Amendment No.1 to Agreement with Bettoli Trading Corp. D/B/A DocuSign Envelope ID:34B6BF40-F1A4-4141-9785-287C360D3F11 i V J
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DocuSign Envelope ID:BO6D9978-ACE1-475F-B756-96287D4BEE87 UYM
JAN 2 5 2023
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
BETTOLI TRADING CORP. DBIA 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, with
an effective date of May 1, 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), is entered into on this 7 day of
DECEMBER ,with an Effective Date of October 26,2022.
RECITALS
WHEREAS, pursuant to the Agreement 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)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 1,2322 and ending on April 30,2025,with two(2)additional one year renewal terms,at
the City's option; and
WH E REAS, under the terms of the Agreement, the snack options offered by Operator
include ice ream vending machines;and
WHEREAS, Operator is responsible for maintenance and repair of the machines
including, but not limited to, provide service, replace equipment,and the 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, Operator submitted a request for approval to the City on August 29,
2022 to subcontract the service and maintenance of the ice cream vending machines to Advance
ice Cream Vending Co;and
WHEREAS,Operator has been working with Advance Ice Cream Vending,Co.since 2010
for other operations and has vetted them to be a reliable operator,and
WH REAS, the Operator would remain responsible under the entire term of the
Agreement or the subcontractor's performance;and
WHEREAS, pursuant to Section 15 of the Agreement, Operator shall not assign,
sublease,grant any location or license,permit the use of by any other person other than Operator,
1
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• DocuSign Envelope ID:34B6BF40-F1A4-4141-9785-287C360D3F11
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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, on October 26, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32351 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 struck t h 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.
(REMAINDER OF THIS PAGE INENTIONALLY LEFT BLANK]
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DocuSign Envelope ID:34B6BF40-F1A4-4141-9785-287C360D3F11 , ,
DocuSign Envelope ID.B06D9978-ACE1-475F-B756-96287D4BEE87
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:
flflJe 3E4UF.
RafaefE. granado, City Clerk Dan Gelber, Mayor
12/7/2022 I 3:49 PM EST
Date
FOR OPERATOR: BETTOLI TRADING CORP.
d/b/a BETTOLI VENDING
ATTEST:
By:
Secretary Q{� ^��77 Q��7--
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Print Name Print Name
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Date
APPROVED AS TO
rat2M 14 LANGUAGE
Gc A EXECU1 ION
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' DocuSign Envelope ID 34B6BF40-F1A4-4141-9785-287C360D3F11
DocuSign Envelope ID B06D9978-ACE1-475F-B756-96287D4BEE87
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.
DocuSign Envelope ID:34B6BF40-F1A4-4141-9785-287C360D3F11 z • .
DocuSign Envelope ID:B06D9978-ACE1-475F-B756-96287D4BEE87
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 4 day of 004-te 2022.
ATTEST:
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Dan Gelber, Mayor
CO:: 72022
Rafael /gado, City lerk
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I11CORI CIP,ATED'
C'i-• ..0 .
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APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
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i Attorne� Date
DocuSign Envelope ID:34B6BF40-F1A4-4141-9785-287C360D3F11
DocuSign Envelope ID.B06D9978-ACE1-475F-B756-96287D4BEE87
M I n M I BEACH
E ^ CH Contract/Document Routing Form
Amendment No. 1 to Agreement with Bettoli Vending(Operator)
1111111.111111
Facilities and Fleet Management
��fll•..l �pf�LS
Adrian Morales E
Eric T.Carpenter G �� ;t
Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) X Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Other:
Attached for your signature please find Amendment No. 1 to the agreement between the City and Bettoli
Trading, Corp , d/b/a Bettoli Vending (Operator). This amendment is to approve the Operator to
subcontract the service and maintenance of the ice cream vending machines to Advance Ice Cream
Vending Co., a Florida corporation, ("Advance") pursuant to Section 15 of the Agreement
3 Years 2:1 Year Renewal O boas 5 Years
1 G
Grant Funded: Yes x No State Federal Other:
Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32351 C7 H 10/26/22
If no,explain why CC approval is not required:
Legal Form Approved: I x Yes No If no,explain below why form approval is not necessary:
Procurement: Grants:
Budget: Information Technology:
Docu&pni d by.
Risk Management: Fleet&Facilities: Ozzie Dominguez (r^yptt, nO
"--96E046'e;6704.7 O '
Human Resources: Other: