HomeMy Public PortalAboutResolution 01:145No. 01-145 Date ot'AdoplionMay 3} 2001
PROFESSIONAL SERVICES CONTRACT
WITH BARRY ALBIN, ESQ.
WHEREAS, Police Officer Juan Rivera has requested that the Borough of Carteret
provide for his legal defense in a Municipal Court proceeding instituted against him as a
result of the performance of his duties: and
WHEREAS, pursuant to N.J.S.A. 40A: 14-155 and the Collective Bargaining Agreement
with the P.B.A. Local 47, the Borough is obligated to provide said legal counsel to police
officers charged with a criminal offense while in the performance of their duties; and
WHEREAS, pursuant to Ordinance #94-59 the Mayor and Council of the Borough of
Carteret have established a rate to be paid to attorneys hired to provide said defense at a
rate of $125.00 per hour not to exceed $1,000.00 for any case adjudicated by any
municipal court in the State of New Jersey; and
WHEREAS, the legal services required to provided said defense are professional in
nature and therefore exempt from the bidding requirements of N.J.S.A. 40A: 11-5(1)(a);
and
WHEREAS, the Chief Financial Officer has certified that funds are available for same;
and
WHEREAS, Police Officer Juan Rivera has requested the legal representation of Barry
Albin, Esq.
NOW, THEREFORE, BE 1T RESOLVED, by the Mayor and Council of the Borough
of Carteret that the appointment of Barry Albin, Esq. to provide a legal defense for Police
Officer Juan Rivera is hereby approved at a rate of $125.00 per hour not to exceed the
sum of $1,000.00; and
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby
authorized to execute a contract for such services; and
BE IT FURTHER RESOLVED that said contract is awarded without competitive bids
in accordance with N.J.S.A. 40A:ll-5(1)(a) due to the specialized and professional
nature of the services provided.
Adopted this 3rd day of May, 2001
and certified as a true copy of the
original on May 4, 2001.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCIl,MAN YES NO-- NV A.B.
FAZEKAS X RIOS X
QU INONES X SANTORO X
REIMAN X SOHAYDA X 'i__/
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indiclues Vote to Ovcm,lc VeI~ CD
Adopted at a meeting of the Municipal Council
~ May 3, 2001