Amendment No. 5 to the Agreement with A National Salute to America's Heroes, LLC 'Gs° Zoe k -31 (013
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AMENDMENT NO. 5 TO THE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
A NATIONAL SALUTE TO AMERICA'S HEROES, LLC
This Amendment No. 5 ("Amendment") to the Agreement dated February 1. 2016, by and
between the City of Miami Beach, Florida ("City")and A National Salute to America's heroes, LLC,
a Florida limited liability company (the "Applicant" or "Producer"), is entered into this day of
aY
, 2021
RECITALS
WHEREAS, on or about February 1, 2016, the City and the Producer, a for-profit entity of
the State of Florida, executed an Agreement with respect to the production of an annual Air & Sea
show event (each, an Event" or "Annual Show"), and
WHEREAS, Amendment No. 1 to the Agreement was approved by the Mayor and City
Commission on April 26, 2017, via Resolution No. 2017-29848, and provided for the waiver of
special event permit fees for the 2017 Annual Show; and
WHEREAS, Amendment No 2 to the Agreement was approved by the Mayor and City
Commission on October 18, 2017, and delineated the terms of an expanded Annual Show for the
2018 Event activation; and
WHEREAS, Amendment No. 3 to the Agreement, entered into on March 29, 2018; set forth
the terms for a concert to take place during the 2018 Annual Show: and
WHEREAS, on July 2, 2018, the Mayor and the City Commission directed the Administration
to negotiate revisions to the Agreement for the 2019 Annual Show activation, and further specified
that no City funding would be provided for any concert that may be produced in conjunction with the
Annual Show, if any; and
WHEREAS, on September 21, 2018, the Mayor and City Commission adopted Resolution
No. 2018-30509, approving the terms and conditions for the activation and City sponsorship of the
2019 Annual Show, which took place May 25-26, 2019, including the City's payment of a maximum
not to exceed amount of $350,000 for Event-related Public Services, as well as a City waiver of
special event permit fees estimated to total $154,062, which was memorialized in Amendment No.
4 to the Agreement; and
WHEREAS, due to the COVID-19 pandemic, on or about April 6, 2020, in consultation with
the Producer. the City exercised the force majeure provision of the Agreement, and cancelled the
2020 Annual Show; and
WHEREAS, on April 22, 2020, the Mayor and City Commission adopted Resolution No.
2020-31231, approving Amendment No. 5 to the Agreement; said Amendment approving a three
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(3) year extension of the Agreement, and specifying the terms and conditions for the activation for
the 2021-2023 Annual Shows, including the City's payment of a maximum contribution of$350,000
for Event-related public services for each Annual Show; and
WHEREAS., on April 21, 2021, the Mayor and City Commission adopted Resolution No
2021-316 (April
ozrizing the amendment to the Agreement, adding the 2024 Annual Show,on
the same terms and conditions as applicable to the 2021-2023 Annual Shows. to take place during
Memorial Day weekend of each year, thereby extending the term of the Agreement accordingly.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein,and other good and valuable consideration,the sufficiency of which is hereby acknowledged.
the City and Producer hereby agree to this Amendment, as follows.
I. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
II. MODIFICATIONS.
A. The final Public Safety Plan for the 2021 Annual Show shall be agreed upon by the
parties and memorialized as a separate Exhibit"B" to the Agreement.
B. The Event Site Plan for the 2021-2024 Annual Shows shall be agreed upon by the
parties and memorialized by separate Exhibit"D"to the Agreement.
C. The City's Special Event Rules and Regulations, as referenced in Subsection 4(f)of
the Agreement are hereby attached hereto as Exhibit"E".
D. The Scope of Services for the 2021-2024 Annual Shows is attached hereto as Exhibit
."F,
E. The COVID-19 Plan for the 2021-2024 Annual Shows is attached hereto as Exhibit
F. Section 17 of the Agreement(REIMBURSEMENT OF EXPENSES)is hereby deleted
In its entirety as the reimbursement of expenses is addressed in the Scope of Services attached
hereto as Exhibit "F'.
G. Subsections(a)and(b)of Section 18(BOND)are hereby deleted in their entirety and
replaced with the following.
18. Bond:
a Producer agrees to secure a bond in an amount equal to Twenty Thousand and
00/100 Dollars ($20,000.00). The City reserves the right to approve the bonding
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company or institution issuing the bond, and the instrument shall be kept in full
force and effect for the Term of the Agreement.
b. No later than thirty(30) days prior to the date of permission from the City to first
use the Event Site, Producer shall provide the City with a valid payment bond in
the amount specified above. The bond shall be written by a corporate surety
company holding a Certificate of Authority from the Secretary of Treasury of the
United States, executed and issued by a resident agent licensed by and having
an office in the State of Florida, representing such corporate surety,providing that
if Producer fails to duly pay for any labor, materials, or other supplies used by
Producer, the surety will pay the same in the amount not exceeding the sum
provided in such bond. Producer shall also have the option to escrow the funds
in an amount equal to Twenty Thousand and 00/100 Dollars ($20,000.00)
("Obligated Amount") in which case a bond would not be required by the City.
The Obligated Amount shall be placed into the City to be held in escrow under
the terms and conditions hereinafter set forth ("Escrow Deposit").
G. The first sentence of Section 20(TERM AND TERMINATION)and Subsection (a)therein
is hereby deleted in its entirety and replaced as follows:
20. TERM AND TERMINATION: The City hereby grants to the Producer the exclusive
right and privilege to conduct the Air and Sea Show annually, during the Memorial Day
weekend, for the years 2016 —2024, subject to the following conditions
a. Prior to the September 15' of each year preceding the next Annual Show, the City
Commission, at its sole and absolute discretion, may terminate this Agreement for its
convenience upon written notice to the Producer. The only method for any such
cancellation of the Agreement for the City's convenience snail be by motion
approved by the City Commission. prior to the September 15th of each year
preceding the next Annual Show. The Producer shall be given fourteen (14) days
advance notice (via email to mickeyc mdmgroup.com) of the City Commission
meeting at which such cancellation shall be determined. If City elects to terminate this
Agreement for its convenience prior to the expiration of the Term, the City shall not
produce or permit another Air & Sea Show on the City's beach for two (2) calendar
years after the last Event is produced by the Producer.
H. A new Section 28 (PRODUCER'S COMPLIANCE WITH FLORIDA PUBLIC
RECORDS LAW) is hereby added to the Agreement as follows:
28. PRODUCER'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
a. Producer shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
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b. The term 'public records" shall have the meaning set forth in Section 119.011(12),
which means all documents,papers, letters, maps, books,tapes, photographs,films,
sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant
to law or ordinance or in connection with the transaction of official business of the
City.
c. Pursuant to Section 119.0701 of the Florida Statutes, if Producer meets the definition
of''Contractor" as defined in Section 119.0701(1)(a), Producer shall:
1. Keep and maintain public records required by the City to perform the service;
2. Upon request from the City's custodian of public records,provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
3 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 contract term and following
completion of the Agreement if Producer does not transfer the records to the
City;
4. Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of Producer or keep and maintain public records
required by the City to perform the service. If Producer transfers all public
records to the City upon completion of the Agreement, Producer shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If Producer keeps and maintains
public records upon completion of the Agreement. Producer shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
d. Request for Records; Noncompliance.
1. A request to inspect or copy public records relating to the Citys contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify Producer of the request,
and Producer must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
2. Producer's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (i)
unilaterally terminate the Agreement, following written notice to Producer,
pursuant to the notice provisions of the Agreement, and Producer failing to
comply with the Public Records Request within eight (8) business days: (ii)
avail itself of the remedies set forth under the Agreement; and/or (iii) avail
itself of any available remedies at law or in equity.
3. If Producer fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
e. Civil Action.
1. If a civil action is filed against a Producer to compel production of public
records relating to the City's contract for services, the court shall assess and
award against Producer the reasonable costs of enforcement, including
reasonable attorneys' fees, if
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ji) The court determines that Producer unlawfully refused to comply with the
public records request within a reasonable time, and
jii) At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that
Producer has not complied with the request, to the City and to Producer
2 A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian
of public records and to Producer at Producer's address listed on its contract
with the City or to Producers registered agent. Such notices must be sent by
common carrier delivery service or by registered, Producer Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format
3 If Producer complies with a public records request within 8 business days
after the notice is sent, Producer shall not be liable for the reasonable costs
of enforcement
° IF PRODUCER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
PRODUCER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
A new Section 29 (PROHIBITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES, SINGLE USE PLASTIC BEVERAGE STRAWS,
AND SINGLE-USE PLASTIC STIRRERS PRODUCERS COMPLIANCE WITH FLORIDA PUBLIC
RECORDS LAW) is hereby added to the Agreement as follows
29. PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES, SINGLE USE PLASTIC BEVERAGE STRAWS, AND SINGLE-USE
PLASTIC STIRRERS
a Producer hereby agrees and acknowledges that,pursuant to Section 82-7 of the City
Code, as may be amended from time to time, Producer shall not sell, use, provide
food in, or offer the use of expanded polystyrene food service articles (as defined in
City Code Section 82-7) in City facilities or on City property, in connection with any
services performed pursuant to this Agreement. A violation of this section shall be
deemed a default under the terms of this Agreement Notwithstanding the above, this
section shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed prior to receipt by Producer
b Additionally, Producer agrees and acknowledges that, pursuant to Section 82-8 of
the City Code, as may be amended from time to time, Producer shall not sell, use,
provide food in, or offer the use of single-use plastic beverage straws or single-use
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plastic stirrers (as defined in City Code Section 82-8) in City facilities or on City
property, in connection with any services performed pursuant to this Agreement. A
violation of this section shall be deemed a default under the terms of this Agreement.
Notwithstanding the above, the requirements of Section 82-8 shall not restrict
Producer from providing a beverage with, or offering the use of, a single-use plastic
beverage straw or single-use plastic stirrer to an individual with a disability or medical
condition that impairs the consumption of beverages without a single-use plastic
beverage straw or single-use plastic stirrer.
c Additionally, Producer agrees to comply with Section 46-92(c)of the City Code,which
provides that it is unlawful for any person to carry any expanded polystyrene product,
single-use plastic beverage straw,or single-use plastic stirrer onto any beach or park
within the City, or onto any city marina, pier, dock, or boat ramp. It is also unlawful
for any business to provide single-use plastic beverage straws or single-use plastic
stirrers with the service or delivery of any beverage to patrons on any beach within
the City. Notwithstanding the above, the provisions in Section 46-92(c) that pertain
to single-use plastic beverage straws and single-use plastic stirrers shall not apply to
a person or patron with a disability or medical condition that impairs the consumption
of beverages without a single-use plastic beverage straw or single-use plastic stirrer.
d As additional consideration for this Agreement, independent of the requirements set
forth in Sections 82-7, 82-8 and 46-92(c)of the City Code, Producer agrees to:
1. not sell, use, provide food in,or offer the use of expanded polystyrene food
service articles in any Facility. A violation of this section shall be deemed a
default under the terms of this Agreement. Notwithstanding the above, this
section shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed prior to receipt by
Producer; and
2 not sell, use, provide food in, or offer the use of single-use plastic beverage
straws or single-use plastic stirrers in any Facility. A violation of this section
shall be deemed a default under the terms of this Agreement. Notwithstanding
the above, Producer shall be permitted to provide a beverage with,or offering
the use of, a single-use plastic beverage straw or single-use plastic stirrer to
an individual with a disability or medical condition that impairs the
consumption of beverages without a single-use plastic beverage straw or
single-use plastic stirrer; and
3 not carry any expanded polystyrene product, single-use plastic beverage
straw, or single-use plastic stirrer onto any beach or park within the City or
onto any city marina, pier, dock, or boat ramp
J. A new Section 30 (NO DISCRIMINATION) is hereby added to the Agreement as
follows:
30 NO DISCRIMINATION.
a In connection with the performance of the Services, Producer shall not exclude from
participation in, deny the benefits of, or subiect to discrimination anyone on the
grounds of race, color, national origin, sex, age, disability, religion, income or family
status.
b. Additionally, Producer shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time
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to time,prohibiting discrimination in employment, housing, public accommodations,
and public services on account of actual or perceived race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial
status, age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation,or political affiliation.
K. A new Section 31 (AUDIT AND INSPECTIONS) is hereby added to the Agreement
as follows
31. AUDIT AND INSPECTIONS:
Upon reasonable verbal or written notice to Producer, and at any time dunnq normal business
hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary,,
there shall be made available to the City Manager, and/or such representatives as the City
Manager may deem to act on the City's behalf, to audit, examine, and/or inspect (but not copy),
any and all other documents and/or records relating to all matters covered by this Agreement.
Producer shall maintain any and all such records at its place of business at the address set forth
in the "Notices" section of this Agreement. The rights set forth herein shall be limited to inspection
and audit only, to permit the Producer to maintain the confidentiality of its trade secret information
f including business plans and confidential financial records). Trade secret information of the
Producer shall be maintained in confidence by the City.
L. A new Section 32(INSPECTOR GENERAL AUDIT RIGHTS NO DISCRIMINATION)
is hereby added to the Agreement as follows
32. INSPECTOR GENERAL AUDIT RIGHTS
a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct
from any other audit performed by or on behalf of the City.
b. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past,present and proposed City programs,accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and
monitor City protects and programs. Monitoring of an existing City project or program
may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations,activities,performance and procurement process including but not limited
to protect design, bid specifications, (bid proposaf) submittals, activities of the
Producer, its officers,agents and employees, lobbyists,City staff and elected officials
to ensure compliance with the contract documents and to detect fraud and
corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a
percentage of its overall annual contract expenditures to fund the activities and
operations of the Office of Inspector General.
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c Upon ten (10) days written notice to the Producer, the Producer shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities,performance and procurement process including but
not limited to project design, bid specifications, (bid/proposal)submittals, activities of
the Producer its officers, agents and employees, lobbyists. City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and
corruption
d. The Inspector General shall have the right to inspect and copy all documents and
records in the Producer's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files, worksheets, proposals
and agreements from and with successful subcontractors and suppliers, all project-
related correspondence,memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and
supporting documentation for the aforesaid documents and records.
e The Producer shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement,for examination,audit,or reproduction, until three(3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition.
1. If this Agreement is completely or partially terminated, the Producer shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
2. The Producer shall make available records relating to appeals or to litigation
or the settlement of claims arisinq under or relating to this Agreement until
such appeals, litigation, or claims are finally resolved.
f The provisions in this section shall apply to the Producer, its officers, agents,
employees, subcontractors and suppliers The Producer shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Producer in connection with the_performance of this Agreement.
g. Nothing in this section shall impair any independent right to the City to conduct audits
or investigative activities.The provisions of this section are neither intended nor shall
they be construed to impose any liability on the City by the Producer or third parties.
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M. A new Section 33 (E-VERIFY) is hereby added to the Agreement as follows:
33. E-VERIFY:
a. Producer shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute'', as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Producer shall register with
and use the E-Verify system to verify the work authorization status of all newly hired
employees during the Term of the Agreement. Additionally, Producer shalt expressly
require any subcontractor performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract Term. If Producer enters into a contract with an
approved subcontractor, the subcontractor must provide the Producer with an
affidavit stating that the subcontractor does not employ, contract with,or subcontract
with an unauthorized alien. Producer shall maintain a copy of such affidavit for the
duration of the Agreement or such other extended period as may be required under
this Agreement.
b Termination Rights.
1. If the City has a good faith belief that Producer has knowingly
violated Section 448.09(1), Florida Statutes, the City shall terminate
this Agreement with Producer for cause, and City shall thereafter
have or owe no further obligation or liability to Producer.
2 If the City has a good faith belief that a subcontractor has knowingly
violated Section (al, but the Producer otherwise complied with such
section, the City will promptly notifythe Producer and order the
Producer to immediately terminate the Agreement with the
subcontractor. Producer's failure to terminate a subcontractor shall
be an event of default under this Agreement, entitling City to
terminate the Producer's contract for cause.
3. A contract terminated under the foregoing Subsections (b)(1) or
(b)(2) is not in breach of contract and may not be considered as
such.
4. The City or Producer or a subcontractor may file an action with the
Circuit or County Court to challenge a termination under the
foregoing Subsections (b'(1) or(b)(2)no later than 20 calendar days
after the date on which the contract was terminated.
5. If the City terminates the Agreement with Producer under the
foregoing Subsection(b)(1), Producer may not be awarded a public
contract for at least 1 year after the date of termination of this
Agreement.
6. Producer is liable for any additional costs incurred by the City as a
result of the termination of this Agreement under this Section 33.
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N. A new Section 34(FORCE MAJEURE)is hereby added to the Agreement as follows
34. FORCE MAJEURE:
a. A"Force Majeure" event is an event that(i) in fact causes a delay in the performance
of the Producer or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due
to an intentional act, error, omission, or negligence of such party, and (iv) could not
have reasonably been foreseen and prepared for by such party at any time prior to
the occurrence of the event. Subject to the foregoing criteria, Force Majeure may
include events such as war, civil insurrection, riot, fires, epidemics, pandemics,
terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions,
transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or
other acts of God which prevent performance. Force Majeure shall not include
technological impossibility,inclement weather,or failure to secure any of the required
permits pursuant to the Agreement.
b. If the City or Producer's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
upon leaminq of the occurrence of the event or of the commencement of any such
delay, but in no case within fifteen (15)business days thereof, provide notice of(i) of
the occurrence of event of Force Majeure, (ii)of the nature of the event and the cause
thereof, (iii)of the anticipated impact on the Agreement, (iv)of the anticipated period
of the delay, and (v) of what course of action such party plans to take in order to
mitigate the detrimental effects of the event. The timely delivery of the notice of the
occurrence of a Force Majeure event is a condition precedent to allowance of any
relief pursuant to this section; however, receipt of such notice shall not constitute
acceptance that the event claimed to be a Force Majeure event is in fact Force
Majeure, and the burden of proof of the occurrence of a Force Majeure event shall
be on the requesting party
c. No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part,
by Force Majeure to carry out such obligations. The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no greater
scope and no longer duration than is required. The party shall use its reasonable
best efforts to continue to perform its obligations hereunder to the extent such
obligations are not affected or are only partially affected by the Force Majeure event,
and to correct or cure the event or condition excusing performance and otherwise to
remedy its inability to perform, to the extent its inability to perform is the direct result
of the Force Majeure event, with all reasonable dispatch
d. Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations
and liabilities which matured prior to the occurrence of a Force Majeure event shall
not be subject to the Force Majeure provisions.
e. The period of an Event of Force Majeure, and the suspension of obligations
hereunder, shall extend to and include any period of time required to implement
emerqency preparations in advance of the Event of Force Majeure, the Event of
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Force Majeure itself, and the period of time following the Event of Force Majeure that
may be required to restore the Event Site and/or remediate any delay, damage,
loss. failure or inability to perform as a consequence of the Event of Force
Majeure. Upon removal or cessation of the Event of Force Majeure, the parties'
respective rights and obligations hereunder shall be reinstated; provided, however,
that the declaration and notice of an Event of Force Majeure and subsequent
cessation of the cause of such Event of Force Majeure shall not require the Producer
to move forward with the Annual Show if, in its reasonable belief, it will result in
significantly diminished attendance and/or cancellations or cause Event Producer an
unduly burdensome financial impact.
IV. RATIFICATION.
Except as amended herein,all other terms and conditions of the Agreement shall remain unchanged
and in full force and effect. In the event there is a conflict between the provisions of this Amendment
and the Agreement, the provisions of this Amendment shall govern
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IN WITNESS WHEREOF, the parties hereto nave caused this Amendment to be executed by
their appropriate officials, as of the date first entered above
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST: DocuSigned by:
By
Rafael E.Granado, City Clerk Dan Gelber. Mayor
5/4/2021 I 1:43 PM EDT
Date _ — -
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Cahii 642C
FOR PRODUCER: A NATIONAL SALUTE TO AMERICA'S
HEROES, LLC
ATTEST:
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By1suc`'taAkott
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Mickey Markoff President
Print Name Print Name and Title
4/28/2021 I 3:21 PM PDT
Date
I2
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EXHIBIT E
Special Event Rules and Regulations
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MIAMI BEACH
City of Miami Beach. Ma3m,Beach ;;o,Oa 33I 39 «ww m
C3A€Cihri
TOURISM LOPMENT
SPECIAL EVENTS
REQUIREMENTS AND GUIDELINES
The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors
and residents To mitigate the ever-increasing demands made upon City resources and infrastructure applicants
are required to present proposed special event activities to potentially impacted neighborhood associations and
appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods This
process assists in evaluating and assessing the City s resources both in terms of personnel and use of public
property and right-of-ways to adequately protect the public safety health and welfare of the community
This review may also require a more detailed and coordinated Major Event Plan. especially during holiday or repeat
event periods that have a high Impact on City services The Special Events Ordinance (Chapter 12 Article II
Section 12-5 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended
insofar as possible to mitigate the costs of City services for special events although it is not the intent for the costs
of special events permit fees to be used for revenue generation
The intent of the Special Event Ordinance and Special Event Requirements/Guidelines are
• To ensure the City will have adequate advance notice of a proposed special event and the cooperation of
the organizers to properly plan any necessary City services(security sanitation parking and traffic control)
• To ensure that the City s beaches parks and public rights-of-ways are protected and conserved by limiting
the number and type of events held in these areas and
• To preserve the City s commitment to attract quality events with significant tourism and cultural significance
for the community at-large
This Special Events Requirements and Guidelines package has been designed to help guide applicants through
the process of applying for a special events permit. and to minimize disruption to the impacted surrounding
environment
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TABLE OF CONTENTS
INTRODUCTION Page(s)
Table of Contents
I. PERMITTING PROCESS 4-3
4-
A.TYPES OF PERMITS AND DEADLINES
SPECIAL EVENTS PERMITS 4-9
5
1 PUBLIC PROPERTY(60 DAY'S NOTICE)
2 PRIVATE PROPERTY(30 DAY'S NOTICE)
• CONDITIONAL USES
• NON-CONFORMING USES IN RESIDENTIAL DISTRICTS
3. WEDDINGS, CEREMONIES AND TEAM BUILDING PERMITS
4 RUE VENDOME PERMIT
5. PRODUCT PROMOTIONS/TEMPORARY SAMPLING PERMITS
B. MINIMUM REQUIREMETNS
I APPLICATION FEE
II. PERMIT FEE
III. INSURANCE REQUIREMENTS
IV INDEMNITY AGREEMENT
V SITE PLAN
C. SPECIAL EVENT FEES(EXHIBIT A)
D.INTERNAL REVIEW 9-14
I MAJOR EVENT COMMITTEE
a MAJOR EVENTS PERIODS
b MAJOR EVENTS PLAN(MEP)
II CRITERIA FOR GRANT OF PERMIT
a TYPE OF EVENT
b ECONOMIC IMPACT
c RESIDENT BENEFIT
d. FREQUENTLY USE CHART
e. INFASTRUCUTURE AND SERVICES DEMANDS(QUALITY OF LIFE)
f. CRITERIA FOR APPROVAL OF PERMIT
III.NATURAL DISASTER/WEATHER
E. COMMUNITY REVIEW 14-15
F.COORDIANTION OF CITY SERVICES 15
U. ADHERENCE TO REGULATIONS AND OTHER POLICIES 15-19
A. VEHICLE ACCESS POLICY 16
B. BOOKING POLICY 16-18
I CONSECUTIVE DAY CLAUSE/Limit of permissible events per venue
C. GRANDFATHER CLAUSE 19
D. CONCESSION AGREEMENTS 18
E. USE OF PUBLIC PROPERTY 18
F. EVENT SIGNAGE 19
I SPECIAL EVENT BILLBOARD SIGNS
II STREET BANNERS
III LIGHTPOST BANNERS
G. RESORT TAX 19
H. SPONSORSHIP REQUIREMENTS 19-20
I. RIDES AND AMUSEMENTS
J. BUSINESS IMPROVEMENT DISTRICTS(BID)
K. MARKETS
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III. ENFORCEMENT AND PENALTIES 20-22
IV. CITY OF MIAMI BEACH AGENCIES 22-30
A. BUILDING DEPARTMENT 22-23
I BUILDING PERMITS AND ELECTRICAL PERMITS
II AMERICANS WITH DISABILITIES ACT
B. CODE COMPLIANCE 23-24
I_ FIELD INSPECTOR
II SIGNS, FLYERS AND HANDBILLS
III NOISE ORDINANCE
C. FIRE DEPARTMENT 24-25
OFF DUTY FIRE AND PARAMEDIC SERVICES
II ENCLOSED EVENT SITE AND OCCUPANT LOAD
III FIREWORKS PERMIT
IV OPEN PIT AND BONFIRE PERMIT
D. MIAMI BEACH CONVENTION CENTER 45
E. OCEAN RESCUE 25
F. PARKING DEPARTMENT Y5
G. PARKS&RECREATION DEPARTMENT Y6
A FACILITIES&PERSONNEL
B PARK USER FEES&LINCOLN ROAD USER FEE
H. POLICE DEPARTMENT 26-28
I SECURITY PLAN AND SERVICES
• OVERNIGHT&BACKSTAGE SECURITY
• MARINE PATROL
• POLICE ESCORTS FOR ENTERTAINMENT
II STREET CLOSURES
III BARRICADES&ELECTRONIC SIGNS
IV PARADE REQUIREMENTS
V. BICYCLE EVENT(S)REQUIREMENTS
I DEMONSTRATIONS&FREE SPEECH ACTIVITIES
A. PROPERTY MANAGEMENT 28
B. PUBLIC WORKS DEPARTMENT 28-29
C. SANITATION DEPARTMENT 30
D. TRANSPORTATION DEPARTMENT
VI.OTHER AGENCIES 30-32
A. MIAMI BEACH VCA and CAC 30
B. MIAMI DADE COUNTY 30
• PERMIT FOR TEMPORARY FOOD SALES
• BEACH CLEANING
C. STATE OF FLORIDA 30-31
• DEPARTMENT OF ENVIRONMENTAL PROTECTION
• DIVISION OF STATE LANDS
• FLORIDA MARINE PATROL
• DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
• FLORIDA DEPARTMENT OF TRANSPORTATION
D. FEDERAL GOVERNMENT 31-32
• FEDERAL AVIATION ADMINISTRATION
• COASTGUARD
VI. SPECIAL EVENTS FEE SCHEDULE 33-34
VII. SPECIAL EVENTS FEQUENCY CHART 33-34
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DEFINITION OF A SPECIAL EVENT
A"special event"is generally defined by the City as a special occasion which is temporary in nature_ A
Special Events permit is required for any event taking place in the City of Miami Beach with the following
conditions
a. The event may occur for up to four(4)consecutive days or five(5)non-consecutive days
b. On public or private"commercial" property and/or,
c. Organized and produced by a for-profit or non-profit organization and/or
d. Conducted for the following purposes: profit, fundraising efforts, awareness. entertainment
purposes, or created for public assembly and/or,
e When exceeding temporary occupant load capacity, erecting temporary structures over a certain
threshold, or requiring City services such as(Police, Fire, Parking, etc.) and/or:
f. In conjunction with a Film Permit, contract or lease agreement, and under a conditional use permit
The following event categories include but are not limited to. outdoor concerts art fairs and exhibits,
festivals and craft shows parades athletic events (bicycle/cycling, marathons, triathlons walk.athons,
corporate, community networking, charitable fundraising. educational, political, and religious events, flash
mob.
Applications are processed on a first come, first served basis. unless otherwise provided for under the
booking policy herein (Section H B).
A. TYPES OF PERMITS, DEADLINES AND MINIMUM REQUIREMENTS
All persons or entities interested in conducting a special event must apply online and submit the minimum
requirements as required by the Special Events checklist requirements. Please refer to Appendix A for a
copy of the Special Events fee schedule
SPECIAL EVENTS PERMITS
PUBLIC PROPERTY: - NINETY (90) DAY'S NOTICE
PRIVATE PROPERTY-LARGE EVENTS: SIXTY (60)
PRIVATE PROPERTY-SMALL EVENTSTHIRTY 30 DAY'S NOTICE).
I. SPECIAL EVENT PERMITS ON PUBLIC PROPERTY-NINETY 90 DAY'S NOTICE
Any events taking place on public property, whether produced by a not-profit or for profit entity,
with an exceeding attendance of 150 people or more and requiring City Services(police, fire,
parking, etc.)or building and fire permits, as determined by the Office of Special Events, will
require a Special Event Permit Applications shall be submitted with a minimum of NINETY(90)
days 'prior to the proposed first day of load in for the event.
EXAMPLE
A SPECIAL EVENT HELD ON PUBLIC PROPERTY WOULD NEED NINETY (90) DAYS NOTICE,
IF THE EVENT REQUIRES ANY ONE OR MORE OF THE FOLLOWING-
O REQUIRES Temporary structures
o REQUIRES State of Florida DEP Approvals(Beach Access)
o REQUIRES Community Review
o REQUIRES Building Department Approvals
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o REQUIRES Fire Department(open flame. fireworks)
o REQUIRES Transportation Department Approval (road closures)
o REQUIRES Parking Department Approval(City parking spaces, valet displacement)
o REQUIRES City Services (Police, Fire, Sanitation, Parks&Public Works)
I1. SPECIAL EVENT PERMITS ON PRIVATE PROPERTY—SIXTY 60 OR THIRTY 30 DAY'S NOTICE
Events taking place on private property. whether produced by a not-profit or for profit entity
where such event would be considered a'special event' under the City's Special Events
Ordinance, and requiring City Services(police, fire. parking, etc.)or building and fire permits as
determined by the Office of Special Events, will require a Special Event Permit from the City_
Applications shall be submitted with a minimum of 60-30 days, in order to process prior to the
proposed event, start date or first day of load-in
EXAMPLE
A SPECIAL EVENT HELD ON PRIVATE PROPERTY WOULD NEED SIXTY (60) DAYS NOTICE,
IF THE EVENT REQUIRES ANY ONE OR MORE OF THE FOLLOWING:
o REQUIRES Adjacent Property Sign Off
o REQUIRES Temporary structures
o REQUIRES Building Department Permits
o REQUIRES Fire Department (open flame, fireworks)
o REQUIRES Parking Department(use of City parking spaces)
o REQUIRES Presence of City Services(Police, Fire, Sanitation, Parks& Public Works)
o NO Public Use
A SPECIAL EVENT HELD ON PRIVATE PROPERTY WOULD NEED THIRTY(30) DAYS NOTICE,
IF THE EVENT MEETS THE BELOW REQUIREMENTS:
o REQUIRES Adjacent Property Sign Off
o NO Temporary Structures
c NO Building Department Permits
c NO Fire Department(open flame, fireworks)
o NO Presence of City Services(Police, Fire, Sanitation, Parks & Public Works)
o NO Public Use
It should be noted that events may ONLY obtain Special Event permits on private property,
or in facilities, that have a current Certificate of Occupancy or Temporary Certificate of
Occupancy, as well as a Business Tax Receipt(BTR).
Events or activities that do not require Special Event permits are recurring activities that are
typically not open to the general public and are customary and incidental to a permitted main or
accessory use, whether by paid admission or not
Examples of customary uses for hotel properties include, but are not limited to weddings, Bar
Mitzvah, Bat Mitzvah; anniversaries; baby showers: engagement parties;wedding showers; holiday
events, awards functions; networking events: fundraisers, charity events, incentive group functions
(meetings, etc.): corporate group functions (meetings); convention group functions (meetings),
community based organization meetings, reunions; prom, seminars; sweet sixteen; press
conferences, product announcements. political functions(including kick offs, election night or during
a campaign)
Non-recurring events or activities that have extraordinary or excessive impacts on public health,
safety or welfare, not normally associated in type or quantity with permitted main or accessory uses,
shall require a Special Event permit A Special Event Permit would be required if your event meets
one or more of the following
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• REQUIRES Temporary structures, or
• REQUIRES exceeding the temporary occupant load, or
• REQUIRES Outdoor entertainment/concert performances; or
• REQUIRES Television, entertainment events or casting calls open to the public with public
property impacts
Conditional uses are recurring activities open to the general public, whether by pad admission or
not, identified in the City's Land Development Regulations, and requiring a public hearing (e g ,
Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Hyde
Beach at the SLS Hotel or Delano Beach Club at the Delano Hotel) Conditional Use permits are
issued by the Planning & Zoning Department in accordance with the City's Land Development
Regulations"Land Use Development Committee's" review and approval process
Non-conforming uses in residential districts are prohibited from obtaining Special Event Permits
Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City
Code, Special Event permits will not be issued to non-conforming properties South of Fifth Street,or
in the area generally bounded by Purdy Avenue on the west, 20`'Street on the north,Alton Road on
the east, and Dade Boulevard on the south.
III. WEDDINGS, CEREMONIES AND TEAM BUILDING PERMITS
A Wedding, Ceremony and Team Building Permit allows for a single temporary use of public property
in the City, other than within existing rental areas of the Parks Department. A Wedding Ceremony or
Team Building Permit allows for limited elements ("Elements"), defined as the following chairs (up
to 150). runner,arch/chuppah,flags, banners, and other temporary markers. battery operated stereo.
acoustical performer(s), tables(up to 5) and 10'X10'pop up tents(up to 3) Any additional Elements
or activity exceeding the Guidelines and restrictions(see below), inclusive of an adjacent reception
would require special event permitting, or prior written approval of the City Manager or his/her
designee.
REQUIREMENTS:
1 A completed Wedding, Ceremony and Team Building Permit application. detailing exact location,
date, times, Elements and number of attendees shall be submitted no less than FOURTEEN
(14) days prior to the wedding/ceremony.
2 A site plan of the area and elements,detailing area features and showing measurements of entire
site.
3 A $125.00 Wedding, Ceremony and Team Building Permit fee, payable to The City of Miami
Beach and due before commencement of activity
4. Approved signature survey from any surrounding property owners and all contracted or
concession user(s) if the area requested falls within a contracted or concession use
5. Applicant must provide a Certificate of Insurance. made out to the City of Miami Beach, 1700
Convention Center Drive. Miami Beach. FL 33139 as certificate holder and additional insured If
you do not already have access to a policy, you can request a 1-day certificate of insurance
from"TULIP - Event Insurance"www onebeaconentertainment.com.
