Department
Public Works
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of an amendment to the existing Agreement for Cooperative Technical Assistance and Intergovernmental Cost Sharing among the Atlanta Regional Commission (ARC), the City of Atlanta, the Atlanta-Fulton County Water Resources Commission, Cobb County-Marietta Water Authority, DeKalb County and Gwinnett County to extend the time to negotiate and approve a renewed agreement. If approved, the existing Agreement would now expire on December 31, 2024. (APPROVED UPON ADOPTION OF THE CONSENT AGENDA)
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Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Fulton County Code Section 1-117 grants the BOC the authority “to exercise . . . powers as are granted by law, or are indispensable to their jurisdiction over county matters.” O.C.G.A. § 36-10-1 requires that contracts entered into by a governing authority be in writing and spread on the minutes. Pursuant to Article 9, Section 3, Paragraph I of the Georgia Constitution, 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 amendment is a time only extension to the original agreement approved by the Board of Commissioners on August 4, 2021 (BOC Agenda #21-0575). The original agreement is set to expire on June 30, 2024 and this amendment will extend the agreement until December 31, 2024. There is no additional cost to Fulton County as part of the amendment.
This Cooperative Technical Assistance and Intergovernmental Cost Sharing Agreement is between 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 and the Atlanta Regional Commission (ARC). 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. § 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 Lake Allatoona as sources for the 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 acting as a 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, and
-maintaining billing accounts and financial records for three years after the completion of this agreement and provide periodic status updates to the participants.
Each participant agreed to pay ARC up to $200,000.00 annually upon approval of the Cooperative Technical Assistance and Intergovernmental Cost Sharing 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 $100,000.00 annually.
Related agreements were approved on January 4, 2017 (#17-0034), on June 6, 2018 (#18-0374), and on July 10, 2019 (#19-0542).
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 amendment to the existing Agreement for Cooperative Technical Assistance and Intergovernmental Cost Sharing to extend the duration of the contract
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 Time Extension to the existing Agreement for Cooperative Technical Assistance and Intergovernmental Cost Sharing.
Department Issues/Concerns: Public Works is not aware of any issues or concerns.
Fiscal Impact / Funding Source
Funding Line 1:
n/a