City or its employees, officers, and attorneys which may arise or result from this
Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the
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fees for which shall be reasonable and subject to and included with this indemnification provided
herein. This section shall survive termination of this Agreement.
16.0 Non-Liability of City Officials and Employees. No City elected or appointed official
or City employee shall be personally liable to Advent, or any successor in interest, in the event of
a Default or breach by the City of any term or condition of this Agreement. Advent hereby waives
and releases any claim Advent may have against any City elected or appointed officials or City
employees with respect to any default or breach by the City.
17.0 Advent’s Signatory. The undersigned person executing this Agreement on behalf of
Advent hereby represents and warrants that they have the full authority to sign said Agreement for
Advent and to fully bind Advent to the terms and conditions set forth in this Agreement.
18.0 General Miscellaneous Provisions. The following general miscellaneous provisions
shall apply to this Agreement.
18.1 Non-Business Day. In the event that any period of time, as set forth in this
Agreement, expires or any date herein occurs on a Saturday, Sunday, holiday or other non-business
day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day.
18.2 No Assignment. This Agreement shall not be assigned or transferred unless prior
written consent is granted by the City Commission.
18.3 Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act(s), execute and
deliver any further documents that may be necessary or desirable in order to carry out the purposes
and intentions of this Agreement.
18.4 Section Reference. Unless the context clearly indicates otherwise, reference in
this Agreement to a whole number section (e.g., 3.0) shall include all related subsections (e.g., 3.1,
3.2, etc.)
18.5 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from
this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, or paragraph did not exist.
18.6 Governing Law and Venue. This Agreement shall be governed by the law of the
State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The
parties agree that the Agreement was consummated in Seminole County, and the site of the Event
is Seminole County. If any dispute concerning this Agreement arises under Federal law, the venue
will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived.
18.7 Attorney’s Fees. In the event any litigation or controversy arises out of or in
connection with the parties hereto, each party shall bear their own costs and attorney’s fees.
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18.8 Non-Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any
other rights, unless otherwise expressly provided herein.
18.9 Notices. Any notice, request, instruction, or other document to be given as part of
this Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepared, certified or registered; or the next business day after being deposited with
a recognized overnight mail or courier delivery service; or when transmitted by facsimile or
telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or
to such other person or at such other addresses, of which any party hereto shall have given written
notice as provided herein):
TO THE CITY: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708-2799
(407) 327-5957 (Phone)
(407) 327-6686 (Fax)
TO SPONSOR: ADVENTHEALTH ORLANDO
c/o – AdventHealth Seminole County Marketing
AdventHealth Seminole County Marketing Manager
Meredith Lax, MBA
201 Park Place, Suite 207
Altamonte Springs, FL 32701
(407) 756-8235
18.10 Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered, shall be original; but such counterparts shall
together constitute but one and the same instrument.
18.11 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of
Advent related, directly or indirectly, to this Agreement, may be deemed to be a Public Record
whether in the possession or control of the City or Advent. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of Advent is subject
to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific
written approval of the City. Upon request by the City, Advent shall promptly supply copies of
said public records to the City. All books, cards, registers, receipts, documents, and other papers
in connection with this Agreement shall at any and all reasonable times during the normal business
hours of Advent be open and freely exhibited to the City for the purpose of examination and/or
audit.
IF ADVENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE ADVENT’S DUTY TO PROVIDE PUBLIC RECORDS
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RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS THE CITY CLERK, AT (407) 327-5955,
CITYCLERKDEPARTMENT@WINTERSPRINGSFL.ORG, 1126 EAST STATE ROAD
434, FLORIDA 32708.
18.12 Interpretation. Both the City and Advent have participated in the drafting of
all parts of this Agreement. As a result, it is the intent of the parties that no portion of this
Agreement shall be interpreted more harshly against either of the parties as the drafter.
18.13 No Joint Venture. This Agreement shall not in any way be deemed to create a
joint venture or principal-agent relationship between Advent and the City.
18.14 No City Representations and Warranties; Success of Naming Rights. Advent
recognizes that the City has made no representations and warranties regarding the success of the
Pickleball Court’s or Advent’s naming rights thereto. Advent agrees and acknowledges that the
City has in no way guaranteed that the Pickleball Courts or Advent’s naming rights thereto will be
successful by any person’s standard and belief of success.
