Board ofCommissioners Agenda Item Transmittal Form /. Reselutien Transmittal Form Type of Request: Inter-Governmental Agreement (IGA) - Emergency County Clerk Use Only Reselation #: Water Usage Agreement Between Gwinnett County, Gwinnett County Water and Sewerage Authority and Rockdale County. Submission Informations: Information Contact Name: Summary of Request: Kimbry L. Peek Sr., Director of Water Resources Rockdale County is required under its Public Water Supply Permit with the Georgia Environmental Protection Division Department: (EPD) to have a secondary water connection. Rockdale Water Resources County wishes to establish the ability to purchase a supply of water from Gwinnett County for emergency usage on an emergency basis for distribution in our system when needed. This is a 25-year agreement. Notesa and Comments Rockdale Countyis réquired under its PublicWater: supplyPermitwith: the AREKNISORDAIFRAIFARNGADADNPDIO - have a secondary water conhection,Rockdale Gounty.wishes to establishthe abiity to PIAXSMAACaN Gwinnett County for emergencyusage onan emergency basisfor distribution! in USenwheNnees Thisisa25vear agreement 20s-241 After recording return to: Gwinnett County Law Department EMERGENCY WATER USAGE AGREEMENT BETWEEN GWINNETT COUNTV, GWINNETT COUNTY WATER AND SEWERAGE AUTHORITY AND ROCKDALE COUNTY STATE OF GEORGIA COUNTY OF ROCKDALE COUNTY OF GWINNETT THIS NTERGOVERNMENTAL AGREEMENT (hereinafter, the Agreement"), is made and entered into on the day of 2025, by and among GWINNETT COUNTY, GEORGIA, a body corporate and politic and a political subdivision of the State of Georgia, acting by and through its duly elected Governing Authority, (hereinafter referred to as "Gwinnett County"), the GWINNETT COUNTY WATER & SEWERAGE AUTHORITY, a body corporate and politic and a political subdivision of the State of Georgia, acting by and through its duly appointed Governing Authority, (hereinafter referred to as the "WSA"), and ROCKDALE COUNTY, GEORGIA, a body corporate and politic and a political subdivision of the State of Georgia, acting by and through its duly elected Governing Authority, (hereinafter referred to as "ROCKDALE "). Gwinnett County and the WSA are collectively referred to as "GWINNETT". Gwinnett County, the WSA and ROCKDALE are collectively referred to as the "PARTIES" or individually as the "PARTY". RECITALS: WHEREAS, ROCKDALE has an existing water system serving its residents; and WHEREAS, ROCKDALE maintains its own storage, distribution and delivery system to service its present and future customers and shall be responsible for billing and collecting water service charges from its customers; and WHEREAS, ROCKDALE is required under its Public Water Supply Permit with the Georgia Environmental Protection Division (EPD) to have a secondary water connection; and WHEREAS, ROCKDALE wishes to purchase a supply of water from GWINNETT for emergency usage on an emergency basis; and 1 WHEREAS, GWINNETT is wiling, for the periods of time and under the terms and conditions as hereinafter set forth, to provide ROCKDALE with an emergency supply of water on an emergency basis for distribution in its system; and WHEREAS, the Parties are authorized, pursuant to the provisions of Article IX, Section HI, Paragraph - of the Constitution of the State of Georgia, to enter into this Agreement; and NOW, THEREFORE, in consideration of the premises and the mutual undertakings as hereinafter set out, it is mutually agreed by and among ROCKDALE, and GWINNETT, each acting by and through their duly authorized officials and governing authorities, pursuant to resolutions duly, legally and properly adopted, all as same appear of record on the official minutes of each, as follow. 1. TERM OF AGREEMENT This Agreement shall be in effect on the date of execution as shown above and shall continue in effect for twenty-five (25) years. 2. GWINNETT COUNTY'S OBL IGATIONS TO SELL WATER TO ROCKDALE a) ROCKDALE may connect and take water from GWINNETT'S water system under the terms and conditions as set forth in this Agreement. ROCKDALE expressly acknowledges and agrees that its use of water pursuant to this Agreement shall be limited to emergency use only. Non-emergency use of water by ROCKDALE shall be prohibited. Emergency water usage by ROCKDALE, at a minimum, must be communicated to the Deputy Director of Field Operations of the Gwinnett County Department of Water Resources via phone or email prior to usage and then in writing within seven (7) days of each occurrence. If timely written notice is not received or water is consumed for a prohibited non-emergency reason, all usage will be considered non-emergency and will be charged the non-emergency rate outlined in section 5(a) herein. b) GWINNETT agrees to sell water to ROCKDALE on an emergency-only basis, subject only to GWINNETT's ability to adequately serve GWINNETT customers. In the event that emergency use of water by ROCKDALE, when combined with use of water by Gwinnett County customers, would result in water demand in excess of GWINNETT's water withdrawal or water plant operating permit limits or would otherwise impact GWINNETT's ability to serve Its regular customers, GWINNETT may unilaterally suspend ROCKDALE's ability to receive water under this Agreement upon thirty (30) days written notice to ROCKDALE. GWINNETT shall provide ROCKDALE written notice that emergency water usage may resume when there is sufficient water supply available. 