Audit, Procurement of responsible bidder, Residency requirement fraud
You can tune into the livestream and view today’s @MWRDGC agenda at https://mwrd.legistar.com/DepartmentDetail.aspx?ID=1622&GUID=5E16B4CD-0692-4016-959D-3F080D6CFFB4
The meeting is called to order. 8 are present, constituting a quorum
Comm. Sepulveda is attending virtually, as she is offsite doing MWRD business
The previous board minutes are approved. There are no public comments. The meeting moves into the committee as a whole.
The first item up for discussion is Item 1: RESOLUTION sponsored by the Board of Commissioners recognizing June 19th as Juneteenth
Comm. Davis speaks to the importance of recognizing Juneteenth and acknowledging that injustices still exist.
Next up is Item 6: Report on the 2021 Annual Comprehensive Financial Reports of the Metropolitan Water Reclamation District of Greater Chicago and of the Metropolitan Water Reclamation District Retiree Health Care Trust
Comm. Garcia thanks staff for preparing these reports. Jody Dobson, partner with Baker Tilly will now present audit results to the Board
Dobson: The district received a clean, unmodified opinion, both reports received certificates of excellence in financial reporting in 2020. The 2021 report should also receive this certificate.
The audit looks at cash and investing, tax revenue, inventory and capital assets, payrolls, IT controls, among other areas. They are responsible for obtaining reasonable assurance that it is free for material misstatements
Dobson notes there were no compliance findings, a very positive report.
Next up is Item 8: Authority to advertise Contract 22-RFP-14 SAP Consulting Services, estimated cost $450,000.00, Account 101-27000-612430, Requisition 1581184
Comm. Garcia wants to move defer to the afternoon - motion approved.
Last is Item 25: a rebid for contract w/ North Side Sludge Pipeline Replacement Section 1, NSA, to Joel Kennedy Constructing Corp.
Comm. Davis raises this item, which was discussed at the previous MWRD meeting - the company previously had issues with alleged fraudulent reporting at other agencies
Patrick Blanchard, Cook County Independent Inspector General, says his office became aware of the issue last summer. He says there has been no notable update since the previous meeting - there is ongoing litigation
Comm. Garcia asks if bidding process is legitimate and if there are guarantees that there will be no issues if the company is voted on today
Reps from the office of the inspector general, general counsel, and engineering dept. note that all procedures and vetting were followed in approving this bid. Engineering was made aware of the situation at the time of the bid
VP Barbara McGowan says that there is no policy to turn away bids for contractors that have issues with other agencies. She says that if MWRD is going to start turning away contracts, the board should make a policy and do it across the board
McGowan says this company has worked for MWRD in the past and there have been no issues.
Comm. Davis: “I’m very uncomfortable with this item” - asks for roll call vote
Comm. Morita asks about current state of these allegations. The city did determine that there was a pattern of fraud regarding the city residency ordinance. That determination is now in litigation.
Comm. Morita agrees w/ VP McGowan that this needs a policy change as company has complied with their requirements thus far.
Pres. Steele notes that this company was found to be the responsible bidder. She trusts staff to do their job: “I’m not going to interfere with staff doing their job especially not at this point in the process.”
Here is a Sun Times article on the previous allegations https://chicago.suntimes.com/2021/4/9/22371874/joel-kennedy-constructing-corp-chicago-residency-ordinance-city-contract-ban-shannon-andrews
Comm. Sepulveda asks for clarification on the allegations - if it was a mistake or falsified maliciously. IG responds that there was an intent to commit fraud.
Here is a follow up story, which notes that the “phonied-up documents made it appear that, as a city ordinance requires, more than half of the work that Joel Kennedy Constructing Corp. did on those jobs was done by Chicago residents, city records show.”
https://chicago.suntimes.com/2021/5/14/22433937/joel-kennedy-constructing-corp-chicago-contractor-residency-requirement-joseph-ferguson
Section 11.11 in procurement act stipulates what is a responsible bidder. Comm. Sepulveda is speaking but is sort of hard to hear as her connection is breaking up.
She says MWRD could potentially add language to ordinance regarding responsible bidders - that there is a deficiency as it stands. But understands that this is an urgent decision and that the project needs to be completed.
Exec. Dir. Brian Perkovich responds to a question from Comm. Perry, confirms that this company has completed work for MWRD in the past with no issues.
Comm. Perry asks if there were any issues, such as audits, with the company that we know of? Engineering Dir. O’Connor says not that she knows of. Comm. Perry asks if we can access those records. O’Connor will look into.
Pres. Steele asks for roll call vote - discussion ensues and Pres. Steele notes that the roll call must precede once it begins. There are 5 yays, 3 nays, and 1 present.
Items 1-35, w/ the exception of 8 and 25 will move to the consent agenda. There are no items to be discussed in executive session. The committee as a whole adjourns for a 5 minute recess, when the regular board meeting will begin.
Again you can view the full agenda, and tune in, at https://mwrd.legistar.com/DepartmentDetail.aspx?ID=1622&GUID=5E16B4CD-0692-4016-959D-3F080D6CFFB4
Comm. Garcia makes motion to remove deferral of Item 8. Item passes. 5 yays, 3 nays, 1 present for Item 25. Items 1-35, w/ the exception of 8 and 25 are approved. Meeting moves into new business.
Pres. Steele recognizes the upcoming Juneteenth holiday, and wishes MWRD fathers a happy Father’s Day.
VP McGowan recognizes Pres. Steele’s upcoming birthday. Comm. Garcia has new business: next Thurs is the MWRD virtual LGBT roundtable, Pride parade is up this weekend, there are upcoming policies coming up for public comment - including land use, so watch out for those.
Comm. Du Buclet proposes a naming contest for the skimmer boat being repaired.
Exec. Director Perkovich clarifies that July 14th is the disparity study session, no dates yet for land use study - it will be probably in August or September.
Comm. Sepulveda is calling in from Thailand, at the 5th International water and waste management conference.
Pres. Steele opens up second comment period - there are no comments. Meeting adjourns at 11:59am. The next MWRD is July 14 at 10:30am. For more meeting coverage, check out http://documenters.org #CHIdocumenters