RESOLUTION NO. 2022-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $19,509 OF CDBG DISTRICT (D1=$8,939; D2=$5,285; D3=$5,285) FUNDS FROM “ALLEY IMPROVEMENTS - CITYWIDE (CDBG) (FY 17-18 TO FY 19-20),” PROJECT NO. 428-2590-XXXXX-68556 AND APPROPRIATING $19,509 OF CDBG DISTRICT (D1=$8,939; D2=$5,285; D3=$5,285) FUNDS TO “ADA CURB RAMPS AND PATH OF TRAVEL - CITYWIDE (CDBG) (FY 20-21),” PROJECT NO. 428-2590-XXXXX-67932 WHEREAS, the City Council desires to amend the FY 2021-22 Capital Improvement Program (CIP) Budget for CDBG funds; and WHEREAS, the City Council desires to reappropriate $19,509 of CDBG District (D1=$8,939; D2=$5,285; D3=$5,285) funds from “Alley Improvements - Citywide (CDBG) (FY 17-18 to FY 19-20),” Project No. 428-2590-XXXXX-68556 to “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 20-21),” Project No. 428-2590-XXXXX-67932.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council amends the FY 2021-22 CIP Budget by:
Unappropriating $19,509 of CDBG District (D1=$8,939; D2=$5,285; D3=$5,285) funds from “Alley Improvements - Citywide (CDBG) (FY 17-18 to FY 19-20),” Project No. 428-2590-XXXXX-68556 (428-2590-66196-68556); and Appropriating $19,509 of CDBG District (D1=$8,939; D2=$5,285; D3=$5,285) funds to “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 20-21),” Project No. 428-2590-XXXXX-67932 (428-2590-66196-67932).
SECTION 2. The City Council makes a Finding of Necessity for awarding this project with additional subcontractors not listed in the original Towo Enterprises, Inc. bid, due to the following facts:
Allowing additional DBE/WBE/MBE subcontractors is in conformity with the City’s stated bid documents intention for affirmative action,
It is necessary for the public good to make the most improvements in the most economical fashion possible and the Towo Enterprises, Inc. bid allows the City to do this,
The City is required to make timely expenditure of the CDBG funds intended to be used for the work to be awarded, Towo Enterprises, Inc. has otherwise been found to be the lowest responsible and responsive bidder, The City reserved its rights with the original bid documents to waive any irregularities or informalities in the bids or in the bidding of this work,
The City hereby waives the additional subcontractors not listed in the original Towo Enterprises, Inc. bid as an irregularity (and/or informality),
Proceeding to the next apparent lowest bidder would impact contingency funding that is needed to address any issues that may arise during the construction of this work,
Towo Enterprises, Inc. use of additional DBE/WBE/MBE subcontractors is in keeping with the City’s original bid documents intention to utilize local business and labor,
Towo Enterprises, Inc. belated use of additional DBE/WBE/MBE subcontractors is still in keeping with the City’s original bid documents intention for the bidders and Contractor to make a good faith effort to use DBE/WBE/MBE subcontractors, and
Towo Enterprises, Inc. has declared in their Minority Business Questionnaire that they are a 51% or more minority owned business.
SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this resolution and it shall become effective immediately upon its approval.
APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY 2022.
ATTEST: CITY OF POMONA:
__________________________________ ____________________________ Rosalia A. Butler, City Clerk Tim Sandoval, Mayor
APPROVED AS TO FORM:
__________________________________
Sonia Carvalho, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, Rosalia A. Butler, City Clerk of the City of Pomona do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Pomona held on the 28th day of February 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________
Rosalia A. Butler, City Clerk
Resolution No. 2022-42
February 28, 2022
Attachment No. 1