Township Council Meeting — Packet

AFFIRMATIVE ACTION AFFIDAVIT (To be completed by firms with less than 50 employees) STATE OF NEW JERSEY ) COUNTY OF ESSEX ) |, of the (City, Town, Borough, Township) of in the County of State of of full age, being duly sworn according to law on my oath, depose and say that: 1. lam (President, Partner, Owner) of the Firm of a bidder making a proposal upon the above named project 2. does not have 50 or more employees, inclusive of all officers and employees of every type 3. 1am familiar with the Affirmative Action requirements of P.L. 1975, C. 127 and the rules and regulations issued by the Treasurer, State of New Jersey, pursuant thereto. 4. has complied with all Affirmative Action requirements of the State of New Jersey, including those required by P.L. 1975, C. 127, and the rules and regulations issued by the Treasurer, State of New Jersey, pursuant thereto. 5. lam aware that if does not comply with P.L. 1975, C. 127, and the rules and regulations pursuant thereto, that no monies will be paid by the State of New Jersey, County of Essex, (City, Town, Borough, Township) of » until an Affirmative Action Plan is approved. | am also aware that the contract may be terminated and the may be debarred form all public contracts for a period of up to five (5) years. 6. Inthe event my workforce increases to 50 employees, | must contact the State Affirmative Action Office and complete the Employee Information Report Signature of Authorized Representative Subscribed and Sworn to me before me the day of 2019 (SEAL) Notary Public of New Jersey Print Name and Title COMMUNITY DEVELOPMENT FUNDED PROJECT Essex County is an Equal Opportunity Employer

HIGHLIGHTS OF HUD’S PROPOSED RULE AMENDING SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 What is Section 3? Section 3 of the Housing and Urban Development Act of 1968 (Section 3) ensures that HUD-funded jobs training, and contracts are provided to local low-income residents, particularly those that reside in public housing, and businesses that substantially employ them. Why is HUD Publishing a Proposed Rule to Amend the Current Section 3 Regulation? The current Section 3 regulation at 24 CFR § 135 is vague in areas that have proved to be confusing and lead to differing interpretations. The Section 3 proposed rule seeks to: 1) clarify obligations for PHAs and other grantees; 2) incorporate HUD programs that have been created since the publication of the current regulation; and 3) codifies “best practices” that have proved successful for providing employment and contracting opportunities. What is the Status of the Section 3 Proposed Rule? On [insert date] the Section 3 Proposed Rule was published in the Federal Register for a 60 day public comment period. To review the Section 3 Proposed Rule or provide public comments, please visit: www.huduser.org/portal/economicOpportuniti es.html All comments must be received by: May 26, 2015 What Are the Major Highlights of the Section 3 Proposed Rule? The Section 3 Proposed Rule: 1. Establishes clearer guidelines for achieving compliance “to the greatest extent feasible”. 2. Requires “new hires” to work a minimum percentage of hours. 3. Revises the definition of a “Section 3 Business”. 4. Sets a new funding threshold for non- PHA grantees. 5. Removes the 3% minimum numerical goal for non-construction contracts. 6. Requires PHAs and other grantees to monitor contractor payroll data. 7. Mandates reference to Section 3 requirements in Project Labor Agreements. > 8. Incentivizes job retention and the provision of apprenticeship opportunities for Section 3 residents. 9. Allows grantees to accept self- certifications or presume eligibility. 10. Imposes penalties for failure to submit Section 3 annual reports. 11. Imposes program sanctions on PHAS and grantees that fail to comply. 12. Stipulates that relief may possibly be provided to aggrieved entities. How Do | Find Out More Information About Section 3? Please visit: www.hud.gov/section3

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66 AGENCY NAME or TOWNSHIP OF. NAME OF PROJECT FUNDED BY S$. FEDERAL GRANT $___ LOCAL SHARE U.S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ESSEX COUNTY DIVISION OF HOUSING & COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT NO. B ___- UC-34-0101 JOSEPH N. DIVINCENZO, JR. JOHN M. SOARES COUNTY EXECUTIVE DIVISION DIRECTOR ARCHITECT/ENGINEER CONTRACTOR ‘ADDRESS ‘ADDRESS insert local officials if desired GRADE. Spacing to Letter bottom of Height and letters color 4" WHITE " WHITE 2" WHITE , 2" BLACK 2" BLACK - 2" BLACK —+ sk ® N 2" BLACK 2:0" 2'0" 20" 20" 2'0O" RED BACKIN 2°10"WHITE BACKING 1°2" BLUE

BUILD AMERICA BUY AMERICA (BABA ) REGULATIONS If total project costs (not just the CDBG award amount) exceed $250,000, the Grantee, the General Contractor and Sub Contractors must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The BABA requirement is waived for projects with a total cost that is $250,000 or less and/or for a de minimis portion whereby covered materials used in a project comprise no more than 5 percent of the total cost, up to $1 million. BABA requires that products purchased in connection with infrastructure projects funded by Federal financial assistance programs must be produced in the United States. This requirement is known as the “Buy America Preference (BAP).” The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States, Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products (material or supply used in an infrastructure project that is not iron or steel or a construction material; when two or more materials are combined, they should be treated as a manufactured product) used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured

the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Construction materials include plastic materials such as PVC pipe, glass, lumber, and drywall. The definition of construction materials does not include cement and aggregates (stone, sand, gravel).

MEETING FEDERAL LABOR STANDARDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED PROJECTS JOSEPH N. DI VINCENZO, JR JOHN M. SOARES Essex County Executive Division Director Revised 11.18.24