Amendment No. 2 to the Concession Agreement with Bettoli Trading Corp.doll. a777C
AMENDMENT NO. 2
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. 2 (Amendment) to the Concession Agreement (Agreement) 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 Bettoli Trading Corp., a
Florida corporation, with offices at 60 NW 167 Street, Suite D, Miami, Florida 33015
(Concessionaire), is entered into on this ( I day of May, 2018.
RECITALS
WHEREAS, the City and Concessionaire are parties to the Agreement, dated May 3, 2012, for
the operation of snack machine concessions at various locations on City of Miami Beach
properties; and
WHEREAS, the Agreement had 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 October 19, 2016, the Mayor and the City Commission approved Resolution No.
2016 - 29609, approving Amendment No. 1 to the Agreement, requiring the implementation of the
Miami -Dade County Public Schools healthy snacks standards and reducing the minimum
guarantee payment to $11,000; and
WHEREAS, on November 1, 2016, the parties executed Amendment No. 1 (the Agreement and
Amendment No. 1 shall be collectively referred to herein as the "Agreement "); and
WHEREAS, on May 17, 2017, the City exercised its first renewal option, commencing on May 1,
2017 and ending April 30, 2018; and
WHEREAS, the City is desirous of exercising the second renewal option, commencing on May
1, 2018, and ending April 30, 2019; and
WHEREAS, during the second renewal period, pursuant to Section 4.2.1 of the Agreement, the
Minimum Guaranteed (MG) Annual Concession Fee is hereby increased by three percent (3 %)
to $11,699.90; and
WHEREAS, on March 13, 2018, the Finance and Citywide Projects Committee recommended in
favor of renegotiating all revenue - generating contracts at the time of renewal to include a
contribution for the City's educational initiative to fund Miami Beach public schools; and
WHEREAS, as the Agreement is one of the contracts identified to include an educational
funding component, Concessionaire has agreed to a public benefits contribution in conjunction
with this renewal.
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 a second renewal and 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) Subsection 4.4 of the Agreement is hereby deleted in its entirety and replaced as
follows:
4.4 Public Benefits Contribution.
Concessionaire agrees to a public benefits contribution for the City's educational
initiative in the amount of four percent (4 %) of gross metered receipts ( "Public
Benefits Contribution "). Together with with the payment of fees outlined in
Subsections 4.2 and 4.3 of the Agreement, Concessionaire shall pay the Public
Benefits Contribution in an amount equal to 4% of the annual Minimum
Guarantee (MG), and in the event that the amount equal to 4% of
Concessionaire's annual Gross Metered Receipts (PGMR) exceeds 4% of MG,
then Concessionaire shall also pay to the City the difference between the amount
of 4% of PGMR and 4% of MG.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect throughout the second renewal period. 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:
ATTEST:
By:
CITY OF MIAMI BEACH, FLORIDA
Rafael E. ;r. nado, City Clerk
Morales, City Manager
Date
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APPROVED AS TO
FORM & LANGUAGE
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