1 Collyer Lane, Basking Ridge, NJ 07920 Phone: 908-204-3001; Fax: 908-204-3015; Website: www.bernards.org

Resolution #090199 Award of Competitive Contract for the Lease of Concession at Pleasant Valley Pool to L.K.E. Catering Inc. for the 2009 Year, with Two (2) Successive One (1) Year Renewal Options for the rental amount of $3,801.00 per season

WHEREAS, on Wednesday, March 18, 2009, the Township received two (2) proposals for the 2009 Lease of Concession at Pleasant Valley Pool; and

WHEREAS, pursuant to the Local Public Contracts Law, P.L.1999, c.440 (N.J.S.A. 40A:11-1, et seq.), specifically, N.J.S.A. 40A: 11-4.1 et seq., the Township is permitted to utilize the competitive contracting process for the award of contracts for concessions; and

WHEREAS, pursuant to N.J.S.A. 40A:11-4.4, the methodology for the awarding of competitive contracts is not solely based upon the proposal amount, but rather can be evaluated and ranked based upon a variety of criteria, which is set forth in the Request for Proposals; and

WHEREAS, pursuant to N.J.S.A 40A:11-4.2, the contract for a concession awarded through the competitive contracting process may be for a term not to exceed five (5) years; and

WHEREAS, the proposals were reviewed and evaluated by the Township in accordance with the methodology set forth in the Request for Proposals, and while both bids took exceptions to the specifications and conditions in the Request for Proposals, it is the recommendation of the Recreation Director and Purchasing Agent to award this concession to L.K.E. Catering, Inc., being the most advantageous to the Township; and

WHEREAS, it is the further recommendation of the Recreation Director and Purchasing Agent to award this concession for a one (1) year terms, with an option for renewal for two (2) successive one (1) year terms, ultimately ending in the year 2011.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Bernards, County of Somerset, State of New Jersey that this competitive contract for the concession for the Lease of Concession at Pleasant Valley Pool be awarded to: L.K.E. Catering Inc. Rent to be $ 3,801.00 per season 1 Argonne Farm Drive Award is for one year, with two (2) one (1) year Bridgewater, NJ 08807 extension options.

BE IT FURTHUR BE RESOLVED, that the Purchasing Agent is hereby authorized to accept this proposal and arrange to have the contract executed in connection with this award.

I agree to the terms as stated in this Resolution and by signing this document, I, Maria Pacillo, am committed to follow all terms of this award.

______Maria Pacillo, Owner

Agenda and Date Voted: 04/28/2009

Explanatory Statement: Upon review of both proposals and the methodology employed in evaluation of the competitive proposals, and based upon the criteria listed in the contract specifications for the review and award of this contract, it was determined that L.K.E. Catering submitted the most responsible and advantageous proposal to provide a concession that is better in the quality in service, healthiness and value of menu offered. In addition to the evaluation of the terms of the proposal, Lincoln Services, the entity which submitted the other proposal, provided concession services for the Township from 2006-2008, and there is a desire for a change of service from both the pool members and the Pool Commission.

Jennifer Gander Director, Parks & Recreation

Dated: April 8, 2009

Purchasing Certification: I hereby certify that I have prepared this resolution and reviewed it for accuracy.

Francis J. Decibus, QPA, RPPS Date: April 8, 2009 Purchasing Agent

CERTIFICATION

I hereby certify this is a true and exact copy of a resolution adopted by the Bernards Township Committee on 04/28/2009.

Denise Szabo, Municipal Clerk