C7AG -  

Resolutions - C7 AG

C7 AG A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, (I) ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT AS PERMITTED IN SECTION 2-367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; (II) APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE FISCAL YEAR 2026 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AB SWIM, LLC, SAID AMENDMENT INCREASING CONTRACTOR'S FEE BY $50,000, FROM A NOT TO EXCEED TOTAL FEE OF $100,000 TO A NOT TO EXCEED TOTAL FEE OF $150,000; AND (Ill) AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AMENDMENT. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration supports increasing Section 4 of the Professional Services Agreement between the City of Miami Beach and AB Swim, LLC entitled “Fee” for Fiscal Year 2026 and all subsequent fiscal years that the program is offered by the Parks and Recreation Department from $100,000 to a not to exceed amount of $150,000. This increase reflects a revenue-sharing arrangement. The Administration further recommends waiving the formal competitive bidding requirement, finding such waiver to be in the best interest of the city as this contractor has been the established vendor providing competitive swim team services for the city since the summer of 2024. (Exhibit A)

BACKGROUND/HISTORY

In October of 2021 the City entered into a Professional Services Agreement with Swim Gym LLC pursuant to a Request for Letters of Interest (RFLI) issued by the City’s Procurement Department on 2021-212-JA Swim Team Programming. On May 21, 2024, Swim Gym LLC advised the City that it was no longer able to provide services and asked to terminate their agreement with the City. The termination was executed by the City on May 23, 2024.

In order to keep the established program running providing for continuity of services, the City initiated an Independent Contractor Agreement with Alfredo Eduardo Rios Bracho who was an existing coach for Swim Gym and who expressed interest in wanting to continue to work with coaching the children on the team. (Exhibit B).

In Fiscal Year 2025, Mr. Rios Bracho established his own business (AB Swim, LLC) and the City entered into a Professional Services Agreement for competitive swim team programming to again maintain the continuity of the program with an established swim coach that had built rapport and connection with the swim team children and parents. The fee structure of the agreement delineates that the contractor is responsible for registering the participants into the program and collecting payment for the program as established per the following:

• •

Participant Fee Per Monthly Session: o Miami Beach Residents: $160.00 (2 times per week) o Non-Residents: $200 (2 times per week)

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Participant Fee per Monthly Session: o Miami Beach Residents: $180 (3 times per week + 2 dry land practices) o Non- Residents: $225 (3 times per week + 2 dry land practices)

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Participant Fee per Monthly Session: o Miami Beach Residents: $200 (5-8 times per week + 2 dry land practices) o Non- Residents: $250 (5-8 times per week + 2 dry land practices)

Contractor retains 70% of participant fees collected with the City receiving 30% of the revenue collected by the contractor from programming fees. Items that do not have a revenue split include:

• • •

Uniforms: team bathing suits, caps, sweats, towels and sport bag Equipment required: goggles, mesh bag, paddles, fins, kickboard and frontal snorkel USA Swimming registration fee 2025-2026: $90

ANALYSIS

To date the program has 72 children enrolled with programming taking place Monday-Saturday at the Scott Rakow Youth Center Pool. The success of the program has necessitated increasing the total sum of the contractor’s fee to $150,000. Section 2-366 of the City Code requires City Commission approval when the value is in excess of the formal bid threshold for goods and services currently established at $100,000. Increasing the contractor’s threshold to $150,000 allows the contractor to be able to register and service more children in the program subject to space limitations. The Administration recommends executing an amendment to the agreement increasing the contractor fee by $50,000 from a not to exceed total fee of $100,000 to a not to exceed fee of $150,000 subject to funding appropriation and approval during the City’s annual budget process. Additionally, the Administration further recommends waiving the formal competitive bidding requirement, finding such waiver to be in the best interest of the city.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

N/A

CONCLUSION

The success of the Swim Team program requires increasing the contractor fee to $150,000 in order to be able to accommodate more children in the program (subject to space limitations) as the Contractor is at the cusp of reaching his current not to exceed amount of $100,000. It is further recommended to also waive, by 5/7 th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the city to allow for program stability and uninterrupted service.

Attachments:

Exhibit A – FY 26 PSA AB Swim

Exhibit B – ICA Alfredo Rios Bracho

Applicable Area

Middle Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Parks and Recreation

Sponsor(s)

Co-sponsor(s)

Condensed Title

Approve PSA w/ AB Swim, Increase Contractor’s Fee/Waive Bidding. PKS 5/7