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HomeMy WebLinkAboutAmendment No. 2 to the Agreement between the CMB and Bettoli Trading Corp. d/b/a Bettoli Vending for operation of snack vending machine concessions at various locations on City of Miami Beach properties Pursuant to Request for Letters of InterestZo2b - 3fa Z 11 Docusign Envelope ID: F599�]D&B282A9DCE3D2-DBB8528eBE18 AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BETTOLI TRADING CORP. D/BIA BETTOLI VENDING FOR OPERATION OF SNACK VENDING MACHINE CONCESSIONS AT VARIOUS LOCATIONS ON CITY OF MIAMI BEACH PROPERTIES PURSUANT TO REQUEST FOR LETTERS OF INTEREST (RFLI #2022-048-ND) THIS AMENDMENT NO.2 ("Amendment") to the Agreement dated June 13, 2022 ("Agreement") by and between the City of Miami Beach, a municipal corporation organized and existing under the laws of the Stale of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and Bettoli Trading Corp., a Florida corporation, d/b/a Bettoli Vending, with offices at 6095 NW 167 street, Suite D, Miami, Florida 33015 ("Operator"), for the Operation of Snack Vending Machines at Various Locations on City of Miami Beach Properties Pursuant to Request for Letters of Interest (RFLI #2022-048-ND), is hereby entered into on this day of urn 2026, with an Effective Date of October 3, 2025 ("Effective Date"). RECITALS WHEREAS, on June 13, 2022, the City entered into an agreement (the "Agreement") with Bettoli Trading Corp., a Florida corporation, d/b/a Bettoli Vending ("Bettoli ), for the operation of snack vending machine concessions at various City -owned properties; and WHEREAS, the Agreement provides for an initial term of three (3) years, commencing retroactively on May 1, 2022, and ending on April 30, 2025, with two (2) additional one-year renewal options, at the City's sole discretion; and WHEREAS, on February 21, 2025, the City approved the first renewal option, extending the Agreement from May 1, 2025, through April 30, 2026; and WHEREAS, contemporaneously herewith, the City has consented to an Assignment and Assumption Agreement ("Assignment"), transferring all rights, interest and obligations of Bettoli in and to the Agreement to Compass Group USA, Inc., a Delaware corporation, d/b/a Canteen Vending Services ("Canteen Vending") effective retroactively as of October 3, 2025, subject to Canteen Vending assuming all of Bettoli's obligations under the Agreement; and WHEREAS, as permitted under Section 1.2 of the Agreement the City Manager has agreed to approve the second and final renewal term, commencing on May 1, 2026 and expiring on April 30, 2027; and WHEREAS, the City, Bettoli and Canteen Vending hereby agree to amend the Agreement to include certain certifications required by Florida law and the City's Code of Ordinances ("City Certifications"); and WHEREAS, on April 22, 2026, the Mayor and City Commission adopted Resolution No. 2026- 34211, approving in substantial form, this Amendment and the Assignment. O sign Envelope 10: F549WD9-8262890Ce302-D86852669E18 NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable considerations, the sufficiency of which is hereby acknowledged, the City, Bettoli and Canteen Vending hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS The Agreement is hereby modified (deleted items StFUSk thFOU911 and inserted items underlined) as follows: A. The second and final renewal term, commencing on May 1, 2026 and expiring on April 30, 2027, is hereby approved. B. A copy of the Assignment is incorporated herein by reference and attached hereto as Exhibit "A". As set forth in the Assignment, any references to "Operator' in the Agreement shall hereinafter refer to Canteen Vending. C. Bettoli and Canteen Vending have executed the City Certifications, incorporated herein by reference and attached hereto as Exhibit "B', and hereby agree to comply with said City Certifications from the Effective Date of this Amendment through the end of the term of the Agreement. D. A new Section 25 is hereby added to the Agreement, as follows: SECTION 25 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE: Bettoli and Canteen Vending warrant and represent that, within two (2) years prior to the Effective Date, Bettoli and Canteen Vending have not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2379 of the City Code shall not aboly to the following: A. Any individual or entity that provides goods to a candidate for office. B. Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the Individual or entity In the ordinary course of business Tor clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, panting companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. C. Any individual or entity which performs licensed professional services (including for example, legal or accounting services. 3. 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 govem. [REMAINDER OF THIS PAGE INENTIONALLY LEFT BLANK] D usign Envebpe IDF54907DB-B262-890CdM2-088852889EI8 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. FOR CITY: ATTEST: agora M: By: KA 6r KafMWlTBF8Wado, City Clerk 7/1/2026 14:40 PM EDT Date FOR OPERATOR: (Operator/Assignor) BETTOLI TRADING CORP., A FLORIDA CORPORATION, DBIA BETTOLI VENDING By:, Print Name: Moen a04 06, ' President Attest: Print e: Lw'�VA C�Ac!- Date: 5/19(2A CITY OF MIAMI BEACH Eric T. Carpenftr, City Manager (Operator/Assignee) COMPASS GROUP USA, INC., A DELAWARE CORPORATION, D/S/A CANTEEN VENDING SERVICES 9 By: _L- Print Name: A,4,tQ &R-pl _ President Print N Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION OCRY Attanav i al