Board of Directors - Regular Meeting

MAYOR BOARD OF DIRECTORS George B McGill Ward 1 - Jarred Rego Ward 2 - Andre' Good ACTING CITY Ward 3 - Lee Kemp ADMINISTRATOR Ward 4 - George Catsavis Jeff Dingman At-Large Position 5 - Christina Catsavis At-Large Position 6 - Kevin Settle CITY CLERK At-Large Position 7 - Neal Martin Sherri Gard AGENDA Fort Smith Board of Directors REGULAR MEETING June 17, 2025 ~ 6:00 p.m. Blue Lion 101 North 2nd Street Fort Smith, Arkansas THIS MEETING IS BEING TELECAST LIVE ON THE CITY OF FORT SMITH GOVERNMENT ACCESS CHANNEL (COX CHANNEL 214) AND ONLINE AT THE FOLLOWING LINK: https://fortsmithar.granicus.com/ViewPublisher.php?view_id=1 INVOCATION & PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION BY MEMBERS OF THE BOARD OF DIRECTORS OF ANY ITEMS OF BUSINESS NOT ALREADY ON THE AGENDA FOR THIS MEETING APPROVE MINUTES OF JUNE 3, 2025 REGULAR MEETING ITEMS OF BUSINESS 1. Ordinance amending Section 12-32 of the Fort Smith Municipal Code (rates for ambulance services) (City Administrator) 2. Items regarding wastewater services provided to the Town of Arkoma ~ Discussed at the June 10, 2025 study session ~ (Water Utilities) 2A. OPTION 1 - Resolution approving and authorizing the execution of an agreement between the City of Fort smith and the Arkoma Municipal Authority for wastewater treatment services ($3.48 per ccf) (Water Utilities) ♦ Future Fort Smith Item ​● Consent Decree Item June 17, 2025 Regular Meeting 1  2B. OPTION 2 - Resolution approving and authorizing the execution of an agreement between the City of Fort smith and the Arkoma Municipal Authority for wastewater treatment services ($5.68 per ccf) (Water Utilities) 3. Ordinance amending Ordinance No. 40-25 to correct error in tax parcel number of property located at 1504 Belle Avenue (Neighborhood Services) 4. Ordinance authorizing the appropriation of insurance proceeds for various city departments and amending the 2025 Operating Budget (Finance) 5. Ordinance regarding personnel authority of the Board of Directors over the heads of city departments ~ Requested placement on the June 3, 2025 regular meeting agenda denied by vote of 4 in favor (Kemp, G. Catsavis, C. Catsavis, Martin) and 3 opposed (Rego, Good, Settle); therefore, automatically placed on the June 17, 2025 regular meeting agenda ~ (City Administrator) 6. Resolution authorizing the Mayor to execute Change Order No. 1 with Forsgren, Incorporated for the 2016 SSA Remedial Measures, Sub-Basin S007, Project No. 17-12- C1 ($235,067.75 and additional 60 days / Budgeted / Water Utilities - 5/8% Sales and Use Tax) (Water Utilities) 7. Consent Agenda 7A. Resolution authorizing the City Administrator to submit an application to the Community Oriented Policing Services Hiring Grant Program through the United States Department of Justice (City Administrator) 7B. Resolution authorizing the City Administrator to submit an application to the Law Enforcement Mental Health and Wellness Act Grant Program through the United States Department of Justice (City Administrator) 7C. Resolution accepting the bid of and authorizing the Mayor to execute a contract with Denali Water Solutions, LLC for the Lee Creek Southeast Lagoon Cleaning, Project No. 25-04-C1 ($334.248.00 / Budgeted / Water Utilities - Water Treatment Operating Budget 55560400-527200) (Water Utilities) 7D. Resolution to amend Resolution No. R-41-25 regarding the acquisition of permanent water and temporary construction easements for construction and maintenance of the I-540 and Highway 255 Utility Relocations, Project No. 23-10 ($5,990.00 / Budgeted / Water Utilities - 6505 Capital Improvement Funds) (Water Utilities) 7E. Resolution authorizing the purchase of three (3) Ford transit high-roof conversion extended vans for the Transit Department ($313,221.00 / Budgeted / Transit - 531100 Capital Outlay - Vehicles and 545000 Other Current Expenses) (Transit) ♦ Future Fort Smith Item ​● Consent Decree Item June 17, 2025 Regular Meeting 2  OFFICIALS FORUM - presentation of information requiring no official action • Mayor • Directors • City Administrator EXECUTIVE SESSION Appointments: Airport Commission (1) Audit Advisory Committee (1) Community Development Advisory Committee (1) Fort Smith Municipal Employees Benevolent Fund Board of Advisors (4) Future Fort Smith Committee (1) Library Board of Trustees (1) Property Owners Appeal Board (1) Sales Tax Review Committee (3) Transit Advisory Commission (2) ADJOURN ♦ Future Fort Smith Item ​● Consent Decree Item June 17, 2025 Regular Meeting 3  1 MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors FROM: Jeff Dingman, Acting City Administrator DATE: June 12, 2025 SUBJECT: Ordinance amending city code related to ambulance base service charges SUMMARY Chapter 12, Article II, Section 12-32 of the Fort Smith Municipal Code prescribes the maximum base amounts that may be charged by ambulance services to provide both emergency and non-emergency ambulance trip services within the City of Fort Smith. These service charge maximums were amended in June, 2023 to specify a maximum base rate for non-emergency and emergency trips. In 2025, the Arkansas General Assembly adopted Act 867 related to this topic. Act 867 (attached) references a fee index entitled the Medicare Ambulance Fee Schedule, Arkansas Rural Rate, as established by the Centers for Medicare & Medicaid Services, stating that the fee charged by ambulance services. Fort Smith EMS Director Tim Hearn requested that the city code section be amended to reflect the language of Act 867, and suggested that such change referencing the indexed schedule will prevent needing to adjust specific dollar amounts in the future. An ordinance for the Board’s consideration amending Section 12-32 of the Fort Smith Municipal Code accordingly is attached and included on the regular meeting agenda for June 17, 2025. Mr. Tim Hearn of Fort Smith EMS intends to be in attendance at the meeting to answer questions on this topic. In the meantime, please contact me with questions about this agenda item. ATTACHMENTS 1. 6-17-25_ITEM_1907_Rate_Charges_for_Ambulance_Services.pdf 2. Arkansas ACT 867 of 2025.pdf Board of Directors Staff Report June 17, 2025 4  1 ORDINANCE NO. __________ AN ORDINANCE AMENDING SECTION 12-32 OF THE FORT SMITH MUNICIPAL CODE BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: Section 12-32 of the Fort Smith Municipal Code is hereby amended to read as follows: Sec. 12-32. Charges. The following maximum base rate charge is hereby established for ambulance service offered by persons having permits under the provisions of this article: For each trip, whether emergency or non-emergency, within the limits of the city: three hundred twenty-five percent (325%) of the Medicare Ambulance Fee Schedule, Arkansas Rural Rate, as established by the Centers for Medicare & Medicaid Services at the time of the date of service for the same service provided. SECTION 2: Any ordinances found to be in conflict with the provisions of this ordinance are hereby repealed to the extent necessary to resolve such conflict. SECTION 3: It is hereby found and determined that this ordinance, being necessary for the efficient and effective provision of emergency medical services in the city of Fort Smith for the health, safety, and welfare of the inhabitants of the City, shall be effective July 1, 2025. PASSED and APPROVED this day of June, 2025. APPROVED: _______________________ MAYOR ATTEST: _______________________ CITY CLERK Approved as to form: ___________________________ City Attorney Publish one time 5  Stricken language would be deleted from and underlined language would be added to present law. Act 867 of the Regular Session 1 State of Arkansas 2 95th General Assembly A Bill 3 Regular Session, 2025 HOUSE BILL 1850 4 5 By: Representatives L. Johnson, Perry 6 By: Senator Irvin 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND THE LAW CONCERNING GROUND AMBULANCE 10 SERVICES; TO CLARIFY THE MINIMUM ALLOWABLE 11 REIMBURSEMENT FOR GROUND AMBULANCE SERVICES; TO 12 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AMEND THE LAW CONCERNING GROUND 17 AMBULANCE SERVICES; TO CLARIFY THE 18 MINIMUM ALLOWABLE REIMBURSEMENT FOR 19 GROUND AMBULANCE SERVICES; AND TO 20 DECLARE AN EMERGENCY. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 23-99-1802(a), concerning the minimum 25 allowable reimbursement for ground ambulance services, is amended to read as 26 follows: 27 (a)(1) The minimum allowable reimbursement rate under any health 28 benefit plan issued by a healthcare insurer to a participating ground 29 ambulance service provider or an out-of-network ground ambulance service 30 provider shall be at the rates approved or contracted between an the 31 ambulance service provider and a the local government entity as provided for 32 in § 14-266-105. 