Resolution 2022-32351 RESOLUTION NO. 2022-32351
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE
AGREEMENT WITH BETTOLI TRADING CORP. D/B/A BETTOLI VENDING
(OPERATOR) FOR THE OPERATION OF SNACK MACHINES AT VARIOUS
LOCATIONS ON CITY PROPERTIES; SAID AMENDMENT AUTHORIZING THE
OPERATOR TO SUBCONTRACT THE ICE CREAM VENDING MACHINE
OPERATION TO ADVANCE ICE CREAM VENDING CO., SUBJECT TO
OPERATOR REMAINING RESPONSIBLE UNDER THE AGREEMENT FOR
SUBCONTRACTOR'S PERFORMANCE.
WHEREAS, on June 13, 2022, the City entered into an Agreement(the"Agreement")with
Bettoli Trading Corp. d/b/a Bettoli Vending ("Operator") for the operation of snack vending
machine concessions at various City of Miami Beach 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 terms, at the City's option; and
WHEREAS, under the terms of the Agreement, the snack options offered by Operator
include ice cream vending machines; and
WHEREAS, pursuant to the Agreement, Operator is responsible for the maintenance and
repair of the machines including, but not limited to, providing service, replacing equipment, and
re-stocking of products; and
WHEREAS, Operator currently has eight (8) ice cream machines installed on City
properties, of which four(4)service mostly the City's Parks and are located within youth centers;
two (2) are located at City Hall; and one (1) is located at the 17th Street Garage; and
WHEREAS, due to the more complex system required in the overall maintenance of ice
cream vending machines, on August 29, 2022, Operator requested that the City approve Advance
Ice Cream Vending Co., a Florida corporation ("Advanced"), as a subcontractor of Operator, to
provide the service and maintenance of the ice cream vending machines; and
WHEREAS, Operator has been working with Advance since 2010 for other operations
and has vetted them to be reliable; and
WHEREAS, Operator would remain responsible under the entire term of the Agreement
for subcontractor's performance; and
WHEREAS, pursuant to Section 15 of the Agreement, the Operator is not permitted to
assign, sublease, grant any location or license, permit the use of by any other person other than
Operator, or otherwise transfer all or any portion of the Agreement and/or of the Locations without
the prior written consent of the City Commission; and
WHEREAS, the City Manager recommends approving Amendment No. 1 to the
Agreement, incorporated herein by reference and attached to the City Commission Memorandum
accompanying this Resolution as Exhibit "1"; said Amendment authorizing Operator to
subcontract the ice cream vending machine operation to Advance, subject to Operator remaining
responsible under the Agreement for subcontractor's performance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager and City Clerk to execute
Amendment No.1 to the Agreement between the City and Bettoli Trading Corp. d/b/a Bettoli
Vending (Operator) for the Operation of Snack Machines at Various Locations on City of Miami
Beach Properties; said Amendment authorizing Operator to subcontract the ice cream vending
machine operation to Advance Ice Cream Vending Co., subject to Operator remaining responsible
under the Agreement for subcontractor's performance.
PASSED and ADOPTED THIS atO day of 1004e( 2022.
ATTEST:
• Dan Gelber, Mayor
OCT 2 7 2022
Rafael . Gr nado, City Clerk
y
tIHCORP.ORATEI
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I a—is-ZZ
City Attorney Date
Resolutions-C7 H
MJAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 26, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE
AGREEMENT WITH BETTOLI TRADING CORP. D/B/A BETTOLI VENDING
(OPERATOR) FOR THE OPERATION OF SNACK MACHINES AT VARIOUS
LOCATIONS ON CITY PROPERTIES; SAID AMENDMENT AUTHORIZING
THE OPERATOR TO SUBCONTRACT THE ICE CREAM VENDING
MACHINE OPERATION TO ADVANCE ICE CREAM VENDING CO.,
SUBJECT TO OPERATOR REMAINING RESPONSIBLE UNDER THE
AGREEMENT FOR SUBCONTRACTOR'S PERFORMANCE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
The City of Miami Beach ("City") and Bettoli Trading Corp., d/b/a Bettoli Vending ("Operator")
are parties to an agreement dated June 13, 2022, for the operation of snack vending machine
concessions at various locations on City of Miami Beach properties ("Agreement'). 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 terms, at the City's
option.
Under the terms of the Agreement,the snack options offered by the Operator include ice cream
vending machines. The Operator is responsible for maintenance and repair of the machines
including but not limited to provide service, replace equipment, and the re-stocking with
products.
ANALYSIS
The Operator currently has eight (8) ice cream machines installed on City properties, of which,
four(4)service mostly the Citys Parks and are located within youth centers. There are two (2)
ice cream machines at City Hall and one (1)at the 17th Street Garage.
