2016-4064 Ordinance ORDINANCE NO. 2016-4064
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING
DIVISION 2, ENTITLED "REVOCABLE PERMIT;" BY CREATING SECTION 82-
96 THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED
ACTIVITY PERMIT, BY ESTABLISHING SUBSECTIONS THAT ARE ENTITLED
"COMMERCIAL OUTDOOR FEE BASED ACTIVITY," "PERMIT APPLICATION;
SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR APPLICATION
REVIEW; APPROVAL OR DENIAL," "PERMIT APPLICATION; ISSUANCE,"
"PERMIT; REQUIRED," "GENERAL PROVISIONS," "PERMIT FEES AND
OTHER CHARGES," "SUSPENSION/REVOCATION; PERMITTEE
CANCELATION," "PENALTIES AND ENFORCEMENT;" PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, within the last few years, the awareness and pursuit of healthier and more
active lifestyles has proven to become progressively popular and the number of private fitness
instructors, yoga instructors, and similar fitness related activities has increased in numbers,
many of which utilize City owned facilities, parks and beaches to conduct their classes and boot
camps; and
WHEREAS, City Code, as currently written, does not allow for any commercial use of
for-profit business ventures to be permitted on City property without City authorization; and
WHEREAS, there is a need to legitimize these private instructors as their activities,
especially if done incorrectly, could impact the safety of the participant, persons nearby and
expose the City to unnecessary liability; and
WHEREAS, the Administration is recommending creating a commercial use permit for
any commercial outdoor fee-based activity at City facilities, parks and beaches, and enforcing
this by amending Chapter 82 of the Code of the City of Miami Beach, Division 2, by creating
section 82-96; and
WHEREAS, the proposed permit would be offered to Miami Beach Based Businesses
on a first come, first served basis and would be limited to a specified number of permits per
location and permits would be issued on an annual basis, based on the City's fiscal year; and
WHEREAS, at the May 13, 2016 Neighborhoods and Community Affairs Committee
meeting, the Committee directed staff to make some changes to the proposal; including
prohibiting the use of pavilions and to reassess the approved park list and directed
administration to take to the full commission once the discussed changes were made.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
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SECTION 1. That Chapter 82 entitled "Public Property," Article Ill entitled "Use of Public
Property," Division 2 entitled "Revocable Permit," of the Code of the City Miami Beach is hereby
amended to create Section 82-96 "Commercial Outdoor Fee Based Activity Permit, and by
establishing subsections therein that are entitled "Commercial Outdoor Fee Based Activity,"
"Permit Application; Submittal and Qualifications," "Criteria for Application Review; Approval or
Denial," "Permit Application; Issuance," "Permit; Required," "General Provisions," "Permit Fees
and Other Charges," "Suspension/Revocation; Permittee Cancelation," "Penalties and
Enforcement;" as follows:
Chapter 82
PUBLIC PROPERTY
ARTICLE III. USE OF PUBLIC PROPERTY
* * *
DIVISION 2. REVOCABLE PERMIT
Secs. 82 96 82 125 Recerved.
Sec. 82-96. Commercial Outdoor Fee Based Activity Permit.
Commercial Outdoor Fee Based Activity: An activity where five or more individuals are
engaged in an organized group that is offered by an individual or business entity for
which a payment or fee is made, directly or indirectly, for the right of a person to
participate or attend the Commercial Outdoor Fee Based Activity (" COFA Activity") on
Public Property.
A COFA Activity may include, but is not expressly limited to, clinics, exercise or
physical training program(s), guided class(es) in aerobics; yoga or tai chi, self-
defense or martial arts class(es), personal improvement instruction, physical
education program(s), Zumba class(es), boot camp(s), circuit training, cross
training, and art classes or any other class, camp, guided activity, program or
related service as determined by the Parks and Recreation Director. A COFA
Activity will require a permit, if any portion of a commercial transaction, activity or
operation takes place, either directly or indirectly, upon the public property as
identified within Section 82-1.
al It shall be unlawful for any COFA Activity to be organized, or offered at a City
park or other public property for which a payment, fee or other consideration is
expected to be made, without a permit issued by the Miami Beach Parks and
Recreation Department (the "Department").
lbj Permit Application; Submittal and Qualifications.
Submittal. A person must submit an application for a COFA Activity permit, in a
form prescribed by the Parks and Recreation Director, to the Parks and
Recreation Department of the City. The failure to submit a completed and
accurate permit application may result in the resection or denial of the application.
The submission of the permit application acknowledges the applicant's
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acceptance of, and willingness to, comply with those Rules and Regulations set
forth by the Department and the permit.
al Qualifications. An applicant must be at least 18 years of age, and must present a
valid picture identification that is issued by a governmental entity of the United
States of America. The applicant must demonstrate the ability to comply with
those Rules and Regulations established by the Department regarding the
COFA Activity. The applicant must obtain a Miami Beach Business Tax Receipt
(BTR), complete the appropriate background check through the City of Miami
Beach Human Resources Department (at the applicant's sole expense), and
submit copy of any other documentation required by the Department before
engaging in the COFA Activity.
Lal Insurance. General liability coverage of not less than $1,000,000 is required by
the Applicant. It shall include the City of Miami Beach as an additional insured,
and shall contain a waiver of subrogation endorsement. All of the Permittee's
certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
Lcj Criteria for Application Review;Approval or Denial.
111 The Department will evaluate the application pursuant to those requirements set
forth within the terms of those Rules and Regulations promulgated by the
Department. The Department will consider the following criteria with respect to
the proposed COFA Activity:
a. Whether the COFA Activity would be a violation of federal or state law or
would be a violation of the City's charter, ordinances, Department's Rules
and Regulations.
b. Whether the COFA Activity is not generally considered recreational in
nature or not a common and customary use of the City's Park.
c. Whether it presents a substantial risk of having a negative impact on the
public health, safety or welfare.
d. Whether it presents a substantial risk of having a negative impact on the
park, and other City-owned property or nearby private property.
e. Whether it presents a substantial risk of having a negative impact on the
public's ability to access or use the park or other public property.
f. The COFA Activity creates a potential for damage to the park, w hic h_
exceeds the value of allowing the COFA Activity.
g, The COFA Activity will likely cause a substantial nuisance to other park
patrons, persons travelling on City streets or to residents or occupants of
nearby private property.
21 The Department may deny any Permit application based on a determination that
the COFA Activity will be detrimental or interfere with the public health, safety
and welfare of the citizens or participants.
gl The Department may deny an application if the application contains false or
misleading statements, or where the applicant has failed or refused to provide
relevant information as required by the Department's Rules and Regulations.
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Lt The Department may deny an application if a Permit for a COFA Activity has
been revoked during the preceding year. The applicant may submit an
explanation or evidence mitigating the circumstances under which the prior
Permit was revoked, or provide documentary evidence that establishes that the
permit was improperly revoked. The acceptability of such explanation or
evidence shall be at the sole discretion of the Department, and does not create
any rights, title, or interest to such COFA Activity permit.
