Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Maplewood as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2006 by Ord. No. 2339-06]

§ 20-1 Purpose.

The policy of the Township of Maplewood will be to create a regulation which states that a professional service provider which makes political contributions to elected officials who are responsible for awarding professional service contracts shall be ineligible to receive a public professional service contract from the Township of Maplewood.

§ 20-2 Awarding of public contracts to certain contributors.

A. 
Any other provision of law to the contrary notwithstanding, the Township of Maplewood or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional service provider if that provider has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions, to any Township of Maplewood municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, to any Township of Maplewood party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties within one calendar year immediately preceding the date of the contract or agreement.
B. 
No professional service provider which enters into negotiations for, or agrees to, any contract or agreement with the Township of Maplewood or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other consulting services shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Township of Maplewood municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Township of Maplewood party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties between the time of first communications between that business entity and the Township of Maplewood regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. 
No professional service provider shall make a contribution to an Essex County party committee or organization at least 60 calendar days prior to any contribution being made by an Essex County party committee or organization to any Township of Maplewood municipal candidate or holder of public office having ultimate responsibility for the award of a contract, or campaign committee supporting such candidate or officeholder, or to any Township of Maplewood party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties.
D. 
For purposes of this article, a professional service provider seeking a public contract means an individual including the individual's spouse, if any, and any child living at home; person; firm; corporations; professional corporation; partnership; organization or association. The definition of a business entity includes all principals who own 1% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Township Committee of the Township of Maplewood or a public officer who is responsible for the award of a contract if that public officer is appointed by the Township Committee.

§ 20-3 Contributions made prior to the effective date.

No contribution of money or any other thing of value, including in-kind contributions, made by a professional service provider to any municipal candidate for Maplewood Township Committee or municipal party committee or PAC referenced in this ordinance shall be deemed a violation of this section, nor shall an agreement for property, goods, or services of any kind whatsoever be disqualified thereby, if that contribution was made by the professional service provider prior to the effective date of this article.

§ 20-4 Contribution statement by professional business entity.

A. 
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional service provider, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional service provider made under penalty of perjury that the bidder or offeror has not made a contribution in violation of this article.
B. 
The professional service provider shall have a continuing duty to report any violations of this article that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township of Maplewood and shall be in addition to any other certifications that may be required by any other provision of law.

§ 20-5 Violations and penalties.

A. 
All Township of Maplewood professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional service provider, as defined in this article, to violate this article or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries or any Essex County Party Committee for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any professional service provider, as defined in this article, who knowingly fails to reveal a contribution made in violation of this article, or who knowingly makes or solicits contributions through an intermediary, including but not limited to an Essex County Party Committee, for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Township of Maplewood contracts for a period of four calendar years from the date of the violation.
[Adopted 9-5-2006 by Ord. No. 2367-06]

