RFP UCO 973 Vending Operations Addendum 5 Release Date 5 8 25.pdf

UCO-973Vending Machine Operations

May 8, 2025

Office of the Chief Diversity and Procurement Officer

230 West 41st Street New York, NY 10036

ADDENDUM No. 5

TO: Prospective Proposers

FROM: Michelle Synovitsky (SHDbids@cuny.edu) The City University of New York

RE: Contract #UCO- 973

Request for Proposal

(RFP)

Vending Machine Operations

This Addendum No. 5 to the above-referenced RFP is being issued to address proposed changes to the RFP contract.

Sample Contract, Section 5.2: Due to continued inflation, [vendor name] requests the right to adjust prices annually at a rate equal to the then-current rate published for the Consumer Price Index - Food Away From

Home (“CPI”). For any price increases greater than the CPI [vendor name] would seek consent from CUNY.

Response: Section 5.2 of the Terms and Conditions is hereby modified to read as follows:

Contractor may adjust pricing on an annual basis, effective no sooner than January 1 of each year, in an amount not to exceed the percentage change in the Consumer Price Index (CPI) for Food Away From Home as published by the U.S. Bureau of Labor Statistics for the most recent 12-month period ending in the prior calendar year. Contractor shall provide CUNY with written notice at least sixty (60) days in advance of any such adjustment. Any proposed price increase exceeding the CPI shall require CUNY’s prior written consent.

Sample Contract, Section 10, Insurance: As the leader in its industry, [vendor name] maintains robust insurance policies and can meet the required insurance thresholds. However, [vendor name] is requesting some minor revisions to the insurance terms based upon how [vendor name]’s policies are currently written:

(i) Section 10.3, insert the words, “or approved” after the words, “company licensed”; and (ii) Section 10.6, insert the word, “similar” between the words, “other” and “insurance” in the 6th line; and insert the words, “” after the words, “Additional Insureds” in the 9th line.

Response:

mailto:SHDbids@cuny.edu

Section 10.2 of the Terms and Conditions is hereby modified to read as follows:

The Commercial General Liability policy shall cover all liability assumed by Contractor under this Contract, to the extent insurable under the policy and must be specifically endorsed to include Product Liability

Insurance.

Section 10.3 of the Terms and Conditions is hereby modified to read as follows:

Each Required Insurance policy must be underwritten by an insurance company licensed or approved to do business in the State of New York and with a minimum of an “A” rating in the current edition of Best’s

Insurance Guide.

Section 10.6 of Terms and Conditions is hereby modified to read as follows:

The Commercial General Liability policy must include as additional insureds each AEC, The City

University of New York, New York City, New York State, The City University Construction Fund, and The

Dormitory Authority of the State of New York, and their respective trustees, directors, officers, employees and agents (the “Additional Insureds”). The Commercial General Liability policy must stipulate that the insurance provided is primary insurance in respect of the Additional Insureds, and that any other similar insurance or self-insurance maintained by the Additional Insureds is excess and not contributory insurance.

The Commercial General Liability policy must apply separately to each Additional Insured separation of insured clause against whom a claim is made or suit is brought, subject to each policy’s limit of liability.

Additional Insureds must be covered as respects: (i) liability arising out of activities performed by or on behalf of Contractor, (ii) products and completed operations of Contractor, and (iii) premises owned, leased or used by Contractor.

Sample Contract, Section 15, Termination: Due to changes in [vendor name]’s policies, [vendor name] will require a right of termination, specifically [vendor name] is requesting the right to terminate the resulting contract at any time upon 180 days’ prior written notice to CUNY.

Response: Section 15.2 of the Terms and Conditions is hereby modified to add a new 15.2.4, to read as follows:

15.2.4. The Contractor may terminate this Contract, without cause, upon two hundred seventy (270) days’ notice to CUNY.

Financial Proposals: [vendor name] will be offering CUNY an advanced commission and annual guaranteed commission, as well as other financial terms outlined in its proposal. [vendor name] requests that in the event of termination of the resulting contract, CUNY is paid actual commissions for the year of termination based upon an agreed commission percentage, and that any advanced amount is reimbursed to [vendor name] if it is not fully accrued by the date of termination. Finally, should the resulting contract be terminated for any reason, [vendor name] requests that it would be reimbursed by CUNY for the unamortized portion of any other financial outlay made by [vendor name].

Response: Part 4 of the RFP is hereby modified to add a new paragraph B under the section titled “Financial Proposal & Pricing”:

B. In the event the Parties mutually agree to terminate the Contract, or if CUNY elects to terminate the Contract for convenience, the Contractor may seek a prorated reimbursement of (i) the upfront signing bonus referenced in Paragraph A(a) above; and (ii) the guaranteed annual commission referenced in paragraph A(b) above. All requests for reimbursements must include all relevant supporting documentation. CUNY reserves the right to request additional supporting documentation to properly evaluate the Contractor’s reimbursement claim. The

Contractor shall provide all requested additional documentation within two (2) business days of CUNY’s request.

THIS ADDENDUM NO. 5 IS PART OF YOUR PROPOSAL AND IS TO BE INCLUDED WITH

VOLUME I OF YOUR PROPOSAL. YOUR SIGNATURE BELOW WARRANTS THAT YOU

UNDERSTAND THIS ADDENDUM AND THAT YOU HAVE MADE THE APPROPRIATE

ADJUSTMENTS TO YOUR PROPOSAL AND CALCULATIONS. THE UNIVERSITY

RESERVES THE RIGHT TO REJECT PROPOSALS SUBMITTED WITHOUT ALL ADDENDA

PROPERLY SIGNED.

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