253-22 Resolution (3 percent) for Phase IA of Flood Mitigation Project - JMEUC 2022.pdf

#13390882.1 AFFIDAVIT OF THE CHIEF FINANCIAL OFFICER OF THE LOCAL UNIT PURSUANT TO N.J.S.A. 40A:4-52 I, JOHN GROSS, Chief Financial Officer of the Township of West Orange, in the County of Essex, State of New Jersey (the "Local Unit"), hereby make the following certification pursuant to the provisions of N.J.S.A. 40A:4-52. Accordingly, I DO HEREBY CERTIFY to the following: 1. Purpose of Emergency Appropriation - An emergency appropriation in the amount of $2,520,361 is hereby authorized and made to appropriate the Local Unit’s allocable share of the unfunded portion of Phase 1 of the Flood Mitigation Facilities Project of the Joint Meeting of Essex and Union Counties (the “Joint Meeting”) consisting of the construction of an Effluent Pumping Station, which will be connected to the existing twin outfall channels to the Arthur Kill (“Phase I of the Project”). Phase I of the Project has experienced delays due to many factors, including but, not limited to, delays in receiving approval of the New Jersey Department of Environmental Protection, the financing process, and, primarily, as a result of the COVID- 19 pandemic. Due to these delays, the Joint Meeting did not solicit and receive bids on Phase I of the Project until July of 2022. The bids received for Phase I of the Project were substantially more than originally projected and more than the $21,392,365 amount that was financed through the New Jersey Infrastructure Bank (the “I-Bank”) by the Members and the Township of Elizabeth through their respective construction financing program notes issued in 2020. In order to execute a contract with the lowest responsible bidder and lock in construction costs for Phase I of the Project, the Joint Meeting will need to have access to an additional $31,361,958 of which the Local Unit’s allocable share is $2,520,361. The total cost to the Local Unit of the emergency appropriation was not a known or foreseen amount at the time of the adoption of the current year’s fiscal budget and an adequate provision for such cost was not made in said budget. The emergency appropriation is being made to meet a pressing need for public expenditure to protect or promote the public health, safety, morals or welfare of residents of the Local Unit and is necessary for the protection and efficient operation of the Joint Meeting’s wastewater system. Due to the fact that no adequate provision

afety, morals or welfare of residents of the Local Unit and is necessary for the protection and efficient operation of the Joint Meeting’s wastewater system. Due to the fact that no adequate provision was made in the Local Unit’s budget for the year ended December 31, 2022 for the aforesaid purpose, N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for aforesaid purpose. 2. Total Appropriations - The total amount of the emergency appropriations created in calendar year 2022, including the emergency appropriation to be created by this resolution, is $2,520,361 and three percent (3%) of the total current and utility operating appropriations in the budget for the calendar year ending December 31, 2022 is $2,657,391.52. The total current operating and utility appropriations of the Local Unit for calendar year 2022 are $88,579,717.31. 3. Contracts - No contracts have been awarded or purchase orders placed in connection with this emergency appropriation.