Amendment No. 1 to the Concession Agreement with Bettoli Trading Corp.-017774
AMENDMENT NO. 1
TO CONCESSION AGREEMENT BY AND BETWEEN CITY OF MIAMI
BEACH, FLORIDA AND BETTOLI TRADING CORP. FOR OPERATION
OF SNACK MACHINE CONCESSIONS AT VARIOUS LOCATIONS ON
CITY OF MIAMI BEACH PROPERTIES PURSUANT TO REQUEST FOR
PROPOSALS #44-10/11
THIS AMENDMENT NO. 1, (Amendment) to the Concession Agreement (Agreement)
for operation of snack machines by Bettoli Trading Corp. dated, May 3, 2012, by and
between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at
1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and BettoliTrading
Corp. a Florida corporation, with offices at 6095 NW -167 street, Suite D, Miami; Florida
33015 (Concessionaire), is entered into retroactively as of the 1s1 day of November,
2016 (Effective Date).
RECITALS
WHEREAS, the City and Concessionaire are parties to an Agreement, dated May 3, 2012, for
the operation of snack machine concessions at various locations on City of Miami Beach
properties; and
WHEREAS, the Concession Agreement has an initial term of five (5) years, commencing on
May 1, 2012 and ending on April 30, 2017, which may be extended, at the City's sole discretion,
for five (5) additional periods of one (1) year each; and
WHEREAS, on June 8, 2016, the Neighborhoods/Community Affairs Committee (NCAC)
recommended in favor of implementing the Miami -Dade County Public Schools (MDCPS)
standards in all snack vending machines; and
WHEREAS, at the October 19, 2016 City Commission meeting, the Mayor and City Commission
directed the Administration to implement the MDCPS standards for one hundred percent (100%)
of the snack selections in the vending machines located in parks and youth centers; to
implement the MDCPS standards for fifty percent (50%) of the snack selections in the vending
machines located in other City structures, such as garages and office buildings; and to revisit
the item again in 6 months; and
WHEREAS, on October 19, 2016 the Mayor and City Commission adopted Resolution 2016-
29609 approving Amendment No. 1 to Concession Agreement, modifying the scope of the
Concession Agreement to require the implementation of the MDCPS healthy snacks standards
as approved by the Mayor and City Commission, and reducing the annual Minimum Guaranty
payment which Concessionaire pays under the Concession Agreement from $12,731 to
$11,000 annually; and
WHEREAS, City Manager, as referenced in the Agreement shall include City Manger's
designee, as may be designated, in writing, by the City Manager from time to time.
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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 Concessionaire 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 struck through and inserted items
underlined) as follows:
(a) Exhibit 2.0 to the Agreement is deleted in its entirety and replaced with the attached Exhibit
2.0.
(b) Exhibit 3.2.5.1 to the Agreement is deleted in its entirety and replaced with the attached
Exhibit 3.2.5.1.
.(c) Exhibit 3.2.1.6.2 to the Agreement is hereby added to the Agreement.
(d) Subsection 3.2.1.6.2 of the Agreement is hereby deleted in its entirety and replaced as
follows:
3.2.1.6.2 Miami -Dade County Public Schools Standards.
From time to time, with 30 days notice, the City Manager, in the City Manager's sole
discretion, may require that all or a portion of the products sold from any of the vending
machines described in the amended -Exhibit 2.0 meet the Miami -Dade County Public
Schools (MDCPS) Wellness Policy Standards (MDCPS Standards), attached hereto as
Exhibit 3.2.1.6.2. A •current list of the City approved products meeting the MDCPS
Standards is attached hereto as Exhibit 3.2.5.1. Any change to the approved product list,
including any change in the nutritional information, shall require the prior written approval of
the City Manager. The City Manager reserves the right to reasonably decline any particular
snack or food option, at any time; and upon the Concessionaire receiving written notice,
Concessionaire must remove declined food or food item within five (5) days from any or all
food and snack vending machines, as directed by the City Manager.
