Department
Public Works
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of an Agreement for Cooperative Technical Assistance and Intergovernmental Cost Sharing among the Atlanta Regional Commission (ARC) and the City of Atlanta, the Atlanta-Fulton County Water Resources Commission (“AFCWRC”), Cobb County-Marietta Water Authority, DeKalb County, and Gwinnett County in the annual amount of up to $150,000.00 each - for a total annual contribution of up to $75,000.00 from Fulton County to AFCWRC for its share - and with Forsyth County and City of Gainesville in the annual amount of up to $75,000.00 each, for a three year term from January 1, 2025 through December 31, 2027. (APPROVED)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Pursuant to Fulton County Code § 1-117, the BOC has exclusive jurisdiction and control over all property of the County and is authorized to exercise such other powers as are granted by law or are indispensable to its jurisdiction over County matters. Pursuant to O.C.G.A. Section 36-10-1, contracts entered into by a county governing authority must be in writing and entered on the minutes. Pursuant to GA CONST Art. 9, § 3, ¶ I the County may contract for any period not exceeding 50 years with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment. See also Fulton County Code Sections 102-671 to 102-696 relating to the creation and operation of the Atlanta-Fulton County Water Resources Commission.
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Health and Human Services
Commission Districts Affected
All Districts ☐
District 1 ☒
District 2 ☒
District 3 ☐
District 4 ☐
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)
Scope of Work:
This agreement is a continuation of the agreement approved on August 4, 2012 (Agenda Item # 21-0575). The proposed three-year (January 1, 2025 through December 31, 2027) Cooperative Technical Assistance and Intergovernmental Cost Sharing Agreement is between the Atlanta Regional Commission (ARC) and the City of Atlanta, the Atlanta Fulton County Water Resources Commission (which Fulton County is a 50% member), Cobb County-Marietta Water Authority, DeKalb County and Gwinnett County as full members and with Forsyth County and City of Gainesville as half members. This agreement specifically funds the on-going water litigation involving the States of Alabama, Florida and Georgia, and the U. S. Army Corps of Engineers, in the legal disputes regarding water rights in the Apalachicola-Chattahoochee-Flint River Basin (the ACF Basin) and the Alabama-Coosa-Tallapoosa River Basin (the ACT Basin).
In accordance with O.C.G.A. Section 50-8-35, ARC may carry out certain technical assistance activities in cooperation with affected units of local government. The participants of the agreement all use the Chattahoochee River, Lake Lanier and Allatoona Lake as sources of supply of water provided to their customers. The parties agree it is important to cooperate in the technical and legal research effort and that appropriate consultants and legal representatives must be obtained. The participants believe it is cost effective and efficient to share costs to obtain the technical and legal research to protect their mutual interests. This agreement provides ARC the authority to act as the agent for the participants, including, but not limited to:
-monitoring progress of the disputes and related work and provide information on such progress to the Coordinating Committee,
-making recommendations to the Coordinating Committee on the nature of work and services needed,
-contracting with consultants and legal representatives selected by the Coordinating Committee to render technical and professional services,
-coordinating and communicating with consultants and legal representatives on a continuous basis and act as coordinator between consultants and the Coordinating Committee, monitoring consultant’s activities,
-receiving invoices from consultants and legal representatives and process appropriate payments in a timely manner,
-maintaining billing accounts and financial records for three years after the completion of this agreement and provide periodic status updates to the participants.
Each full member participant agrees to pay to ARC up to the sum of $150,000.00 annually upon approval of this Agreement. The AFCWRC is a participant to this agreement and Fulton County is only obligated for 50% of the above payment because of the joint venture with the City of Atlanta in the AFCWRC. Therefore, Fulton County’s share of the cost is up to $75,000.00 annually and will be included in the 2025 Public Works budget under the Water and Sewer Fund (account #-201-540-5451-121N) and will be budgeted in future years (2026 and 2027)
Similar agreements were approved on January 4, 2017 (#17-0034), June 6, 2018 (#18-0374), July 10, 2019 (#19-0542), and August 4, 2021 (#21-0575). The AFCWRC Board Members will vote on this agreement at their December 8, 2024 meeting.
Community Impact:
This agreement is critical to ensure that Metro Atlanta continues to have access to the drinking water supply in Lake Lanier, the Chattahoochee River, and Allatoona Lake.
Department Recommendation:
The Department of Public Works recommends approval of the Agreement for Cooperative Technical Assistance and Intergovernmental Cost Sharing between the Atlanta-Fulton County Water Resources Commission (AFCWRC) and the Atlanta Regional Commission (ARC) and the cost sharing partners.
Project Implications:
Public Works is not aware of any project implications.
Community Issues/Concerns:
Public Works is not aware of any issues or concerns raised by the Community over the previous Agreements and cost sharing arrangement.
Department Issues/Concerns:
Public Works is not aware of any issues or concerns.
Fiscal Impact / Funding Source
Funding Line 1:
201-540-5451-1381 - $75,000
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