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RESOLUTION EXERCISING THE SECOND ONE-YEAR OPTION WITH SONOMA RESTAURANT CORPORATION TO OPERATE THE CAFETERIA LOCATED WITHIN THE PASSAIC COUNTY HISTORIC COURTHOUSE, PURSUANT TO N.J.S.A. 40A:11-4.1, ET SEQ. AND RFP-20-010
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WHEREAS, the County of Passaic (“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 (“Board”) is vested with managing the property, finances, and affairs of the County; 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 concessions; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4.3, on December 10, 2002, the Board approved Resolution No. R-02-602-02-10-2002, authorizing competitive contracting for a concession at the Passaic County Historic Courthouse (“Courthouse”); and
WHEREAS, on February 28, 2020, the Passaic County Purchasing Agent issued RFP-20-010, Operation of a Cafeteria for County and State Personnel, Jurors, Guests, and Visitors at the Passaic County Court House, 77 Hamilton Street, Paterson, NJ 07505 (“RFP-20-010”), seeking a qualified concessionaire; and
WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, the County’s request for proposals was a fair and open process, specifically, the request for proposals seeking a qualified concessionaire was publicly advertised, awarded under a process that provides for public solicitation of qualifications, established the basis of an award and disclosure process documented in writing prior to any solicitation, and was publicly opened and announced when awarded; and
WHEREAS, pursuant to N.J.S.A. 40A:11-4.1, et seq., on June 16, 2020, the Board approved Resolution No. R20200452, authorizing a three (3) year agreement with Sonoma Restaurant Corporation for the operation of the cafeteria located at the Courthouse, beginning May 1, 2020 and expiring April 30, 2023, with the County retaining two (2) one (1) year options to be exercised at the discretion of the Board; and
WHEREAS, on February 14, 2023, the Board passed Resolution No. R-23-0081, exercising the first one (1) year option with Sonoma Restaurant Corporation for a lease term, beginning May 1, 2023 and terminating April 30, 2024, whereby Sonoma would pay the County a monthly rate of one thousand three hundred and fifty dollars ($1,350.00), for a total lease payment of sixteen thousand two hundred dollars ($16,200.00); and
WHEREAS, the Passaic County Administrator is recommending to exercise the second and last one (1) year option with Sonoma Restaurant Corporation for a lease term, commencing May 1, 2024 and expiring April 30, 2025, whereby Sonoma shall be responsible to pay rent to the County on a monthly basis, in an amount not to exceed one thousand four hundred dollars ($1,400.00), for a total contract amount, not to exceed sixteen thousand eight hundred dollars ($16,800.00); and
WHEREAS, this matter was discussed at the January 10, 2024 Administration and Finance Committee meeting, 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, et seq., the Board of County Commissioners of the County of Passaic exercises the second one (1) year option with Sonoma Restaurant Corporation for a lease term, beginning May 1, 2024 and expiring April 30, 2025, whereby Sonoma shall pay the County a monthly rate of one thousand four hundred dollars ($1,400.00) for an annual lease payment not to exceed sixteen thousand eight hundred dollars ($16,800.00).
LET IT BE FURTHER RESOLVED, that the Clerk of the Board shall print, in the official newspaper, a brief notice stating the nature, duration, service and amount of the contract awarded to Sonoma Restaurant Corporation, and maintain a copy of this Resolution on file and available for public inspection in the Office of the Clerk to the Board.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Administrator, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF January 23, 2024