Due to the more complex system required in the overall maintenance of ice cream vending
machines, on August 29, 2022, the Operator submitted a request for approval to the City to
Page 289 of 1166
subcontract the service and maintenance of the ice cream vending machines to Advance Ice
Cream Vending Co., a Florida corporation, ("Advance"). The Operator has been working with
Advance Ice Cream Vending Co. since 2010 for other operations and has vetted them to be
reliable.
Pursuant to Section 15 of the Agreement, the Operator shall not assign, sublease, grant any
location or license, permit the use of by any other person other than Operator, or otherwise
transfer all or any portion of the Agreement and/or of the Locations without the prior written
consent of the City Commission.Accordingly, an Amendment to the.Agreement is necessary to
authorize the Operator to subcontract with Advance for the maintenance and operations of ice
cream vending machines on City properties. The Operator would remain responsible under the
entire term of the Agreement for subcontractor's performance.
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION.
n/a
CONCLUSION
Based upon the foregoing, the Administration recommends approving Amendment No.1 to the
Agreement between the City and Bettoli Trading Corp. d/b/a Bettoli Vending (Operator)for the
operation of snack machines at various locations on City of Miami Beach properties; said
Amendment authorizing the Operator to subcontract the ice cream vending machine operation
to Advance, subject to Operator remaining responsible under the Agreement for subcontractor's
performance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Facilities and Fleet Management
ATTACHMENTS:
Description
❑ Exhibit 1
o Resolution
Page 290 of 1166
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
BETTOLI TRADING CORP. D/B/A BETTOLI VENDING
FOR OPERATION OF SNACK MACHINE CONCESSIONS AT VARIOUS
LOCATIONS ON CITY OF MIAMI BEACH PROPERTIES
THIS AMENDMENT NO. 1 ("Amendment") to the Agreement dated June 13, 2022
("Agreement") 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, d/b/a Bettoli Vending, with offices at 6095 NW 167 street, Suite D, Miami,
Florida 33015 ("Operator") for the operation of Snack Machines at Various Locations on
City of Miami Beach Properties, pursuant to Request for Letter of Interest (RFLI #2022-
048-ND), entered into on this day of , with an Effective Date of June
13, 2022.
RECITALS
WHEREAS,pursuant to the Agreement,Operator is responsible for the operation of snack
machine concessions at various City of Miami Beach properties; and
WHEREAS, the Agreement provides for an initial term of three (3)years, commencing
on May 1, 2022 and ending on April 30, 2025, with two (2)additional one-year renewal terms, at
the City's option; and
WHEREAS, under the terms of the Agreement, the snack options offered by Operator
include ice cream vending machines; and
WHEREAS, Operator is responsible for maintenance and repair of the machines
including, but not limited to, providing service, replacing equipment, and re-stocking of products;
and
WHEREAS, Operator currently has eight (8) ice cream machines installed on City
properties, of which four(4)service mostly the City's Parks and are located within youth centers;
two (2)are located at City Hall; and one (1) is located at the 17"' Street Garage; and
WHEREAS, due to the more complex system required in the overall maintenance of ice
cream vending machines, on August 29,2022,Operator requested that the City approve Advance
Ice Cream Vending Co., a Florida corporation ("Advance"), as a subcontractor of Operator, to
provide the service and maintenance of the ice cream vending machines; and
WHEREAS, Operator has been working with Advance since 2010 for other operations
and has vetted them to be a reliable operator; and
WHEREAS, pursuant to Section 15 of the Agreement,Operator is not permitted to assign,
sublease,grant any location or license,permit the use of by any other person other than Operator,
or otherwise transfer all or any portion of the Agreement and/or of the Locations without the prior
written consent of the City Commission; and
EXHIBIT "1"
1
Page 291 of 1166
WHEREAS, on October 26, 2022, the Mayor and City Commission adopted Resolution
No. 2022- approving Amendment No. 1 to the Agreement, authorizing the Operator to
subcontract to Advance Ice Cream Vending Co.the maintenance and operations of the ice cream
vending machines; provided that the Operator remains responsible to the City for subcontractor's
performance.
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 Operator 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 stFueli—thceugh and inserted items
underlined) as follows:
Advance Ice Cream Vending Co., a Florida corporation ("Advance") is hereby approved as a
subcontractor of Operator for the repair, maintenance and operation of the ice cream vending
machines ("Ice Cream Operations"); provided, however, that Operator shall remain
responsible for Advance's performance of the Ice Cream Operations, as if Operator were still
performing such services, and shall ensure that Advance performs pursuant to the terms and
conditions of the Agreement including, without limitation, providing the City with proof of any
additional insurance coverage that the City may require and ensuring that Advance's
employees and contractors comply with Section 8 of the Agreement.
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.
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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 BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Date
FOR OPERATOR: BETTOLI TRADING CORP.
d/b/a BETTOLI VENDING
ATTEST:
By:
Secretary President
Print Name Print Name
Date
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