33 (2) In On and after July 1, 2025, in the absence of rates set as 34 provided under subdivision (a)(1) of this section, the minimum allowable rate 35 of reimbursement under a health benefit plan issued by a healthcare insurer 36 shall be the lesser of: *ANS341* 03/19/2025 11:49:37 AM ANS341 6  HB1850 1 (A) The rate established by the Workers' Compensation 2 Commission under its medical fee schedule for ambulance services Three 3 hundred twenty-five percent (325%) of the Medicare Ambulance Fee Schedule, 4 Arkansas Rural Rate, as established by the Centers for Medicare & Medicaid 5 Services at the time of the date of service for the same service provided; or 6 (B) The provider's billed charges. 7 8 SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 9 General Assembly of the State of Arkansas that it is necessary to resolve a 10 conflict regarding in-network and out-of-network reimbursement rates for 11 ambulance services; that the conflict is causing confusion between ambulance 12 providers, insurers, and the State Insurance Department; and that this act is 13 immediately necessary because to alleviate confusion concerning reimbursement 14 rates for ambulance services. Therefore, an emergency is declared to exist, 15 and this act being immediately necessary for the preservation of the public 16 peace, health, and safety shall become effective on: 17 (1) The date of its approval by the Governor; 18 (2) If the bill is neither approved nor vetoed by the Governor, 19 the expiration of the period of time during which the Governor may veto the 20 bill; or 21 (3) If the bill is vetoed by the Governor and the veto is 22 overridden, the date the last house overrides the veto. 23 24 25 APPROVED: 4/17/25 26 27 28 29 30 31 32 33 34 35 36 2 03/19/2025 11:49:37 AM ANS341 7  2A & 2B MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator; Andy Richards, Chief Financial Officer FROM: Lance A. McAvoy, Director of Water Utilities DATE: June 12, 2025 SUBJECT: Wastewater Rate Proposals for Arkoma Municipal Authority SUMMARY During the June 10, 2025, Study Session, the Board directed Administration, City Staff, and City Legal Counsel to continue to work with the Mayor and Vice Mayor from the Arkoma Municipal Authority along with their legal counsel to determine a proposed sewer rate equitable to both parties. Despite best efforts, a consensus between the parties has not been reached. Two options are presented for the Board's consideration tonight. Option A has a proposed rate of $3.48 per CCF. This rate includes the determined $3.06 cost for wastewater treated per CCF at the plant in 2024, the 2025 rate increase of 3.5% increase, and a 10% Return on Investment (ROI) as allowed by Arkansas State Law. If approved, Option A provides for the City to recover the basic cost of providing wastewater treatment services. The term of the proposed agreement is five (5) years. Option B has a proposed rate of $5.68 per CCF. This rate includes the determined $3.06 cost for wastewater treated per CCF at the plant in 2024, an inflow and Infiltration (I/I) peaking surcharge of $1.93 per CCF, the 2025 rate increase of 3.5% increase, and a 10% Return on Investment (ROI) as allowed by Arkansas State Law. The term of the proposed agreement is five (5) years. One change from what you saw at the study session is that CFO Andy Richards has determined that best practices for rate setting calculations calls for interest on debt service to be included in the ROI, not broken out in the list of system expenditures. A schedule is attached describing the methodology for the rates for both options. The Board may adopt one or neither of the proposed rates. If the Board chooses not to adopt either of the proposed agreements, the current sewer volume rate of $8.75 as adopted by Ordinance 18-25 will be in effect on June 22, 2025 for the Arkoma Municipal Authority. Please contact me if you or any Board Member have questions or need additional information. Board of Directors Staff Report June 17, 2025 8  ATTACHMENTS 1. 20250612_Resolution WW Agreement Arkoma_Option 1.pdf 2. 20250612 Sewer Rate Analysis - Arkoma 1.pdf 3. 6-17-25 ID 1918 Attachment Option 1 Utilities.pdf Board of Directors Staff Report June 17, 2025 9  2A RESOLUTION NO. ___________ RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF FORT SMITH AND THE ARKOMA MUNICIPAL AUTHORITY FOR WASTEWATER TREATMENT SERVICES BE IT RESOLVED BY THE BOARD OF DIRECTORS FOR THE CITY OF FORT SMITH, ARKANSAS that: Section 1. The Wastewater Agreement between the City of Fort Smith and the Arkoma Municipal Authority providing for an initial rate of $3.48/CCF, which is incorporated herein by reference, is hereby approved. Section 2. The Mayor is hereby authorized to execute, his signature being attested by the City Clerk, the Wastewater Agreement approved by Section 1 hereof. This Resolution adopted this _____ day of _______ 2025. Approved: ____________________________ Mayor Attest: _________________________________ City Clerk Approved as to form: _____________________________npr 10 Wastewater Cost/Rate Analysis Estimate Based on Fiscal Year 2024 Cost Rate Analysis - Treated Wastewater 39% INI 0% INI Wastewater Allocated Expenditures + Depreciation Policy and Administration Services $ 633,689 $ 633,689 Management Services 2,548,116 2,548,116 Development Services 161,645 161,645 Operation Services 18,397,911 18,397,911 Non-Departmental 50,000 50,000 Debt Service (interest) - - Estimated Depreciation-Wastewater System 7,829,458 7,829,458 Total $ 29,620,819 $ 29,620,819 Wastewater treated (CCFs) 9,682,384 9,682,384 Wastewater treated cost per CCF-at the plant $ 3.06 $ 3.06 INI adjustment factor - 39% 163% 100% Wastewater cost rate per CCF - Arkoma $ 4.99 $ 3.06 Rate increase 2025/Inflation factor 103.5% 103.5% Wastewater cost rate per CCF - Arkoma - inflation adjusted - 2025 $ 5.16 $ 3.17 Wastewater cost rate per CCF - Arkoma - inflation adjusted + 5% ROI - July 1, 2025 $ 5.42 $ 3.32 Wastewater cost rate per CCF - Arkoma - inflation adjusted + 10% ROI - July 1, 2025 $ 5.68 $ 3.48 Rate - January 1, 2026 $ 5.88 $ 3.60 Rate - January 1, 2027 6.08 3.73 Rate - January 1, 2028 6.29 3.86 Rate - January 1, 2029 6.51 4.00 Rate - January 1, 2030 6.74 4.14 11  WASTEWATER AGREEMENT This Wastewater Agreement (“Agreement”) made and entered into by and between the City of Fort Smith, Arkansas (“Fort Smith”) and the Arkoma Municipal Authority (“Arkoma”) (Fort smith and Arkoma may be referred to herein individually as a “Party” or collectively as the “Parties”). This Agreement is made effective on the date it is signed by the last of the Parties to sign such Agreement, as indicated below. W I T N E S S E T H: WHEREAS, the Parties previously entered into agreements, dated August 7, 1985, and February 19, 2013, with reference to the accepting for treatment by Fort Smith sanitary wastes delivered by Arkoma to the Fort Smith wastewater collection system; WHEREAS, though the term of the Parties’ February 19, 2013 Wastewater Agreement expired on February 19, 2023, the Parties have continued operating under the terms of that agreement such Fort Smith has continued to provide Arkoma wastewater services and Arkoma has utilized such services of Fort Smith; WHEREAS, Arkoma is delinquent on its account for wastewater services provided by Fort Smith within the last approximately six (6) months, said delinquency being in the amount of $149,720.96, inclusive of late fees and penalties; WHEREAS, the Parties desire to continue their previous arrangement relative to Fort Smith accepting for treatment wastewater delivered by Arkoma under the terms expressed in this Agreement. NOW, THEREFORE, subject to the terms and conditions of this Agreement, and in consideration of the mutual agreements and covenants hereinafter set forth and the recital set 1 12 forth above, and for other good and valuable consideration to Fort Smith and Arkoma, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: 1. During the term of this Agreement identified in paragraph 2 below and continued effectiveness of the Municipal User Permit identified in paragraph 3 below, Fort Smith agrees to accept wastewater flow delivered by Arkoma to the Fort Smith wastewater system and to convey such flow in the same manner as wastewater flows within Fort Smith. 