RESTRICTIONS:
o A Wedding, Ceremony and Team Building Permit shall accommodate no more than one hundred
and fifty(150) people, inclusive of guests, wedding party, performers. etc
Items not allowed with this permit include catering/food, glassware, tents larger than 10x10,
platforms, risers, trussing, generators, or any other structures that require approvals or permits
from Building Department, Fire Department, Public Works Department, or any other City
Department
All approved elements shall be hand carried or carted to the permitted site Driving on the beach
and in other unauthorized areas is not allowed at any time, under any conditions with this permit
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When setting up, permittee must leave a 25ft. emergency access lane on the hard packed
sand starting directly from the dunes going east, free and clear of any staged equipment or
people
o Any promotional elements including, but not limited to sampling, branding or logos are strictly
prohibited
c From April 1° through October 31 a additional restrictions will apply per State of Florida
Department of Environmental Protection ("DEP")Marine Turtle Guidelines. DEP permits may be
required throughout the year
Following a wedding, ceremony or team building event, the beach and/or public property must
be left in as good, if not better,condition. Applicants must arrange to clean the area immediately
following the wedding/ceremony.
c In some circumstances, another permit may supersede this permit such as a Special Event
Permit, a Right-of-Way Permit, a Film and Print Permit, or Beach Concessions Operations that
may require you to relocate your ceremony or team building event to another similar area close
by.
o The Noise ordinance will be in effect at all times under this permit.
o Failure to comply with Wedding, Ceremony or Team Building Permit requirements may result in
a citation to permittee and denial of future permits
IV. COMMUNITY ARTS AND CULTURE PERMIT
A Community Arts and Culture Permit allows for a maximum of ten (10) re-occurring uses of a
public space with non-permanent features/fixtures, major temporary structures. or City Services in
various places throughout the City of Miami Beach (Rue Vendome, Collins Parks, Lummus Park,
Lincoln Road). To qualify for this permit type, the applicant must be a recognized local business,
Business Improvement District("BID') or Neighborhood Association. The purpose of this permit is
to encourage small events, to showcase local arts and cultural initiatives, which are for specific
dates with the following allowances
ALLOWANCES:
This annual permit allows for up to(10) re-occurring uses of public space with non-permanent
features/fixtures, major temporary structures, or City Services. Allowances are for limited elements
as defined below
• ALLOWS maximum 150 person capacity
• ALLOWS Commercial sales(must have a valid DBPR License from the State of Florida)
• ALLOWS Single 10'x10'pop-up tents with a three (3)foot separation
• ALLOWS Entertainment(ambient level) and/or acoustical performer(s)
• ALLOWS A riser/platform of thirty(30) inches or less
• ALLOWS Power plug-in available or a portable generator rated at 5000 watts or less
• ALLOWS Feather banners(signage)
• ALLOWS Tables and chairs
• DOES NOT ALLOW food or beverage service without proper approvals/permits
• DOES NOT ALLOW alcohol service without proper approvals/permits
• DOES NOT ALLOW sampling, marketing, or branding initiatives
• DOES NOT ALLOW any beach access
• Examples of Community Arts and Culture Initiatives include, but are not limited to, Art Fairs,
Markets, Cultural Programming, Family/Kids Initiatives. Senior Events, Community Dance
Instruction, Community Yoga Classes, and Community Picnics.
REQUIREMENTS:
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• APPLICATION & PERMIT FEES: All applicants are required to pay a $50.00 application fee
(non-refundable) and a $200.00 permit fee. Payments must be made payable to the "City of
Miami Beach."
• A SITE PLAN:A site plan must be submitted with elements and area features The site plan
may be drawn in any size and format as long as the reviewing staff can clearly understand the
placement of all elements and area features.
• NOTIFICATION: Notification to all surrounding business must be given within Seven (7)days'
notice of the event date.
• INSURANCE:Applicant must provide a Certificate of Insurance, made out to the City of Miami
Beach, 1700 Convention Center Drive, Miami Beach. FL 33139 as certificate holder and
additional insured If you do not already have access to a policy, you can request a 1-day
certificate of insurance from"TULIP- Event Insurance'www.onebeaconentertainment corn.
RESTRICTIONS:
Any additional elements and/or activities exceeding the thresholds listed above will automatically be
escalated to Special Event Permit on a case by case basis
PERMIT CONDITIONS:
(1) Permit holder shall clean the City/public space location at the end of every session of use
under this Permit
(2) Modifications or improvements proposed by the permit holder to obtain electric service at
any location are not covered by this permit and must be approved by the City of Miami
Beach before the proposed modifications or improvements may be made. Additional
agreements may be required for proposed modifications or improvements, or to add
locations
(3) Permit holder shall at all times maintain in their possession the issued permit credential in
the manner prescribed by rule by the City of Miami Beach.
(4) Permit holder shall not use the City/public space if the area has been closed by the City of
Miami Beach due to inclement weather or other reason. The City of Miami Beach will notify
the permit holder point of contact of the closure and may post signage whenever possible at
the site to identify the nature and duration of the closure
(5) Approved City/public space may be used for permitted uses only during the date(s)/time(s)
and location specified on the permit
W. BRAND PROMOTION/TEMPORARY SAMPLING PERMITS
A brand promotion/temporary sampling permit allows for mobile distribution of a 5-person team or
stationary distribution (10x10 pop-up space)of branded goods or interactive services to the public with no
direct or indirect commercial exchange provided on public property within the commercial, mixed-use
zoning districts and beachfront areas of the City.
REQUIREMENTS: Applicants wishing to procure a brand promotion/ temporary sampling permit shall
provide the following information to the City's Department of Tourism and Culture no less than fourteen (14)
working days prior to said activity.
1. Online application for brand promotion/temporary sampling permit.
2. Photos and/or descriptive literature of all products or services to be distributed.
3. A permit fee of$2,000 00 per singular activation, per day, payable to the City of Miami Beach and
due before no later than fourteen (14) days prior to said activity. A singular team is defined as no
more than five (5)people in total distributing the same product in the location specified or the permit
or stationary (vehicle or 10x10 pop-up space).
4. This fee is refundable if permit is cancelled or denied Proper notice must be given in writing to the
Special Events office
5 A fourteen (14)day penalty fee of$250 00 will apply if application is received less than fourteen(14)
days prior to activation The fourteen (14)day penalty cannot be waived
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6. Security deposit fee of$500 00 will be collected to ensure permit compliance,any potential damages
to public property, cover fines/citations and any possible sanitation needs
7. General Liability Insurance of no less than one (1) Million U.S dollars or equivalent value naming
the City of Miami Beach as additional insured and certificate holder including the City's address as
per Section A VII (INSURANCE REQUIREMENTS) The certificate must not be older than 90 days.
8. If within the commercial and mixed-use zoning districts the permittee must obtain a Public Works
nght-of-way permit for any branded vehicle or stationary activation, which allows for(1) one -10x10
branded tent, (1)one 6-foot table; (2)two—chairs and(2) two-feather banners
9 As part of the brand promotion/temporary sampling permit, if the activation is stationary a sign-offs
is required from the surrounding business.
10 If on the beachfront area, permittee must obtain the sign-offs of the up-land property and/ or
beachfront concessionaire
RESTRICTIONS:
1. Permittee or his/her representative must maintain a copy of the Issued permit with them during the
activation
2. Permit is valid for mobile distribution of a 5-person team or stationary distribution (vehicle or 10x10
pop-up space)
3. Permit is valid only for date(s) issued
4. Permit is valid only for approved product(s)as presented in application request
5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their
surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the
permittee, his/her representative, or the public is removed and discarded appropriately
6. Permittee or his/her representative as part of mobile distribution may not erect tables, tents, chairs,
banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways
7. Permittee or his/her representative as part of stationary distribution must keep within items allowed
in number eight(8)of the requirements listed above.
8. Permittee or his/her representative may not at any time attach posters, flyers, stickers or other
elements on buildings, trees, light poles, newspaper racks, telephone booths, or other public
elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified
in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the
distribution of literature, periodicals or other non-product or service related materials, as long as it
has no exchangeable or redeemable value
9. Permittee or his/her representative may not reserve meters for the parking of promotional vehicles
(skinned or unskinned) All parking must be in accordance with the City parking regulations.
10. Permittee may not distribute materials from moving vehicles.
11. Permittee or his/her representative may not employ any generators. use electncal outlets or require,
install or lay wiring across the public right of ways
12. Permittee or his/her representative must maintain no less than five (5) feet of unobstructed public
access on sidewalks at all times.
13. Permittee or his/her representatives are bound by the Miami-Dade County and City of Miami Beach
Noise Ordinances at all times
14. If Permittee wishes to distribute material in an area Contracted or permitted for concession. outdoor
cafe, event,filming or other such uses, Permittee must provide approved signature survey form from
affected party
15. If within the commercial and mixed-use zoning districts the permit will be issued with discretion and
sensitivity to vicinity business. for example a permit request that conflicts with an existing business
with same business nature as the request, the City will recommend shifting the placement of the
activation to an alternative location that does not conflict with the business in question
16. Permittee or his/her representative may not sample within twenty(20) feet in any direction from the
outside perimeter, as indicated in the site plan attached to the city issued permit, of any outdoor cafe,
outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate
consumption, without the express written permission of proprietor of such business.
PENALTIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of the
following
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• Revocation of permit and immediate cease and desist order issued
• Forfeiture of full or partial security deposit at discretion of City Manager or his/her designee.
• Subsequent doubling of previous security deposit for future applications
• The product and/or other products from parent company will be restricted from distribution in any future
Brand Promotion/Temporary Sampling permit for a period to be determined by the City Manager or his/
her designee
• Fines and further penalties as Article II. Section 12-5 (9)of the City Code.
VIII. SPECIAL EVENT PERMITS-MINIMUM REQUIREMENTS. The minimum requirements to apply for
a Special Events Permit are
• APPLICATION/PROCESSING FEE - All application fees under Special Events, and subcategory
permits are non-refundable and must be made payable to the City of Miami Beach at the time of the
online permit submission.
• LATE APPLICATION FEE-This additional fee,equivalent to the applicable application fee,will apply
to all applications received after the deadlines noted in sections A.1 1 and A.I 2 (Page 4) Any
application submitted less than fourteen (14)days from event date may not be reviewed, regardless
of late application fee.
PLEASE NOTE: Late Application Fees cannot be waived.
• PERMIT FEE-This fee is refundable if application is denied and must be made payable to the City
of Miami Beach at the time of application. Please see attached Fee Schedule (EXHIBIT A) to
determine fee amount
• SECURITY DEPOSIT($2,500 for events entirely within private property or on public property with no
City services required and up to 150 attendees, $5,000 for events up to 1500 attendees and/ or
requiring City services, $10,000 for events between 1501 and 5000 attendees; $20,000+ with more
than 5001 attendees and/or with a load in to load out duration exceeding 14 days. Deposits for Non-
Profit applicants will not exceed $10,000. A refundable security deposit will be required no later than
fourteen(14)days prior to the event load in Based on the scope and location of the event,a pre-and
post-event site inspection may be conducted by the applicant and appropriate City personnel to
determine existing conditions and evaluate potential damages if any Security deposits will be
refunded as soon as possible(approximately 3-4 weeks after the event)if all conditions are followed,
public property is left in as good condition or better and without damage, any pending Code citations
are satisfied and all City invoices are fully paid Failure to comply with restrictions imposed may result
in forfeiture of up to the entire amount of the security deposit, as per Section III, Enforcement and
Penalties.
Any post-event balance or fines owed to the City, its employees, Departmental or Facility
charge/expenses, damage, repair or replacement cost(s), etc may be deducted from the security
deposit. Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept
future Special Event Permit applications Such applications will not be considered until all outstanding
debts to the City are paid in full (i e License Fee, Code Enforcement Lien, Special Assessment Lien
and/or any other debt or obligation due to the City under State or local law)
PLEASE NOTE: Security deposits cannot be waived.
• INDEMNITY AGREEMENT - An Indemnity Agreement must be executed and notarized with an
original and legally authorized signature and, if a corporation is the applicant or the application is filed
on behalf of a corporation, the company seal must be affixed to the document The Agreement must
be submitted no later than fourteen (14) days prior to load in of the event.
• INSURANCE REQUIREMENTS- The City of Miami Beach must be named as an additional insured
and policyholder on all insurance certificates issued for the event.
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All insurance policies must be issued by companies that are authorized to do business in the State
of Flonda and have a rating of B+VI or better in the current edition of Best's Key Rating Guide The
Certificate of Insurance must state the time. date, location and name of the covered event, including
set-up and breakdown day(s), date(s), and times) Applicants have the option of submitting a
Certificate of Insurance for each policy year.
The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements.
as necessary, to protect the interests of the City, including an increase in the amount and type of coverage
required, depending upon the scope and nature of the special event
• Commercial General Liability- Commercial General Liability insurance, on an occurrence form
must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death
property damage, and personal injury. The policy must include coverage for contractual liability
• Worker's Compensation and Employers Liability -Contractors must submit proof of Workers'
Compensation and Employer's Liability in the form of a Certificate of Insurance All other State
regulations apply
• Liquor Liability - If alcoholic beverages are to be sold or served at the event, the group or
individuals selling or serving the alcoholic beverage must obtain Liquor Liability Insurance in the
minimum amount of S1,000.000 The sale of alcoholic beverages must be in compliance with the
Liquor Control Regulations of the Code of the City of Miami Beach
The City's Risk Manager must approve the Certificate of Insurance. Once approved, the
Certificate will be kept on file in the City's Risk Management Division, The insurance
requirements must be met no later than fourteen(14)days prior to load in of the event.
PLEASE NOTE: Insurance requirements cannot be waived.
• SITE PLAN- A preliminary site plan must be submitted with the event application. A final site
plan must be submitted no later than fourteen (14)days prior to the event.
The site plan must show detailed diagram(s) drawn to scale of the event including the location
of concession booths, portable toilets, dumpsters, public, emergency and accessible routes,
location of stages and entertainment and orientation of loudspeakers, locations for electricity and
water, generators, lighting towers, A/C units, fenced or walled areas, disability access elements
such as accessible parking accessible paths of travel, accessible portable toilets and other
relevant elements All generators, lighting towers and A/C units must be fenced in or barricaded
to prevent crowds from coming into contact with them. In addition, a narrative describing all
temporary installations must be attached for beachfront events For purposes of herein,
"beachfront" is described as seaward of the Coastal Construction Control Line. Once the site
plan is approved it cannot be altered without the prior written consent of the City Manager or his/
her designee
REINSTATEMENT FEE- If required event elements are not submitted within fourteen(14)days
prior to load in of event, the Permit Application will automatically be considered denied The
applicant may reinstate the application upon submission of any pending requirements and a
Reinstatement Fee equal to the applicable Permit Fee
PLEASE NOTE: REINSTATEMENT FEES cannot be waived.
EMERGENCY MANAGEMENT PLAN - all Special Event Permit holders must have a basic Emergency
Management Plan for their event. The City of Miami Beach Special Events office can provide you with a
template of this plan,which will cover the process and procedures that will take place. should any emergency
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take place, while ensuring the safety of residents tourists and event attendees. The Emergency
Management Plan must be provided to the Special Events office,with your site plan,for review and approval.
B. STEP 2: Internal Review Procedure
All proposed events with projected attendance of 200 persons or greater on public property, or private
property where such event would not be incidental generally or without restriction throughout a particular
zoning district will be reviewed by the City's Internal Special Events Committee The Internal Special Events
Committee meets monthly and is composed of representatives from City departments, including, but not
limited to Police, Fire, Tourism and Cultural Development. Public Works, Parking, Planning, Code
Compliance and Parks Departments The Committee will review and comment on the proposed site,
security. parking, transportation. and any and all other necessary plans for the proposed event These
comments will be incorporated with those received through the neighborhood review process Tourism and
Cultural Development Department staff will indicate the specific requirements the applicant will need to
satisfy and the time frame for completing these requirements.
The City Manager will make a final determination on an application for a special events permit within seven
(7)days after all special events requirements applicable to the event have been fulfilled. Such requirements
must be fully completed by the applicant no later than thirty(30)days prior to the event Some requirements
may require more time.
No refunds will be made after a permit is issued; however, payment does not constitute permission to hold
the event All approved permits must be available for inspection on site at all times
For special events produced by 501(c)(3) not for profit organizations (or equivalent),the City Manager may
waive permit and application fees, including but not limited to, rental fees for particular City properties. when
such waiver is found to be in the best interest of the City No waivers are allowed for personnel-based
expenses (city services), security deposit, late application or late submittal fees In determining waiver of
permit fees, no consideration may be given to the message of the event or content of speech, or to the
identity or associational relationship of the applicant. Non-profit 501(c)3 entities are required to provide the
City with a copy of the most recent Internal Revenue Service Form 990
I. Major Event Periods (MEP) - The City first evaluates the City's needs, impacts and quality of life
issues during MEP's The City will then also specifically evaluate the impact of events proposed to
take place during holiday weekends and major event periods, which create a significant demand on
City services and resources The City may determine an MEP to have high intensity on City services
and, therefore, may prohibit the issuance of special events permits during these periods. The City
may also determine that enhanced City services are required during such periods In such instances.
costs for enhanced services will be shared equally by and between all permitted events
The City has identified the following repeat or somewhat regular event periods which historically
have a high impact on City services it is realistic to expect these activity periods to continue to be
popular in Miami Beach, bringing large crowds that will require additional City service levels and
interagency support These MEP's include, but are not limited to, the following.
• October- Halloween, Seafood Festival
• November -White Party Week (Circuit), Auto Show
• December-Art Basel. New Year's Eve
• January-Miami Marathon. NCAA Bowl Games. Art Deco Weekend NATPE
• February - Wine Food & Festival, Super Bowl
• March -Winter Party Week, Winter Music Conference
• April - Miami Beach Gay Pride, South Beach Triathlon
• May- Memorial Day Weekend National Salute to Americas Heroes
• July- July 4th Celebration, Fashion Week Swim
• September- Labor Day Weekend
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• The Major Events Committee - will take note of announced events and potential events of
significance and initiate customized action plans. Each City department has specific action plans to
address the requisite levels of service and outline their efforts and responsibilities associated with
any upcoming major event planned within the City.
• Major Event Plan - Under the Major Event Committee the Major Event Plan attempts to address
the impact of an event and set forth the action plan involved from a preparation and implementation
perspective and sets forth each City Department's service levels contingent upon anticipated
population levels associated with each MEP and ancillary/related events.
II. Criteria for Grant of Special Event Permit - The City Manager shall be charged with the
responsibility and authority to determine whether a particular applicant shall be granted a Special
Event Permit. The City Manager shall have sole authority, subject to the appeal process in STEP 3
of the Guidelines, to approve, approve with conditions, deny, and/or revoke a Special Event Permit
upon considering the following factors:
1. Type of Event
a The type of Event covers aspects of the event that relate to what demands the City is likely
to experience and/or numbers of attendees can be expected. Other positives or negatives
may stem from the hosting of one show versus another Community profile reoccurrence
and nature of the venue all are components to be evaluated in the Type of Event category.
b. Another important aspect of is the value of ancillary events and conferences that may
surround the event (other smaller shows/events) These may or may not be side events
directly managed, or a part of, the event under review, or may be shows and conferences
from other sponsors that take advantage of the attendee population of the main show. The
venues for these other ancillary shows could be local hotels, arenas and parks, in support of
the large event Side events of this type may be considered a positive, from the additional
economic impact they may provide, or they may be considered a detriment, depending on
the nature and history of these side events
c Whether or not the event is conducted for an unlawful purpose and/or in violation of Federal,
State, County or Municipal laws.
d The existence of conflict or interference with another event or another applicant who has
obtained a valid Special Event Permit When there are competing applications which are
substantially for the same time and place, priority will be given on a first-come, first-served
basis. but a first priority will be given to a pre-established. annual event, which is defined as
one which has a minimum of five (5) consecutive years of existence in the City under the
same ownership, is in good standing (which includes being current on all prior debts). and
has complied with other applicable all obligations to the City in a timely fashion.
e Whether the event, if public (as opposed to a private or corporate use), features a public
benefit component as its primary function and is not, in and of itself. largely a promotional
use designed to advertise or create publicity for product(s) to the public
2. Resident Benefit
All special events on public property will require a resident benefit, defined as a quantitative,
tangible benefit to the residents and local community.