18.15 Dispute Resolution. In the event of any dispute between the parties arising out of
this Agreement, the City and Advent shall use good faith to promptly resolve their disputes
amicably. The parties agree to not commence litigation until attempting to resolve any disputes
through mediation. Each party shall equally split the cost of mediation.
18.16 Amendment of Agreement. Modifications or changes in this Agreement must be
in writing and executed by the parties bound to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
CITY OF WINTER SPRINGS, FLORIDA ADVENT HEALTH
By:_________________________ By:__________________________
Kevin Sweet, City Manager Name/Title: ________________________
(Please print)
Date: _______________ Date: _____________
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City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
REQUEST FOR PROPOSALS
CENTRAL WINDS PARK PICKLEBALL SPONSORSHIP
PROPOSAL : RFP- 08-24-04 LH DATE: August 16 , 2024
The City of Winter Springs is currently seeking a potential Sponsor or Sponsors for its new championship caliber
Pickleball complex located in the Central Winds Park in the City of Winter Springs, FL.
Sealed Proposals will be received by the City of Winter Springs (CITY) Procurement Department, located at Winter
Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, until:
September 20, 2024
2:00 p.m., local time
FOR
Central Winds Park Pickleball Sponsorship
Said Proposals shall conform to the minimum requirements outlined in the Request For Proposal. The CITY reserves the
right to reject any and all offers and to waive minor informalities. The City issues this Request for Proposals in order to
select a Proposal for further contract negotiation. Selection by the CITY Commission may not result in the formation of a
contract.
Submission and Receipt of RFP’s:
PROPOSERS shall submit their Proposal response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your
RFP response to this office by the date and time indicated above.
The outside of your package must be clearly labeled with the RFP number, title, opening date and time, and the name
and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier services, receipt by the
post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
Offers received after September 20, 2024 at 2:00 p.m., will be rejected.
Deadline for questions is August 27, 2024 1:00pm local time
Any Addenda will be posted to Demand Star by 2:00pm on August 30, 2024 if questions are received and require
clarification.
If you have any questions regarding this Request for Proposal, please contact Stuart MacLean, Procurement Manager, at
(407) 327-7581, or via email at smaclean@winterspringsfl.org
PROPOSAL AND ADDENDUM DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:
www.demandstar.com
or
https://www.winterspringsfl.org/rfps
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Request for Proposal Table of Contents
PART I SCOPE OF SERVICE/EVALUATION CRITERIA ............................................................................................................... 1
Background .......................................................................................................................................................................... 1
Scope of Service .................................................................................................................................................................. 1
Evaluation Criteria ............................................................................................................................................................... 1
Timeline of Events ............................................................................................................................................................... 2
PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS .................................................................................. 3
Definitions ........................................................................................................................................................................... 3
Preparation of Request for Proposal ................................................................................................................................... 3
Submission and Receipt of Proposals .................................................................................................................................. 4
Selection of Proposal ........................................................................................................................................................... 4
Acceptance of Offer............................................................................................................................................................. 4
Notice of Award ................................................................................................................................................................... 5
Discrepancies, Errors, and Omissions .................................................................................................................................. 5
Right to Reject Proposals ..................................................................................................................................................... 5
Conflict of Interest ............................................................................................................................................................... 5
Public Entity Crimes ............................................................................................................................................................. 5
Default of Contract .............................................................................................................................................................. 6
Modification for Changes .................................................................................................................................................... 6
Order of Precedence ........................................................................................................................................................... 6
Examination of Records ....................................................................................................................................................... 6
Proposals Received .............................................................................................................................................................. 6
Lobbying/Cone of Silence .................................................................................................................................................... 6
Indemnification and Hold Harmless .................................................................................................................................... 7
Disqualification of Proposer ................................................................................................................................................ 7
Applicable Law and Venue .................................................................................................................................................. 7
Sovereign Immunity ............................................................................................................................................................ 7
Proposal Disclosure; Public Records Responsibilities .......................................................................................................... 8
Attorney Fees ...................................................................................................................................................................... 8
E-Verify ................................................................................................................................................................................ 9
Additional Information ........................................................................................................................................................ 9
Modification and Withdraw ................................................................................................................................................ 9
Prohibition on Gifts to City Employees and Officials ........................................................................................................... 9
Discrimination ................................................................................................................................................................... 10
PART III SPECIFIC PROPOSAL REQUIREMENTS ........................................................................................................... 11
Format ............................................................................................................................................................................... 11
Section A – Proposer Information and Acknowledgement Form ..................................................................................... 11
Section B – Table of Contents ........................................................................................................................................... 11
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Section C – Introduction Letter ......................................................................................................................................... 11
Section D – Qualifications.................................................................................................................................................. 11
Section E - Other Information ........................................................................................................................................... 11
Section F – Cost and Time ................................................................................................................................................. 11
Section G – Mandatory Proposal Forms ............................................................................................................................ 12
Section H – Florida State Corporate Filing......................................................................................................................... 12
Mandatory Proposal Forms .................................................................................................................................................. 13
• Proposer Information and Acknowledgement
• Insurance Requirements
• Scrutinized Company Certification
• Non-Collusions Affidavit
• Public Entity Crimes Statement
• Debarment, Suspension etc. Certification
• Conflict of Interest Statement
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PART I
SCOPE OF SERVICE/EVALUATION CRITERIA/TIMELINE
FOR
RFP 08-24-04 LH
Central Winds Park Pickleball Sponsorship
Background
The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford
Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles. The
CITY recently opened a championship caliber Pickleball complex in its Central Winds Park, which will be utilized for
recreational, league and tournament play by any interested users. The CITY is now seeking a Sponsor or Sponsors for the
Pickleball facility in order to continue to invest in the evolution of the facility.
