Water District Board Agrees to Support Settlement Between Contractors and Attorney General

Metropolitan Water Reclamation District (MWRD) Board Meeting - December 20, 2018

Approved by the Board
After more than an hour in executive session to discuss the terms of a negotiated settlement between two MWRD primary contractors and the Illinois Attorney General, the board ultimately agreed to support the settlement.  Its primary reason seems to be that if the settlement was not approved, the contractors would be legally able to bid on new contracts.  (Agenda Item #29)

• The basis of the investigation and settlement falls under the Illinois False Claims Act and specifically the claim by the principal contractors that a sub-contractor was falsely listed as a minority and small business enterprise but was materially not used. 
• In settling, the Attorney General required the primary contractors to “each enter into a Compliance Agreement with the District for three 3-year terms.  Included is the appointment of a corporate compliance officer familiar with the District’s affirmative action requirements; the retention of an independent monitor that will submit periodic reports directly to the district for work on District contracts; conduct six training sessions, and commit to increased utilization goals on any upcoming District contracts….  Further, one of the contractors will voluntarily not participate in any District contract lettings for a period of six months”.

In providing authority to advertise for native prairie landscape maintenance at various District service areas, Commissioner Shore specifically asked that the contract stipulate the exclusion of the use of the Round-Up herbicide, and Commissioner Avila stated that he wants the contract to be a role model for the proper use of herbicides.

Deferred by the Board
Without explanation, Commissioner McGowan requested and received a deferral on another resolution asking for authority to settle potential delay claims against the District arising out of various steel procurement issues for the McCook Reservoir Des Plaines Inflow Tunnel.  (Agenda Item #32)

Observer - Diane Edmundson