a) The selected Proposer shall ensure that all patrons engaging in kiteboarding, or renting kayaks or stand-up paddle boards, possess the requisite skill level to safely operate the equipment, are knowledgeable in proper safety procedures, and are capable of returning to the designated launch and recovery areas without assistance. b) The areas authorized for water sports activities are delineated in the attached maps, see Exhibit A-1 A-2 and A-3. These boundaries shall be strictly enforced. The selected Proposer shall implement and maintain a zero-tolerance policy for any individual who: i. Enters the Bear Cut Preserve; ii. Enters sand dunes or unauthorized beach areas; iii. Launches or lands outside of designated areas; or iv. Violates minimum distance requirements from the shoreline. c) The selected Proposer shall not cite excessive or unfavorable wind conditions, insufficient training of patrons or staff, or inadequate staffing or equipment as justification for non-compliance. Strict adherence to this zero-tolerance policy shall require the Selected Proposer to maintain appropriate staffing levels and operational equipment, including but not limited to megaphones, 4x4 all-terrain vehicles (ATVs), and wave runners, to adequately supervise all patrons. In the event the selected Proposer is unable to provide supervision to the satisfaction of the Park Manager, the water sports concession shall be closed immediately. d) All individual kiteboarders utilizing their own equipment within the designated kiteboarding area shall comply with the kiteboarding safety guidelines established by Crandon Park. The selected Proposer shall be responsible for enforcing these safety guidelines at all times. All kiteboarding instruction provided by the selected Proposer shall include comprehensive training to ensure that participants are familiar with Crandon Park’s kiteboarding rules and regulations; understand the fundamental skills required for safe kiteboarding; and can demonstrate such skills to the satisfaction of the instructor. The selected Proposer shall maintain continuous supervision on the beach to monitor and ensure compliance with all applicable rules and regulations. The selected Proposer shall adhere to all requirements as it pertains to instruction requirements prior to engaging in kiteboarding activities at Crandon Park. Minimum supervision and staffing requirements shall be determined based on weather conditions. Additional and more specific requirements are set forth in the attached Agreement. e) The selected Proposer shall require all individuals who rent kayaks or paddleboards, participate in kiteboarding activities as members or daily guests, rent kiteboarding equipment from the selected Proposer, and/or receive kiteboarding instruction from the selected Proposer, to sign and execute a waiver and full release of liability form (“Waiver”) releasing Miami-Dade County, its agents, and employees from any and all claims, liabilities, or causes of action. The Waiver shall be prepared by the selected Proposer and approved in advance by PROS. The selected Proposer shall submit to the Crandon Park Office a complete and updated set of signed Waivers on a monthly basis. Each patron shall be required to sign a new Waiver on an annual basis. The selected Proposer shall retain all original Waivers in a secure location for the full term of any resultant Agreement. Upon expiration or earlier termination of the resultant Agreement, the selected Proposer shall deliver all such records to PROS at the Crandon Park Office.