§ 20-6 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
APPLICABLE TIME PERIOD
The time period commencing on the date that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the Township Committee of the Township of Maplewood directing the Township of Maplewood Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment pursuant to and in accordance with the Redevelopment Act and terminating on the date of completion of all matters specified in any agreement and/or modification of an agreement pertaining to a redevelopment project.
CONTRIBUTION
A contribution of money, pledge or promise of a contribution of money, an in-kind contribution or exchange for other than fair market value for the goods or services, or a pledge or promise of an in-kind contribution or exchange for other than fair market value for the goods or services, whether made directly or indirectly through third parties such as lobbyists, consultants, attorneys, family members, engineers, employees or other professionals.
ENTITY THAT PROVIDES LOCAL ELECTION FINANCING
Any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties. A PAC shall be deemed to regularly engage in the support of municipal elections and/or municipal parties if it has given money to a municipal candidate, municipal party or Essex County party within two calendar years immediately preceding the date of a lease, contract or agreement between a redeveloper and the Township of Maplewood.
LOCAL ELECTION CAMPAIGN
A candidate for Township Committee of the Township of Maplewood or a holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or a joint campaign committee supporting such candidates or officeholders, or any Township of Maplewood party committee, or any Essex County party committee.
REDEVELOPER
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this act, or for any construction or other work forming part of a redevelopment or rehabilitation project," or as may be amended from time to time by the Legislature. For the purposes of this article, the definition of "redeveloper" further includes all subdevelopers who are under contract with a redeveloper to perform redevelopment work within the Township of Maplewood. For the purposes of this article, the definition of "redeveloper" includes all persons who own 1% or more of the equity in the firm, partnership, corporation, business trust or other entity performing the redevelopment work. For the purposes of this article, the definition of "redeveloper" includes subsidiaries owned or controlled by the redeveloper. Spouses and registered domestic partners of a person defined as a redeveloper in this article, as well as adult children domiciled with a person defined as a "redeveloper" in this article, shall also be considered "redevelopers" subject to this article.
REDEVELOPMENT
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "clearance, replanning, development and redevelopment; the conservation and rehabilitation of any structure or improvement, the construction and provision for construction of residential, commercial, industrial, public or other structures and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, parks, playgrounds, or other public purposes, including recreational and other facilities incidental or appurtenant thereto, in accordance with a redevelopment plan," or as may be amended from time to time by the Legislature.
REDEVELOPMENT AREA or AREA IN NEED OF REDEVELOPMENT
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "an area determined to be in need of redevelopment pursuant to [N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-6] or determined heretofore to be a 'blighted area' pursuant to [N.J.S.A. 40:55-21.1 et seq.] repealed by this act, both determinations as made pursuant to the authority of Article VIII, Section III, paragraph 1 of the Constitution. A redevelopment area may include lands, buildings, or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary, with or without change in their condition, for the effective redevelopment of the area of which they are a part," or as may be amended from time to time by the Legislature.
REDEVELOPMENT PLAN
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "a plan adopted by the governing body of a municipality for the redevelopment or rehabilitation of all or any part of a redevelopment area, or an area in need of rehabilitation, which plan shall be sufficiently complete to indicate its relationship to definite municipal objectives as to appropriate land uses, public transportation and utilities, recreational and municipal facilities, and other public improvements; and to indicate proposed land uses and building requirements in the redevelopment area or area in need of rehabilitation, or both," or as may be amended from time to time by the Legislature.
REDEVELOPMENT PROJECT
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "any work or undertaking pursuant to a redevelopment plan; such undertaking may include any buildings, land, including demolition, clearance or removal of buildings from land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and administrative, community, health, recreational, educational, and welfare facilities," and as may be amended from time to time by the Legislature.
REDEVELOPMENT WORK
Any work or undertaking pursuant to a redevelopment plan, including but not limited to the planning, replanning, construction or undertaking of any redevelopment project, or the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township of Maplewood pursuant to the Redevelopment Act.
REHABILITATION
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "an undertaking, by means of extensive repair, reconstruction or renovation of existing structures, with or without the introduction of new construction or the enlargement of existing structures, in any area that has been determined to be in need of rehabilitation or redevelopment, to eliminate substandard structural or housing conditions and arrest the deterioration of that area," or as may be amended from time to time by the Legislature.
REHABILITATION AREA or AREA IN NEED OF REHABILITATION
Shall have the meaning set forth in N.J.S.A. 40A:12A-3: "any area determined to be in need of rehabilitation pursuant to [N.J.S.A. 40A:12A-14]," or as may be amended from time to time by the Legislature.
B. 
Any phrase or word not specifically defined in this article but defined in N.J.S.A. 40A:12A-3 shall have the meaning set forth in N.J.S.A. 40A:12A-3.

§ 20-7 Prohibition against awarding public contracts to campaign contributors; prohibition against contributions by redevelopers; responsibility for award of contract.

A. 
Any other provision of law to the contrary notwithstanding, the Township of Maplewood or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or modification of an agreement, or otherwise contract with any redeveloper for redevelopment work, if that redeveloper has solicited or made any contribution during the applicable time period to any local election campaign or to any entity that provides local election financing.
B. 
No redeveloper, as defined by this article, shall solicit or make any contribution during the applicable time period to any local election campaign or to any entity that provides local election financing.
C. 
For purposes of this article, the office that is considered to have ultimate responsibility for the award of the contract shall be the Township Committee of the Township of Maplewood or a public officer who is responsible for the award of a contract if that public officer is appointed by the Township Committee.

§ 20-8 Contributions made prior to effective date.

No contribution made by a redeveloper during the applicable time period to a local election campaign or to any entity that provides local election financing shall be deemed a violation of this article, nor shall an agreement for redevelopment projects, property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the redeveloper prior to the effective date of this article.

