As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY SEEKING A PUBLIC CONTRACT
An individual, including the individual's spouse, if any, and any child living at home, person, firm, corporation, professional corporation, partnership, organization or association. The definition of a "business entity" includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
PROFESSIONAL BUSINESS ENTITY
A business entity as defined in this section which provides services by individuals are required to be professionally licensed under the laws or regulations of this state or which provides "extraordinary unspecifiable services" pursuant to N.J.S.A. 40A:11-5(1)(a)(ii).
A. 
Any other provision of law to the contrary notwithstanding, the City of Cape May or any of its purchasing agents or agencies or those of its independent authorities, boards or commissions, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity if that entity has solicited or made any contribution of money or pledge of a contribution, including in-kind contributions, to a campaign committee of any candidate for or holder of the office of Mayor or Council of the City of Cape May or to any City of Cape May political party committee, in excess of the thresholds specified in Subsection C of this section within one calendar year immediately preceding the date of the contract or agreement.
B. 
No professional business entity which enters into negotiations for or agrees to any contract or agreement with the City of Cape May or any department or agency thereof or of its independent authorities for the provision of professional services shall knowingly solicit or make any contribution of money or pledge of a contribution including in-kind contributions in excess of the thresholds specified in Subsection C of this section to a campaign committee of any candidate for or holder of the office of Mayor or Council of the City of Cape May or to any City of Cape May political party committee between the time of first communications between that business entity and the City of Cape May regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. 
Notwithstanding Subsections A and B above, any individual who is a professional business entity may annually contribute a maximum of $400 each for any purpose to any candidate for or holder of the offices of Mayor or Council of the City of Cape May, or $500 to any City of Cape May party committee, without violating this § 10-142; provided, however, that no group of individuals meeting the definition of a professional business entity may, in the aggregate, contribute annually for any purpose in excess of $2,500 to all City of Cape May candidates for or holders of the offices of Mayor or Council and all City of Cape May party committees combined without violating § 10-142 of this article.
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any candidate for or holder of the office of Mayor or Council of the City of Cape May, or City of Cape May party committee shall be deemed a violation of this article, nor shall an agreement for services be disqualified thereby if that contribution or agreement was made by the professional business entity prior to the effective date of this article.[1]
[1]
Editor's Note: This article was originally adopted 5-27-2004 by Ord. No. 1337-2004, and the effective date of that ordinance was 6-6-2004.
A. 
Prior to awarding any contract or agreement to procure services with any professional business entity, the City or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional business entity has not made a contribution in violation of § 10-142 hereof.
B. 
The professional business entity 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 section shall be made prior to entry into the contract or agreement with the City and shall be in addition to any other certifications that may be required by any other provision of law.
A. 
All City of Cape May professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity to violate § 10-142 or to knowingly conceal or 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.
B. 
Any professional business entity who knowingly fails to reveal a contribution made in violation of this article or who knowingly 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 City contracts for a period of four calendar years from the date of the violation.
C. 
Nothing herein shall be deemed to apply to contributions made to any county or state campaign committee, candidate or officeholder, or to any county or state party committee or campaign committee.
A. 
Neither the Chief Financial Officer nor his or her designee shall issue a certification of availability of funds without first receiving a certification from the City Administrator or City Manager that the disclosures required by this regulation have occurred and that such disclosures do not violate the contribution limits set forth herein.
B. 
No contract or agreement for professional services shall be signed and delivered to any professional business entity without full compliance with this regulation.