TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 3, 2013
COMMITTEE ON PROCUREMENT
Mr. David St. Pierre, Executive Director
Title
Authority to increase purchase order and amend the agreement with Todd V. Royer, PhD for professional services in connection with Natural Resource Defense Council, Inc. et al. v. Metropolitan Water Reclamation District of Greater Chicago, Case No. 11 C 2937, in an amount not to exceed $180,000.00, from an amount of $9,500.00, to an amount not to exceed $189,500.00, Account No. 101-30000-601170, Purchase Order 3078228.
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Dear Sir:
The District has been involved in ongoing litigation with various citizens' groups in the above captioned matter. Although this litigation was temporarily stayed pending settlement negotiations, those negotiations were unsuccessful and earlier this year the parties were ordered to resume significant fact discovery and proceed to trial.
As this is a complex legal matter on several levels, it was important for the District to immediately secure and retain the professional services of an experienced and independent expert in aquatic biology to assist the District with fact discovery. In July 2013, the Executive Director authorized the Director of Procurement and Materials Management to issue a purchase order and enter into an agreement with an independent aquatic biologist, Todd V. Royer, PhD, in an amount not to exceed $9,500.00.
The General Counsel now seeks to increase this purchase order to continue Dr. Royer's assistance with the District's answers and responses to the plaintiffs' fact discovery, coordinating the District's defense to the allegations in the Complaint, and potentially providing opinion testimony in a written report and at trial. Dr. Royer has agreed to provide the necessary professional services to the District at an hourly rate of $150.00.
There have been no prior change orders.
This change order is in compliance with the Illinois Criminal Code because the change is germane to the original agreement as signed, and is in the best interest of the District.
It is hereby recommended that the Board of Commissioners authorize the Director of Procurement and Materials Management to execute a change order to increase the purchase order and amend the agreement in an amount of $180,000.00, approximately 1894.75% of the original contract value, from an amount of $9,500.00 to an amount not to exceed $189,500.00.
Funds in the amount of $9,500.00 are available in 2013 in Account 101-30000-601170. The estimated expenditure for 2014 is $180,000.00. Funds for 2014 are contingent on the Board of Commissioners' approval of the District's Budget for that year.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:EMA:crb
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for October 3, 2013