§ 20-9 Disclosure certification by redeveloper.

A. 
Contents of certification.
(1) 
Prior to awarding any contract or agreement to procure services, or a lease, with any redeveloper, the Township of Maplewood or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall receive a sworn statement from the redeveloper made under penalty of perjury that:
(a) 
The redeveloper has not made a contribution during the applicable time period to a local election campaign or to an entity that provides local election financing;
(b) 
The redeveloper has not knowingly concealed a contribution given or received;
(c) 
The redeveloper has not engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make such a contribution, which if made or solicited by the redeveloper itself would subject the redeveloper to the restrictions of this article;
(d) 
The redeveloper has not funded contributions made by third parties, including but not limited to consultants, attorneys, family members, engineers and employees, which would subject the redeveloper to the restrictions of this article if made by the redeveloper itself;
(e) 
The redeveloper has not made a contribution to an entity on the condition or with the understanding that it will be contributed to a local election campaign or an entity that provides local election financing;
(f) 
The redeveloper has not engaged in any exchange of contributions or in-kind contributions to circumvent the intent of this article or to conceal or misrepresent the source of a contribution; and
(g) 
The redeveloper has not directly or indirectly, through or by any other person or means, done any act which would subject the redeveloper to the restrictions of this article.
(2) 
The certification shall also contain:
(a) 
A disclosure of the type of business entity;
(b) 
The names, addresses and ownership interests of all owners of the entity;
(c) 
The identification of any subsidiaries owned or controlled by the entity; and
(d) 
For each person with an ownership interest in the entity of 1% or more ("owner"): the identification of the owner's spouse, identification of the owner's registered domestic partner, and identification of any adult children domiciled with the owner.
B. 
The disclosure certification required under this section shall be made prior to entry into the contract, agreement, or lease with the Township of Maplewood and shall be in addition to any other certifications that may be required by any other provision of law.
C. 
Prior to entering into any contract or agreement for services with any subdevelopers to perform redevelopment work within the Township of Maplewood, a redeveloper who has entered a contract, agreement or lease with the Township of Maplewood shall receive a sworn statement from the subdeveloper made under penalty of perjury in the form prescribed in Subsection A above, which shall be submitted promptly to the Clerk of the Township of Maplewood. A subdeveloper shall not be eligible to contract with a redeveloper if the subdeveloper has made a contribution during the applicable time period to a local election campaign or to an entity that provides local election financing.
D. 
Any redeveloper shall have a continuing duty to report any violations of this article that may occur during the applicable time period and shall have a continuing duty to advise of any errors or omissions in the disclosure certification.

§ 20-10 Prohibited acts; violations and penalties.

A. 
It shall be a breach of the terms of the contract, agreement or lease for a redeveloper who has entered a contract, lease or agreement with the Township of Maplewood to:
(1) 
Make a contribution during the applicable time period to a local election campaign or to an entity that provides local election financing;
(2) 
Knowingly conceal a contribution given or received;
(3) 
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make such a contribution, which if made or solicited by the redeveloper itself would subject the redeveloper to the restrictions of this article;
(4) 
Fund contributions made by third parties, including but not limited to consultants, attorneys, family members, engineers and employees, which would subject the redeveloper to the restrictions of this article if made by the redeveloper itself;
(5) 
Make a contribution to an entity on the condition or with the understanding that it will be contributed to a local election campaign or an entity that provides local election financing;
(6) 
Engage in any exchange of contributions or in-kind contributions to circumvent the intent of this article or to conceal or misrepresent the source of a contribution;
(7) 
Directly or indirectly, through or by any other person or means, do any act which would subject the redeveloper to the restrictions of this article;
(8) 
Intentionally fail to disclose information required by the disclosure statement; or
(9) 
Fail to obtain and promptly submit to the Clerk of the Township of Maplewood the required disclosure statement from a subdeveloper.
B. 
Any redeveloper, as defined in this article, who makes a contribution during the applicable time period to a local election campaign or to an entity that provides local election financing, or who engages in any activity set forth in Subsection A above, shall be disqualified from eligibility for future Township of Maplewood contracts, including but not limited to redevelopment work, for a period of four calendar years from the date of the violation.