(e) Subsection 4.2 of the Agreement is hereby modified to read as follows:
4.2 Minimum Guarantee (MG).
In consideration of the City executing this Agreement and granting the rights provided in this
Agreement, commencing May 1, 2012, and thereafter on May 1st of each year during the
Term of this Agreement, the Concessionaire shall pay to the City a Minimum Guaranteed
(MG) Annual Concession Fee of Twelve Thousand Dollars ($12,000), plus applicable Sales
and Use Taxes (as provided in Section 4.6 herein); said MG shall be subject to the annual
increases in Subsections 4.2.1. and 4.2.2 below.Effective November 1, 2016, the MG shall
be reduced to Eleven Thousand Dollars ($11,000), .plus applicable Sales and Use Taxes
(Amended MG). The past due annual MG .payment for the current Contract Year, due May
1, 2016, shall be -prorated for the portion of the Contract Year covering' Mav 1, 2016 to
October 31, 2016. Correspondingly. the Amended MG payment shall be prorated for the
portion of the Contract Year covering' from November 1, 2016 to April 30, 2017. The
Amended MG .payment shall continue to be due Mav 1st of each Contract Year during' the
Term and subject to the annual increases in Subsection 4.2.1.
(f) Subsection 4.2.2 of the Agreement is hereby deleted in its entirety
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(g) Subsection 4.2.3 of the Agreement is hereby deleted in its entirety
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 govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BE `.. 1; LORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Layor
Date
4.4
FOR CONCESSIONAIR
ATTEST:
Secretary
kicth.-rfor &A-1-0
Print Name
()Lilac, /1'3
Date
°""94.7,
LI TRADING CORP.
President
a 1) fro
Print Name
APPROVED AS TO
FORM LANGUAGE
0 E UTION
City Attorney,. Date
F:\RHCD\$ALL\ECON\$ALL\ASSET\VENDING\LEASE DOCUMENTS\BETTOLI AMENDMENT\BETTOLI 1ST AMENDMENT\AMENDMENT
BETTOLLI NO 1 2016_11_08_RJG_V3.DOCX
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EXHIBIT 2.0
Number of Number of Number of % MDCPS
Machines approved Approved Ice Approved Approved
Snack Cream Combo Healthy Snacks
Machines Machines Machines by location
17th St. garage Snack 1 1 0 50%
City Hall Parking Garage 1 0 0 50%
City Hall lobby 1 1 0 50%
City Hall 3rd floor 1 0 0 50%
13th street Garage 1 0 0 50%
Miami Beach Police Roll Call 2 - 1 0 50%
Miami Beach Police Lobby -. --- 1-- - --- 0 0 50%%
South Shore Comm. Ctr. 1 0 0 50%
North Shore YC Snack 2 1 0 100%
North Shore Tennis Snack 1 0 0 50%
I Scott Rakow YC 3080 2 1 0 100%
1 Scott Rakow YC 3136 1 0 0 100%
IFlamingo Park Snack 1 1 0 50%
* Please note, % MDCPS approved Healthy Snacks apply to Snack Machines not Ice Cream Machines
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EXHIBIT 3.2.5.1
Approved Healthy food items and prices
Popchips
Popchips
Popchips
Popchips
Popchips
Popcorner
'Non GMO coming soon $1-50
'Non GMO coming soon $1-50
'Non GMO corning soon $1-50
'Non GMO coming soon $1-50
Indiana Popcorn
Snyder's Pretzel
Kar's Nuts
Rice Krispies
Cheez it
Gold Fish
General mills
Nature's Valley
Nature's Valley
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Frito Lay's
Brand Item Price MDCPS
Sea Salt $1,75
Barbecue $1,75
Sea Salt & Vinegar $1,75 *
Sour Cream and Onion $1,75 *
Cheddar & Sour Cream $1,75 *
White Cheddar $1.25 *
Kettle $1.25 *
Sweet Spicy Chili $1.25
Jalapeno $1.25
Sea Salt $1.25
Kettlecorn $1.25
Old Tyme $1.00
Mango Pineapple mix $1.25
Whole Grain Treat $1.50
Whole Grain Cheddar $1.00
Whole Grain Cheddar $1.00
Cocoa Puff Bar $1.25
Oat & Honey $1.25
Trail mix chewy $1.25