Scope of Service
The CITY is seeking a three (3) year sponsorship agreement term with the option to extend for two (2) additional one (1)
year terms upon the mutual agreement of the parties. The sponsorship will be related solely to the Pickleball complex
and does not limit or restrict the CITY from seeking sponsorship of any other areas or activities within the Central Winds
Park. The CITY offers the successful Proposer(s) the following:
• Banners/signage on all fences in and around the Pickleball complex (signage provided by Proposer)
• Logo on and around the Pickleball courts (Logo provided by Proposer)
• Branding on wayfinding signage to the Pickleball complex (signage provided by Proposer)
• Recognition of sponsorship on the CITY website
• A free booth space for Proposer at all tournaments in the Pickleball complex
The CITY estimates the partipation rate in the Pickleball complex will be 54-72,000 people a year. And roughly $50,400
in revenue without tournaments included
Evaluation Criteria
Proposals will be evaluated by the CITY, and the Proposer will be selected based upon, but not limited to, the following
criteria:
a. The background, and experience of the Proposer and its reputation in the general marketplace.
b. Reasonableness/competitiveness of proposed sponsorship and its benefits to the City of Winter Springs. The
CITY reserves the right to negotiate fees and/or benefits with the selected Proposer.
c. Determination that the selected Proposer has no contractual relationship which would result in a conflict of
interest with the CITY.
d. Quality of proposed contract.
Proposals will be evaluated by the CITY, and selection will be based on, but not limited to, the following scoring criteria:
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Criteria: Max
Points:
Experience and Reputation: The Proposer’s comprehension of the needs of the CITY as demonstrated by the
description of its sponsorship program.
Related Experience/Background with sponsoring athletic facilities 35
Reputation of the Proposer in its industry segment 35
Experience Total: 70
Financial: The financial aspects of the Proposal is important to the CITY, however, based on the evaluation of
the other criteria, the City will not necessarily select the highest financial consideration. Financial Total:
30
EXTRA BONUS POINTS: Certified Minority Business Enterprise: (3 Extra Bonus Points if Yes)
The firm is a certified minority business enterprise as defined by the Florida Small and Minority Business
Assistance Act.
3
Total Possible Points 103
Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give
preference based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.
Timeline of Events
Release of RFP August 16, 2024
Deadline to receive questions (electronically) - 1:00pm local time August 27, 2024
Addendum Released by 1:00pm local time August 30, 2024
RFP Submittals Due by 2:00 pm local time September 20, 2024
RFP Opening 2:15pm local time – Immediately following registration of Proposals in the City
Commission Chambers of City Hall
September 20, 2024
Evaluation Committee Meeting/Selection Meeting: 3:00 pm local time
September 27, 2024
Possible Selection Committee Meeting to clarify Proposal(s) or oral presentations TBD
CITY Commission Approval of Selection and Consideration of Contract TBD
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PART II
INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS
FOR
RFP 08-24-04 LH
Central Winds Park Pickleball Sponsorship
Definitions (as used herein)
a. The term "Request for Proposal" means a solicitation of proposals. The acronym "RFP" means Request for
Proposal.
b. The term "Proposal" means the offer of sponsorship by the Proposer.
c. The term " Proposer " means the person, company, or entity making an offer.
d. The term "CITY" means the City of Winter Springs, Florida.
e. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is
the only body that can award Proposals.
f. The term “Evaluation Committee” means a team of CITY staff that will review and rank all Proposals and may
provide a recommendation regarding selection of a Proposer to the CITY Commission.
