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


                                   Resolution #080448
     Resolution to Terminate Competitive Contract with First Serve Tennis Academy, LLC

WHEREAS, the Bernards Township Recreation Department solicited a competitive contract for
tennis instructions on Thursday, April 26, 2007; and

WHEREAS, the Township entered into an agreement with First Serve Tennis Academy, LLC
(“First Serve”) on May 29, 2007 to provide tennis instructions for the Township of Bernards (the
“Contract”); and

WHEREAS, throughout the Contract period, the Township has experienced problems and
delays in obtaining payment from First Serve; and

WHEREAS, there remains due and owing to the Township from First Serve payment in the
amount of $15,600.00 pursuant to the terms of the Contract for the 2008 summer tennis lessons;
and

WHEREAS, pursuant to Article VIII of the Contract, the Township may terminate the Contract
if First Serve fails to meet payment schedule for each individual program.

NOW BE IT RESOLVED by the Township Committee of the Township of Bernards, Somerset
County, New Jersey that First Serve Tennis Academy LLC, has failed to fulfill the terms and
conditions of the Contract with the Township and hereby declares First Serve Tennis Academy,
LLC, in default of the Contract.

BE IT FURTHER RESOLVED that the Township Committee hereby terminates the Contract
with First Service Tennis Academy LLC.

BE IT FURTHER RESOLVED that a certified copy of this Resolution is served upon First
Service Tennis Academy LLC, to notify of the termination and to demand immediate payment of
any and all monies owed to the Township under the Contract.

BE IT FURTHER RESOLVED that the Township Committee hereby authorizes the Municipal
Attorney John Belardo to take any and all actions required to complete the termination of the
Contract and seek the payment of any and all monies owed to the Township from First Serve
Tennis Academy LLC, pursuant to the Contract.

Agenda and Date Voted: October 28, 2008

Explanatory Statement:

P&R contracted with First Serve Tennis Academy to provide seasonal tennis lessons. FSTA
has not paid the amount due for court use for the 2008 summer season. P&R also wishes to
terminate the remainder of the contract.

Dated: 10/21/08                             Jennifer Gander, Director Parks and Recreation


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




Date: October 21, 2008                Francis J. Decibus, QPA, RPPS, Purchasing Agent


                                                                                     CERTIFICATION

                                                         I hereby certify this is a true and exact copy of a resolution adopted
                                                         by the Bernards Township Committee on 10/28/2008.


                                                                          Denise Szabo, Municipal Clerk

				
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