Reduced Fat Doritos Nacho $1,00 *
Old Tyme $1,00 *
Reduced Fat Doritos Sweet Spicy Chili $1.00
Reduced Fat Cheetos Puff $1,00
Reduced Fat Cheetos Hot Puff $1.00 *
Baked Cheetos $1,00 *
Baked Cheetos Hot $1.00 *
Baked lays Sour Cream & Onion $1,00
Baked Lays BBQ $1.00 *
Baked Ruffles Cheddar Sour Cream $1.00
Fantastix Chili $1.00 *
Fantastix Hot $1.00 *
* Please note only the items above meet the MDCPS standard
Other Food Item Prices
Chips and Crackers $0,80
Candy/Choclate Pastries $1.00
Milk Boz $1.00
Milk 16oz $2.25
Ice Cream $1.25
Ice Cream Large $1.75
Refriderated Food Items Small $1.50
Refriderated Food Items Large $3.50
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NEW
EXHIBIT 3.2.1.6.2
Miami -Dade County Public Schools Wellness Policy Standards
OPERATIONS 8510/page 8, 9, and 10 of 10
Rule on Food and Beverages Sold on Campus and in Vending Machines District -Wide
The District is committed to providing an environment in which all students and staff can
make healthy food choices for lifelong health. As such, the following Rule on Food and
- Beverages -Sold -on Campus and in Vending Machines District -Wide will be implemented for
all sites, for all food sales beginning one (1) hour before the start of the sdhool day and up
until one (1) hour after dismissal of the final class of the day. This rule shall be applicable to
all food and beverages sold in vending machines twenty-four (24) hours a day.
A. Beverages
All beverages must be non -carbonated and have no added caffeine.
1. Elementary School
a. Plain water.
b. Up to eight (8) ounce servings of milk and 100% juice.
1) Fat-free or low-fat regular and flavored milk and nutritionally
equivalent (per USDA) milk alternatives with up to 150
calories/eight (8) ounces.
2) 100% juice with no added sweeteners, up to 120 calories/eight
(8) ounces, and with at least ten percent (10%) of the
recommended daily value of three (3) or more vitamins and
minerals.
2. Middle School
Same as elementary school, except juice and milk may be sold in twelve (12)
ounce servings.
3. High School
a. Plain water.
b. No- or low -calorie beverages with up to ten (10) calories/eight (8)
ounces.
c.
1)
Up to twelve (12) ounce servings of milk, 100% juice and certain other
drinks.
Fat-free or low-fat regular and flavored milk and nutritionally
equivalent (per USDA) milk alternatives with up to 150
calories/eight (8) ounces.
2) 100% juice with no added sweeteners, up to 120 calories/eight
(8) ounces, and with at least ten percent (10%) of the
recommended daily value of three (3) or more vitamins and
minerals.
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3) Other drinks with no more than forty (40) calories/eight (8)
ounces.
OPERATIONS 8510/page 8, 9, and 10 of 10
d.
At least twenty-five percent (25%) of non -milk beverages must be water
and no more than twenty-five percent (25%) of beverages may be no- or
low -calories options.
B. Food and Snacks
All food and snacks sold in schoolmustmeet the following: -
1. No more than thirty-five percent (35%) of total calories from fat.
2. No more than ten percent (10%) of total calories from saturated
fat.
3. No more than thirty-five percent (35%) added sugar by weight.
4. No added trans fat.
5. Be a "whole grain -rich" product;
6. Be a fruit, vegetable, dairy, protein food; or
7. Be a combination food that contains at least 1/4 cup of fruit and/or
vegetable.
*Appendix A has been edited for formatting purposes and the end of the Appendix A after Section B.7.
was intentionally removed as it is not applicable
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