Preparation of Request for Proposal
a. Proposers are expected to examine the minimum requirements and all special and general conditions. Omission
on the part of the Proposer to make the necessary examinations and investigations, or failure to fulfill every
detail the requirements of the contract document, will not be accepted as a basis for varying the requirements
of the CITY or the compensation to the Proposer. Failure to properly and fully complete the Proposal is at the
Proposer's risk. The Proposer shall sign the Request for Proposal and print or type his/her name, address, and
telephone number on the face page.
b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a
detailed description concerning any point will be regarded as meaning that only the best commercial practices
are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be
made upon the basis of this statement.
c. Proposer should submit their response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of Proposer’s
Proposal to this office by the date and time indicated in Part I Timeline of Events.
The outside of Proposer’s package must be clearly labeled with the RFP number, title, opening date and time and the
name and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier services, receipt
by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
d. The Proposer should retain a copy of all documents for future reference.
e. All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind
the Proposer by his/her signature as indicated by the Florida Department of State, Division of Corporations
(www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. You may use
the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the
corporate signer.
f. Failure to follow the instructions in the Request for Proposal is cause for rejection of your offer.
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Submission and Receipt of Proposals
a. Proposals must be received before the specified time as designated in the RFP Timeline of Events. A list of
Proposers who submitted Proposals will be furnished, upon request, following opening of the Proposals.
b. Proposals shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the RFP
number, and the name and address of the Proposer.
c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being
delivered by the specified time so that a Proposal can be considered.
d. Email and Facsimile (FAX) Proposals will not be considered, however, Proposals may be modified by email and
FAX notice, provided such notices are received prior to the hour and date specified.
e. Late Proposals will be rejected.
f. Proposals having any erasures or corrections must be initialed by the offer or in ink. Proposals shall be signed in
ink. All amounts shall be typewritten or completed in ink.
g. All Mandatory Proposal Forms must be completed and attached to the Proposal.
h. All costs of Proposal preparation, inspection of the RFP documents, and presentation of the Proposal shall be
solely borne by the Proposer. The CITY shall not be liable for any cost incurred by the Proposer during the
preparation and submission of its Proposal in response to this RFP.
Selection of Proposal
SELECTION OF THE PROPOSER AND PROPOSAL DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE
BEST INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND
ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED
UNTIL FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC
CONTRACT TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations
may be terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY
Manager OR CITY Commission determines that the negotiation of terms acceptable to the CITY will not be successful.
Only the CITY Commission can select Proposals, authorize the CITY Manager to engage in negotiations, and ultimately
enter into a contract.
The RFP Evaluation Committee scores Proposals and provides a recommendation for selection. The recommendation
may be adopted by the CITY Commission.
After the initial Evaluation Committee meeting, the Evaluation Committee may require one or more of the top-ranking
Proposers to attend a meeting to make an oral presentation, answer questions. This meeting will be exempt from the
requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. Proposer(s) will be notified of
any further meeting requirements.
Acceptance of Offer
The signed Proposal shall be considered an offer on the part of the Proposer; however, such offer shall be deemed
accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another
contractual document deemed acceptable to the CITY.
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The contract will be awarded to the most responsible and responsive, qualified Proposer(s) whose Proposal is deemed
the most advantageous and in the best interests of the CITY in accordance with the criteria set forth in this RFP.
The CITY reserves the right to accept or reject any and all Proposals or parts of Proposals, waive minor informalities, and
to request clarification of information from any Proposer.
Notice of Award
Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Proposer that its Proposal has
been accepted, the successful Proposer shall execute the Agreement. Failure to execute the Agreement within ten (10)
calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out of the CITY's
acceptance of the Proposal as abandoned. The CITY shall be entitled to such other rights as may be granted by law.
Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the Request for Proposals or addenda (if any) should be reported in writing
to the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the
Request for Proposals and will become part of the Service Agreement (contract documents). The CITY will not be
responsible for any oral instructions, clarifications, or other communications.
