RESOLUTION FOR BOARD MEETING OF JULY 13, 2023
Title
RESOLUTION sponsored by the Board of Commissioners reaffirming the District’s commitment to affirmative action and diversity, equity and inclusion
Body
WHEREAS, it has long been the policy of the Metropolitan Water Reclamation District of Greater Chicago (“District”) to ensure competitive business opportunities for Minority-owned Business Enterprises (“MBEs”) and Women-owned Business Enterprises (“WBEs”) in the award of and performance on District contracts and to abolish barriers to full participation on District contracts by all; and
WHEREAS, the District, pursuant to its authority under 70 ILCS 2605/11.3, is committed to establishing procedures to implement this policy, as well as state and federal law, to assure the utilization of MBEs and WBEs in a manner consistent with constitutional requirements; and
WHEREAS, the United States Supreme Court in City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) established certain standards necessary to maintain affirmative action programs in contracting including an evidentiary demonstration that past discrimination necessitates remedial action; and
WHEREAS, in Midwest Fence, Corp. v. U.S. Department of Transportation et al., 2015 WL 139676 (N.D. Ill. March 24, 2015) affirmed 840 F.3d 932 (7th Cir. 2016), the United States District Court for the Northern District of Illinois held that discrimination continues to impede full and fair opportunities for disadvantaged business enterprises in the Illinois construction industry; and
WHEREAS, over the past thirty-four (34) years, several studies, including in the District’s 2021 Disparity Study, have demonstrated the existence of discrimination against MBEs and WBEs in the Chicago area construction marketplace; and
WHEREAS, as such, the District’s 2021 Disparity Study concluded that there continues to be barriers to equal opportunities for construction firms owned by minorities and women to compete for District contracts, both as prime contractors and subcontractors; and
WHEREAS, the District operates its Affirmative Action Program in accordance with established legal guidance by implementing narrowly tailored remedies to redress discrimination against MBEs and WBEs in the Chicago construction industry and its geographic market area; and
WHEREAS, the District remains committed to mitigating the present effects of discrimination and to achieving equitable utilization of MBEs and WBEs as both prime contractors and subcontractors on District contracts; and
WHEREAS, as part of its Strategic Plan, the District promotes diversity, equity, and inclusion in its wide-ranging work to protect the regional water environment; and
NOW, THEREFORE, BE IT RESOLVED, that we, the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, on behalf of ourselves and our staff, do hereby reaffirm the District’s commitment to affirmative action and diversity, equity and inclusion; and
BE IT FURTHER RESOLVED, that this Resolution be spread upon the permanent Record of Proceedings of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago.
Dated: July 13, 2023