If the Department approves the Permit, the applicant shall be notified in writing,
and must satisfy all prescribed conditions for the issuance of the Permit. The
failure to formally acknowledge, in writing, the conditions of the permit may result
in the approval being withdrawn.
Permit Application; Issuance.
Parks and Recreation Department. The Department is responsible for reviewing
and approving those applications for a COFA Activity permit, and shall be
responsible for administering the Permits application process, including
compliance with those Permit conditions and the Rules and Regulations for the
City.
COFA Activity Park and other Public Property. A Permit may be obtained for a
COFA Activity in a park or other public property to the extent provided for in the
COFA Activity application for permit consistent with those prohibitions set forth in
Section 82-1 and the Department's Rules and Regulations. The Permit may
contain appropriate restrictions for the use of the park or other public property,
including, maximum number of participants or attendees, the nature and extent of
activities, available locations for use within the park, and other requirements,
limitations or conditions prescribed in the Department's Rules and Regulations or
the Permit.
A Permit. A revocable and nontransferable permit issued for one year by the
Department that allows the Permittee a restricted, limited use of a park or other
public property for a COFA Activity upon payment of the prescribed permit fee.
LLll Permittee. An individual, organization, a non-profit or for-profit entity or business
who submits an application to, and obtains a permit from the Department, for the
holding of a COFA Activity. The term "Permittee" includes employees,
contractors and agents retained by or representing the Permittee in obtaining or
utilizing the Permit or conducting a COFA Activity.
Permit; Required.
The City's parks and other public property are intended for a wide array of public uses.
To the extent that a COFA Activity is consistent with those uses allowed in such parks
and is properly regulated, the use of the City's parks and other public property may be
extended to allow, by Permit, for a COFA Activity. The following apply to COFA Activity
to the extent and manner specified.
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Sales of Services in Parks. The City prohibits the sale of merchandise pursuant
to Section 82-1, and a COFA Activity permit will not authorize or permit such
conduct at the City's parks or other public property. The Department will,
through the issue of a permit, authorize the sales of services in parks in the
nature of a COFA Activity conducted at a park, subject to the requirements of
the Department's Rules and Regulations, and the terms and conditions
contained in the issued Permit.
COFA Activity Standards. The Department reserves the right, at any time, to
withdraw from availability any given park or public property location(s) within
the City that may have previously been available for a COFA Activity. A
COFA Activity permit may be restricted to specific days, times, or months and
seasons. The number of COFA Activity permits allowed at each City park will
be regulated based upon daily, weekly or seasonal use; the number of
participants or attendees allowed at any one time; the type of COFA Activity
allowed at a given COFA Activity park; the extent of exclusivity for use based
on the type of COFA Activity allowed; the recurrence of a given COFA
Activity at a specific park or other nearby parks; the locations for use of
COFA Activity within City Parks; Type of equipment used for COFA Activity
activities; and other requirements, limitations and conditions designed to
protect the park in order to ensure that other park patrons have reasonable
access to and use of the park or other public property. All of the information
described above for a specified City park and the applicable requirements,
limitations and conditions will be regularly posted and updated on the
Department's website on miamibeachfl.gov, and will be distributed to the
public by such other means as determined by the Department Director or
designee. The above requirements, limitations and conditions as specified by
Department are referred to in the COFA Activity Permit.
Available COFA Activity Parks. A Permit for a COFA Activity in a City park or
other public property may only be obtained for specifically designed parks and
other public property as determined by the Department Director or designee.
iltn Permit. A Permit issued for a COFA Activity allows the Permittee the privilege,
not the right, of conducting a COFA Activity in a specified park or public property.
The Permit does not grant any property right or any protected right to operate a
business and the Permit shall not be asserted against the Department or the City
of Miami Beach for the purpose of establishing such a right. The permittee is only
authorized to conduct those services specified in the Permit—the sale of goods,
food or beverage are expressly prohibited. A Permit is not assignable. The
Permit must be in the possession of the Permittee at all times during a COFA
Activity.
No Warranties. The Department and the City make no warranties or guarantees
as to the suitability or usability of a park or public property for a COFA Activity.
The Permittee accepts the condition of a COFA Activity park "as is, where is"
without any expectation that the Department or the City will take any action to
make the park more suitable or usable for the Permittee's COFA Activity. The
Department reserves the right to eliminate a park or public property from being
available for a COFA Activity if the Department determines that circumstances or
conditions warrant such elimination.
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If General Provisions.
0) Priorities. A Department or City-sponsored or City-conducted event(s),
program(s) and class(es) have priority over all other requests for use of the City's
parks or public property, including any COFA Activity. Individuals and entities that
have contracted with the City for the reservation and use of a City park or public
property, that have previously scheduled events to be held have priority over all
Permit applications or COFA Activity permits. This provision shall apply to those
events that are permitted prior to, or subsequent to, a Permit being issued for a
COFA Activity.
(2) Competition. Unless expressly authorized by the Permit, a COFA Activity shall
not duplicate or directly compete with existing programming provided by the
Department or the Department's agents or contractors where a COFA Activity
permit is issued or a Miami Beach recreational facility in or adjacent to the park
or other public property where the COFA Activity permit is issued.
(3) Supervision & Control. The Permittee will be responsible for the conduct and
control of the participants and attendees, and must take all reasonable measures
to assure compliance by participants and attendees with all of the City's rules,
regulations and ordinances. All children under the age of 18 years of age must
be properly and continuously supervised during a COFA Activity. The Permittee
is responsible for assuring the following adult per child ratios are complied with:
Ages 3-5, one adult per five children; Ages 6-17, one adult per 15 children.
Right of Access. The Department's staff person shall have full access to all
activities at the COFA Activity, at any time, in order to ensure that all Rules and
Regulations of the Permits are in compliance.
( Permit fees and other charges.
LU The appropriate Permit fee of $200.00 for the year, and application fee of$50.00
must be paid prior to the issuance of the Permit. Any required charges (unless
said charges are deferred for payment at a later date) must be fully paid prior to
approval and issuance of the Permit. A receipt for payment will be provided.
Permit fees are not prorated.
Suspension/Revocation; Permittee Cancellation.
LU Department Reserved Right to Suspend or Revoke. The Department reserves
the right to suspend a COFA Activity during a certain period of time, or to revoke
a Permit at any time due to unforeseen factors or events, including but not limited
to, inclement weather, poor conditions at the public property, emergency repairs,
closure of the park or the portion of the park, or use of the park for a City-
sponsored or City-conducted event or individuals and entities that have
contracted with the City for the reservation and use of Miami Beach Parks. The
Department will notify the Permittee of the suspension or revocation as early as
possible. An alternative park will be offered to the Permittee, if possible. The
Department shall not be liable to, or financial responsible for, the permittee for
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the revocation or suspension of the COFA Activity permit. The conducting of a
COFA Activity or entry upon or use of the park or other public property despite
the Department's suspension or revocation, shall be grounds for immediate
revocation of the Permit, and the removal of the Permittee from the COFA
Activity program for a one year period of time.
al Department Suspension or Revocation with Cause. If a Permittee fails to
substantially adhere to the Department's Rules and Regulations, the
requirements of the COFA Activity, or any terms or conditions in the Permit, the
Department reserves the right to suspend or revoke the Permit at any time, at the
discretion of the Department, and not refund the fees or charges paid by the
Permittee and/or to impose restrictions or prohibitions on the Permittee as to any
future permitting or use of park property, as the Department deems appropriate
under the circumstances. The Department may take such actions should a
Permittee fail to conduct the COFA Activity at the park.