Right to Reject Proposals
The CITY reserves the right to reject any or all Proposals, and to disregard typographical, mathematical, or obvious
errors. The CITY will not pay costs incurred by any Proposer in the preparation of Proposals.
Conflict of Interest
Proposer acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112,
Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.
The Proposer certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the
City of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly
or indirectly, in providing the goods or services specified in this Proposal. Financial interest includes ownership of more
than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or
agent of the business submitting the Proposal or of any subcontractor or supplier thereof providing goods or services in
excess of ten percent (10%) of the total Proposal amount.
Additionally, the Proposer, on company letterhead, must divulge at the time of Proposal submittal, any relative, other
than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a
financial interest, as defined herein, in providing the goods or services specified in the Proposal. The CITY, at its sole
discretion, will determine whether a conflict exists and whether to accept or reject the Proposal.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 287.017, for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list.
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Default of Contract
In case of default by the Proposer, the CITY may seek alternate sponsorship from other sources and hold the Proposer
responsible for any excess costs occasioned or incurred thereby.
Modification for Changes
No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the
CITY unless made in writing by the City of Winter Springs.
Order of Precedence
In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence
in the following order: (a) Instructions to Proposers and General Provisions; and (b) the minimum requirements.
Examination of Records
The Proposer shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to
include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria
or standards by which findings or data are measured. Said records and documentation shall be retained by the Proposer
for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is
initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise
concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such
records and documentation during the record retention period stated above; provided, however, such activity shall be
conducted only during normal business hours and shall be at CITY expense. Proposers shall be authorized to retain
microfilm copies in lieu of original records if they so desire.
Any subcontractor(s) employed by a Proposer who is subject to these requirements and the Proposer itself are required
to so notify any such subcontractor(s).
Proposals Received
All Proposals received in response to this RFP become the property of the CITY.
Lobbying/Cone of Silence
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate,
corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member,
the CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the
Evaluation Committee concerning an active solicitation during the black-out period. A lobbying black-out period
commences upon the issuance of this solicitation document.
If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a
Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting
Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying
Black-out Period will be reinstated until such time as the CITY Commission meets to consider the item for action.
Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives
shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department,
Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during
the Lobbying/Cone of Silence Black-out Period.
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Indemnification and Hold Harmless.
For all activities and services permitted and occurring under this Agreement, including any and all activities and services
provided and performed by Proposer, Proposer agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly
arises out of, or results from any act or failure to act of Proposer or any person authorized by Proposer to participate in
the sponsorship which in any way is related to Proposer's obligations under this Agreement, and/or the services and
activities provided and performed by Proposer under this Agreement.
The indemnification provided above shall obligate Proposer to defend at its own expense or to provide for such
defense, at the option of the CITY, as the case may be, of any and all claims and liability and all suits and actions of
every name and description that may be brought against the CITY or its employees, officers, and attorneys which
may arise or result from this Agreement. In all events the CITY shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification provided
herein. This section shall survive termination of this Agreement.
Disqualification of Proposer
Any or all Proposals will be rejected if there is any reason for believing that collusion exists among the Proposers, and
participants in such collusion will not be considered in future Proposals for the same work.
Applicable Law and Venue
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida
without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits
itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth
Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and
exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court
action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a
defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the
jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding
by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or
that this Agreement or the subject matter hereof may not be enforced in or by such courts.
Sovereign Immunity.
The CITY intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common
law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28, Florida
Statutes, or other limitations imposed on the CITY's potential liability under state or federal law. Proposer agrees that
CITY shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,
CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand
dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or
judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds
three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third
party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity
or by operation of law. This paragraph shall survive termination of this Agreement.
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Proposal Disclosure; Public Records Responsibilities
Florida law provides that municipal records shall, at all times, be open for personal inspection by any person.
Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law,
information and materials received by the CITY in connection with an RFP response and under any awarded contract
shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption
time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are
statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Proposer
believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets
as defined by Florida law, the Proposer must, in its response, specifically identify the material which is deemed to be
exempt and cite the legal authority for the exemption; otherwise, the CITY will treat all materials received as public
records.
Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Proposer R on behalf of the CITY, Proposer
shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”),
required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian
of public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida
Statutes, 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 for the duration of the term
of this Agreement and following completion or termination of this Agreement, if Proposer does not transfer the records
to the CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its
sole and absolute discretion, requests that all Public Records in possession of Proposer be transferred to the CITY,
Proposer shall transfer, at no cost, to the CITY, all Public Records in possession of Proposer within thirty (30) days of such
request or (ii) if no such request is made by the CITY, Proposer shall keep and maintain the Public Records required by
the CITY to perform the work contemplated by this Agreement. If Proposer transfers all Public Records to the CITY
pursuant to (d)(i) above, Proposer shall destroy any duplicate Public Records that are exempt or confidential and exempt
from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and
provide the CITY with written confirmation that such records have been destroyed within thirty (30) days of transferring
the Public Records. If Proposer keeps and maintains Public Records pursuant to (d)(ii) above, Proposer shall meet all
applicable requirements for retaining Public Records. All Public 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 of the CITY. If Proposer does not comply with a Public Records request, or does not comply with a Public
Records request within a reasonable amount of time, the CITY may pursue any and all remedies available in law or
equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in
which Proposer is acting on behalf of the CITY.
IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org
Attorney Fees
In the event of legal action or other proceeding arising under this RFP, the prevailing party shall be entitled to recover
from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution
or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the
trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be
entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees
and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The
reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable
statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and
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delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court
reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or
guideline.
E-Verify
Proposer shall certify that all of its employees, agents and all subcontractors performing work under this Agreement are
legally permitted to work in the United States and will use the E-Verify system for any employees they may hire during
the term of the Agreement.
Proposer shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Proposer shall provide a copy
of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement.
Additional Information
Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual
listed on the RFP cover letter.
Modification and Withdraw
Proposals may not be modified after submittal. Proposals may be withdrawn at any time prior to the deadline.
Withdrawal requests shall be made in writing and must be received by the CITY’s Procurement Manager before the time
and date stated or as amended for the Proposal Opening. Properly withdrawn Proposals will be returned unopened to
the PROPOSER submitting the Proposal.
A Proposer who timely withdraws his Proposal may submit a new Proposal in the same manner as specified herein
under “Submission of Proposal.” A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such
on the outside of the envelope and on the Bid Form.
If a Contract is not awarded within 90 calendar days after opening of Proposals, a Proposer may file a written request
with the CITY’s Procurement Manager for the withdrawal of its Proposal.
Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics
Ordinance, and CITY Administrative Policy.
Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a
specified period of time;
b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of
time, including but not limited to: submitting bid/Proposals, RFP, and/or quotes; and,
c. Immediate termination of any contract held by the individual and/or firm for cause.
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Discrimination
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, Proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, Proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit bids, Proposals, or replies
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.
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PART III
SPECIFIC PROPOSAL REQUIREMENTS
FOR
RFP 08-24-04 LH
Central Winds Park Pickleball Sponsorship
Format
To assure consistency, Proposals must conform to the following format:
A. PROPOSER Information and Acknowledgement Form
B. Table of Contents
C. Introduction Letter
D. Background and Qualifications
E. Other Information
F. Financial Arrangements
G. Mandatory Proposal Forms
H. Florida State Corporate Filing
Section A – Proposer Information and Acknowledgement Form
1. Use the form provided in the Mandatory Proposal Forms titled “PROPOSER INFORMATION AND ACKNOWLEDGEMENT
FORM.” (See Proposal Form 1)
Section B – Table of Contents
1. Identify Proposal material by section and page number.
Section C – Introduction Letter
1. Summarize the key points of the Proposal including an understanding of the scope of work. Must be signed by an
authorized official of the Proposer.
Section D – Background and Qualifications
1. General – Provide general information about the Proposer, including key industries in which it operates and prior support
of athletic or similar facilities
2. Conclusion – Briefly summarize why Proposer should be selected, including why Proposer is interested in supporting the
City of Winter Springs. In short, summarize what makes Proposer different and why the CITY should select Proposer above
any and all others.
Section E - Other Information
This section should address any other information necessary for a full understanding of Proposer’s services. Please provide relevant
information on any additional services offered by Proposer.
Section F – Financial Arrangements
This section must clearly state the level of sponsorship and the expectations of the CITY by the Proposer
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Section G – Mandatory Proposal Forms
1. Fill out and return the forms provided; Proposer Information and Acknowledgement, Insurance Requirement Form,
Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Public Entity Crimes Statement,
Debarment, Suspension etc. Certification, Conflict of Interest Statement
Section H – Florida State Corporate Filing
1. All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind the
Proposer by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org).