Examples of Resident Benefits may include, but is not limited to:
a Discounted tickets (Miami Beach residents, seniors, youth, military, veterans,
disabled and special needs)
b Special programming or standalone public performance
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c. Educational and/or cultural component/programming
d. Senior benefit or food drive- in partnership with HCS
e Donation to the City's Public Benefit Fund (TBD): proposed $.75/person with a
maximum cap of$7,500
f Beach cleanup or dune restoration - monetary equivalent based on footprint and
impact of event
3. Economic Impact to the City
a. The City will consider the event's long-term, short-term. and indirect effects on profit/costs to
local economic industries, including but not limited to hotels. restaurants, entertainment
establishments, retail, and the City.
b The City will also consider events undertaken by not-for-profit organizations that demonstrate
directly helping a charitable cause
c. An Economic Impact Survey is required to determine if an event has demonstrated a positive
economic impact to the City
4. Frequency Chart
To ensure that the City's beaches, parks, and public right-of-ways are protected and
conserved. by limiting the number and scope of the events held in these area. The City has
in place a"Frequency Chart, which outlines the maximum number of days In a calendar year
that can be used within the designated area listed under the "Frequency Chart". Once a
designated area reaches its maximum allowance, no other event can take place This allows
for the natural restoration and maintenance of our beaches, parks, and public right-of-ways
5. Infrastructure and Service Demands(Quality of Life)
a The City will consider whether the event is compatible with the surrounding neighborhoods
and complements the ambience and aesthetics of the area in which it is presented.
b. The City will consider whether the event poses a public threat to residents. businesses. and
visitors, not considering content of speech, message, or reaction to the message.
c The stress that a show may place on various City services is considered in the evaluation
process. Expenses associated with additional crowd control, policing, security, parking, and
traffic shall be considered
d. The City will also consider the availability of these needed resources including time, people,
money and equipment.
e. Additionally, more intangible aspects of the effects that an event may have, relating to the
quality of life aspects that may positively or negatively impact the local flavor of the City and
the lives of the resident population, are also considered in this area, including the urgency of
the event, the realistic time frame,and other events taking place in the City and South Florida
area at the same time
f Interference with traffic in the area contiguous to the event, and availability at the time of the
proposed event of sufficient City resources to address the events potential impacts and
mitigate the potential disruption.
g. Availability of police officers, traffic control aides and traffic control equipment to protect the
participants in the event and protect the non-participants from traffic related and other
hazards in light of the need and demand for police protection at the time of the proposed
event.
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h. Concentration of persons, vehicles or other structures at the event and feasibility of
disbanding the area in order to allow fire, police and ambulance services.
i. Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of
event to unreasonable and prolonged noise, littering, or parking difficulties
j. City services required for the event cannot be reasonably made available at the time of the
proposed event.
6. References
a The event shall provide references from other locations that it has used. The evaluation
should consider not only the references themselves but the quality of the references and the
sources from which they come. A list of references that cover, not only the previous venues
for that event, but also the references from that City, the Police Department and any civic
organization that the past venue impacted showing the good citizenship and positive
economic impact the event has had in other places where it has been held.
b Whether same or similar event has a history of causing or resulting in a threat to public safety
in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd
reactions to the event's message. this factor alone shall not be sufficient cause to deny or
revoke a City Special Event Permit.
c. Material misrepresentation or incorrect material information made in the application process
Prior to a denial or revocation based on this factor, the City Manager shall give the applicant
an opportunity to cure, satisfactorily rebut, or revise such evidence.
d. Failure to complete payment of any sums required for a previous event until such time as
payment is received
e. Failure to substantially perform a clean-up plan which was made a condition of a previous
permit
f. Failure to adhere to City policy as prescribed by the Special Events Requirements and
Guidelines, or other applicable laws where the health, safety and welfare of the community
is potentially affected.
7 Promotional Value
a Is the event under consideration a high-profile event with good name recognition and a good
reputation? The evaluation must try to assess the importance of having the City and the
event linked in the press. All positive results that may be derived from the association should
be considered It may be that the value of having the event lies in the other high-profile events
that traditionally follow this one.
b. Also, positive publicity surrounding a high-profile event may have had the effect of long term
increases in local tourism and free positive publicity for the area as a whole, increasing
general business activity.
8. Issuance of Special Event Permits during High Impact Periods
a. During periods of enhanced or unavailable staffing of City resources (Police, Fire, Code,
Sanitation etc.), The City does not accept applications for new events on public property.
Such periods include the month of March and first two weeks of the month of April. which
coincides with college and high school spring break and existing events.
b Some successful events held on private property during such periods may outgrow the
capacity of the property and have a need for the City to consider allowing the event to expand
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onto public property in order to remain viable in The City. In an effort to maintain existing
business, the City shall consider the following additional criteria in considering requests
• Whether or not the event producer has had a successful track record of obtaining
Special Event Permits and producing events in the City for no less than five(5)years
with Special Event Permits in a private venue and is in need of expansion
• Such applications would be considered on a first-come, first-serve basis, until such
resources are no longer able to be reserved.
• The event(s)could not occur concurrently on both private and public property.
• The City will consider the event's long-term, short-term, and indirect effects on local
economic industries, including but not limited to hotels, restaurants, entertainment
establishments, retail, and the City.
• The City will consider whether the event is compatible with the surrounding
neighborhoods and complements the ambience and aesthetics of the area in which it
is presented.
• The City will consider the stress that such an event may place on various City
services with expenses associated with additional crowd control. policing, security,
parking, and traffic to be borne by the event producer.
• The City will also consider the availability of these needed resources including time,
people, money and equipment.
• City services required for the event can be reasonably made available at the time of
the proposed event
• The event must be approved by a 4/7 vote of the entire City Commission.
No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to
time, manner and place on account of any message which may be conveyed at an event. or on
account of the identity or associational relationships of the applicant.
No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to
time, manner, or place on account of any assumptions or predictions as to the amount of hostility
which may be aroused in the public by the content of speech or message conveyed by the event,
provided that reasonable accommodation as to time, manner and place may be required in order for
the City to provide the resources necessary for protection of health, safety and welfare
No event applicant or permittee shall be required to provide for, or pay for the cost of. public safety
personnel necessary to provide for the protection of an event and its attendees from hostile members
of the public or counter-demonstrators, or for traffic control outside the event area or for general law
enforcement in the vicinity of the event.
III. Criteria for Approval of Permit-After all required elements are completed, and City Departments
and impacted neighborhoods have reviewed and submitted their comments regarding an application.
the City Manager shall do the following'
• Approve the permit.
• Approve the permit with conditions: or
• Deny the permit upon conditions(as set forth in these Guidelines).
If the permit is approved, the City Manager. in consultation with the heads of the affected City
Departments, shall also impose any necessary restrictions or conditions as to the time, manner and
place to be observed in accordance with public safety environmental and administrative
considerations(based upon the application), provided that such considerations shall not include any
consideration of the content of any speech or message that may be conveyed by such event, nor by
any considerations concerning the identity or associational relationships of the applicant, nor to any
assumptions or predictions as to the response that may be aroused in the public by the content of
speech or message conveyed by the event
After the City Manager approves the issuance of a permit, the applicant may obtain such permit by
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agreeing to accept the"Terms and Conditions" imposed in accordance with these Guidelines.
If the City Manager denies or subsequently revokes a permit he will provide the applicant/permit
holder with written notification and reasons for the denial/revocation of the permit (which shall be
consistent with the criteria in these Guidelines). it is understood and inherent as part of the
application process and agreed to by applicant upon submittal of the application, that application
does not constitute approval and any and all marketing or production expenses incurred are solely
the responsibility of the applicant and not the responsibility of the City regardless of the application's
approval or denial
C. Natural Disaster/Severe Weather- The declaration of an emergency, threat or a natural disaster,
including extreme weather or the existence of a national threat, the City has the right to cancel and/or
rescind any and all Special Event. Wedding, Ceremonies. Team Building, Rue Vendome and
Temporary Sampling permits_ In the event of a natural disaster/severe weather application and permit
fees are not refundable. Applicant MUST notify the City with at least Twenty-Four (24) hours of said
cancellation in order to receive a recovery date. Once a recovery date is approved by the Special
Events office the applicant is responsible for re-scheduling any City Services staffing and/or services
Beach impacts (other)
• Special Events occurring during hurricane season shall have an emergency evacuation plan that
will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-
four (24) hours—all equipment, material, staff, staging, vehicles and associated appurtenances
shall be removed from event site within the allotted time.
C. STEP 3: External Review Procedure
Special events in the City of Miami Beach are subject to review and recommendation by the corresponding
neighborhood or business association(s) and/or as part of a monthly Special Events Community Review
Signature Surveys may also be required for properties deemed to have a direct impact by the event activities
Applicants will be required to present their plans to the appropriate neighborhood association In the case
where there is no legally constituted/recognized association and the expected event attendance exceeds
200,the matter may be referred to the City of Miami Beach Planning Board for review and recommendation
Recommendations from the respective associations or the Planning Board, stating its position on the
proposed event, should be submitted to the Special Events Office at least 30 days prior to the event
The City will only recognize neighborhood associations that have filed for and received official neighborhood
status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's
criteria and a list of recognized neighborhood associations can be found on the City's website at
www.miamibeachfl goy.
The City Manager shall consider recommendations from neighborhood association(s) in determining
whether to grant a Special Event Permit or what conditions to impose upon granting of the permit.
Notwithstanding, the City,through the City Manager. reserves the right to approve, approve with conditions.
deny. and/or revoke any Special Event Permit.
Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The
final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal
as follows.
In the event of a lack of consensus between the neighborhood association(s) (or Planning Board) and the
City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the
Manager's decision to the Mayor and City Commission for consideration at its next available meeting The
appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's
decision in approving or denying the permit being appealed Such appeal also must be accompanied by a
written resolution of a majority of the board of the association(or the Planning Board) indicating the decision
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to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City
Manager
If the date scheduled for the proposed event arrives before the next available Commission meeting, the
decision of the Manager will be final. If approval of the proposed event is delayed such that the event cannot
be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all
the City will not be held liable for any expense(s), losses, or liabilities or other inconveniences incurred by
the applicant as a result of same.
D. STEP 4: Coordination of City Services
Special events often require the supplementing or hiring of City services The City's Special Events Office
will review comments received during the internal and external review processes and will determine
minimum staffing levels, with recommendations from the relevant Department directors. The City may also
determine that enhanced City services are required during Major Event Periods in order to mitigate
excessive stresses on City resources In such instances. costs for enhanced services will be shared equally
by and between all permitted events The City assumes no liability arising or resulting from the
determinations of minimum staffing levels or the requirements for any events
A list of frequently required services is provided herein
Fully paid receipts/invoices for required supplemental or City services and equipment rental must be
submitted to the Special Events Office no less than two(2)weeks prior to an event. Any additional services
rendered by the City for the event will be charged to the applicant and may be deducted from the security
deposit. When City personnel are employed, there will be a four(4) hour minimum charge rendered by the
appropriate Department to compensate each employee engaged by the applicant
ll. ADHERENCE TO REGULATIONS AND OTHER POLICIES
The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient
to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and
general citizenry All arrangements for services or facilities shall be staffed and paid for at two (2) weeks
prior to load-in of the event An applicant's budgetary constraints cannot dictate staffing levels required for
public safety
In addition to compliance with all applicable Federal. State and County regulations, the applicant shall
comply with all City codes, regulations.and laws Any other permits, as may be required by the City of Miami
Beach, Miami-Dade County,the State of Florida,or the Federal government, must be obtained and adhered
to. It is the sole responsibility of the applicant to obtain all permits and comply with all requirements, including
but not limited to those described herein.
The City of Miami Beach, under no circumstances. guarantees, warrants or represents that the issuance of
a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or
complying with any requirements which may be required currently or in the future by any Federal. State or
local authorities, including other permits that may be required by the City.
The City Manager has the authority to alter or end an event at any time it is determined necessary to assure
the continued health, welfare and safety of the City's residents and visitors. Lack of compliance with the City
Manager's directives,including but not limited to,audio volume and adherence to site plan,shall be sufficient
cause to warrant an event's closing (or other remedies provided in the City Code or herein).
Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A City
Special Event Permit must be issued to constitute authorization from the City to hold the activity
All pre-payment schedules for City services are due, as indicated,except the City reserves the right to waive
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this requirement for events which have an exemplary prompt payment history with the City established over
the course of at least five(5)years.
A. Vehicle Access Policy
Use of beaches, parks or pedestrian areas for event related vehicles should be minimized, and
whenever possible, All Terrain Vehicles (ATV's), all terrain gators, and/or golf carts should be utilized by
event producers for events taking place on the beach or in pedestrian areas such as parks Notwithstanding
the above, certain events taking place on the beach, in parks or other authorized use areas may require
vehicular access for the purposes of loading-in and out of equipment for the event, all such vehicles must
be removed from such areas immediately thereafter. There is a vehicle access fee of$150.00, per vehide,
per event. Event producers may purchase a maximum of ten (10)Vehicle Access Permits per event. unless
additional passes are approved by City Manager or his/her designee A Vehicle Access Permit will be issued
by the Special Events Office and must be displayed on the windshield of every vehicle on the beach. For
any beach access. all such vehicles must be escorted on and off the beach by either City of Miami Beach
Police, Off-Duty Police or Ocean Rescue, All other authorized access uses (i e. in City parks) may require
escort by City of Miami Beach Police, Off-Duty Police, Ocean Rescue or other designated City employee(s)
All vehicles will be restricted to the location(s) listed on the permit.
All operating vehicles on the beach, park or other authorized use area shall follow the procedures listed
herein.
a Due care and caution will be utilized at all times while driving any vehicle on the beach, park or other
authorized use area.
o All vehicles on the beach, park or other authorized use area shall enter and depart the area beach
at the nearest access point to the call.
• Prior to entering the beach, park or other authorized use area, vehicle headlights and overhead
flashing lights(if equipped)or four way emergency lights will be turned on.
o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows
of their vehicle while operating a vehicle on the beach, park or other authorized use area
a Maximum speed allowed on the beach, park or other authorized use area is 5 MPH
Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand
exists
• Vehicles. SUVs, and trucks shall stay west of the garbage cans on the hard pack sand at all times
o Do not drive over hills or berms(dunes)or near objects that may obstruct your view
o If you stop and exit your vehicle. walk completely around the vehicle prior to reentering your vehicle
and moving it
-, Traffic cones(orange. 18" high) must be placed at the front and rear of vehicles when parked on the
beach, park or other authorized use area
o Use of a cellular phone or walkie talkies while the vehicle is in motion is prohibited.
Personal vehicles are prohibited on the beach, park or other authorized use area at all times.
These procedures are to be complied with at all times by anyone operating a vehicle on the beach, park or
other authorized use area. Failure to comply with these procedures may result in immediate revocation of
the permit and termination of the event
B. Booking Policy-Public locations are booked on a first-come, first-served basis. but a first priority will be
given to annual or grandfathered events Please refer to the Grandfathered Event Clause for definition of a
grandfathered event
A special event shall not be booked if it interferes with a previously scheduled activity. event or repair work
scheduled for the proposed site. The City Manager or designee has the discretion to approve or deny
events taking place simultaneously or in close proximity to each other when considering, Public safety;
resident quality of life impacts, zoning restrictions, and any other significant factors that would impact the
City's capacity to successfully host the event can also be taken into consideration
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Dates and locations are reserved on a first-come, first-served basis upon submission of a completed
Special Event Application and payment of the Application Fee must be submitted. Without it the City may
not begin the Special Event Permit process as specified in the City's Special Event Requirements and
Guidelines.
To guarantee a place holder for your event at the beginning of each fiscal year(October 1)events may
secure the event date and location by submitting the event application six (6) months in advance of the
event and by paying the following fees at the time of submission
• Application fee
o Permit fee
o 50% of the estimated square footage fee
o 50% of estimated deposit
If the event is grandfathered a Letter of Intent must be submitted at least six(6) months/in advanced in
order to hold the date and location If the event is cancelled before it takes place it will result in the
forfeiture of all fees excluding deposit. Should the City not approve the event all fees will be returned
except for the application fee. Events NOT on Hold cannot be guaranteed
C. Grandfathered Event Clause - Events that hold a minimum of five (5) consecutive years of existence in
the City; under the same ownership;which are in good standing (including being current on all prior debts):
which have complied obligations in a timely fashion to the City; and which have demonstrated a positive
economic impact on the City of Miami Beach_
D. Consecutive-Day Clause/Limit of permissible events per venue- In no case shall a permit be issued
to an applicant or venue, for similar events, for more than four (4) consecutive days or five (5) non-
consecutive days each during the course of a calendar year A separate Special Event Permit shall be
required for each individual venue of a multi-venue event.Certain public locations are appropriate for special
events, but do not have certificates of use and occupancy defining their use. Such locations shall not be
limited to the five(5) non-consecutive days per year limitation
Venues are limited to five (5) Special Event Permits per calendar year. Citywide special events and
conventions shall not count against the annual 5 special events permit limitation
Business or merchant associations are permitted to have events throughout the calendar year that promote
and encourage patronage of the businesses in the geographic boundaries of the association. These events
may NOT be retail oriented and MUST be free and open to the general public A Special Event Permit may
be required for such events and shall be obtained by the association Such approvals shall abide by the
City's Special Events Requirements and Guidelines.