Cancellation by Permittee. All Permit cancellations by the Permittee must be
provided in writing to the Department.
DI Penalties and Enforcement.
01 The following warnings and fines shall be imposed for a violation of this section:
(1) First Violation within a 12-month period: Warning Notice advising of the
infraction, and corrective action to be within twenty four (24) hours of the
issuance of the Warning Notice for all non-life safety violations of this division.
(2) Second violation within a twelve 12-month period . $100
(3) Third violation within the preceding twelve (12) months $250
(4) Fourth violation within the preceding twelve (12) months $500
(5) Fifth violation within the preceding twelve (12) months — revocation of the
permit for the remainder of the permit year in addition to permittee being
prohibited from applying for a permit for a period of one (1) permit year.
{ No warning notices shall be required prior to the issuance of life safety
violation(s), and such violations shall be corrected immediately. Life safety
violations are defined as those conditions which, in the reasonable determination
and iudgment of the City Manager or designee, involve serious danger and/or
risk to the public health, safety or welfare (including, without limitation, blocking
pedestrian pathways and violations of park rules). A life safety violation shall
result in a fine of$1,000.00.
The Department, Code Enforcement Department or the Miami Beach Police
Department shall enforce the provisions of this section. If a Park Ranger, Police
Officer or a Code Compliance Officer finds a violation of this section, the Park
Ranger, Police Officer or the Code Compliance Officer shall issue a Notice of
Violation to the violator as provided in Chapter 30 of the Code, as may be
amended from time to time.
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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 (10) days, shall constitute an
admission of the violation and a waiver of the right to a hearing.
(d) 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 ten (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
Park Ranger, Code Compliance Officer or the Miami Beach Police Officer.
Failure of the named violator to appeal the decision of the Park Ranger, 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. The Special Master shall not have discretion to alter the penalties
prescribed for life safety violations issued pursuant to subsection (i)(b)`herein.-
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or re-lettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after adoption.
PASSED and ADOPTED this /9 day of . '(,n, e/ , 2016.
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9
Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
10:20 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING
DIVISION 2, ENTITLED "REVOCABLE PERMIT;" BY CREATING SECTION 82-96
THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY
PERMIT, BY ESTABLISHING SUBSECTIONS THAT ARE ENTITLED
"COMMERCIAL OUTDOOR FEE BASED ACTIVITY," "PERMIT APPLICATION;
SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR APPLICATION REVIEW;
APPROVAL OR DENIAL," "PERMIT APPLICATION; ISSUANCE," "PERMIT;
REQUIRED," "GENERAL PROVISIONS," "PERMIT FEES AND OTHER
CHARGES," "SUSPENSION/REVOCATION; PERMITTEE CANCELATI ON,"
"PENALTIES AND ENFORCEMENT;" PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration requests amending Chapter 82 of the Code of the City of Miami Beach, entitled
"Public Property," by amending Article III, entitled "Use of Public Property," by amending Division 2,
entitled "Revocable Permit;" by creating Section 82-96 entitled "Commercial Outdoor Fee Based
Activity("COFA") Permit."
ANALYSIS
Within the last few years, the awareness and pursuit of healthier and more active lifestyles has
proven to become progressively popular. This popularity is widespread and evident on public
spaces of Miami Beach. The number of private fitness instructors, yoga instructors, and similar
fitness related activities has increased in numbers, many of which utilize City owned facilities,
parks and beaches to conduct their classes and boot camps. City Code, as currently written,
does not allow for any commercial use of for-profit business ventures to be permitted on City
property without City authorization.
While the intent of an active lifestyle is supported, there is a need to legitimize these private
instructors as their activities, especially if done incorrectly, could impact the safety of the
participant, persons nearby and expose the City to unnecessary liability. Many other
municipalities throughout the United States, and locally, have established a similar permit
application process and fees in order to properly legitimize the specific instruction on City
Page 565 of 1191
owned property. By managing such activities, the City is not only able to better monitor what
instruction is going on, and where, but also provides the ability to screen applicants for criminal
background history, a business tax receipt, insurance and other pertinent information.
The Administration has created a commercial use permit for any commercial outdoor fee-based
activity ("COFA") at City facilities, parks and beaches. The permit would be offered to Miami
Beach Based Businesses on a first come, first served basis and would be limited to a specified
number of permits per location. Permits would be issued on an annual basis, based on the
Citys fiscal year (October 1 through September 30). The fee for the proposed annual permit
would be $200. Applicants would be limited to the use of City approved facilities/locations and
would be required to pay a non-refundable application fee of $50.00, provide a Business Tax
Receipt, provide a valid insurance certificate naming the City of Miami Beach additionally
insured and submit to a criminal background check through the City's Human Resources
Department at the applicant's expense.
Once permits are issued, the Permittee would be granted the right to use the designated areas
in the park(s) listed on their permit application (Exhibit A), as determined by the Parks and
Recreation Department. Permittees with a class, camp, program or related service of 4 or less
participants are not restricted to designated fitness areas, unless they must set up temporary
equipment, such as, but not limited to, cones, resistance bands and agility ladders. Some areas,
which would present conflicts of use, may be excluded. For example, holding fitness classes in
an area dedicated as a children's play area or basketball court will not be permitted. Permit
renewals will be based on past performance, assuming all other requirements have been met.
At the May 13, 2016 Neighborhoods and Community Affairs Committee meeting, the Committee
directed staff to make some changes to the proposal; including prohibiting the use of pavilions
and to reassess the approved park list and directed administration to take to the full Commission
once the discussed changes were made.
Legislative Tracking
Parks and Recreation
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
❑ Ordinance
❑ Exhibit A- COFAApplication
Page 566 of 1191
l.,1 I B A 4
COMMERCIAL OUTDOOR FEE-BASED ACTIVITY ("COFA")
APPLICATION FOR PERMIT
Commercial Use of Dedicated City Property and Parks
for Fitness, Training, Tennis and Other Outdoor Professional Services
Type of Permit Requested Requested Permit Term:
Please check predominant use: ❑ 12 Months(Oct..—Sept.)
❑ Fitness,Cross Training or Professional ,
Exercise Trainer,Medium to High Impact Requested City Location(s)/Park(s):
(Group or Individual)
❑ Yoga, Pilates or other Light Impact Trainer ��
❑ Other
Please Define ,,,
',
Application Date:
Required Permit Holder Information
Name:
Company Name: \ \ \ \.
Contact Person: \ \ / \ \
Address: /'� __-_ �v \ \; ,'� ` . /
/ / \ -
City: / / �y State: Zip Code:
/ I I \ \
Phone Number: '\ Alternate Phone Number:
Fax Number: \\, \ / E-mail-Addres :
;.
