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HomeMy Public PortalAboutr 08:090 2ihzolufioit of..t!r~- tiormgq of Qtctrf~rd1 ~~ W~ No. 08-90 Date of Adoptio PROFESSIONAL SERVICES CONTRACT WITH ERIC J. MARCY, ESQ. / P AUL WEAVER WHEREAS, Police Officer Paul Weaver has requested that the Borough of Carteret provide for his legal defense in a Mmricipal Court proceeding instituted against him as a result of the' perfonnance of his duties; and WHEREAS, pursuant to NJ.S.A. 40A:14-l55 and the Collective Bargaining Agreement with the P.B.A. Local 47, the Borough is obligated to provide said lega!.couTIsel 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 $500.00 for any case adjudicated by any municipal court in the State of New Jersey; and \VHEREAS, the legal services required to provided said defense are professional in nature and therefore exempt from the bidding requirements ofN.J.S.A. 40A:11-5(I)(a) in accordance with the Borough's Fair and Open Process as authorized by law; and WHEREAS, the Chief Financial Officer has certified that funds are available for same; and WHEREAS, Police Officer Paul Weaver has requested the legal representation of Eric J. Marcy, Esq. ' NOW, THEREFORE, BRIT RESOLVED, by the Mayor and Council of the Borough of Carteret that the appointment of Eric J. Marcy, Esq. to provide a legal defense for Police Officer Paul Weaver is hereby approved at a rate of $125.00 per hour not to exceed the sum of $500.00; a~d 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:11-5(1)(a) due to the specialized and professional nature of the services provided. . ..Adopted this 10th day of April, 2008 and certified as a true copy "fthe original.on April II, 2008. KATHLEENM. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE 'i GOUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NY A.B. . BELLINO . KRUM v X COLON . NAPLES y X DIAZ X SITARZ X X-Indicate Vote AB ~ Absent NV -Not Voting "XOR- Indicates Vote to Ovenule Veto Adopted at a meeting of the Municipal Council ~7AP~~ .. _ .~~j;; / _._': . _ ~r"'?"'. 2008 ----- l BOROUGH OF CARTERET 2Mnrn1tg~ nf QIttrlerd No, 1567 P. 1 Ap r. 7. 2008 3: 54PM MIDDLEsex COUNTY ;MZ&. JJtr5~\T o OFPCCE OP (A,1'HLEE]<( M. 8A,R'NE:(, RMC/C~1C MtJ]<(tcrl'.'..L CLE1U<; Date: t;'-7,~tJ ? TO: Patrick DeBlasio, Treasurer Borough of Carteret REQUEST FOR CERTIFICATION OF AVAILABLE FUNDS: For: JRGAT. DEFENSR FOR pl)nr.E OPFTr.BJl PAIIT l<1l?.A17l?R Name at Account: RESOLUTION #08-90 AMOUNT TO BE ENCUMBERED: total cost not to exceed $500,00 " ~-~-~--~~--------~~~~~~~~-~------~---~~~~~~~~~~~-----~--~-~~--~- --- I, Treasurer of the Borough of Cllrteret, do hereby'certifX::(thi.':'S't,,;. there are sufficient funds available in the' current bud~~:~}>to<>'.;\ enable the Hunid.pal CouIlcil to lltltho'd.ze the entering J,~rt 0 a "j','\"\\ Contract be tween the Borough of Catteret' and:, \"'\ ,,~'\\ \ " I,~ ) '"J::.t ~ ' '. '" ((Ii The f:~'~L a~:l.l~ ~r;r ~rcontract ate in the Budget I {~~~W~{,C( >/ account ofl CERTIFICATION OF. AVAILABILITY OF FUNDS Le(r#- O-E in the amount of: :f;5 =- . By this certification. I have hereby encumbered the above named account for the amount of the contraot pending Counai~ action. f~~d- Patrio DeHlaaio, Tl:'eallurer . . DATE I Lf h I~l, AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. one (1) times, once in each issue as follows: April 15, 2008 /~ ~ At:e7lCu.,iJI! _.~ Kathleen M. Barney, MMC . Municipal Clerk ..-J:::7 _ /),)J ' ~-"'C1,~..L",-, L-/'. ';Yv~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2,2011 Sworn and subscribed before me this )~ k( day of C( L;;n..<.(!) , 1 .;L cor / ~c:o bc{',,1