[Ord. No. 599-11]
It is the policy of the Borough to create regulations stating that a professional business entity which makes political contributions to elected officials who are responsible for awarding professional service contracts shall be ineligible to receive a public professional contract from the Borough of Cape May Point.
[Ord. No. 599-11]
COMMISSIONERS
Shall mean the Governing Body of the Borough of Cape May Point.
MAYOR
Shall mean the Mayor of the Borough of Cape May Point.
PROFESSIONAL BUSINESS ENTITY
Shall mean an individual, including an individual spouse and any child living at home, person, firm, corporation, professional corporation, partnership, organization or association that is seeking a professional services contract with the Borough of Cape May Point. The definition of a professional business entity also includes all 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.
PROFESSIONAL SERVICES CONTRACT
Shall mean those contracts awarded for professional services as defined by N.J.S.A. 40A:11-2(6) and 40A:11-5(1)(a)(i).
[Ord. No. 599-11]
a. 
The Borough of Cape May Point, its agencies or its independent authorities, shall not enter into an agreement or otherwise contract to procure professional services, including banking for the purpose of promoting or supporting Cape May Point municipal candidates or municipal officeholders, within one year immediately preceding the date of the contract or agreement.
b. 
No professional business entity which enters into negotiations for, or agrees to any professional services contract with the Borough of Cape May Point, its agencies or independent authorities for the rendition of professional, banking or insurance coverage services shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions to any Cape May Point candidate for the office of Commissioner or Mayor, or to any Cape May Point or Cape May County Committee or to any PAC that is organized for the primary purpose of promoting or supporting candidates for the office of Mayor or Commissioner between the first communication between the business entity and Cape May Point regarding a specific professional services contract and the later of the termination of negotiations with the Borough for the professional services contract or the completion of the contract.
c. 
All Cape May Point contracts shall provide that it shall be breach of the terms of the contract to violate this chapter or to conceal or to misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
d. 
All requests for proposals sent by the Borough of Cape May Point for professional services contracts shall provide that it shall be a breach of the terms of the contract for a professional business entity to violate any portions of this chapter or to conceal or misrepresent contributions given to or received by, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
[Ord. No. 599-11 adopted 10/13/11]
Any contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any candidate for the office of Mayor or Commissioner in the Borough of Cape May Point, or municipal or county party committee or PAC references in this chapter shall not be deemed a violation of this chapter, as shall any agreement for property, goods, or services of any kind whatsoever, if that contribution was made by the professional business entity prior to the effective date of this chapter.
[Ord. No. 599-11]
a. 
Prior to awarding any professional services contract, including banking or insurance coverage services, with any professional business entity, the Borough of Cape May Point or agencies, as the case may be, shall receive a sworn statement from the professional business entity that the bidder has not made a contribution in violation of this Chapter 6, Contract Awards, Pay to Play.
b. 
The professional business entity shall have a continuing duty to report any violations of this chapter that may occur during the negotiation or duration of a contract. The certification required under this section shall be made prior to entry into the contract or agreement with the Borough of Cape May Point and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. 599-11; New]
a. 
Any professional business entity, who fails to reveal a contribution made in violation of this chapter, or who makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Cape May Point contracts for a period of four calendar years from the date of the violation.
b. 
Any person who acts as an intermediary to violate, or assists others in violating, any portions of this chapter shall be subject to a fine not to exceed $2,000 per violation or imprisonment not to exceed 90 days, or community service not to exceed 90 days, in the discretion of the Municipal Court Judge.
[Ord. No. 599-11 § 7]
Should any section, part or provision of this chapter be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this chapter or any remaining part of this chapter as whole or in part, other than the part held unconstitutional or invalid.