40-18 Exhibit for Public Defender - 2018.pdf

PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on this ge day of January, 2018 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, with it Township Hall located at 66 Main Street, West Orange, New Jersey 07052, (the “TOWNSHIP”) and Joseph A. Deer, Esq., attorney at law of the State of New Jersey, with an office at 571 Bloomfield Avenue, Verona, New Jersey 07044 (“Deer”). WITNESSETH THAT: WHEREAS, pursuant to N.J.S.A. 2B:24-3, all municipalities are required to have a municipal public defender appointed by the governing body to perform the duties set forth in NJ.S.A. 2B:24-6; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The Township hereby retains the services of Joseph A. Deer, Esq. (“Deer”) as the municipal public defender commencing on January 1, 2018 and the Township agrees to pay Deer at a rate of Three Hundred Fifty Dollars ($350) per court session as an independent contractor (“Session Fee’). 2. Deer shall be entitled to payment for such services rendered upon submission of duly executed vouchers on a monthly basis detailing the number of sessions actually rendered which shall be submitted to the Chief Financial Officer of the Township. 3. No later than January 15, 2018, Deer shall provide to the Township a proof of professional malpractice insurance in the amount of not less than $500,000 per occurrence and $1,000,000 in the aggregate. Deer shall maintain this level of insurance for the entire duration of his term as the Municipal Public Defender. 4. Deer is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the Township of West Orange possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that 4