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RESOLUTION AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF PASSAIC AND SPIRIT DELICATESSEN CORP. D/B/A IN THE DRINK FOR THE MANAGEMENT OF THE PREAKNESS GOLF COURSE CLUBHOUSE AND REFRESHMENT STAND CONCESSION, PURSUANT TO N.J.S.A. 40A:11-4.1(j).
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WHEREAS, the County of Passaic (hereafter “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the County is seeking qualified concessionaires to operate the club house and refreshment stand concession located at the Preakness Valley Golf Course; and
WHEREAS, N.J.S.A. 40A:11-4.1 authorizes the County to utilize competitive contracting in lieu of public bidding for procurement of specialized goods and services, the price of which exceeds the bid threshold; and
WHEREAS, N.J.S.A. 40A:11-4.1(j) specifically authorizes the County to utilize competitive contracting to procure vendors for concession services; and
WHEREAS, on September 8, 2021, the Board approved Resolution No. R20210830 authorizing the use of competitive contracting for the County to retain a concessionaire to operate the clubhouse and refreshment stand at the Preakness Valley Golf Course; and
WHEREAS, on September 24, 2026, the Purchasing Agent issued RFP 27-001 Passaic County Golf Course Clubhouse and Refreshment Stand Concession (hereafter RFP-27-001); and
WHEREAS, on October 14, 2026 proposals for RFP-27-001 were unsealed by the Purchasing Agent, with only one (1) response from Spirit Delicatessen Corp, d/b/a In The Drink; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4.5(d), the proposal submitted was reviewed and ranked by an evaluation committee based on a methodology for the awarding of competitive contracts, which included technical, management, and cost related criteria; and
WHEREAS, on October 22, 2026, the review committee convened and scored the proposal, and is recommending an award of contract to Spirit Delicatessen Corp. d/b/a In The Drink for a three (3) year term, beginning January 1, 2027 and expiring on December 31, 2029, with two one-year options to renew, and subject to the other terms and conditions as set forth in RFP-27-001, as set forth in the memorandum attached to and made part of this Resolution; and
WHEREAS, pursuant to N J.S.A the County's requests for proposals is a fair and open process, specifically, RFP-27-001 is publicly advertised, awarded under a process that provides for public solicitation of qualifications, established the basis of an and disclosure process documented in writing prior to any solicitation, and is publicly opened and announced when awarded; and
WHEREAS, this matter was discussed at the November 4, 2026, meeting of the Public Works Committee and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-4.1(j), the Board or County Commissioners of the County of Passaic is authorizing a lease agreement by and between the County of Passaic and Spirit Delicatessen Corp. d/b/a In The Drink for a three (3) year term, beginning January 1, 2027 and expiring on December 31, 2029, with two one-year options to renew, and subject to the other terms and conditions as set forth in RFP-27-001, as set forth in the memorandum attached to and made part of this Resolution.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
ZMQ November 16, 2026