/ License and'Certifications
< \ \\ \ \`
(Driver's License or Ide\tificatiori`Ca�,Number*:
Cardiio,,Pulmonary Resuscitation Certification Expiration Date*:
Oth>r,( ch as USTA, Personal Trainer Certification, First Aid Certification,etc.):
\\ ,/
N /
General Liability Insurance Provider*:
Policy Number:
First Aid Certification Expiration Date:
*Permit holder must provide documents as verifiable proof before the Use Permit may be issued.
. Page 576 of 1191
Use Allowed
Programs/activities as described in the program activity description section herein are
allowed and must adhere to the C 0 F A Rules and Regulations attached in EXHIBIT
A. To the extent of any conflict between the program activities authorized in this
Permit and other existing uses, the City of Miami Beach reserves the right to adjust the
uses authorized. This Permit may not be assigned.
Conditions of Permit
(1) Permit holder shall clean the City/park 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 modific\ions
or improvements, or to add locations. \ \ 2
,
i
(3) Permit holder shall at all times maintain i'n their"possession the issued permit
credential in the manner prescribed by rule by th'e,City;of Miami Beach.
---.
(4) Permit holder shall not use the\par\kioc ion if the area has been closed by the City
of Miami Beach due to inclement\weather or-other Yeas"on. The City of Miami
Beach will notify the_permit holder\point,,of contact.of the/closure and may post
signage whenever possible,at the sitey�to`identify"the nature and duration of the
closure.
/ 7 '\
i � � N �V \ \
(5) Approved%park areas may/be used for permitted uses only during the time specified
on the permit. \ / L.__ \
(6) h_hours of use of..non park publics buildings and facilities will be specified in the
l'......, \ ''' -�
(7)/Applicants are limited to the use of two (2) city approved facilities per year.
\\\ . v
vv / /
Page 577 of 1191
I �`t ice-./ C. 1
Permit Fees
All applicants are required to pay a $50.00 application fee at the time of request. In
exchange for this permit, a permit holder shall also pay a nonrefundable permit fee of
$200.00 for the year. Payments must be made payable to the "City of Miami Beach."
The permit fee is for a one (1) year permit from October 1 through September 30 ("Fiscal
Year").
Term/Termination
This permit shall be effective from October 1, unless otherwise/specified, and shall
automatically terminate on September 30 of that same Fiscal,Year., unless terminated
earlier under this provision.
/\ \`
The City of Miami Beach may terminate the permit-at any time if the permit holder fails
to substantially adhere to the Department's Rules and Regulations, the requirements of
the COFA activity, or any terms or conditions'in the Permit without payment refund of
the fees paid by the permit holder.
All permit cancellations by the permit holder must be✓provi ed in writing to the City of
Miami Beach. N
Insurance
•
\ o
Permit holder has provided insurance as prescribed-by rule by the City of Miami Beach
and agrees to maintain,-throughout the permit/term, th`insurance coverage described
on EXHIBIT C, which's attached to and made"/
i part of this permit for all purposes. The
insurance policies shall contain the correct endorsements naming the City of Miami
Beach as an additional insured.1 I
J
Permit holder must\supply,evidence of any`required insurance coverage to the City
of Miami Beach when'registrant-submits the-signed application. If the required evidence
of insurance is- not provided at the t mew registrant submits this application, execution
• of th permit,-by the City of-,Miami Beach shall be delayed until adequate evidence is
i provided. In addition;,if at any time during the term of this permit, City of Miami Beach
arns that any required\insurance\coverage has lapsed or been cancelled, City of Miami
Beach,may immediately terminate h
-this permit.
Certifications
a. Permit applicants providing personal training must have a current Personal Trainer
Certification. Acceptable certifications include ACE, ACSM, AFAA, AFPA, IFPA, NCSF,
ATA and NSCA.
b. Permit applicants must have a current CPR certification.
c. Permit applicants must have a current first aid certification.
d. All certifications must be kept current during the permit term.
Page 578 of 1191
rF
•
Background Checks
The City of Miami Beach shall conduct background checks on all permit applicants and
may deny or revoke a permit for any reason in the City's sole discretion based upon the
information or lack of information obtained. Permit applicant must schedule an
appointment for background screening with the City of Miami Beach Human Resources
Department. The fee for the background check is $75.00 payable to the "City of Miami
Beach", to be paid by applicant.
Compliance with City of Miami Beach Rules and Regulations
In addition to the specific rules and regulations established for,this, permit and use
program, applicant acknowledges that each location/park and perrriit is subject to
general facility/park rules and regulations as currently exist and as maybe adopted
administratively or by ordinance by the City cif Miami Beach and agreesto\abide by
these rules and regulations. '
Program/Activity Description
Describe the program/activity including number of participants expected:
\ �\ \
,\
'\/,
/
/ /
< i ) \ 0 N
/,
Describe.in detail how,the•City Property/Park willbe;used:
l / /�/ \ \\\\
\�
' I
i"Indemn ity/Waiver
Permit holder agrees'to indemnify and hold harmless the City of Miami Beach, its agents,
employees, and assigns, against any liability based upon the services provided by the
permit holder, the issuance of this permit, or the failure of permit holder to comply with
the terms of the permit. Permit holder, permit holder's employees, volunteers, and
clients waive any right they may have had to sue the City of Miami Beach, its officers,
employees, and assigns due to conduct under this permit. Permit holder shall
communicate the terms of this indemnity and waiver to all permit holder's employees,
volunteers, and clients.
Page 579 of 1191
Applicant's Verification:
I verify that all of the above information is true. I have also read, understand, and am
willing to comply with the park use policies and procedures as set forth by the City of
Miami Beach. I agree to the terms of this Commercial Use of Park Use Permit and
application and am authorized to sign on behalf of the Permit holder.
•
Signature of Applicant / Printed Name / , Date
7
N
\
-
/
''v
/
\\\:/' /
/
Page 580 of 1191
^. /\ p �� /� /—L�
Please complete this application and return to the address below:
Mailing Address: Contact:
City of Miami Beach Parks and Recreation Department
Parks and Recreation Department Phone: (305) 673-7730
1701 Meridian Avenue, Suite 401 Fax: (305) 673-7725
Miami Beach, FL 33139 '
.'
\ `
City of Miami Beach Approvals: (office use only)
Verified by: ��~� r�rmn
� Fee/Paid � �
U U 13"1-13 ' Insurance`ApP
rmved
�~�~U
K ` �
�p
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un p*
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Parks and Recreation Department
Approved by:
City of Miami Beach Print Name Date
Director or Designee
\' `
Page 581 of 1191
Y °
Exhibit A
City of Miami Beach
COFA Rules & Regulations Regarding Commercial Use of Dedicated City Property/Park
A fee and use procedure has been approved and rules developed to establish commercial use and location trends
for regularly scheduled health and fitness activity in the City of Miami Beach. This program includes revisions that
protect the public's use and provides health and fitness consultants; and other outdoor professional service
provider's reasonable access, use-based fee structure and equipment limits to minimize damage to the City of
Miami Beach.