Proof of corporate signer must be included with the submittal with the Proposal. Use Sunbiz website screen shot or include
a copy of Corporate Resolution or a Power of Attorney.
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RFP # 08-24-04 LH MANDATORY FORM
MANDATORY PROPOSAL FORMS
Proposal Form 1 - Proposer Information and Acknowledgement Form
Proposal Form 2 - Insurance Requirements Form
Proposal Form 3 - Scrutinized Company Certification
Proposal Form 4 – Non-Collusion Affidavit
Proposal Form 5 - Public Entity Crimes Statement
Proposal Form 6 - Debarment, Suspension etc. Certification
Proposal Form 7 - Conflict of Interest Statement
Mandatory forms must be submitted with the Proposal.
Failure to submit forms may disqualify the Proposer from the RFP
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PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM
FOR
RFP 08-24-04 LH
Central Winds Park Pickleball Sponsorship
The undersigned Proposer does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the
minimum requirements/evaluation criteria shown by the Request for Proposal to be delivered to the specified site for the price
indicated
THE PROPOSER IS RESPONSIBILE TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE,
DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not submitted,
PROPOSER will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of
Attorney.
PROPOSER NAME:
TAX ID# SNN or EIN:
PROPOSER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A. Acknowledges receipt of:
1. RFP # 08-24-04 LH Pertaining To: Central Winds Park Pickleball Sponsorship
2. Addenda:
Number: _________, Dated _________________.
Number: _________, Dated _________________.
B. Has examined the site and all RFP Documents and understands that in submitting its Proposal, they waive all right to plead
any misunderstanding regarding the same.
C. Agrees:
1. To hold this Proposal open for 90 calendar days after the bid opening date.
2. To furnish the services specified in this RFP at the prices quoted in Proposal and in compliance with the RFP
Documents.
3. To accept the provisions of the Instructions to PROPOSERS.
4. To negotiate a contract with the CITY incorporating the Proposal prices, if selected on the basis of this Proposal.
5. To accomplish the work in accordance with the contract documents.
D. Certifies:
1. That all information contained in this Proposal is truthful to the best of my knowledge and belief.
2. That I am duly authorized to submit this Proposal on behalf of the Proposer and that the Proposer is ready, willing,
and able to perform if awarded the Proposal.
Stipulated Amount
A. Submit on Cost Proposal Worksheet, Appendix A.
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INSURANCE REQUIREMENTS FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Proposer shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The
same Proposer shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned Proposer agrees to obtain, prior to award, if selected, insurance as stated above.
Proposer
Authorized Signature
Officer Title
Date
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SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a Proposal
for, or enter into or renew a contract with the CITY for goods or services of:
a. Any amount if, at the time of submitting a Proposal for, or entering into or renewing such contract, the Proposer
is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a
boycott of Israel; or
b. One million dollars or more if, at the time of bidding on, submitting a Proposal for, or entering into or renewing
such contract, the Proposer:
Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Terrorism Sectors List, created pursuant to s. 215.473; or
Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with
any scrutinized company referred to above. The Proposer must submit this required certification form attesting that it is
not a scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a. The Proposer is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
e. Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business
operations in Iran.
The CITY shall provide notice, in writing, to the Proposer of any determination concerning a false certification.
a. The Proposer shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the Proposer shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error.
c. If the Proposer does not demonstrate that the CITY’s determination of false certification was made in error then
the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,
Florida Statutes.
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THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS
FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this
solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations
in Cuba or Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its
company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
SIGNED __________________________________ TITLE _____________________________________
STATE OF _________________________________
COUNTY OF _______________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization,
this ______ day of __________, 2024 by _____________________ the _________________ of
___________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
_________________________________________________________________
Notary Public
Print Name:
_______________________________________________________
My Commission Expires:
_____________________________________________
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NON-COLLUSION AFFIDAVIT of PRIME PROPOSER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title Proposer
The Proposer that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent
circumstances respecting such solicitation.
(3) Such Proposal is genuine and is not a collusive or sham solicitation.
(4) Neither the Proposer nor any of its officers, partners, owners, agent representatives, employees or parties in
interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other
Proposer, firm or person, to submit a collusive or sham response in connection with the RFP for which the attached
Proposal has been submitted or to refrain from proposing in connection with such RFP, or has in any manner, directly
or indirectly, sought by Agreement or collusion or communication or conference with any other Proposer, firm or
person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost
element of the proposed price or the proposed price of any other Proposer, or to secure through any collusion,
conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person
interested in the proposed Agreement.