The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the
consecutive day clause/limit of permissible events per venue, and shall also have the discretion to amend,
modify or temporarily suspend the permit for such events.
E. Concession Agreements—Unless calculated Square Footage fee (see D) is greater, all events which
include retail sales or vending will be required to enter into a written concession agreement with the City.
Beachfront and non-beachfront events shall provide fifteen percent (15%) and ten percent (10%)
respectively of all gross revenues derived from admissions and the sale of food. beverages, and
merchandise. In the case where a producer rents booth for the sale of food, beverage and merchandise, the
gross rate shall be calculated on the rental and/or concession revenues received by the applicant or the
gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect
financial gain from such revenue Copies of concession agreements and full disclosure of all principals must
be provided to the Special Events Office two (2)weeks prior to the event.
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A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue.
along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30)
days following the event. The Security Deposit on file will not be released until such statement and payment
have been submitted to and accepted by the City
Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires,
there exists exclusivity for rental of beach equipment,water and recreational equipment,food and beverage
service on the beachfront, east of the coral rock wall at Pier Park (Biscayne Street to First Street); and east
of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73rd Street to
75th Streets), and North Shore Open Space Park (79th Street to 87th Streets). Additionally, the City may
enter into additional agreements in the future with beachfront concessionaires for other beachfront locations
seaward of City-owned property and/or seaward of street-ends at public right-of-ways. Any proposed special
event to be held on the beach within one of the previously mentioned concessionaire's jurisdiction is subject
to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at
least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a fetter of
release from the concessionaire must be submitted to the Special Events Office at least thirty(30)days prior
to the event
Up-land Concession Areas - The City issues licenses to operate beachfront concessions to up-land
property owners (areas located behind private property) from Government Cut to 87 Terrace A written
release from upland owner concessionaires is required for events proposed behind private property that
may interfere with these up-land concession areas and must be submitted to the Special Events Office at
least thirty (30) days prior to the event
D. Use of Public Property - Unless Concession Agreement (see C) is greater, permit holders will be
charged a net square footage rate of $25 per square foot for public property occupied by the event for
stages. booths. displays or areas restricted for exclusive use by the event The Square Footage Fee will be
calculated in the following manner
Enclosed Site: Aggregating the square footage of the total fenced area.
Non-enclosed Site: Aggregating the square footage of the individual fixtures of the event (i e stages.
booths tents. display areas, bleachers, etc )
The City Manager may. in his/her discretion, waive this fee for events by not-for-profit corporations, or other
event. when such waiver is found to be in the best interest of the City In the case that the permit holder is
operating under a concession agreement with the City, the net square footage rate may not be applicable.
E. Event Signage Sponsorship banners and signage are allowed within the designated event site only and
may be displayed only during the event. Banners must be immediately removed from the site following the
event
I. Special Event Billboard Signs - Up to five (5) banners or billboard signs with a maximum size of
4'x8' may be approved for placement in designated public locations in the City. These signs are
required to obtain Design Review approval from the Planning Department. A City application must
be submitted to the Planning Department, no later than 60 days prior to the event A Building Permit
is also required prior to installation.
II. Street Banners - Event advertising banners shall not extend or project over any portion of any
street, or right-of-way
III. Light Pole Banners-Light pole banners are permitted in the City when approved by the Planning
Department and the City Manager for special events taking place in the City of Miami Beach, and by
the City Commission, for special events held outside of the City of Miami Beach The application
process begins at the Planning Department for Design Review approval no less than 90 days prior
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to the special event Approved light pole banner design with the banner locations are then forwarded
to the Special Events Office. A fifty dollar ($50.00) per banner fee (twenty-five dollar [$25.001 per
banner fee if applicant is a 501(c)(3)or other equivalent non-profit organizations and verified by state
records) and fifty dollar ($50.00) processing fee will apply. Light pole banners on State Roads (e.g
5th Street,Collins Avenue:41st Street,etc.)require an additional permit from the Florida Department
of Transportation.
G. Resort Tax
All events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two
percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV A copy of the aforementioned
section of the City Code and the Special Event Resort Tax Return forms are available through the Special
Events Office. It is the responsibility of the event producer to collect. complete the form and remit payment
to the City.
H. Sponsorship Requirements
The following is a list of publicity and credit requirements far events or programs receiving financial or in-
kind support from the City of Miami Beach
• Prominently display City of Miami Beach logo in all promotional marketing materials related to the
event/program including, but not limited to, advertisements, brochures, websites, e-mails. newsletters,
banners, posters, event programs, and other print and/or electronic publications
• Include the following credit line in all print news and press releases and broadcast media "This
event/program made possible with support from the City of Miami Beach" and include a quote from City
of Miami Beach Mayor
• One full page full color ad in program guide
• Website link to www.miamibeachfl.gov
• Events/programs offering travel packages will also provide a link for to the following websites
o www.visitmiamibeach.us
www.miamiandbeaches corn
• On-stage signage in a prime location (if applicable)
• Provide a booth/display area at all events(if applicable)
• Live announcement(s) during the event by emcee
• Operate within the requirements of all City of Miami Beach existing sponsorships(Coca-Cola, etc.)
All complimentary tickets provided by an event/event producer shall be consistent with the City Commission
established policy for the distribution of tickets and the City's Administrative Guidelines for Distribution of
any tickets and must be sent directly to the City Manager's office, located at 1700 Convention Center Drive
—4" Floor.
The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of
twenty-five thousand dollars($25,000)
I. BUSINESS IMPROVEMENT DISTRICTS ("BID") - Various BID s have been established in defined areas of
the City to enhance and revitalize various commercial corridors such as Lincoln Road,Washington Avenue, and
Espanola Way Events taking place with in these BID's would fall under the 'Community Arts and Culture
Initiative Permit", provided they include a wide-range of arts or culture event activations that benefit the
merchants and residents of the City as whole.
J. Rides and Amusements - The City does not allow for-profit carnivals, amusement parks, or carnival-related
mechanical amusement rides
K. Markets - For information on how to become a market producer or vendor, please contact the City of Miami
Beach Procurement Department at 305-673-7490
III Enforcement and Penalties.
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(a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section
(1) First offense within a 12-month period a fine of one thousand dollars($1,000 00);
(2) Second offense within a 12-month period a fine of twenty-five hundred dollars($2,500.00), and
(3) Third offense and subsequent offenses within a 12-month period a fine of five thousand dollars
($5,000.00)
(b) Enforcement The code enforcement department or the Miami Beach Police Department shall enforce
the provisions of this section. This shall not preclude other law enforcement agencies or regulatory
bodies from any action to assure compliance with this section and all applicable laws If a Miami Beach
Police Officer or a Code Compliance Officer finds a violation of this section the Miami Beach Police
Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in
chapter 30 of this Code,as may be amended from time to time The Notice of Violation shall inform the
violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due
date for paying the fine, notice that the Violation may be appealed by requesting an administrative
hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation
within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing_
(c) Rights of violators. payment of fine, right to appear: failure to pay civil fine or to appeal.
(1) A violator who has been served with a Notice of Violation shall elect either to
a. Pay the civil fine in the manner indicated on the Notice of Violation, or
b. Request an administrative hearing before a special master to appeal the Notice of
Violation within 10 days of the issuance of the notice of violation
(2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set
forth in sections 30-72 and 30-73.
(3) If the named violator after issuance of the Notice of Violation fails to pay the civil fine, or fails to
timely request an administrative hearing before a special master, the special master shall be
informed of such failure by report from the Code Compliance Officer or the Miami Beach Police
Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the
Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's
right to administrative hearing before the special master, and be treated as an admission of the
violation, and fines and penalties may be assessed accordingly
(4) Any party aggrieved by a decision of a special master may appeal that decision to a court of
competent jurisdiction
(5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing
with ten (10) days of the issuance of the Notice of Violation and shall be prohibited from hearing the
merits of the Notice of Violation or consideration of the timeliness of the request for an administrative
hearing
(d) Enhanced penalties
The following enhanced penalties shall be imposed. in addition to any mandatory fines set forth in
(9)(a) above, for violations of this Section
(1) If the offense is a fourth offense within the preceding 12 month period of time, in addition to the
fine set forth in (9)(a), the property owner, event producer or permittee shall be restncted from
receiving a Special Event Permit for a three(3) month period of time.
L1 If the offense is a fifth offense within six(6)months following the fourth offense, in addition to any
fine set forth in (9)(a), the property owner, event producer or permittee will be restricted from
receiving a Special Event Permit for a six (6) month period of time. The property owner, event
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producer or permittee shall be deemed a habitual offender.
(3) The City Manager may decline to issue future Special Event Permits to such person or entity that
have been deemed habitual offenders pursuant to this section for a period of one year,or such other
period of time acceptable to the City Manager
(e) Violations of a Special Events Permit
An issued special events permit will have terms and conditions intended to be followed by the event
producer and/or permittee, unless specific arrangements are made only by the City Manager or
his/her designee. In writing, after the event permit is issued. Should such conditions and/or
arrangements be disregarded by the event producer and/or permittee, his or her vendors or
participants. whether witnessed by City personnel or established by photographic or other evidence
or testimony afterwards, the producer andlor permittee would be in violation of the Special Event
Permit and be subject to enforcement proceedings as provided by City Code and/or these
guidelines.
With the exception of violations for which no correction is possible(e g. noise violation, commercial
handbills, event without a required permit, etc.). if the violation is observed by City staff during the
special event, the event producer/permittee will be given a time-certain opportunity (30 minutes or
other time period as specified by the City Manager or designee) to correct the violation
Notwithstanding,the City retains discretion to proceed directly to the issuance of a notice of violation
rf the violation is egregious and/or violates conditions expressly provided for in the permit,or if a prior
verbal warning for a violation of the Special Event Permit has already been provided Multiple
violations shall be treated as one instance when simultaneously observed. Examples of Special
Event Permit violations may include, but are not limited to the following. unless specified by the
Special Event Permit violation of the noise ordnance; unauthorized use of public space use of
unpermitted structures or event elements, improper utilization of the Vehicle Access Pass policy;
violation of Conditional Use Permit(CUP)approvals or conditions, violation of Florida Department of
Environmental Protection (DEP), Miami-Dade Environmental Resource Management (DERM) or
Florida Department of Transportation (FOOT)conditions. violation of regular or temporary occupant
load; unauthorized use of branding, promotional activities or sampling. damaging public property
without prior approval; or inability to effect proper sanitation plan. Any event that takes place without
a Special Event Permit or in an area that is ineligible to obtain a Special Event Permit(e.g. specified
non-conforming uses) cannot by its nature be corrected and must be cited and shut down
immediately.
The City may issue a verbal warning for first time violations in lieu of a first offense fine.
Such fines are in addition to and separate from any violations issued by the City for noncompliance
with other sections of the City Code. The event security deposit will be held until the appeal period
has lapsed, the Special Master has made a determination on the case or to satisfy unpaid fines The
City may increase the security deposit requirement for any issued or future permit. The City reserves
its rights to pursue alternate enforcement proceedings and penalties as provided for and allowed by
law
iV. CITY OF MIAMI BEACH AGENCIES
A. Building Department
Building and Electrical Permits- Pursuant to the South Florida Building Code, the City's Building
Department must issue a building permit for all special events involving temporary construction or
the use of temporary electrical power . Examples of temporary construction include. but are not
limited to freestanding tents, stages, fences, bleachers, temporary electrical connections and
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generators over 5000 watts. The applicant must present a copy of the Building Permit to the City's
Special Events Office at least fourteen (14)days prior to the event.
Ii. Americans with Disabilities Act - All special events must be designed and operated consistent
with Chapter 553. Florida Statutes(the Florida Accessibility Code).
B. Code Compliance
Field Inspector — The City may require the applicant to hire a Field Inspector and/or a Code
Compliance Officer to serve as an overall on-site coordinator, whose responsibility will be to ensure
that all services are provided. the event runs smoothly, and that all Federal, State and local rules,
regulations and ordinances are complied with. Special event producers agree and understand that
a Field Inspector and/or a Code Compliance Officer, which will report to and be under the direction
of the City, may be required in order to ensure compliance,as approved by the Special Event Permit.
and the conditions imposed with the issuance of such permit. Enforcement includes all activities
leading up to, including, and following the conclusion of permitted endeavors. Event producer further
agrees and understands that all costs associated with such Field Inspector and/or Code Compliance
Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit
pursuant to Section A(VII) herein.
Field Inspector and/or Code Compliance Officer may be required for events with expected
attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for
all other events will be determined on a case by case basis
II. Signs (Flyers) & Hand Bills - The City regulates the distribution of flyers, handbills or stickers.
Specifically, distribution of handbills upon premises of another when requested not to do so is
prohibited, and placing or distributing any handbills on vehicles is prohibited as per City Code
Sections 46-92 and 82-412 Violations will be issued by Code Compliance for violations on public
property and for handbills placed on automobile windshields carrying a fine of $50 for each sign
(flyer) or handbill and a$23 removal charge per sign
III. Noise Ordinance-The City prohibits unreasonable and disruptive noise that is clearly incompatible
with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise
Ordinance, Section 21-28 of the Code of Miami-Dade County and City of Miami Beach Noise
Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and
private property within the City These Ordinances make it unlawful for any person to make,continue
or cause to be made any loud, excessive or unusual noise If the excessive noise occurs between
the hours of 11:OOPM and 7:00AM in such manner to be plainly audible at a distance of 100 ft. from
the building, structure or vehicle in which it is located,this shall be prima facie evidence of a violation
of the Ordinances
If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be
lowered to an acceptable level. Failure to comply with a request from the Department of Code
Compliance concerning violation of the Ordinances may result in the immediate revocation of a
Special Event Permit and/or immediate cease and desist of event activity
C. Environment & Sustainability These items listed below are intended to help preserve the health and
welfare of the City of Miami Beach's coastal areas
The City of Miami Beach supports sustainable practices at all events with a goal to reduce waste generation
and divert waste to recycling In order to achieve this goal. special events must follow the below guidelines:
• The use of any expanded polystyrene (commonly referred to as "Styrofoam") glass containers and
plastic straws and stirs materials are prohibited by City code
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• Applicants shall not vend or offer glass containers, plastic lids, plastic straws, plastic beverage
stirrers, plastic sandwich containers, packaged condiments, and/or packaged seasonings.
• No plastic bags should be distributed during special events instead the applicant should use paper
or reusable bags(materials can vary, such as calico, cotton, recycled PET. hemp,jute and others)
• The applicant shall pursue the use of service material, including cups and napkins, made of
biodegradable or recycled material All serving dishes/containers. food, beverages, condiments
necessary to include biodegradable tableware; plates, bowls, hot and cold cups. flatware, wooden
coffee stirrers, etc., when reusable food ware or food services articles are not feasible
• The City encourages the use of unbleached. non-coated, recycled-content, paper food service
articles and other fiber-based food service articles as the most environmentally preferable
alternatives when the use of reusable food ware is not feasible
• The applicant is encouraged to not use or provide any type of straws. If the use of straws is
requested, please use paper or bamboo or stainless steel or copper reusable straws or other kinds
of reusable materials. The use of plastic straws is prohibited by City Code
• The applicant shall consider greenhouse gas emissions when deploying generators for power and
use an alternative fuel or solar powered generator or equipment. An alternative fuel is defined as
biodiesel, compressed natural gas, propane or solar.
• The applicant is encouraged to use composting toilets and toilets that conserve water.
• Applicant is encouraged to provide amenities for bicyclists by including any one of the following. bike
racks, bike valet services or a designated secure area for bicycle parking.
• Applicant shall within their event broadcasts, promote carpooling, bicycling, walking and usage of
public transit.
• The applicant shall clean up all zip ties and screws at the time of installation /clipping
• The applicant is encouraged to procure local food in order to reduce greenhouse gas emissions from
travel, as well as support the local economy.
• The applicant is encouraged to procure food with biodegradable. recyclable and/or minimum
packaging
• Applicants are encouraged to reduce the amount of packaging in general and use either recycled
packaging materials or packaging that does not contain packaging inks, dyes, pigments, adhesives,
stabilizers,and additives with levels of lead,cadmium,mercury or hexavalent chromium in packaging
inks. dyes, pigments adhesives. stabilizers, and additives equal to or greater than 100 parts per
million.
• Applicants shall not intentionally release or organize the release of any number of balloons or sky
lanterns The release of these items into the atmosphere poses a danger and nuisance to the
environment, particularly to wildlife and marine animals. Balloon releases are also prohibited per
Florida Statute 379.233.
• Storm drains and connections to open bodies of water shall be protected if special event is
discharging any material that may impact the Biscayne Bay(glitter, disposable cups, confetti, etc.).
As part of the events Sanitation Plan
• Submit a recycling/waste plan to the Sanitation Division and EBBS Dept for review and approval
Waste plan must address the following: number of receptacles, planned bins location (recycling and
waste bins should be paired), items to be recycled, outreach methods to reduce recycling
contamination
• Bin designs should meet the recommended designs for permanent bins within the recycling
assessment including: specialized lids clear and visible messaging on all recycling bins At a
minimum, "cans and bottles"should be listed.
• Trash and recycling bins should always be required in areas where bottle or can beverages are
served (i.e. bars or similar beverage stands)
• Applicants shall be responsible for removing all litter and shall be responsible for removing all refuse
and waste generated by their operation. All litter, refuse, and waste shall be removed from City
property for proper disposal at their expense. The City shall charge for the costs of special clean up
necessary should the Applicant fail to reasonably perform.
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• Beach Clean-Up - Special consideration including waiving application fees will be given to small
groups and non-profit organizations that organize environmental community service events such as
beach/waterway cleanups, dune restorations, etc
D . Fire Department
Off Duty Fire&Paramedic Services-Depending upon the type of event and estimated attendance.
off-duty or private fire rescue personnel may be required at the expense of the applicant As a general
rule, a minimum of one paramedic for up to thousand (1,000) people and two paramedics for up to
five thousand (5,000) people. and a rescue unit for up to ten thousand (10,000) people, which
consists of two(2) paramedics and a team leader, are required. Enclosed events and tents over 400
square feet may require off duty Fire Inspectors depending on the type of event and estimated
attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations
of minimum staffing levels or the requirements for any events
The final decision for the minimum number of Fire Rescue/Prevention personnel required will be
determined by the City's Fire Chief or his/her designee.