2. This Agreement shall have a term of five (5) years (“Initial Term”) unless earlier terminated according to its provisions. This Agreement may be renewed by Fort Smith for an additional five (5) years following the expiration of the Initial Term after receiving written notice from Arkoma, delivered by registered mail, requesting an extension of the Agreement at least ninety (90) days in advance of the expiration date of the Initial Term. In the event Arkoma obtains an alternate method of disposing of the wastewater from its wastewater collection system, Arkoma may terminate this Agreement after first giving Fort Smith written notice 120 days prior to termination. 3. Municipal User Permit No. MUNP003101 issued by Fort Smith to Arkoma, effective February 1, 2008, in accordance with the provisions of Section 8, City of Fort Smith Ordinance 27-16, codified in Chapter 25, Article VI, Division 2 of the Fort Smith Municipal Code, shall continue in affect after execution of this Agreement, subject to Permit renewal and other requirements. Arkoma shall take all required actions to maintain the effectiveness of the Permit throughout the term of this Agreement. The Permit is subject to modification by Fort Smith for the reasons set forth in the Permit. The provisions of this Agreement shall be deemed to be modified to be consistent with any modifications to the Permit. 2 13  4. For wastewater services provided by Fort Smith as described herein, Arkoma agrees to pay Fort Smith the Municipal/Wholesale User Class rate in the amount of $3.48/CCF (“Wastewater Rate”), which such rate will be set forth in a sewer rate ordinance to be adopted by Fort Smith subsequent to the execution of this Agreement. Fort Smith will submit a billing each calendar month for wastewater volume received from Arkoma during the preceding calendar month and such billing shall be due and payable by Arkoma within twenty (20) days from the date of mailing. Any billing which is not paid by the due date shall be subject to a ten percent (10%) late payment fee. The total amount of the billing, plus late payment fee, shall be subject to interest at the rate of ten percent (10%) per annum from forty (40) days from the billing date until paid. The Wastewater Rate shall increase annually by 3.5% at the beginning of each calendar year this Agreement is in effect, the first such increase occurring on January 1, 2026. The 3.5% annual Wastewater Rate increase will be reflected in the Municipal/Wholesale User Class rate in a sewer rate ordinance to be adopted by Fort Smith subsequent to the execution of this Agreement. It is agreed by the Parties that, in the event Fort Smith adopts amended wastewater rates for Municipal/Wholesale Users, the Wastewater Rate charged to Arkoma for wastewater volume received as set forth in this paragraph and the rate for high-strength charges identified in paragraph 5 below shall be modified so that rate paid by Arkoma shall be in conformance with amended wastewater rates for Municipal/Wholesale Users adopted by Fort Smith. Upon thirty (30) days written notice to Arkoma of Fort Smith’s adoption of amended wastewater rates ordinance, or intent to adopt an amended rates ordinance, the rates established by such ordinance shall become effective and applicable to Arkoma. 3 14  5. The high-strength charges for wastewater as established in the Fort Smith sewer rate ordinance for the Municipal/Wholesale User Class shall be determined from Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) measurements taken by Arkoma at locations and frequency as stipulated in Part 2 - Self-Monitoring Requirements of the Municipal User Permit No. MUNP003101. Samples taken by Fort Smith for the purpose of assuring permit compliance shall also be utilized in determining applicable high-strength charges for wastewater treatment. 6. Arkoma agrees to provide and maintain, at its expense and in accordance with specifications approved by Fort Smith, appropriate vaults and wastewater meters on public property or public easements at each point of connection, for properly registering the flow, in hundred cubic feet, of wastewater volume entering the Fort Smith system. The points of connection shall be located and constructed in such a manner to allow sampling of Arkoma’s wastewater to ensure compliance with the requirements of the Municipal User Permit and this Agreement. It is agreed by Arkoma that Fort Smith, or its agents, employees, or servants, shall have unlimited right of access to such points of connection and physical facilities for meter readings and any other purpose of this Agreement. Furthermore, it is agreed that Arkoma will make no connections to the Fort Smith system other than at approved sites. 