§ 4-22.2. Awarding of contracts for any redevelopment works under the Local Redevelopment and Housing Law (hereinafter referred to as a "redeveloper").

A. 

Prohibition of awarding contracts for redevelopment work to certain contributors.

(1) 

Any other provision of law to the contrary notwithstanding, the Township 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 with any private party for the planning, replanning, construction or undertaking of any project or redevelopment work, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township of West Windsor pursuant to the Local Redevelopment and Housing Law (LRHL, N.J.S.A. 40A:12A-1 et seq.), if that redeveloper has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions, to a campaign committee of any West Windsor Township candidate or holder of public office within the Township having responsibility for the awarding of such contracts or to any West Windsor Township political party campaign committee for West Windsor Township election or political party campaign committees at the county level within one calendar year preceding the date of the contract or agreement.

(2) 

No redeveloper who enters into negotiations for or agrees to any contract or agreement with the Township or any department or agency thereof or of its independent authorities for the rendition of redevelopment work under the LRHL shall knowingly solicit or make any contribution of money or pledge of a contribution, including in-kind contributions, to any West Windsor Township candidate or holder of public office within the Township having responsibility for the award of the contract or to any West Windsor Township political party campaign committee for West Windsor Township election or political party campaign committees at the county level within one calendar year preceding the date of the contract or agreement between that redeveloper and the Township regarding a specific agreement for redevelopment work and the later of the termination of negotiations or the completion of the contract or agreement.

(3) 

For purposes of this section, a "redeveloper" means an individual, including the individual's spouse, if any, and any child living at home, a person, firm, corporation, professional corporation, partnership, organization or association seeking or obtaining redevelopment work as defined above. The definition of a redeveloper 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 provider as well as any subsidiaries directly controlled by the redeveloper.

(4) 

For the purposes of this section, the office that is considered to have responsibility for the award of the contract under the Act shall be:

(a) 

The West Windsor Township Council if the contract requires approval or appropriation from the Council or a public officer who is responsible for the award of a contract if that public officer is appointed by Council; or

(b) 

The Mayor of West Windsor Township if the contract requires the approval of the Mayor or a public officer who is responsible for the award of contract if that public officer is appointed by the Mayor; or

(c) 

Both of the above.

B. 

Contributions made prior to the effective date. No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any West Windsor Township candidate for Mayor or Township Council or West Windsor Township or Mercer County party political campaign committee 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 or agreement was made by the redeveloper prior to the effective date of this section.

C. 

Contribution statement by redeveloper.

(1) 

Prior to awarding any contract or agreement to procure services with any redeveloper, the Township or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made a contribution in violation of Subsection A hereof.

(2) 

The redeveloper shall have a continuing duty to report any violations of this section 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 and shall be in addition to any other certifications that may be required by any other provision of law.

D. 

Penalty.

(1) 

All redevelopment contracts, leases or other undertaking shall provide that it shall be a breach of terms of such agreements, as defined in Subsection A(3), to violate Subsection A(2) or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.

(2) 

Any redeveloper, as defined in Subsection A(3), who knowingly fails to reveal a contribution made in violation of this section or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four calendar years from the date of the violation.

Added 4-10-2006 by Ord. No. 2006-05