Payment for off-duty fire services, based on the estimate. is required to be paid in full no less than
two(2) weeks in advance of the event. Payment adjustments for off-duty fire services, based on a
final invoice, is required to be paid in full no more than two(2)weeks after the event The Fire
Marshal or his designee will make the final determination of minimum levels of fire staffing.
II. Enclosed Events Site Plan and Occupant Load-Site plans for enclosed events requiring fencing
or tenting must be submitted for review and approval to the City's Fire Department. Building
Department permits cannot be issued until the Fire Department approves the event site plan Non-
substantial on-site adjustments to site plans may be made in consultation with and approval of the
City's Fire Marshal, or his/her designee The Fire Department requires a twenty-five (25) foot
emergency vehicle access lane between easternmost portion of the sand dune and any fencing or
tents for all beachside events A fee shall be charged to cover the plan review and inspections of
special events sites to identify and enforce fire code requirements
Enclosed events are required to adhere to an occupancy number, as well as comply with the
requirements determined by the City's Fire Department, once site plan is approved. A walk-through
to verify that the actual setup meets with the approved plan will be conducted prior to the event
opening Event promoters are responsible for adhering to the determined occupancy number and
any violation of the occupancy number can result in penalties and /or fines
Fireworks Permit-All events, public or private, featuring a fireworks display or pyrotechnics must
obtain a fireworks permit from the City's Fire Department,which may only be applied for by a licensed
and insured contractor A written request for the permit must be submitted to the Fire Department at
least thirty(30)days prior to the event and approved no later than eleven(11)days prior to the event.
Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum
of two (2)fire fighters will be required to be on-site from the time the fireworks are delivered at the
site. until termination of the display and the removal of all fireworks and debris from the site Payment
for required fire personnel will be the sole responsibility of the applicant and must be made two (2)
weeks prior to the event
The firm or individual responsible for setting up and setting off the fireworks must obtain a
Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance
Section for language and rating requirements)
IV. Open Pit and Bonfire Permit-Separate permits are required for open pit and bonfires, which may
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only be applied for by a licensed and insured contractor Applications for a permit may be obtained
from the Fire Department and must be approved and paid to the City at least two(2)weeks prior to
the event. These activities will require hinng off-duty fire personnel. Such activity on the beachfront
is subject to Florida Department of Environmental Protection regulations governing heat transference
and lighting during Marine Turtle nesting season (April 1- October 31)
E . Miami Beach Convention Center("MBCC") &Adjacent City Parks—Clients of the MBCC, booking a
substantial portion of the MBCC for an event, meetings and/or conventions, may extend portions of their
event(s) to the adjacent parks known as Collins Canal Park and Pride Park must obtain a Special Event
Permit from the City.
The MBCC has first right of refusal for any non-MBCC event wanting to activate in the adjacent City parks.
Should a MBCC event not request to utilize the adjacent parks or the booking is released, the space would
be available for other special events or activations to take place and will require a Special Event Permit.
Events held inside the Miami Beach Convention Center(MBCC) or adjacent City Parks requiring a street
closure must coordinate with the Tourism and Culture Department. Such request(s)will prompt review and
approved from the City s Parking and Transportations Departments when effecting the following roadways
Convention Center Drive, Washington Avenue, 1711, 18"', 19"'Streets and Dade Boulevard. A
comprehensive Maintenance of Traffic("MOT")plan must be reviewed and approved by the City's
Transportation and Parking Department prior implementation
Any request that extends outside to the adjacent Parks known as Convention Center Park and North
Convention Center Park must go through the Special Events office to determine permitting process and
shall the include but not limited to the following requirements: event site plan, insurance, indemnity
agreement security deposit. City service departments such as police, fire, parking, transportation.
sanitation etc , security plan, parking and transportation plans and sanitation plan must be incorporated
into the respective event's agreement with the MBCC and will be coordinated by the MBCC.
F . Ocean Rescue
Depending upon the location and type of event, estimated attendance, and hours of operation_ off-duty
lifeguards may be required The Ocean Rescue Chief will determine the minimum staffing levels for the
number of lifeguards for the event. In addition. due to safety concerns, all footprints east of the dunes must
be north or south of existing lifeguard towers The event footprint may not impede the lifeguard's view of
potential swimmers. The temporary relocation of lifeguard towers for any event is not permitted
G . Parking Department
Overall Parking Plan-A comprehensive Parking Plan which identifies where parking is to be provided for
event staff, equipment vehicles. and event participants, as well as the location and amount of accessible
parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee
Public parking resources may be supplemented with privately owned parking areas to accomplish this plan.
All fees incurred through use of Parking Department resources, which may include meter rentals, off-duty
enforcement officers or rental of lots. must be pre-paid in full no later than two (2)weeks prior to the event.
• Valet ramping spaces are to be used exclusively for ramping and valet related operations All other
activities are explicitly prohibited.
• Parking meters shall not be used for advertising or marketing related activities unless associated
with a special event as defined herein
H . Parks and Recreation Department
I. Facilities and Personnel-Many City of Miami Beach recreation facilities, , and parks are available
for rent during non-programmed hours for special events, and have specific fees, based upon hours
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of usage, including setup and breakdown times Request for usage must be at least one month prior
to the event. Rental payments for such facilities must be made two weeks prior to the event. Proof
of payment must be submitted to the Special Events Office Applicable user criteria will be available
for park venues through the Parks& Recreation Department.
Depending upon the venue nature and scope of the event, the hiring of City of Miami Beach Parks
and Recreation personnel may be required. A City facility (e.g. a building) used for a special event
must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service
and electrical staff charges may be applicable Payment for the staffing is the sole responsibility of
the applicant and must be received no later than two (2)weeks in advance of the event.
II. City Park Fees&User Fees
Pride Park and Collins Canal Park Fees - For events taking place in the Convention Center Park
located in City Center whose boundaries are Convention Center to the east, Meridian Avenue to the
west 18"'Street to the south and 19n'Street to the south and Northern Convention Center Park also
located in City Center whose boundaries are Washington Avenue to the east, Convention Center to
the west, Convention Center north loading docks end to the south and Collins Canal to the north
These two parks have an established park fee of forty cents ($40) per square foot plus an annual
Consumer Price Index ("CPI") increase for the term cycle and for up to the first (15) fifteen days of
activation and two cents ($.02) a square foot per day based on the total square footage every day
after that
Park User Fees-A special event impact fee will be imposed for ail events taking place at a City Park
including. but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park.
SoundScape and North Shore Open Space Park. Lummus Park includes the area east of Ocean
Drive,the park itself,and the beachfront east of the park from 5th-15th Streets. This supplementary
user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services
for the event. These funds will be used exclusively for enhancements to those parks utilized by said
events.
Lincoln Road User Fees- For events taking place on Lincoln Road, Lincoln Lane or the finger streets
from Lincoln Lane South to Lincoln Lane North along Lincoln Road, a special event impact fee will
be imposed This supplementary user fee will be calculated at the rate of twenty-five (25%) percent
of the total cost of City services for the event These funds will be used to enhance Lincoln Road
Due to the unique characteristics of the 1100 block of Lincoln Road, impact fees derived from events
taking place in this area shall be separated and used to enhance the 1100 block of Lincoln Road
exclusively.
I . Police Department
Security Plan and Services-Depending upon the type of special event and estimated attendance.
security personnel, such as off-duty police personnel and private security personnel, may be
required
The Security Plan shall be prepared by the event producer in consultation with the Office of Special
Events and the Crty of Miami Beach Police Department's Off-duty Office. The plan shall specify the
number of off-duty officers or private security guards, if applicable, hired by or expected to be hired
by the applicant. At the option of the applicant. the entire security personnel may be comprised of
off-duty police personnel.
Cost of off-duty police personnel is dependent on the number and rank required As a general rule,
if four or more officers are required. one must be a supervisor (sergeant or above) Larger
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contingents of officers may require additional police supervisors,
Payment for off-duty police services based on the estimate, is required to be paid in full no less than
two(2) weeks in advance of the event. Payment adjustments for off-duty police services, based on
a final invoice, is required to be paid in full no more than two(2)weeks after the event The Chief of
Police or his designee will make the final determination of minimum levels of police security.
Any private security personnel contracted for by the applicant must be licensed by the State of
Florida If security personnel are to be hired,a list of names and license information must be provided
to the City's Police Department no less than two (2)weeks in advance of the event
The City's Police Department may require additional security or off-duty police personnel for crowd
control, traffic control and general security during the event. The minimum number of police
personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event,
date of event time of event, location of event, the site plan for the event, the type of entertainment
during the event, whether alcohol is consumed at the event, and the estimated attendance at the
event.
• Overnight & Backstage Security — Applicants may contract, at their own expense, for off-duty
police services or with private security guards for overnight and backstage security concerns. On-
stage security will be handled by private security at the applicants expense
• Marine Patrol-All water-based special events, or those activities likely to attract crowds to or near
the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach
Patrol. Certain events may require prior written authorization from the United States Coast Guard
and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine
Patrol, or United States Coast Guard, at the expense of the applicant In such cases, written
authorization is required no later than thirty(30) days prior to the event.
• Police Escorts for Entertainment- If so requested, the City may supply police motorcycles or car
escorts for entertainers. This service must be arranged in advance of the event and must be listed
in the proposal for the event. The cost for this service is determined by the City's Police Department
and will be at the applicant's expense
II. Street Closures -Certain streets within the City of Miami Beach may be temporarily closed to limit
or exclude vehicular and/or pedestrian traffic prior to,during. and after any special event. Depending
upon the location additional approval may be required from Miami-Dade County or the State of
Florida The City Manager, in his/ her discretion, may also require applicants to provide "sign-offs"
showing approval from a majority of landlords and/or residents(or their group representatives)whose
direct vehicular access to buildings will be affected by the proposed closure. Regardless of the
jurisdiction,the Chief of Police and the City's Public Works Director must first approve street closures
with final approval retained by the City Manager. Requests for street closures must be made at least
forty-five(45) days prior to the event
In closing a State street (i.e. 5 Street, Collins Avenue, 41st Street, Alton Road, 71st Street, and
Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and
City Manager The application must be processed at least 30 days prior to the event. The applicant
must then forward the completed application to the Florida Department of Transportation ("FDOT")
to receive the FDOT permit FDOT must receive application at least 30 days prior to the event
In order to close a County street (i e Venetian Causeway/17th Street) the application will be
forwarded to the Miami-Dade County Public Works Department by the Citys Police and must be
received at least 30 days prior to the event in order to send to the County for processing.
lit• Barricades & Electronic Signs - Barricades and electronic directional signs may be required,
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depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to
close streets to vehicular traffic The City's Police Department, along with the Parking Department.
will determine the number and location of barricades.
The rental cost of barricades and electronic directional signs will be incurred directly by the event
producer Payment is the sole responsibility of the applicant, as is actual set-up and removal of
barricades on the event date(s)
IV. Parade Requirements-rhe City Code defines "Parade" as any march or procession consisting of
persons, animals, vehicles or any combination thereof, traveling upon any public way, within the
territorial jurisdiction of the City All parades must abide by Section 106-346 of the City Code
Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief
of Police The permit application must be filed not less than 15 days nor more than 90 days prior to
the day on which it is proposed to be held, and simultaneously copied to the Special Events Office
The Chief of Police may revoke a parade permit at any time he determines the parade is to be
conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by
the Chiefs decision may appeal it to the City Manager
V. Bicycle Event Requirements- The City of Miami Beach regulates and permits any bicycle events
on Miami Beach roadways as per the following rules and regulations below
1. Bike events with 25+ riders are required to apply for a Special Event Permit.
2. A minimum 60-day notice is required to present any new bicycle events on major roadways
and thoroughfares before the City Commission, inclusive of the event routes. hours of
impact, and MOT illustration.
3. All potential events must abide by the City's designated pre-approved time-frames that are
consistent with existing City Transportation Traffic Flow Mitigation Plans- "no closure lane
reduction or traffic holds permitted during Rush Hour Traffic Monday-Friday from 7am to
10.00am and 3 30pm to 7pm."
4. All potential events must abide by the City's pre-approved routes on major roadways to
swiftly flush approved bicycle/cycling events in and out of the City with as minimal impact
as possible
5 All potential events must abide by the City's policy such that Off-Duty Police may not staff
the event unless a Special Events permit has been filed with the City's Special Events
office
6. Bicycle/cycling events are prohibited from occurring during major event periods, including'
• October- Halloween, Auto Show, Seafood Festival
• November-White Party Week
• December-Art Basel, New Year's Eve
• January- NCAA Bowl Games Art Deco Weekend, NATPE
• February - Food &Wine Festival. and Super Bowl
• March -Winter Music Conference. Wrnter Party, Spring Break
•April - Miami Beach Gay Pride, South Beach Triathlon
•May -Memorial Day Weekend
• July - July 4th, Swimwear Fashion Week
• September- Labor Day Weekend
IV Demonstrations, Pickets and Free Speech Activities - The First Amendment of the United States
Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly
manner Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets
consist of activities which are generally performed in public in support of or against a person or cause and
which may have the potential for impeding movement along a public right-of- way or other disruption
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Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami
Beach Police Department Patrol Division Commander of their intentions, and to provide details of the
planned activity in order to ensure the health safety and welfare for all concerned. If requested by the Special
Events Office, a copy of an approved Police plan should be provided. There may be instances where the
nature of the demonstration and/or the number of participants(including counter-demonstrators)will require
restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd
control traffic control and general security to the public. Such restrictions will be communicated to the
individual or group prior to the activity. The Special Event Permit Requirements do not apply to such
activities. Demonstrations, Pickets and Rallies must abide by Section 106-346 of the City Code
Property Management-The Property Management Division is responsible for the operation, maintenance,
and repair of over 4 million square feet of municipal buildings, bridges, monuments, ornamental water
fountains, swimming pools. beachwalk, lifeguard stands, parking lots and parking garages As it relates to
Special Events, in the event a permit issued on public property and damages are assessed the Property
Management Division will coordinate with City staff to assess the damage, schedule and manage the
possible repair work via City approved vendors
J. Public Works Department
Right-of-Way Permit-A Right-of-Way Permit must be obtained when there is anchoring to or excavation of
any right-of-way or City property. The method of anchoring or location of any excavation may be denied or
altered by the City based on potential hazards to existing utilities The cost for such permit will be pursuant
to City ordinances(concerning work on the right-of-ways)and may include a cash bond based on estimated
potential damage to City property. Proof of financial ability to cover estimated damages must be submitted
to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public
Works Department will inspect the area in question prior to the event for any hazards. potholes or damaged
fixtures Any problems will be repaired or noted. A visual inspection will take place following the event to
identify any damage to City property caused by the event
Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the
event producer within a time specified by Public Works If the producer fails to complete these repairs in a
timely manner or wishes the City to complete such restoration work,then costs incurred by the City,including
reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be
charged for any, such costs not covered by the deposit (as per Section A Step 1)
K. Sanitation Department
Applicants shall be solely responsible for cleaning the area during and after the event Should the applicant
choose, the City will provide personnel for this function The cost of the clean-up will be calculated by the
City. and will include dumping fees and equipment rental Should an alternate cleaning service be
contracted, the applicant shall be responsible for obtaining all necessary dumpsters, including separate
dumpsters for single-stream recyclables. All arrangements and removal of garbage, trash, recyclables, and
other debris are the sole responsibility of the applicant A City permit authorizing placement of dumpsters
must be obtained through the City's Sanitation Department, and submitted to the Special Events Office no
less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure
an adequate number of litter and recycling containers are on-site. and must encourage guests to comply
with the City of Miami Beach's anti-litter efforts At minimum, one recycling container is required per
designated trash collection area Glass containers and plastic straws are prohibited Applicants shall ensure
that the event site is returned to its original condition within twenty-four hours Failure to dean up after the
event will result in a fine(as per Section III herein)issued to the event producer,as well as additional charges
for City services.
Applicants seeking use of public restroom facilities outside of standard operating hours may also be required
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to hire attendants to facilitate public restroom maintenance and supplies during the event. These services
may be contracted through the Parks& Recreation Department. Proof of payment must be submitted to the
Special Events Office at least two(2)weeks prior to the event.
L. Transportation Department
The City of Miami Beach's Department of Transportation works to ensure city residents and guest to our
tropical paradise have a safe, efficient, balanced and environmentally sound transportation system. Under
guidance of the City Commission, the department helps guide the Transportation Master Plan goals: effort
set forth to achieve an overall multi-modal vision for the City's transportation future
Dune System
• Absolutely no activity is permitted within protected dune area - a minimum of a 25 ft. setback west of
the dune and 25 ft. east of the east dune line shall be required
• Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress
and egress to event site.
• Directional signage must be provided when public access at a dune crossover is blocked
Parking
• Any vehicle parked on the beach shall be prevented from distnbuting fluids on the ground (sand) by the
placement of an absorbent pad under the engine compartment-these pads shall be properly disposed
of once the vehicle vacates the beach
• All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle
Fuel
• The storage of any petroleum product or chemical shall be prohibited unless prior approval has been
issued by the City- storage of such material shall be in accordance with life safety and environmental
regulations-storage shall be in appropriate spill proof containers for type of chemical and use secondary
containment, shall be stored a significant distance away from any population, storage area shall contain
signage identifying the storage site and indicating which type of chemicals are being stored - required
cleanup of any chemicals will be at the expense of the applicant.
• The fueling of vehicles on the beach(event site)shall be strictly prohibited unless given a special fueling
permit where the applicant must act according to approved standards-fuel must be stored in spill proof
containers etc. Such a permit is only approved by the City's Environmental Division
Temporary Construction
• A site inspection, by the City. shall be required pnor to and after an event to ensure that the event site
and surrounding area has been restored to a clean and acceptable condition
• When possible, tents shall be secured with water barrels in place of ground stakes - where ground
stakes are used, the holes shall be filled. compacted and area raked or graded to restore to natural
conditions.
