Township of Morris, NJ Chapter 11 Contracts

[HISTORY: Adopted by the Township Committee of the Township of Morris as indicated in article histories. Amendments noted where applicable.]

Article I Regulation of Professional Service Contracts

[Adopted 8-17-2022 by Ord. No. 20-22; amended in its entirety 9-21-2022 by Ord. No. 21-22]

§ 11-1 Definitions.

A. For purposes of this article, a "redeveloper" means an individual, including: i) the individual's spouse; ii) any child living at home; iii) firm; iv) corporation; v) professional corporation; vi) partnership; vii) organization; viii) association; and/or principals who own 10% 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.

B. For purposes of this article, a "PAC" means any political action committee that is organized for the primary purpose of promoting or supporting Township municipal candidates or municipal officeholders.

C. For purposes of this article, the "applicable time period" means the time period between the earlier of the: i) the date that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the governing body directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment; or ii) any request from the redeveloper or its professionals to have the property included in such resolution to the later of: i) the termination of negotiations or rejection of any proposal; or ii) the termination of the redevelopment agreement.

D. For purposes of this article, a "professional" means all consultants or lobbyists contracted, employed, or otherwise engaged by the designated redeveloper to provide services related to the:

(1) Lobbying of government officials in connection with the examination of an area and its designation as an area in need of redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan;

(2) Obtaining the designation or appointment as redeveloper;

(3) Negotiating the terms of a redevelopment agreement or any amendments or modifications thereto; and

(4) Performing any related terms of a redevelopment agreement.

§ 11-2 Prohibition on awarding redevelopment agreements with certain contributors.

A. To the extent that it is not inconsistent with state or federal law, and except as provided by Subsection 2(C) below, the Township shall not enter into any agreement, amend any agreement or otherwise contract with any redeveloper, for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township, if that redeveloper who has solicited for or made any contributions to any Township candidates and/or officeholders, or any PAC during the applicable time period.

B. All development agreements or amendments thereto entered into by the Township shall contain a provision prohibiting redevelopers from soliciting or making any contribution to any Township candidates and/or officeholders, or to any Morris or Morris County political committee or political party committee or to any PAC during the relevant time period.

C. Any individual meeting the definition of "redeveloper" under this section may annually contribute a maximum of: i) $300 to any candidate for committee; and ii) $500 to a Township of Morris political party or PAC. However, any group of individuals meeting the definition of "redeveloper" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to: i) Township candidates and/or officeholders and/or Township of Morris political party and/or PAC; and ii) any Morris County Political Party. Such prohibitions shall apply to any professional of the redeveloper during the relevant time period.

§ 11-3 Contributions and contracts made prior to effective date.

No contribution made by a redeveloper or its professional shall be deemed a violation of this article, if such contribution was made by redeveloper or its professional prior to the effective date of this article.

§ 11-4 Contribution statement of redeveloper; notice given by municipality.

A. Prior to arranging and entering into a redevelopment agreement with any Redeveloper, the Township shall receive a sworn statement from the redeveloper made under penalty of perjury that the redeveloper or any of its professionals have not made a contributions in violation of § 11-2 of this article.

B. The redeveloper shall have a continuing duty to report any violations of this article that may occur during the negotiation or duration of any redevelopment agreement.

§ 11-5 Return of excess contributions.

A redeveloper may cure a violation of § 11-5 of this article, if, within 30 days after the election to which the contribution was attributed, the redeveloper notifies the Township Committee, in writing, and seeks and receives reimbursement of such contribution.

§ 11-6 Violations and penalties.

Any redeveloper who violates § 11-2 of this article shall have any current redevelopment agreement with the Township terminated and be disqualified from eligibility for future Township redevelopment agreements for a period of four calendar years from the date of the violation.

§ 11-7 Severability and effectiveness clause.

If any sentence, paragraph or section of this article, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this article shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this article.

§ 11-8 When effective.

This article shall become effective on the date of publication.