[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]
Shall mean the Governing Body of the Borough of Cape May
Point.
Shall mean the Mayor of the Borough of Cape May Point.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