• Any structures requiring permits from the City's Building Department or Public Works Department shall
be required to be reviewed by the City or County Division of Environmental Resource Management
("DERM")for potential environmental impacts.
Live Animals
• The incorporation of animals in any special event shall require adequate ground cover under cages -
material shall be absorbent in nature and not permit the transfer of fluids to the ground.
V. OTHER AGENCIES
A. The Miami Beach Visitors and Convention Authority("VCA")and Cultural Arts Council ("CAC")
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The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an
application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied
approval of a Special Event Permit by the City of Miami Beach. Should the VCA or CAC fund an event. the
appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the
funding terms and conditions of the VCA and/or the CAC.
B. Miami-Dade County
• Permit for Temporary Food Sales - The Miami-Dade County Department of Business and
Professional Regulations, Division of Hotels& Restaurants, sets forth rules and regulations for safe
operation of temporary food service establishments. To obtain the necessary permits, sponsors or
applicants must notify the Department of Business and Professional Regulations no later than three
(3) business days prior to the event. A license fee for a 1-3 day event is forty dollars ($40 00) per
vendor.
• Beach Cleaning- Applicants desiring use of the public beach must arrange for the cleaning of the
beach, prior to, as well as after, the event,as necessary Beach cleaning may be arranged with the
Miami-Dade County Parks Department ora private sanitation company approved by the Miami-Dade
County Parks Department. Proof that clean-up arrangements have been made must be submitted
in writing to the Special Events Office at least two(2) weeks prior to the event
C. State of Florida
• Department of Environmental Protection, Division of Beaches and Shores -- If an event is to
be held on the beach,a State Field Permit is also necessary for all temporary non-portable structures
on the beach, east of the Coastal Construction Control Line. This would include, but not be limited
to, the following types of temporary structures: stages, fences. tents, lighting and sound systems. A
detailed site plan and written narrative description of all installations must be submitted to the Special
Events Office no later than 60 days prior to the event
As conditions of the State Field Permit, the State also calls for the protection of marine turtles during
the marine turtle nesting season, beginning April 1, and ending October 31, in Miami Beach
Conditions relevant to areas east of the Coastal Construction Control Line(CCCL)include. structures
to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical
clearance and shall be located as far landward as possible; no lighting associated with the event is
authorized after 9:00 pm without approval from the State of Florida; and permit holders may be
required to hire turtle monitors from sundown to sunrise. Other conditions,as prescribed by the State
may apply. Field permit request must be filed with the State no less than (30) thirty-days of the
event's load-in date. If the event requires a more complex set up and is multi-day in length, then an
Administrative Permit must be filed with the State no later than(60)sixty days from the event's load-
in date The application must first be reviewed and approved via the City's Environmental and
Sustainability Division prior to filing with the State of Florida
Events requiring exemptions from any of the above marine turtle nesting conditions will need to
provide the City with written approval from the Florida Fish and Wildlife Conservation Commission.
Florida Statutes. Chapter 161, calls for the protection of beach dune systems and impose fines for
damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant
to provide adequate security measures to ensure protection of the dune area from damage that may
be caused by an event.
• Division of State Lands - Depending on the type and nature of the event(s), the Division of State
Lands has the right to negotiate a separate use agreement with the special event producer and will
charge for the use of the land This fee may include a contnbution to the State Lands Trust Fund, as
well as a use fee, and would require State of Florida Cabinet approval. If applicable proof of the
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Division of State Lands approval shall be submitted to Department of Tourism and Cultural
Development before a permit is issued
• Florida Marine Patrol - Any type of water activity held within the City of Miami Beach must give
notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City
provided no less than two(2) prior to the event
• Division of Alcoholic Beverages and Tobacco-- If the event is being produced by a not-for-profit
organization which desires to sell or serve alcohol,the organization must apply for a temporary liquor
license from the State of Florida Division of Alcoholic Beverages and Tobacco under Florida Statute
561.42. In order to obtain the license from the State, a letter of authorization must be obtained from
the City. Prior to the issuance of this letter the following must be submitted:
• Certificates of all applicable insurance including, general liability and liquor liability
▪ A completed Indemnity Agreement
• A signed letter on letterhead from the non-profit organization agreeing to have the temporary
liquor license in the organization's name.
• Florida Department of Transportation
Light Pole Banners— Banners proposed to be placed on State Road light pole require an additional
permit from the Florida Department of Transportation following Design Review approval from the
City's Planning and Zoning Department and approval from the Miami Beach City Commission
Depending upon the scope and nature of the event additional State permits may be required
D. Federal Government
• Federal Aviation Administration - Any type of unusual air activity above the City of Miami Beach
planned in conjunction with a special event, which has the potential to disrupt commercial air traffic,
must be approved by the Federal Aviation Administration (FAA). Approval will be requested through
the City's Department of Tourism and Cultural Development on the applicant's behalf.
• Coast Guard-Any individual or organization planning to hold a regatta or marine parade which, by
nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives
on the navigable waters under the jurisdiction of the U S. Coast Guard, shall submit an application
to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold
such regatta or marine parade Examples of conditions which are deemed to introduce extra or
unusual hazards to the safety of life include. but are not limited to, an inherently hazardous
competition; possible effect on the customary presence of commercial or pleasure craft in the area,
any obstruction of navigable channel which may reasonably be expected to result. and the expected
accumulation of spectator crafts
Where such events are to be held regularly or repeatedly in a single area by an individual or
organization the District Commander may, subject to conditions set from time to time by him/her.
grant a permit for such series of events for a fixed period of time, not to exceed one (1) year
The application shall be submitted to the Coast Guard no less than 30 days prior to the event
The application shall include the following details:
1) Name and address of sponsoring organization.
2) Name, address. and telephone of person or persons in charge of the event.
3) Nature and purpose of the event
4) Information as to general public interest
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5) Estimated number and types of watercraft participating in the event
6) Estimated number and types of spectator watercraft
7) Number of boats being furnished by sponsoring organizations to patrol event
8)A time schedule and description of events
9) A section of a chart or scale drawing showing the boundaries of the event. various water
courses or areas to be utilized by participants officials and spectator craft
V. SPECIAL EVENTS FEE SCHEDULE -EXHIBIT A
SPECIAL EVENTS FEE SCHEDULE
SPECIAL EVENTS PERMITS
PERMIT(PUBLI(PROPERTY)
Average attendees per day
Application Fee Permit Fee Security Deposit
Lb to 150 attendees $258.00 S258.00 $2,500.00
151 to 1499 attendees 5258.00 5258.00 55,000.00
1500 to 5000 attendees 5258 00 5515 00 510,000.00
5000.attendees 5258.00 $515.00
SIO.000.
PERMIT(PRIVATE COMMERCIAL PROPERTY ONLY).
Application Fee Permit Fee Security Deposit
5138 00 5258.00 52500 00
Late Application Fee:$258.00-A late application fee will be charged if the application is received less than sixty(60)days for events on public property.or thirty(
501 days for events on private property A late application fee wit also be assessed if the application fee has not been received by the Special Events office within
seven(71 days following the application°rine submittal
REINSTATEMENT Fee:S258.00/SS15.00-A late submittal fee,equivalent to the determined permit fee per above,will be charged when requirements for
approval of the Special Events permit are not submitted to the City's Special Events office and/or C'-ty Service Departments.All requirements must be submitted
no later than fourteen(14)days in advance of the event's load-in date
Security Deposit:S2,S00/$5,000/$10,000/$20,000•-A refundable security deposit will be required no later than fourteen(14)days in advance of the event's load-
in date Based on the scope and location of the event.a pre.and post-event site inspection will be conducted by the City's Field Monitor and/or appropriate City
personnel to determ^e existing conditions and evaluate potential damages,if any.Security deposits will be refunded approximately in 3.4 weeks after event all
conditions are followed,pubic property is left in as good condition or better,without damage and all City invoices paid in full Failure to comply with cond't:ons
imposed may result in forfeiture of the entire or part o'neons'
WEDDING/CEREMONY/TEAM BUILDING PERMITS
Wedding/Ceremony/Team Building permit Fee -
TEMPORARY SAMPLING PERMITS
Per team,per day Permit Fee Security Deposit
(5 persons total in the same viUmty) _. ..- t 32
OTHER SPECIAL EVENT FEES
Vehicle Access Pass;S1SS.00 per pass/per vehicle/per event
Square Footage Fee:$26 per square foot•7%Sales Tax(N/A with a Concession Ag•eement)AND/OR
Concessions Agreement:
Beach Events 15%of food.beverage.ticket sales and merchandise.2%Resort tax
Non Reach Events 10%of food,beverage.ticket sales and merchandise.•2%Resort Tax
Taxes:you ore required to pay a 7%Store soles tax and a 2%Resort Tax(on food and beverage only! Please remit the 2%Resort Tax payment on a separate check.
User tee:25%of the total City Services not including administrative fees Areas include Lummus Park.Collins Park,Soundscape Park,Lincoln Road.and 1100 block
of L,ncoln Road
Park Fees:$0.30 per sq.ft.plus CPI for the first 15 days,and 50.02 per sq.ft.for each additional day The fee for Convention Center parks is 50.40 per sq.ft.plus
CPI for the first 1S days,and 50 02 per sq ft for each additional day
Light Pole Banners:
Banners announcing Special Events either to be held in City or to be associated in some manner with the City,as determined by the City Commission,may be
' erected up to 30 days prior to the event being announced and must be removed within seven(7)days after such event.
° 552.00 per pole For-Profit/526 00 per pole Non-Profit
o $52 DO administrative fee-per application
Building Department Permits:°ease contact the Building Department for fee schedule,please refer to the Building section of the FORM CENTRAL PAGE
tenting,fencing staging,trussin /goal posts,pool cove,/runways,electrical(generators/temporary power connections),bleachers,plumbing
Special Events Requirements and Guidelines
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(restroom trailers/port-o-a-lets)and Temporary Occupant Load
Police Department:For information on pff-duty Police services please contact off-duty at 305-673-7823,or refer to the fee schedule the FORM CENTRAL PAGE.
Fire Department For information on pff-duty Fire services pease contact off-duty Fire at 786-412-11076,or refer to the fee schedule the FORM CENTRAL PAGE.
Parkin`Meter Rentab:525.00 per space or meter/per day*plus administrative fees.Please contact the Parking Department at 305-673.7505 or refer to the
FORM CENTRAL PAGE
ee Application fees are not refundable;permit fees and security deposits are reimbursed if the event/activity is cancelled,denied,postponed,or in the case of a natural
disaster.Given the event has occurred,public property must be left in good condition,without damages and all City invoices must be paid in full.Failure to comply with
restrictions imposed automatically forfeits the security deposit Additional charges may apply
VII.SPECIAL EVENTS FREQUENCY CHART-EXHIBIT B
FREQUENTLY USE CHART
Designated Event Areas Proposed Me,a of Event Dais Dave-
SOUTH OF FIFTH
l Oct1 3b
(no amplified sound permitted,exludes Pier Park)
LUMMUS PARK-SPOIL AREA WEST OF DUNES(5th-15th Streets)
No Limit
(7th to 9th Streets no longer available for event space)
LUMMUS PARK BEACHFRONT-(5th-15th Streets) 120 days Subject to Turtle Season
OCEAN DRIVE-(5th-15th Streets) No Limit•Coordinate with ODA
.
ESPANOLA WAY-(Washington Ave.to Drexel) No Limit•Coordinate with Espanola BID
UNCOW ROAD-(Washington Ave.to Alton Road) No Limit -Coordinate with IR BiD
•
SOUNDSCAPE PARK(17th Street&Washington Ave.South) 60 days-Coordinate with NWS
FILLMORE THEATHER LAWN(17th Street&Washington Ave.North) No Umit Coordinate with Live Nation
CONVENTION CENTER PARK
(Gty Center-Convention Center Drive bet.18th&19th Streets) 120 days]Priority for MBCCevent;
NORTHERN CONVENTION CENTER PARK-(next to Carl Fisher Clubhouse) No limit/priority for MBCC escncs •
BOTANICAL GARDENS-City Center No Limit-Coordinate with Ga:den
COLLINS AVENUE CORRIDOR -BEACHFRONT-(Uncoln Rd to 22nd Streets) 120 days-Subject to Turtle Season
COWNS PARK-PARK EAST/WEST&SPOIL AREAS-(21st-22nd Streets) ) 120 days•Subject to Turtle Season :a
GOWNS PARK-BEACHFRONT-(21st-22nd Streets) ; 120 days Subject to Turtle Season X44_
BEACHFRONT-(22nd to 36th Streets•excluding residential areas) Subject to Turtle Season&Residential Si n-off o y.
MID BEACH-(beachfront bet.36th-46th Streets) i Subject to Turtle Season&Resi'dential Sign-offs 68-, '
INDIAN BEACH PARK SPOIL AREA(46th Street) 60 da
_----- Ys 29
BANDSHELL SANDBOWL t 60 day 2L
(no amplified sound allowed unkupermitted by City Manager waiver) j
BANDHSELL PARK BEACHFRONT-(72nd-73rd Streets) 90 days 1
OCEAN TERRACE•(bet 73rd&75th Streets) ( 120 Deo
NORTH BEACH-BEACHFRONT -
(64th•87th Ten-ace excluding residential areas) Subject to Turtle Season&Res€dent al Sign=offs 1.
RUE VENDOME Subject to Site Programming p Ya
'dote ail events M subject to Com mun,ty Review ane Require uan-otrt - - _
Special Events Requirements and Guidelines
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EXHIBIT F
Scope of Services for the 2021-2024 Annual Shows
A. Subject to the Producer's compliance with the City's special event permitting
requirements, including any approvals, permit conditions or requirements of any regulatory
agencies having jurisdiction(including,without limitation, the City's Fire Department, Public Works
Department, or Building Department) ("Agencies Having Jurisdiction"), and further subject to
the City approval process provided for in the Agreement (including Section 4 thereof) as
amended herein, the City agrees to the following programmatic scope of activation related to
the 2021-2024 Annual Shows.
1 Notwithstanding any provision to the contrary in the Agreement, the
"Event Site" for the Annual Show shall mean the area east of the eastern boundary of the
sidewalks along Ocean Drive, from 10th Street to 14th Place, limited by the waterline. For
the Annual Shows, the Producer agrees to not activate or use the areas east of the eastern
boundary of the sidewalks along Ocean Drive, from 5`^ Street through the southern end of 107'
Street, and the area east of the eastern boundary of the sidewalks along Ocean Drive on
15'h Street. as such areas shall not be included as part of the Event Site for the Annual
Shows.
2 Notwithstanding any provision to the contrary in the Agreement, the
City agrees that it will not hold any other special event east of the eastern boundary of the
sidewalks along Ocean Drive, from 57'to 15th Street, during the Event Period for the Annual
Shows, with the exception of(a)City of Miami Beach's activation of an event between 6'h Street
and 7" Street in conjunction with a local radio station, which event may take place from the
Friday before Memorial Day through Memorial Day, and which may consist of a booth with a
live broadcast of music (between 10:00 a.m. and 5 p.m.). local radio talent, positive beach
safety messaging about Memorial Day Weekend, and other "fun" or "upbeat" activities; (b)
up to three (3) activations of City-sponsored cultural programming, mutually agreed by the
parties, which may take place each day of the Annual Shows, at mutually agreed-upon
designated areas between 5th Street and 6th Street, and (c) the City's Parks & Recreation
Department programming, mutually agreed by the parties, of activities for children, at a
mutually agreed-upon designated area between 10th Street and 14th Street, provided.
however, that such City children's programming does not conflict with Producer's
sponsorships for the Annual Show City shall provide Producer with details of the final
cultural and children's programming line-up. if any. including a description of the
programming, the location and scheduled hours thereof, no laterthan ninety (90) days prior
to the first day of each Annual Show. Producer agrees to provide information highlighting
the cultural programming on its website Except as specified herein, nothing herein shall
limit the City's approval of special events taking place anywhere within the City of Miami
Beach during Memorial Day Weekend.
3. The Restricted Event Area for each Annual Show, as such Restricted Event
Area is defined in Section 2(n)of the Agreement, may include a ticketed area and concert stage
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as part of each Annual Show. with live music performances from 4 p.m. to 9 p.m. on Saturday
and/or Sunday of each Memorial Day Weekend, and which concert may be followed by a
fireworks display on Saturday and/or Sunday of each Memorial Day Weekend, formally
concluding at 9:30 p.m each night. Subject to mutual agreement between the City and Producer,
the live performances between 4 p.m.and 6 p.m. may include City-sponsored cultural programming.
As any concert produced as part of each Annual Show would be taking place on public property
pursuant to a City special event permit, the City Manager shall have the right to approve the
elements of any concert activation, including the artist line-up and other concert programming, to
ensure any such concert promotes a safe environment and is of high quality, professional, and
suitable for as wide an audience as possible (including audiences of all ages). Producer shall submit
its proposed concert programming elements, including the proposed artist line-up, to the City for its
approval no later than ninety (90) days prior to the Annual Show The City Manager shall either
approve or reject any specific concert programming elements within ten (10) business days of
Producer's submission If the City Manager has not objected to anyconcert element within ten(10)
business days following Producer's written submission of the proposed concert elements, such
elements shall be deemed approved. Notwithstanding the foregoing, a concert programming
element shall not be included as part of the 2021 Annual Show.
4 If a concert event is approved by the City Manager as part of the Annual Show,
the Producer shall complete its breakdown and load-out of the concert stage and related
structures, not later than 120 hours following conclusion of each Annual Show. For each Annual
Show where a concert element is approved by the City Manager, the Parties anticipate the concert
stage and related structures will be generally located between 10th Street and 11th Street. All
other facilities or structures shall be removed in accordance with Section 9(b)of the Agreement.