Description
COFA An activity where five or more individuals'are engaged in an organized group
that is offered by an individual or business entity for which a payment or fee is
made,directly or indirectly,for the right of a person'to participate or attend
the Commercial Outdoor Fee Based Activity(" COFA Activity")on Public
Property.
i
COFA Activity May include, but-As not expressly limited to:clinics, exercise\or
physical training program(s),/guided class(es) in aerobics,yoga or tai chi,self-
defense or martial arts•class(es), personal improvement instruction, physical
education program(s),Zumba class(es), boot camp(s),circuit training,cross
tra ning,and-art classes or any other class,camp,guided activity, program or
related'service asdetermined bythe'Parks and Recreation Director.A COFA
Activity will require,a permit, if anyvportion of a commercial transaction,
activitt or operation3takes place,either directly or indirectly, upon the public
propertwas identified within.Section-82-1.
1% \ /"
/ \ It\shall be unlawful for any COFA Activity to be organized,or offered at a City
�/ park or other pu bli property for which a payment,fee or other consideration
/ is expected to be made,without a permit issued by the Miami Beach Parks
\ and Recreation Department.
COFA ndards The De P artment rreserves the right, at any time,to withdraw from availability
any given park or public property location(s) within the City that may have
``•previously been available for a COFA Activity. A COFA Activity permit may be
restricted to specific days, times, or months and seasons. The number of
�. \ `-‘,COFA Activity permits allowed at each City park will be regulated based upon
daily, weekly or seasonal use; the number of participants or attendees
allowed at any one time; the type of COFA Activity allowed at a given COFA
\ ,J ) park; the extent of exclusivity for use based on the type of COFA Activity
N / allowed; the recurrence of a given COFA Activity at a specific park or other
nearby parks; the locations for use of COFA Activity within City Parks;type of
equipment used for COFA activities; and other requirements, limitations and
conditions designed to protect the park in order to ensure that other park
patrons have reasonable access to and use of the park or other public
property.All of the information described above for a specified City park and
the applicable requirements, limitations and conditions will be regularly
posted and updated on the Department's website on miamibeachfl.gov and
will be distributed to the public by such other means as determined by the
Department Director or designee. The above requirements, limitations and
conditions as specified by the Department are referred to in the COFA Activity
Permit.
Page 582 of 1191
r,...
• %/ ',i�, wf- y,... r i
Fitness Session Block of time permit holder is allotted to provide service.
Regularly Scheduled Permit holder plans and schedules a series of sessions occurring in
Programming Miami Beach (i.e.daily or weekly).
Approved Locations 18 City and urban area parks,as listed below,excluding off-leash areas,
public walkways, and pre-defined use areas:
• Altos Del Mar
' Brittany Bay Park
▪ Crespi Park
• Fairway Park
• Flamingo Park
• Lummus Park
• Maurice Gibb Memorial Park
' Muss Park j
• Normandy Isle Park ,
• Normandy Shores Park
' North Shoe,Open Space
• North,Shore,Park
▪ Palm Island Park
' Polo Park '\
' Scott RakowYouth'Center
7—', South Pointe Park\
' Stillwater Park
�
,, '.Tatum Park \ \
Excluded Areas Any area specifically;dedicated to a use that would reasonably conflict with
/ \_ \/
/. _\ any approved use-is excluded\o e�mple,holding fitness classes in an area
/ — \dedicated as a children's play area-di basketball court is not appropriate.
\ \
Approved Equipment ) Trainers may not bring equipment to City Property/parks that could damage
`\\'`
/ the facility or pose a'hazard to the general public.
/ These itemsinclud but are not limited to:
//'' T.ractor tires V
___ Vehicles on park property
��,. �`� \ • Cables or railroad ties
K// ' Attaching equipment to trees, hand rails or other fixed items.
\ \�
� Stakes on ground,artificial turf or track
\\\
l � Trainers are allowed to bring yoga mats,water bottles, Dynamax medicine
\\\\-, ) f' balls,rubber and TRX brand suspension bands and cones where
appropriate.
Impact on public use'and Permit holders shall not interrupt existing use of an area by the general
priority of the permit public and the public must always have access to park entrances. Blocking of
public access is prohibited.
Alternatively if a fitness session or lesson has already begun and is in
process,the general public may not interrupt an ongoing fitness class.
Page 583 of 1191
•
i,I r1 ''\/'', At 'i 1
Fee for Adult Professional Fee per Trainer, Instructor:
Services, intended to include $200 annual permit fee and$50 application fee.
fitness trainers, boot camp
leaders,and other exercise
professionals
Permit Credential ID card issued by City of Miami Beach. Permit holders are required to wear
or have with them the permit credential when conducting business on City
property. City retains the right to request proof of permit by requesting
permit credential by any City of Miami Beach employee.
Parking Lots Dedicated parking lots may not be used for any fitness,training or
professional service purpose at any time.
Conduct Permit holders shall be responsible for conducting'the COFA in a safe and
professional manner and for'making certain that participants,attendees and
other park patrons,are treated in a courteous and respectful manner.
Right of Access A MBPR staff person shall have full-access to all activities at the.,COFA,at
any time, in order to ensure that'all rules and regulations and'the Permit
are bring complied with. N /
Permit Application,Submittal and Qual fications. \ ,�\
Submittal`.�Akperson.must submit�an application for a COFA Activity permit, in a
form prescnbediby,the Parks and Recreation Director,to the Parks and
Recreation Department of the -City.The failure to submit a completed and
�� \accurate permit\pp�eation may result in the rejection or denial of the
application.The submission of th'e-permit application acknowledges the
f `•applicant's acceptance of,and willingness to,comply with those Rules and
(/// �� Regulations set forth .by the Department and the permit.
.! )
\ /Qualifications.An applicant must be at least 18 years of age,and must present a
/ valid picture identification that is issued by a governmental entity of the United
,-- /s at tes of America The applicant must demonstrate the ability to comply with
"--N„,� \ \ those Rules and Regulations established by the Department regarding the COFA
�� 7 `Activity.The applicant must obtain a Miami Beach Business Tax Receipt(BTR),
67: \~1 N\ \\complete the appropriate background check through the City of Miami Beach
r Human Resources Department(at the applicant's sole expense),and submit copy
\ of any,other documentation required by the Department before engaging in the
� N 1 COFA Activity.
j
Insura cne,, I General liability coverage of not less than$1.000.000 is required by
the Applicant.It shall include the City of Miami Beach as additional insured,and
.\\/
shall ifi ca contain a waiver of subrogation endorsement.All of the Permittee's
certtes contain endorsements providing that written notice shall be
given to the City shall at least thirty(30)days prior to termination,cancellation or
reduction in coverage in the policy.
Criteria for Application Review,Approval or Denial
The Department will evaluate the application pursuant to those requirements set
forth within the terms of those Rules and Regulations promulgated by the
Department.The Department will consider the following criteria with respect to
the proposed COFA Activity:
Page 584 of 1191
i'•.A ! /\ A ,\! jt:
(a)Whether the COFA Activity would be a violation of federal or state law or
would be a violation of the City's charter,ordinances, Department's Rules and
Regulations.