2 3. METERS Gwinnett County shall maintain two water meters dentified as Gwinnett County meter identification numbers 1571756 and 10001107 to which ROCKDALE may connect. Said meters are located near the intersection of Lenora Church Road and Meadow Point Drive and on Mink Livsey Road at the County line, as shown in Exhibit "A" attached hereto and incorporated herein by reference. ROCKDALE agrees to pay, within thirty (30) days of billing by Gwinnett County, the actual cost of any maintenance of this meter. The meter identification number may change over time as the meter is serviced or replaced. 4. RATE a) ROCKDALE agrees to pay for all water used based on the following tier rate structure: Gallons per day (gpd) per 1,000 gallons Current Gwinnett County Emergency usage base water Rate Two times the current Non-emergency usage base water rate b) ROCKDALE acknowledges and agrees to the rate imposed by the then current rate resolution approved by the Gwinnett County Board of Commissioners during the life of this agreement. Attached hereto and incorporated herein by reference as Exhibit "B" is the 2025 rates and fee schedule in place at the time of execution of this Agreement, 5. PAYMENT a) ROCKDALE agrees to pay, within thirty (30) days of billing by Gwinnett County, for all water flows provided by GWINNETT based on the rates outlined in this Agreement. b) Should ROCKDALE fail to pay the amount ofthe bill for any water delivered to ROCKDALE by GWINNETT, for meter maintenance or for a flow control device within the period herein provided, then Gwinnett County shall have the right to charge a late fee, up to 10% monthly, which shall be added to each bill. In the event of nonpayment, GWINNETT reserves the right to cease delivering water to ROCKDALE provided thirty (30) days' notice of intent to do sO is given to ROCKDALE and ROCKDALE fails to make payment of all past due amounts, including any penalty, within such thirty (30) day period. c) The obligation of ROCKDALE to pay for water delivered under this Agreement shall never be construed to be a debt of ROCKDALE requiring it to levy and collect a tax to discharge the same but shall be an operating charge of its water and 3 sewerage system ranking equally to charges for salaries, wages and other operating expenses of such system. ROCKDALE covenants at all times to establish, maintain, prescribe and collect fees, tolls and charges for water and sewerage facilities furnished its customers sufficient to provide funds for the payment of all obligations of ROCKDALE under this Agreement. 6. NOTIFICATION ROCKDALE agrees to notify the Deputy Director of Field Operations of the Gwinnett County Department of Water Resources via phone or email prior to usage and then in writing within seven (7) days of any water usage. 7. SERVICE FAILURES Gwinnett County agrees to operate GWINNETT's water system in a reasonable and customary manner and to take all reasonable steps to restore water service should interruptions occur. Should interruptions or service failures of any kind occur, to the extent permitted by law, ROCKDALE walves any action at law or equity it may have against GWINNETT, other than for specific performance for the enforcement oft this Agreement. To the extent permitted by law, ROCKDALE further agrees to indemnify and hold GWINNETT harmless from any action by any ROCKDALE customer. 8. FLOW CONTROL DEVICES GWINNETT shall have the right to install a suitable flow control device to limit the rate of flow from GWINNETT's Water System. Said device may be installed at GWINNETT's sole discretion if hourly rates of flow to ROCKDALE, in the opinion of GWINNETT are excessive. ROCKDALE agrees to pay, within thirty (30) days of billing, the cost of acquiring and installing said device. 9. RULES AND REGULATIONS a) ROCKDALE shall adopt and enforce all rules, regulations, and standards for water quality, conservation, and stormwater management as adopted by Gwinnett County in conformity with the rules, regulations and plans adopted by the Metropolitan North Georgia Water Planning District for all portions of ROCKDALE. b) ROCKDALE agrees to comply with all rules and regulations which Gwinnett County has now or may in the future impose on its customers, including but not limited to such water conservation or water use restrictions in response to state- imposed drought emergencies and/or emergency measures as bans on water sprinkling, hydrant flushing, car washing, and similar uses. 4 10, FORCE MAJEURE a) In case by reason of force majeure either party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the other parly within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, sO far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inabllity with all reasonable dispatch. b) The term force majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, orders of any kind of the Government of the United States or the State of Georgia or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipe lines, partial or entire failure of water supply and inability on the part of GWINNETT to deliver water hereunder, or ROCKDALE to receive water hereunder, on account of any other causes not reasonably within the control of the party claiming such inability. 11.SEVERABILITY If any phrase, clause, sentence, paragraph or section of this contract shall be held invalid or unconstitutional by any court of competent jurisdiction of this State or of the United States, such adjudication shall in nowise affect any of the remaining provisions hereof, all of which shall remain in full force and effect. 