5 Subject to any limitations required by any Agencies Having Jurisdiction
(including U.S. Coast Guard or Marine Patrol), Producer's proposed powerboat and jetski
demonstrations in the ocean shall begin no earlier than 10:00 a.m_ and shall end no later than
4-00 p.m. on each Saturday and Sunday of each Annual Show.
6. The Lummus Park portion of the Event Site may include, among other
corporate sponsor components to be submitted for approval by the City Manager, along with the
Producer's Event Site Plan, an interactive athletic venue, featuring an"extreme sports"exhibition,
and athletic./cross-fit style obstacle course.
a. Producer, as part of its Special Event Permit Application, shall include a
safety plan, a risk management plan, and details concerning the
qualifications and experience of the third party vendors that will be involved
in the production of any of the foregoing athletic activities.
b All persons participating in any"extreme sports" or athletic activity shall be
required, as a condition of their participation in such activities, to execute a
waiver and release of liability in favor of the Producer and the City of Miami
Beach, in a form acceptable to the City.
c A "military display village" area, featuring all branches of the U.S. Armed
Forces, sponsor tents and related activations, may be located to the east
side sidewalk of Ocean Drive, from 10t" Street to 14' Street, within the
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Producer's Event Site Plan.
d If the Producer successfully makes arrangements with respect to
broadcasting any portion of the Annual Show, the City Manager's prior
written approval shall be required with respect to any use of the City's
name or logo as part of the broadcast.
e Upon mutual agreement of the City Manager and the Producer, the
programming for each Annual Show may include a designated
"children's water zone," for children-focused activities, provided,
however, that in the event the City and Producer mutually agree to
proceed with any such children's activities, the City, through its Parks
and Recreation Department, shall be responsible for activities
involving the direct supervision of children.
7. The Producer shall exercise its best efforts to work with veteran's groups,
including the Salute 365 Foundation, a 501(c)3 not-for-profit organization, and others, to
incorporate, as part of the programming approved pursuant to the Scope of Services for
each Annual Show, charitable components to benefit veteran groups As part of the
activation of each Annual Show, Producer shall include a diversity programming component.
By way of example, such programming may include a historical exhibit that highlights the role
African-Americans have played in the U.S. Armed Forces.
8 Notwithstanding the timelines set forth in Sections 4, 5 and 6 of the
Agreement with respect to the submission to the City of its proposed Event Site Plan, Public
Safety Plan. and MOT Plan (collectively, the "Event Plans") for each Annual Show, Producer
shall provide the City with its preliminary Event Plans, and any other deliverable
contemplated in Section 4, 5 and 6 of the Agreement, within 120 days prior to the
commencement of the Event Period for each Annual Show, in order to provide the City and
Agencies Having Jurisdiction with the opportunity to review and comment on the Producer's
preliminary Event Plans. With respect to the MOT Plan, the City shall, no later than December
1 of the year immediately prior to the year of an Event, provide Producer with additional
guidance as to specific items the City expects to be included in the preliminary MOT Plan
9. The Producer shall submit its final Event Plans, and any other
deliverables contemplated in Sections 4, 5 and 6 of the Agreement, no later than 60 days
priorto the commencement of the Event Period for each Annual Show.
10. As part of its Event Site Plan for the Annual Show, Producer agrees
that its placement of Mobi-mats shall, in addition to accommodating ingress/egress to the
Restricted Event Area, also accommodate the needs of persons with disabilities at the Event
Site(sufficient to permit persons with disabilities to view the activities at each Annual Show).
11 Any changes to the scope of the activation set forth herein, including
changes to the footprint of the Annual Show, hours of operation, days of use. or
programming uses. shall require the City Commission's prior approval
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B. Citv's Permit Fee Waivers,
City hereby waives the following City of Miami Beach Special Event Permit fees
(collectively, "City's Permit Fee Waivers") for each Annual Show, up to the amounts stated
herein:
Application Fee $ 258.00
Permit Fee $ 516.00
Square Footage Fee $ 97,931.76, $.26 per square
(estimate) foot
Vehicle Access Passes $ 3,750.00 (for up to 25
vehicles)
User Fees $ 51,630.00, 25% of City
Services
Total Fees Waived $ 154,061.76*
'The foregoing waivers do not include, and Producer shall remain responsible for, any applicable
Building Department fees (which are not waivable), or the contractual displacement fee due
to the City's exclusive beachfront concessionaire, Boucher Brothers, for the Producer's use of
beach areas otherwise exclusively assigned to the Boucher Brothers as exclusive
concession areas The City agrees to waive its portion of the Boucher Brothers displacement
fee that would be due to the City as a concession fee. Moreover, if prior to each Annual Show.
the City Commission amends the City's Special Event Guidelines and approves any
adjustment to any of the foregoing fees, the total fees waived above shall be adjusted
accordingly
C Notwithstanding any provision to the contrary in the Agreement. and except
with respect to the City's Permit Fee Waivers, the City's responsibility for the costs and
expenses for personnel, staffing or services for public safety, Police, Fire, Ocean Rescue,
Sanitation (trash removal, debris clean-up. recycling, and post-event sand sifting outside of
the Restricted Event Area), sod, landscaping or irrigation line replacement, emergency
management, or any ancillary services related to any of the foregoing for each Annual Show
(collectively, the "Event-Related Public Services"), shall be limited to the not-to-exceed
amount of $350,000 (City's Maximum Contribution), with such annual funding to be
subject to and contingent upon a budget appropriation by the City Commission, at its sole
discretion.
D Producer further acknowledges and agrees that the City's approval of the
activation for each Annual Show as provided herein is expressly contingent upon, and in
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reliance of, the City's contributions being limited to the City's Permit Fee Waivers and the
City's Maximum Contribution for Event-Related Public Services. as mutually agreed upon
herein for each Annual Show.
E. Except with respect to the City's Permit Fee Waivers and the City's Maximum
Contribution. and notwithstanding any provision to the contrary in the Agreement, as amended,
the Producer shall be solely responsible for all costs and expenses relating to its activation,
operation and production of each Annual Show, including,without limitation, all costs that are
the responsibility of the Producer (or "Applicant") as providedin the Agreement (including,
without limitation, temporary public sanitary facilities required under Section 8(a) of the
Agreement, the clean-up costs attributable to Applicant under Section 8(b) of the Agreement,
privately-contracted security to provide public safety within the Restricted Event Area, in
accordance with Section 5 of the Agreement, any parking spaces approved for use pursuant
to Section 7 of the Agreement, and any other item that is the express responsibility of the
Applicant under the Agreement); all fees that are not included in the City's Permit Fee Waivers
or that arein excess of the amounts specified for the City's Permit Fee Waivers, and all costs
and expenses related to the Event-Related Public Services in excess of the City's Maximum
Contribution (each such cost or expense, individually and collectively, hereinafter referred to
as the"Producer's Expenses")
F The City's anticipated Event-Related Public Services for each Annual Show
are estimated to be less than $350,000. based on the costs incurred for Event-Related Public
Services for prior Annual Shows. Producer further acknowledges thatthis amount is merely an
estimate and is subject to change, as the Producer has not yet submitted, and the City has not
reviewed, the proposed final Event Plans for future Annual Shows.
1 As provided in the Agreement, and as public safety-related matters lie
within the sole and absolute discretion of the City, the City Manager's determination as to the
level of staffing or personnel required for any of the Event-Related Public Services shall be
final and binding upon the Producer, To the extent that the City anticipates, at any time prior to
each Annual Show, that due to the City's then-prevailing assessment of general risks or threat
levels, additional Police, Fire or Ocean Rescue personnel is required for an Annual Show, such
that the expenses for the Event-Related Public Services on account of such Police, Fire,
Ocean Rescue, or Emergency Management personnel may exceed the City's Maximum
Contribution, then the Producer shall be responsible for the cost of such additional Police,
Fire, or Ocean Rescue costs In no event shall the City be responsible, or have or owe
any liability or obligation to the Producer for any of the Producer's Expenses, or for
any amount in excess of the City's Maximum Contribution with respect to the costs for
Event-Related Public Services.
2 Following the City's review of the Producer's submission of the
preliminaryor final Event Plans to the extent the City anticipates that the expenses for Event-
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Related Public Services may exceed the City's Maximum Contribution for reasons related to
specific proposed items in the Producer's preliminary or final Event Plans (which vary the
scope of the Event Plans based upon the Scope of Services set forth herein (including, by
way of example, a proposed expansion of the footprint, extended hours, or additional days for
the Annual Show), or due to other scope changes outside of the Scope of Services set
forth herein which are requested by the Producer, then in such event, the City shall provide
the Producer with notice, via email to mickey@mdmgroup.com, of the City's updated estimate
for the Event-Related Public Services, and the estimated portion in excess of the City's
Maximum Contribution for which the Producer shall be solely responsible for, as part of the
Producer's Expenses ("Notice of Estimate").
3. The Producer shall have the option, within fifteen (15) calendar days
following the City's delivery to Producer of a Notice of Estimate, to either (i) provide a written
response to the City confirming that the Producer accepts the amounts identified as
Producer's Expenses as set forth in the Notice of Estimate; or(ii)submit modified Event Plans
to the City for its review, with proposed reductions to the scope of the activation of the Annual
Show (such as reductions with respect to its footprint, hours of operation. or programmatic
plan), as may be necessary for the corresponding Event-Related Public Services for the Annual
Show, as modified, to be implemented within the City's Maximum Contribution (thereinafter,
the "Modified Event Plan"). If Producer accepts its responsibility for expenses identified as
Producer's Expenses pursuant to a Notice of Estimate, Producer shall pay the City, within sixty
(60) days prior to that year's Annual Show, a deposit consisting of fifty percent (50%) of the
amounts identified as Producer's Expenses in the Notice of Estimate (the"Deposit").
4. If the Producer submits a proposed Modified Event Plan for the Annual
Show pursuant to Subsection F.3 above, and if the City Manager is amenable in principle to
the proposed Modified Event Plan (subject to review and approval by any Agencies Having
Jurisdiction), then the City shall provide the Producer with an updated Notice of Estimate with
respect to the corresponding Event-Related Public Services for the proposed Modified Event
Plan,within fourteen (14) days of Producer's submission to the City of the proposed Modified
Event Plan, to permit Producer to review the City's updated estimate of expenses related
thereto,in accordance with the process set forth in this Subsection F.
5. Within ten (10) business days following the Producer's submission of
the preliminary Event Plans, the City shall provide Producer with a Notice of Estimate and
shall follow the process set forth in this Section F with respect to expenses for Event-Related
Public Services If, for the reasons specified pursuant to Subsection F.2 hereof, the City
provides the Producer with a Notice of Estimate based on the preliminary Event Plan and the
Producer fails to respond to any Notice of Estimate within fifteen (15) calendar days following
City's delivery to Producer of a Notice of Estimate, or otherwise fails to satisfy any of the
requirements in Subsection F.3 above, within the timeframe set forth therein (i.e by either
declining to accept responsibility for the Producer's Expenses in the Notice of Estimate, or
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submit the Deposit, or by declining to submit a Modified Event Plan within the City's Maximum
Contribution), then in such event, the Administration shall report on the foregoing status to the
City Commission at the next available City Commission meeting (with email notice to the
Producer thereof), and said Annual Show, at the City Commission's sole and absolute
discretion, may be cancelled for lack of sufficient funding. In the event the Annual Show is
cancelled pursuant to this subsection, then neither the City nor Producer shall have or owe any
obligation or liability whatsoever to each other
6 Within ten (10) days following the Producer's submission of its final Event
Plans, as referenced in Section A.9 herein, the City shall provide Producer with an updated
Notice of Estimate. If such proposed final Event Plans include any Producer-requested scope
changes to the activation approved pursuant to Section A herein, if the Producer fails to
respond to any such Notice of Estimate within fifteen (15) calendar days following City's
delivery to Producer of the Notice of Estimate; or otherwise fails to satisfy any of the
requirements in Section F.3 above with respect to such Notice of Estimate, then the
Producer-requested scope changes shall be deemed abandoned, and the proposed
modifications shall not be approved In such event, the Administration shall report on the
foregoing status to the City Commission at the next available City Commission meeting (with
email notice to the Producer thereof), and said Annual Show, at the City Commission's sole
and absolute discretion, may be cancelled for lack of sufficient funding. In the event the
Annual Show is cancelled pursuant to this subsection, then neither the City nor Producer shall
have or owe any obligation or liability whatsoever to each other.
7 The City shall provide the Producer with the final accounting (settlement) for
the actual costs and expenses for the Event-Related Public Services (less the amount of the
City's Maximum Contribution and the Deposit, if any) within thirty (30) days after the
conclusion of an Annual Show ("Settlement"). Producer shall have the right to request all
supporting documentation with respect to charges being billed to Producer under this
Agreement. City's invoices shall include a breakdown of charges. The Producer shall pay any
amounts in excess of the City's Maximum Contribution (and Deposit, if any) that are the
responsibility of the Producer, as provided herein, within thirty (30) days of receipt of the
Settlement. Any remaining balance of the Deposit,if any. after crediting all amounts that may
be due to the City hereunder, shall be refunded to theProducer within thirty (30) days of
Producer's receipt of the Settlement. If the Producer fails to pay any undisputed amounts due
to the City hereunder within sixty (60) days following City's delivery to Producer of the
Settlement charges, then the Agreement, as amended, shall be automatically terminated.
G For the avoidance of doubt, the provisions of this Amendment No. 5, and all
of the subsections thereof, are expressly intended to replace, and supersede the
provisions of Section 17 of the Agreement with respect to the reimbursement of
expenses. Accordingly,the City and the Producer agree that the provisions as outlined in
this Scope of Services shall govern the parties' obligations with respect to expenses
for each Annual Show. In addition, subject to and contingent upon a funding
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appropriation by the City Commission, at its sole and absolute discretion, and provided
the City does not exercise its right of termination pursuant to Subsection 20(a) of the
Agreement, the provisions of this Scope of Services shall apply to any subsequent
Annual Show, if any.
H. Soonsorshio Recognition. In consideration for the City's contribution to each Annual
Show, with a contract value of up to $504,061 each year, and subject to the approval
requirements and other terms and conditions of the Agreement including, without limitation,
Sections 3 and 13 of the Agreement, the City shall receive sponsorship and media recognition
on all media or promotional platforms related to the Annual Show, and other sponsorship
benefits, similar to the sponsorship package offered to other sponsors providingfinancial or
other support comparable to the City's contribution herein Such sponsorship will include 20 VIP
tickets for all events for the Mayor, Commissioners and appointed officials, inaddition to the
following:
1 Print and Media Recognition. The City will receive the following sponsorship
recognition in any and all print and media purchased by the Producer to promote the
Event including:
a City logo or line listing (as appropriate, as determined by Producer) will
appear with logos or line listings of all major sponsors in one full-page
advertisement running the weekend of the Annual Show in a newspaper
publication of major circulation such as The Miami Herald.
b City will receive recognition (logo or line-listing as appropriate, as
determined by Producer) in select print advertising in local and national
publications City will receive recognition(logo or line-listing as appropriate,
as determined by Producer) in select print promotional materials distributed to
local, national and international media
c City will have the opportunity to produce press releases promoting its
participation in the Event. All approved press releases shall be housed on
the Producer's website in the press room.
d. City will receive sponsorship recognition on any billboards promoting the
Event.
e City will receive sponsorship recognition on Event staging, should the
Producer produce a concert as part of the Event.
f City will receive sponsorship during live commentaries where sponsors
are recognized at the Event.
2 Electronic Recognition The City shall receive the following electronic sponsorship
recognition:
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a. City logo(or line listing, as appropriate, as determined by the Producer)will
appear on the Producer's website, with a link to the City's website.
b. City will receive the following recognition on the Producer's Mobile
App, if any is created for the Event.
c. Recognition (logo or line listing, as appropriate, as determined by the
Producer)on the sponsor acknowledgement page.
d. Ads or other mobile packages may be purchased separately.
e. Any logo recognition and link will remain on the Producer website
from the EffectiveDate of this Agreement until July 31, 2019
3. Concert Tickets, If Producer produces a paid ticketed concert as part of the
Annual Show, City shall receive a minimum of twenty-five (25) complimentary tickets. In
addition, Producer shall offer a 10% discount to members of the military, veterans, and City of
Miami Beach residents
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EXHIBIT G
COVID-19 Plan for the 2021-2024 Annual Shows
A Subject to the Producers compliance with the City s special event permitting
requirements, Including any approvals, permit conditions or requirements of any requlatory
agencies having tunsdiction(including,without limitation,the City s Fire Department,Public Works
Department, or Building Department) ('Agencies Having Jurisdiction'), and further subject to the
City approval process provided for in the Agreement (including Section 4 thereof), the Parties
agree to the following COVID-19 Plan Guidelines for the 2021-2024 Annual Shows
2 Notwithstanding any provision to the contrary in the Agreement, the
Producer agrees to submit a COVID-19 Plan within 120 days prior to the commencement of the
Event Period for each Annual Show, to provide the City and Agencies Having Jurisdiction with
the opportunity to review and comment on the Producer s preliminary Event Plans With respect
to the COVID-19 Plan, the City shall, no later than December 1 of the year immediately prior to
the year of the Event, provide Producer with additional guidance as to specific items the City
expects to be included in the preliminary COVID-19 Plan.
Each Event shall be subject to Miami Dade County and City of Miami Beach Emergency Orders,
with special attention to COVID-19. The following COVID-19 resources,protocols and procedures
can be embedded in the COVID-19 Plan and event programming, with approval by the City
• Miami Dade County Emergency Orders and New Normal
Guidelines
• CDC Community Organizations & Gatherings -
https:i/www_cdc.govICoronavirus.'2019-
ncov!com munity/large-eventsiconslderations-for-events-
gatherinqs html
• CDC Events and Gatherings Readiness and Planning
Tool - https://www cdc govicoronavirusf2019-
ncov,downioads/community/COVID19-events-
gatherinqs-readiness-and-planning-tool pdf
• Florida Department of Health
• City of Miami Beach State of Emergency Declaration and Emergency Measures