(b)Whether the COFA Activity is not generally considered recreational in nature
or not a common and customary use of the City's Park.
(c)Whether it presents a substantial risk of having a negative impact on the
public health, safety or welfare.
(d)Whether it presents a substantial risk of having a negative impact on the
park,and other City-owned property or nearby private property.
(e)Whether it presents a substantial risk of having a negative impact on the
public's ability to access or use the park or other public property.
(f)The COFA Activity creates a potential for damage to the park,which exceeds
the value of allowing the COFA Activity.
(g)The COFA Activity will likely cause a substantial nuisance to other park
patrons, persons travelling on'City'streets or to'residents or occupants of nearby
private property.
•
The Department may deny any Permit application based‘on a determination that
the COFA Activity4ill be detrimental or-interfere with the public health,safety
and welfare of the citizens or participants/ , ,'
�
The Department may deny,an'application if the application contains false or
misleading,statements, or where the applicant has failed or refused to provide
relevant info ration as required by the Department's Rules and Regulations.
The Department may,deny an applicationif.a Permit for a COFA Activity has been
revoked during the preceding year.The applicant may submit an explanation or
/�— ` evidence mitigating the circumstances-under which the prior Permit was
,r evoked,or provide documentary evid nce that establishes that the
\ /
' permit was improperly revoked.The acceptability of such explanation or
evidence shall beat the sole discretion of the Department,and does not create
<-'
\ \ a ny, rights,title,or i�erest to such COFA Activity permit.
,\\, If-the-Department-approves the Permit,the applicant shall be notified in writing,
/�—-\ �fand must satisfy all prescribed conditions for the issuance of the Permit.The
,` failure to formally acknowledge,in writing,the conditions of the permit may
�l \ result in the approval being withdrawn.
Sales of Services in Parks\ The City,prohibits the sale of merchandise pursuant to Section 82-1, and a COFA
\`� \�i, Activity permit will not authorize or permit such conduct at the City's parks or
\ \ 1 other public property.The Department will,through the issue of a permit,
J ) authorize the sales of services in parks in the nature of a COFA Activity
„ `\\:\\\\
/ conducted at a park,subject to the requirements of the Department's Rules and
\ � /
� Regulations,and the terms and conditions contained in the issued Permit.
Competition \/ Unless expressly authorized by the Permit,a COFA Activity shall
not duplicate or directly compete with existing programming provided by the
Department or the Department's agents or contractors where a COFA Activity
permit is issued or a Miami Beach recreational facility in or adjacent to the park
or other public property where the COFA Activity permit is issued.
Suspension,Revocation, Permittee Cancellation
The Department reserves the right to suspend a COFA Activity during a certain
period of time,or to revoke a Permit at any time due to unforeseen factors or
Page 585 of 1191
events, including but not limited to: inclement weather,poor conditions at the
public property emergency repairs,closure of the park or the portion of the park,
or use of the park for a City-sponsored or City-conducted event or individuals and
entities that have contracted with the City for the reservation and use of Miami
Beach Parks.The Department will notify the Permittee of the suspension or
revocation as early as possible.An alternative park will be offered to the
Permittee, if possible.The Department shall not be liable to, or financial
responsible for,the permittee for the revocation or suspension of the COFA
Activity permit.The conducting of a COFA Activity or entry upon or use of the
park or other public property despite the Department's suspension or
revocation,shall be grounds for immediate revocation of the Permit,and the
removal of the Permittee from the COFA Activity program for a one year period
of time.
If a Permittee fails to substantially adhere to tfie,Department's Rules and
Regulations,the requirements ofthe COFA Activit,orany terms or conditions in
the Permit,the Department reserves the right to suspend or revoke the Permit at
any time,at the discretion-of the Department, and not refuncl.the fees or charges
paid by the Permittee and/or to impose-restrictions or prohibitions on the
Permittee as to any future permitting or use of park property,'as the Department
deems appropriate under the circumstances.The Department may take such
actions should a Permittee;faifto conduct the COFA Activity at the park.
i
All Permit cancellations by the Permittee must be provided in writing to the
�
Department. ��
,
\ �, .. �,,
Penalties and Enforcement
-(a) The following warnings and.,fin s shall be imposed for a violation of this
/
\\section: Z -'
f
(1) First Violation within a 12-month period:Warning Notice advising of the
infraction, and corrective action to be within twenty four(24) hours of the
• < N issuance of the a
,W
' rning Notice for all non-life safety violations of this
/di4ision. N
\ ". (2)-Second violation-within a twelve 12-month period$100
,'---- (3)Third violation,within the preceding twelve(12)months$250
/ ,Z--------.' s`N �.,(4)Fourth violation within the preceding twelve(12)months$500
N. (5)Fifth violation within the preceding twelve(12)months-revocation of the
' "N . permit for the remainder of the permit year in addition to permittee being
\ prohibited from applying for a permit for a period of one(1) permit year.
\f'
\\\:\\,
(b)No warning notices shall be required prior to the issuance of life safety
violation(s),and such violations shall be corrected immediately.Life safety
violations are defined as those conditions which, in the reasonable
�� determination and judgment of the City Manager or designee,involve serious
,, \,,
danger and/or risk to the public health,safety or welfare(including,without
`l•-. f limitation,blocking pedestrian pathways and violations of park rules).A life
safety violation shall result in a fine of$1,000.00.
(c)The Department,Code Enforcement Department or the Miami Beach Police
Department shall enforce the provisions of this section.If a Park Ranger Police
Officer or a Code Compliance Officer finds a violation of this section,the Park
Ranger. Police Officer or the Code Compliance Officer shall issue a Notice of
Violation to the violator as provided in Chapter 30 of the Code,as may be
amended from time to time.The Notice of Violation shall inform the violator of
Page 586 of 1191
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
(10)days,shall constitute an admission of the violation and a waiver of the right
to a hearing.
(d) 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 ten (10)'days'of the issuance of the notice
of violation. '
Supervision and Control Permit holder is responsible for the conduct and control of the
participants and attendees and must'take all reasonable mea`sures to
assure compliance.by participants'andattendees with all MBPR rules and
Ru
regulations,these COFA les,and Regulations and the Permit.All
children under the age of 18 year.s'of age must be properly and
continuously supervised during'aCOFA. Permit holder is responsible for
assuring the following adult per child ratios are complied with:Ages 3-5,
one adult per-five children;Ages•6-17;one adult per 15 children.
\ \ �.
Rules and Regulations All Park Use Rules and Regulations and`Administrative Citations Rules and
/f --`•\Regulations adopted by`MBPR,shall be applicable to a COFA unless
f/ / otherwise expressly/Provided in the'COFA Rules and Regulations or the
issued permit. In particular,the following rules and regulations shall be
applicable: \ \
(a)—A COFAShall be limited to the Miami Beach park specified in the Permit or
\\:\\ "✓ 7----at-such park–specified by an authorized MBPR representative. The Permit
\ must be`on/ite during a COFA and available for inspection. If MBPR
\ provides the Permittee with other means of identification or requires the
/ \ \ Permittee to provide other means of identification, that identification
\ \must be displayed during the COFA as specified by MBPR.The COFA must
\ \ N. cease and the park must be vacated promptly upon expiration of the time
period specified in the Permit.
(b) COFA Hours. A Miami Beach park shall be permitted for a COFA only
\� during park operating hours.Alcohol beverages(including beer,wine,hard
`\ \j, / liquor, and mixed drinks containing any quantity of alcohol) and illegal
\ substances are strictly prohibited. Persons appearing to be under the
\,/, influence of alcohol or illegal substances will be denied access to, or
directed to leave the Miami Beach park where the COFA is located.
(c) Gambling of any form is strictly prohibited.
(d) Weapons of any kind are not allowed.
(e) Any substance of an explosive, highly flammable, hazardous, or toxic
nature is strictly prohibited in a Miami Beach park,including fireworks.
Page 587 of 1191
.r
(f) Any activities or conduct which results in destruction of, damage to, or
removal of any trees, vegetation, amenities or features in the Miami
Beach park, or other unauthorized changes to a Miami Beach park, are
strictly prohibited.Any authorized changes to a Miami Beach park must be
expressly stated in the Permit.
(g) All structures, amenities, equipment and features which are part of the
park where the COFA is located are to be used for their intended purposes
and not converted to uses or activities,for'the COFA.
(h) A COFA may not be conducted,so that it blocks or significantly hinders
public access to or through'a pad<. or motorized or non-motorized
vehicular traffic where such traffic'is allowed. This applies to, but is not
limited to, park entrances>trails, sidevvalks,`park roads, park promenades,
and parking areas.
(i) Machinery, equipment, canopy, tent, furniture or\lar`ge or heavy materials
shall not be'brought, installed or constructed on'any Miami Beach park,
unless expressly'authorized in the Permit. No equipment, furniture or
other amenities,will'be provided,b'MBPR.
N
(j) ,Electrical equipment-may not be connected to any electrical plug in a park
\without,Swritten permission of the Parks and Recreation Department.
Water-systems in a park, other than the ordinary use of water fountains,
ma y not be.ut ized as part of`a COFA without written permission of the
Parks and Recreation Department.
'-(k) Noise ordinance-will be enforced.
f \
% (I) No machinery, equipment, canopy or tent of any kind shall be attached or
i secured to any'tree, facility or structure, including handrails and park sign
/ L posts. \� ��
\ ,/(m) Parking,Park Promenades, Restrooms, Pavilions, Playgrounds, Tennis
Courts, Basketball Courts, Dog Parks and Dog Areas, Golf Courses,
Swimming Pools and Running Tracks. Points and Parking areas and Park
\ \ \ Promenades to the permitted park may be specified or restricted as stated
\m the Permit or as otherwise provided by MBPR. Restroom facilities to be
\, \ "� \1 ,Mused by participants and attendees may be specified or restricted as
stated in the Permit or otherwise provided by MBPR. Pavilions,
�'\. `\\ Playgrounds, Tennis Courts, Basketball Courts, Dog Parks and Dog Areas,
f Golf Courses, and Swimming Pools may not be used as part of a COFA.
\\///\ Running Tracks may only be utilized for its intended use of walking,
\
/ Running
or running, and cannot be used for any kind of exercise.
Equipment is not allowed on the Running Track. It is the responsibility of
the Permittee to make certain that participants and attendees comply
with any specifications or restrictions on Parking, Park Promenades,
Restrooms, Pavilions, Playgrounds, Tennis Courts, Basketball Courts, Golf
Courses,Swimming Pools and Running Tracks.
(n) Trails, Paths and Park Roads. Certain types of COFA's may utilize trails,
paths and park roads in or connecting to a park. MBPR reserves the right
to specifically identify segments of trails, paths and park roads in the
Permit that may be utilized for the COFA and only to the extent authorized
Page 588 of 1191
•
in the Permit. No more than fifty percent (50%)of the width of a trail,path
or park road, excluding dedicated bicycle lanes, is to be utilized for a
COFA, unless expressly authorized in the Permit. A COFA does not have
exclusive or even dominant use of a trail, path or park road. Any exercises
or activities conducted in periodic stops along the trail, path or park road
must be performed off of the trail, path or park road but within ten feet
(10') of the trail, path or park road. The participants and attendees
engaged in a COFA must yield to public's right to access and use the trail,
path or park road.
(o) Public access on and use of the park, trails, paths and park roads may not
be denied for a COFA or restricted to,the point of hampering the public's
enjoyment of the park or the,park,trail, path or park road.
(p) Motor vehicles must bevparked in 'public,parking spaces, unless the
Permittee or it's participants are Miami Beach,Residents and can legally
park in a residential parking spot. All traffic'law "and Park Use Rules and
Regulations regarding the movement and location Of motor vehicles shall
be observed.Motor vehicle access to a location within a Miami Beach park
is not allowed. / `\
(q) Storage of any items on.site isstrictly prohibited. Unattended items will be
:regarded as being abandoned and disposed of.
(r) Trashi'and debris associated,with•the COFA must be bagged and promptly
removed fro\th'e,park. The'locati� of the COFA and surrounding park
area must be left;in the'same condition in which it was found.
\ /
\..
\'(s) No equipment or fitness accessories' ries made out of polystyrene, such as
i j/ `\ �; foam rollers,,'yoga bricks and yoga mats, will be allowed on public
property.\\ \\
\\C
//(t)/—' Any filming or videotaping of the COFA is not allowed unless written
'N \\,,,./' —.permission,is obtained from the Parks and Recreation Department,
7 —__� Department ofTourism,Culture and Economic Development, or any other
�., designated City departments.
...\\\\2 I
\:: ,\,,,,:////
Page 589 of 1191
Exhibit B
City of Miami Beach
Background Check Consent Form
AUTHORIZATION/CONSENT
During the application process and at any time during the tenure of my Approved Permit for
Commercial Use of Dedicated City Property and Parks for Fitness, Training, Tennis and Other
Outdoor Professional Services with the City of Miami Beach, I hereby-understand and agree
that the City of Miami Beach will initially require me to undergo a`Background Check and
from time to time require me to submit for subsequent Background Tests'at my cost. This
report may be compiled with information from courts record repositories, departments of
motor vehicles, past or present employers and educational institutions,\governmental
occupational licensing or registration entities,`business or persoiial references, and any other
source required to verify information that I have voluntarilysupplied. I understand that I may
request a complete and accurate disclosure of the,nature.,and scope of the background
verification, to the extent such investigation includes information bearing on my character,
general reputation, or personal characteristics. `
Applicant/Permit Holder,Signature �,� \ ;` `-✓ Date
\ s
\< / �
\ \
/ 1
\ \ % \_ z �
Applicant/Permit Holder..Prin'ted-Name \-%
` Social Security Numl3e\\\\ \\ Date of Birth*
* For identification purpos` only
\ \
\\ /
Please atta\chh\a/copy of your driver's license to this form.