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,
conspiracy, or unlawful Agreement on the part of the Proposer or any of its agents, representatives, owners,
employees, or parties of interest, including affiant.
(Signed) (Title)
STATE OF _______________________________________
COUNTY OF _____________________________________
The foregoing instrument was acknowledged before me this ____________________by _________________________,
who is (___) personally known to me or (___) who has produced _______________________________ as identification
and who (did / did not) take an oath.
________________________________________ (Signature of Notary Public)
________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
________________________________________ (Commission Number)
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RFP # 08-24-04 LH MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submitted with Proposal for RFP 08-24-04 LH CWP Pickleball Sponsorship.
2. This sworn statement is submitted by (Proposer) ___________________________ whose business address is
_____________________________________ and (if applicable) Federal Employer Identification Number (FEIN)
is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your
Social Security Number: ___________.
3. My name is ____________________ and my relationship to the Proposer named above is _____________________.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an
agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for
goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States
and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt
or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating
to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
• A predecessor or successor of a person convicted of a public entity crime; or
• An entity under the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida
ownership by one of shares constituting a controlling income among persons when not for fair interest in another person,
or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a
prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime,
in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of
a public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer
of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in
public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with,
the Department of General Services.)
___________________________________________________________
Signature Date:
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RFP # 08-24-04 LH MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT cont.
STATE OF __________________________________
COUNTY OF ________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ______ day of ________________, 2024, and is personally known to me,
or has provided ____________________________ as identification.
____________________________________________ My Commission expires: ________________
Notary Public
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DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS
Certification A - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief that its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal debarment or agency;
Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false
statements, or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and
Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation of this proposal.
Instructions for Certification (A)
By signing and submitting this Bid, the prospective primary participant is providing the certification set out below;
The inability of a person to provide the certification required below will not necessarily result in denial of participation in
this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the
certification set out below.
The certification or explanation will be considered in connection with the department or agency’s determination
whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification
or any explanation shall disqualify such person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed when the department
or agency determined to enter into this transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
The prospective primary participant shall provide immediate written notice to the department or agency to which this
proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
a) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this proposal
is being submitted for assistance in obtaining a copy of these regulations.
b) The prospective primary participant agrees by submitting this proposal that, should the proposed
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covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency entering into this
transaction.
c) The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion –
Lower Tier Covered Transaction,” provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
d) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines this eligibility of its principals. Each participant may, but is not
required to, check the Non- procurement List.
e) Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
f) Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency may terminate this transaction for
cause of default.
Certification B - Lower Tier Covered Transactions
a. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
b. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification (B)
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to the person
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to whom this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
c. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections
of rules implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of these regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered
transactions and in all solicitation for lower tier covered transactions.
f. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principles. Each participant may but is not required to, check the Non-
procurement List.
g. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
h. Except for transactions authorized under paragraph (5) of these instructions, if a participant
in a lower covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available remedies including suspension
and/or debarment.
Proposer: Date:
Signature of Authorized Certifying Official: Title:
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CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Proposal for RFP 08-24-04 LH Central Winds Park Pickleball Sponsorship.
This sworn statement is submitted by (Proposer) ___________________________________ whose business address is
__________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to the entity named above is__________________.
1. The above-named Proposer is submitting a Proposal for the City of Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named
Proposer has no financial interest in other entities submitting Proposals for the same project.
4. Neither the Affiant nor the above- named Proposer has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the Proposer’s submittal for the above Proposal. This statement restricts the discussion of
pricing data until the completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the Proposer not its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the Proposer nor its affiliates, nor anyone associated with them have any potential conflict of interest
due to any other clients, contracts, or property interests for this project.
7. I certify that no member of the Proposer’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that, should the Proposer be awarded a contract after successful negotiation, the execution and
approval of such contract by the City of Winter Springs City Commission shall not create a conflict of interest
under Chapter 112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the
Proposer’s ownership or management is a spouse, child or “relative” as defined in Section 112.3142, Florida
Statutes, of a current City Commission member.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
Proposer, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ____________________________
COUNTY OF __________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ______ day of ________________, 2024, and is personally known to me,
or has provided ______________________ as identification.
________________________________________ My Commission expires: ____________________
Notary Signature
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