12.WAIVER A failure to initiate action as to any breach shall not be deemed as a waiver of that right of action and all such rights of action shall be cumulative. 13.A ASSIGNMENT No assignment of this Agreement shall be permitted without the approval of the PARTIES. 5 14.EXCLUSIVE AGREEMENT Upon the execution of this Agreement by the PARTIES hereto, any and all other agreements or contracts heretofore entered into by and between ROCKDALE and GWINNETT pertaining to the sale and supply of water from GWINNETT's water system shall become and shall be null and void and of no force and effect. 15. DISPUTE RESOLUTION If any disagreement shall arise with reference to the construction of any of the terms or provisions of this Agreement, or with reference to any matter connected with same, such disagreement or dispute may be submitted to mediation by a mediator appointed as provided herein. GWINNETT shall provide a list of three (3) individuals as the proposed mediator. Each person suggested by GWINNETT shall be a professional with not less than ten (10) years' experience in water production and distribution. ROCKDALE shall select one (1) of those individuals from the list proposed by GWINNETT. If ROCKDALE refuses to select a mediator from the list proposed by GWINNETT, the PARTIES may petition the Gwinnett Superior Court to appoint a mediator. Mediation as provided herein shall not affect the legal rights and remedies of GWINNETT or of ROCKDALE. 16.GOVERNING LAW Each and every provision of this Agreement shall be construed in accordance with and governed by Georgia law. The PARTIES acknowledge that this Agreement is executed in Gwinnett County, Georgia and each party hereby consents to the Gwinnett Superior Court's sole jurisdiction over any dispute which arises as a result of the execution or performance of this Agreement which is not otherwise resolved through mediation, and each party hereby waives any and all objections to venue in Gwinnett Superior Court. 17,IERMINATION Any party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever. The terminating party shall terminate by delivering to the other parties, upon at least ninety (90) days' notice, a Notice of Termination specifying the nature, extent, and effective date of termination. 6 18.NOTICE a) Any notice or documentation shall be sent to the ROCKDALE at: Chairman Rockdale County Board of Commissioners P.O. Box 289 Conyers, Georgia 30012 With copy to: Rockdale County Attorney 913 Commercial Street Conyers, Georgia 30012 b) Any notice or documentation shall be sent to Gwinnett County at: Gwinnett County Administrator Gwinnett Justice and Administration Center 75 Langley Drive Lawrenceville, Georgia 30046 With a copy to: Gwinnett County Attorney Gwinnett Justice and Administration Center 75 Langley Drive Lawrenceville, Georgia 30046 c) Any notice or documentation must be sent to the WSA at: Chairman Gwinnett County Water and Sewerage Authority 684 Winder Highway Lawrenceville, Georgia 30045 With a copy to: Director Department of Water Resources 684 Winder Highway Lawrenceville, Georgia 30045 d) Notice via email is acceptable only as an additional method of notice to either regular or certified mail. 7 IN WITNESS WHEREOF, the PARTIES hereto, acting by and through their duly authorized officials, have caused this Agreement to be executed in one or more counterparts, each to be considered as an original, by their authorized representative the day and date herein above written. 8 ROCKDALE COUNTY, GEORGIA By: JaNice Van Ness, Chair E CEO Signed, sealed and dellvered in the ATTEST: presence of: Unofficial witness (Seal) APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: Director Rockdale Attorney Rockdale Water Resources 9 GWINNETT COUNTY WATER & SEWERAGE AUTHORITY By: Chairman ATTEST: I Secretary Signed, sealed and delivered in the NOTARY: presence of: Unofficial witness [Notarial seal] Approved as to Form 11 * / Meler: 1571756 2D Meler 10001107 Rackdale Water Tank PUADL. :it & GwlmeOounty GS Gume@uryes, GWINNETT WALTON LEES RD FORSYTH HALL ACKSON ROCKDALE FULTON BARROW 2,000 4,000 Feel WALTON Gwinnett Water Distribution Main DEKALB Gwinnett Water Transmission Main ROCKDALE! NEWTON SouRcec Esri, mstdeAcNAhXCEy EXHIBIT A Rockdale County Emergency Water Usage EXHIBIT B GWINNETT COUNTY WATER RESOURCES Gwinnett DWR RATES AND FEE SCHEDULE JANUARY 2025 Residential Accounts - Monthly Charges and Fees (Note 1) - 3/4" $7.50 $7.50 $5.78 $8.67 $11.56 $9.43 ou 836 $943 11/2" $27.00 $7.50 $5.78 $8.67 $11.56 $9.43 52 50 $750 $5.78 $8.64 Notes 1. The monthly billing cycle represents the time between two consecutive bilis issued from Gwinnett County Water Resources and typically ranges from 28 - 33 days as needed to account for holidays, weekends, and meter reading scheduie. It does not necessarily follow a calendar month specifically. 2. The. monthly base charge for all service types provided. All sewer accounts will be charged a monthly sewer base fee and a water base fee. 3. The tiered rates are calculated in an escalating manner. For example, if a customer used 9,000 gallons of water, Tier 1 rates would apply to the first 8,000: gallons, and Tier 2 rates would apply for the next 1,000 galions. Tier 2r rates would not apply to the entire volume. DWR RATES AND FEE SCHEDULE - JANUARY 2025 1 111