BACKGROUND VERIFICATION DISCLOSURE
This is used to inform you that a consumer report is being obtained from a
consumer reporting agency for the purpose of evaluating you for the issuance of a permit
to provide Health, Fitness, Tennis and other outdoor fitness services on City of Miami
Beach. This report may contain information bearing on your character, general reputation,
and personal characteristics from public or private record sources.
Page 590 of 1191
1
.
.. - t �.. , _ Exhibit C
Insurance Requirements
The following outlines the insurance requirements that are required for you to be a commercial health,fitness,Tennis and
other outdoor professional service provider for the City of Miami Beach. Please give this document to your insurance
agent.He/she will assist you in meeting the insurance requirements.Additionally,the City of Miami Beach will require from
you a Certificate of Insurance so that we may have verification of your coverage on file.
A. General Requirements.
(1) The registrant shall at a minimum carry insurance in the types and amounts indicated below for
the duration of the Contract and during any warranty period.
(2) The registrant shall forward Certificates of Insurance with the,endorsements required below to the
City of Miami Beach as verification of coverage.
(3) Registrant shall not commence sessions until the,required insurance is obtained and has been
reviewed by the City of Miami Beach. Approval of insurance by the City of Miami Beach shall not
relieve or decrease the liability of Registrant hereunder,and shall not be construed to`be alimitation of
liability on the part of Registrant. , .
V v ��
(4) Registrant's insurance coverage shall be written by companies licensed'to do business in the`State
of Florida at the time the policies are issued and shall.bewritten-by companies with A.M. Best
ratings of B+VII or better.
i
(5) All endorsements naming the City of-Miami Beach as additional insured, waivers, and
notices of cancellation endorsements'as well as the Certificate of'lnsurance shall contain
the following information: \ \ ' . \ \\
City of Miami Beach \ \
Risk-Management � ��
i
Attn:Sonia-Bridges ` \' '
/1700 Convention Center Dr.,3`d'Floor"
< Miami Beach,FL'33139
i / \
(6) The 'others' insurance clause shall not apply,to the City of Miami Beach where the City of Miami
Beach is an`additional insured shown--on an policy. It is intended that policies required in the
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application covering both City'of-Mia` Beach-and Registrant, shall be considered primary coverage
.i as applicable.\.
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/,,--
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(7) If insurance policies are not written for amounts specified below, Registrant shall carry Umbrella or
Excess Liabillity,I suranc\for any differences in amounts specified. If Excess Liability Insurance is
provided,it shall follow the form of the primary coverage.
.J`
\(8) City of Miami Beach\shall be entitled,upon request and without expense,to receive certified copies of
\\ policies and endorsements thereto and may make any reasonable requests for deletion or revision or
\\dification o�particular policy terms, conditions, limitations, or exclusions except where policy
hprovisions are established by law or regulations binding upon either of the parties hereto or the
underwriter n any such policies.
(9) City of,Miami Beach reserves the right to review the insurance requirements set forth during the
effective period of this permit and to make reasonable adjustments to insurance coverage,limits,and
exclusions when deemed necessary and prudent by the City of Miami Beach based upon changes in
statutory law,court decisions,the claims history of the industry or financial condition of the insurance
company as well as Registrant.
(10) Registrant shall not cause any insurance to be canceled nor permit any insurance to lapse during
the term of the permit or as required in permit rules.
(11) Registrant shall be responsible for premiums,deductibles and self-insured retentions, if any,stated
in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of
Insurance.
Page 591 of 1191
(12) The insurance coverage's specified below are required minimums and are not intended to limit
the responsibility or liability of the Registrant.
B. Specific Requirements.
Note: If you are a sole proprietor, then section B1: Worker's Compensation and Employers' Liability
Insurance, does not apply to you. Instead, refer to Exhibit E, Workers' Compensation Insurance
Requirement for Sole Proprietors.There, you will find a letter which you need to place on your company
letterhead,sign,date,and return to City of Miami Beach.The letter tells City of Miami Beach that you are a
sole proprietor and therefore do not need worker's compensation insurance. However, if you have
employees performing services,this insurance is required.
(1) Worker's Compensation and Employers' Liability Insurance.Coverage'shall,be consistent with statutory
benefits outlined in the Texas Worker's Compensation Act(Section 401).The minimum policy limits
for Employer's Liability are$100,000 bodily injury each accident,$500,000 bodily injury by disease
policy limit and$100,000 bodily injury by disease each employee.
(a) The Registrant's policy shall apply to the'State'of Florida and include
these endorsements in favor of the City4pf Miami Beach:
(i)Waiver of Subrogation,Form WC 420304 .`,
(ii)Thirty(30)days'Notice of Cancellation,Form WC'420601 ,
(2) Commercial General Liability Insurance.,The minimum body injury and property damage per
occurrence are$500,000 for coverages A and B. N \
(a)The policy shall contain the followin \\
O P Y g proJisi .,. \
�, A
(i) Blanket.contractual liability coverage for.liability assumed under this Contract and all Contracts
related to this project. �` \\ , �
(ii) Independent Regi\rant's Coverage. /
/
(b)The policy shall also include these endorsements in favor of the City of Miami Beach:
\(i)W a i v e r of Subrogation, Endorsement CG�2404
(ii)\Th rty(30)days Notice.of_CancellationnEndorsement CG 0205
(iii)The City�of Austin listed as an additional insu?ed,Endorsement CG 2010
_ _ \/
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(3) Professional Liability Insurance Coverage.Ata.minimum limit of$100,000 per claim,to pay on behalf of
the,assured all sums which the assured shall become legally obligated to pay as damages by reason of
// any negligent.act,error,or\omission arising out of the performance of professional services under this
permit. \ \, \
\`.,\ If coverage is written N.
on a claims made basis,the retroactive date shall be prior to or coincident with
�� the date of the application and the certificate of insurance shall state that the coverage is claims made
and indicate the retroactive date.
N/'
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Pacie 592 of 1191
P
-- --=--• ` '= ` _' Exhibit D
Workers' Compensation Insurance Requirement for Sole Proprietors
This letter can be used by a sole proprietor who,will complete the entire job by himself with no employees or
subcontractors. The letter shall be written on the contractor's letterhead and be submitted with the
certificate of insurance indicating coverage for all other lines of insurance required by the City of Miami
Beach.
This statement is being submitted in lieu of a certificate of insurance for the workers'
compensation insurance coverage required by the City of Miami Beach. I am a sole proprietor with
no employees. (Name of activity) . will be completed by
myself without employees or subcontracted assistance. .
i
I understand that if I hire anyone as an employee I- will purchase Workers' Compensation
Insurance coverage for the required limits and provide a certificate"of insurance indicating this
coverage immediately. If I hire a subcontractor I will provide the'City'of Miami Beach with'the
required proof of insurance for Workers' Compensation for;each` ubcontractor. I understand
that Workers' Compensation is required for all persons hired by me in the performance of my
services. ,\ N\_
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Print Instructor's Name %� \ �\, // Date
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Instructor's"Signature \ \%f \ )'
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