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RESOLUTION AUTHORIZING A SECOND ADDENDUM TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND IN THE DRINK RESTAURANT AND BAR CORPORATION FOR THE COUNTY TO PROVIDE MAINTENANCE AND REPIAR SERVICES FOR THE BEVERAGE CARTS USED BY IN THE DRINK, PURSUANT TO N.J.S.A. 40A:11-4.1 ET SEQ.
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WHEREAS, the County of Passaic (hereafter “County”) is a government body incorporated pursuant to N.J.S.A. 40:18-1, et seq. and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners for the County of Passaic (hereafter “Board”) is vested with decision-making powers on behalf of the County; and
WHEREAS, the County is seeking qualified concessionaires to operate the clubhouse 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 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 21, 2021, the Purchasing Agent issued RFP-21-027 Passaic County Golf Course Clubhouse and Refreshment Stand Concession, RFP 21-027 (hereafter “RFP-21-027”); and
WHEREAS, on October 14, 2021, proposals for RFP-21-027 were unsealed by the Purchasing Agent unsealed, with only one (1) response from In the Drink Restaurant and Bar Corporation; and
WHEREAS, on November 23, 2021, the Board approved Resolution R20211102 authorizing a lease agreement with In the Drink Restaurant and Bar Corporation for a three (3) year term, beginning January 1, 2022, and expiring December 31, 2024, with two (1) one-year options to renew, and subject to the other terms and conditions as set forth in RFP-21-027; and
WHEREAS, On February 2, 2022, adopted Resolution R-22-0141 authorizing an addendum to the lease agreement between the County and In the Drink Restaurant and Bar Corporation for the management of the Preakness Valley Golf Course Clubhouse and Refreshment Stand Concession; and
WHEREAS, the Director of Parks and Recreation is recommending that the Board authorize a second addendum to the lease agreement to provide maintenance and repair services for the two (2) restaurants' beverage carts as needed, and In the Drink will pay the County for those services; and
WHEREAS, this matter was discussed at the May 8, 2024, Public Works Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-4.1 (j), the Board of County Commissioners of the County of Passaic authorizes a second addendum to the lease agreement between the County of Passaic and In the Drink Restaurant Corporation which incorporated by reference 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 of County Commissioners are authorized to take any other steps necessary to carry out the purpose of this Resolution.
PCR May 21, 2024