7. Fort Smith shall provide the monthly reading of the wastewater meters for the purpose of preparing billings pursuant to the rates established in paragraph 4 above or by subsequent amendments thereto. If it becomes evident that the wastewater meters are providing inaccurate measurement or are otherwise malfunctioning, then the payment for wastewater volume shall be based on (A) one-hundred percent (100%) of metered water usage from all water sources, or (B) 4 15 the average metered wastewater usage over the previous twelve (12) months as a ratio to the average metered usage from all water sources for the same twelve (12) month period, whichever is the greater percentage, for those billing periods the wastewater meters inaccurately measure or malfunction. Billing based on (A) or (B) above shall then continue for a reasonable time to repair the wastewater meters. The metered water usage in (A) or (B) above shall mean the “net” water usage by Arkoma. “Net” shall be define as that water which is delivered to Arkoma from all water sources, less that water delivered by Arkoma to users outside Arkoma’s wastewater service area who do not return a contributing wastewater flow. Arkoma shall provide the monthly water meter readings from which the “net” water usage is determined for the purpose of preparing billings pursuant to this Agreement or by subsequent amendments thereto. 8. Arkoma shall have full responsibility for all construction, maintenance and operation of Arkoma’s wastewater system, including all parts thereof necessary to deliver the wastewater to the Fort Smith system. 9. Arkoma agrees to adopt and enforce with reference to all users of its wastewater system requirements and restrictions which are, at least, as restrictive as those provisions of the ordinances of Fort Smith restricting and controlling discharges into the wastewater system of Fort Smith. It is recognized that the present Fort Smith controls are those established primarily by Ordinance 27-16 as codified. Within ninety (90) days of the execution of this Agreement, Arkoma shall adopt an ordinance which complies with the requirements of this paragraph and provide proof of such adoption to Fort Smith. It is further recognized by the Parties that the requirements of Ordinance No. 27-16 are subject to being amended by Fort Smith. 5 16  10. Arkoma acknowledges that in January 2015 Fort Smith entered into a Consent Decree with the Department of Justice, Environmental Protection Agency and Arkansas Attorney General which imposed certain directives and stipulations for the operation of Fort Smith’s wastewater system. Subject to the further enforcement actions and operational requirements imposed by said Consent Decree, Fort Smith may, upon written notice, issue modifications to this Agreement and Municipal User Permit No. MUNP003101 to be consistent with, and to achieve compliance with, any directives or stipulations of any regulatory agency having authority over the operation of Fort Smith’s wastewater system. 11. Arkoma is delinquent on its account for wastewater services provided by Fort Smith within the last approximately six (6) months, said delinquency being in the amount of $149,720.96, inclusive of late fees and penalties. Arkoma agrees to pay Fort Smith the total amount of said delinquency by August 31, 2025. If Arkoma fails to satisfy said delinquency by that date, Fort Smith may either adjust Arkoma’s Wastewater Rate for a period of time until it has recouped the full delinquency owed by Arkoma or declare Arkoma to be in non-compliance and pursue any remedies Fort Smith is entitled under this Agreement. 12. A Party shall not be in default under this Agreement in the event the performance of its obligations hereunder are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President, Congress, or Governor and affecting the Party claiming a force majeure event; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fire; strikes; or, other catastrophic events which are beyond the reasonable control of the Party claiming a force majeure event. “Other 6 17 catastrophic events” do not include: (1) strikes, lockouts, or other labor unrest; or, (2) the financial inability of either Party to perform its obligations under this Agreement. 13. This Agreement constitutes the full and entire agreement among the Parties. Failure by either Party to require strict compliance from the other Party as to any of the terms of this Agreement shall not constitute a waiver of any non-compliance of the applicable provisions of this Agreement. Should Arkoma fail to comply with the terms of this Agreement or the Municipal User Permit, Fort Smith shall serve Arkoma with written notice stating the nature of the non-compliance and providing a reasonable time frame for correcting the non-compliance. Arkoma may deliver in writing to Fort Smith within five (5) days of receipt of such notice a request for a hearing with Fort Smith representatives to show cause why notice should be rescinded or modified. Arkoma shall be liable to Fort Smith for any expense, loss, or damage occasioned by Fort Smith by reason of such non-compliance. In cases of repeated non- compliance, Fort Smith may revoke the Municipal User Permit and terminate wastewater treatment services by giving thirty (30) days’ notice in writing to Arkoma. 14. This Agreement shall be binding upon the successors of the Parties hereto. This Agreement shall not be assignable by either Party without the prior written consent of the other Party hereto. It is agreed that in the event of any occurrence rendering Arkoma incapable of performing under this Agreement, any successor of Arkoma, whether the result of legal process, assignment, or otherwise, shall succeed to the rights, responsibilities and obligations of Arkoma hereunder. 15. Any notice required to be given by the provisions of this Agreement shall be effective as delivered to the following persons at the indicated addresses: 7 18  City Administrator Arkoma Municipal Authority City of Fort Smith Attn: Mayor of Town of Arkoma P.O. Box 1908 P.O. Box 277 Fort Smith, AR 72902-1980 Arkoma, OK 74901 16. Enforcement or interpretation of any portion of this Agreement shall be governed by the laws of the State of Arkansas. Any litigation relating to this Agreement brought by either Party shall be filed and prosecuted in the Sebastian County Circuit Court, Fort Smith District. IN WITNESS WHEREOF, the Parties, pursuant to resolutions of their respective governing bodies, have caused this Agreement to be executed by the Mayor and City Clerk of Fort Smith and the Chairman of the Arkoma Municipal Authority and City Clerk of Arkoma. CITY OF FORT SMITH, ARKANSAS ARKOMA MUNICIPAL AUTHORITY By: By:_________________________________ Mayor Chairman of the Authority ATTEST: ATTEST: ____________________________________ City Clerk City Clerk 8 19  2B RESOLUTION NO. ___________ RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF FORT SMITH AND THE ARKOMA MUNICIPAL AUTHORITY FOR WASTEWATER TREATMENT SERVICES BE IT RESOLVED BY THE BOARD OF DIRECTORS FOR THE CITY OF FORT SMITH, ARKANSAS that: Section 1. The Wastewater Agreement between the City of Fort Smith and the Arkoma Municipal Authority providing for an initial rate of $5.68/CCF, which is incorporated herein by reference, is hereby approved. Section 2. The Mayor is hereby authorized to execute, his signature being attested by the City Clerk, the Wastewater Agreement approved by Section 1 hereof. This Resolution adopted this _____ day of _______ 2025. Approved: ____________________________ Mayor Attest: _________________________________ City Clerk Approved as to form: _____________________________npr 20  WASTEWATER AGREEMENT This Wastewater Agreement (“Agreement”) made and entered into by and between the City of Fort Smith, Arkansas (“Fort Smith”) and the Arkoma Municipal Authority (“Arkoma”) (Fort smith and Arkoma may be referred to herein individually as a “Party” or collectively as the “Parties”). This Agreement is made effective on the date it is signed by the last of the Parties to sign such Agreement, as indicated below. W I T N E S S E T H: WHEREAS, the Parties previously entered into agreements, dated August 7, 1985, and February 19, 2013, with reference to the accepting for treatment by Fort Smith sanitary wastes delivered by Arkoma to the Fort Smith wastewater collection system; WHEREAS, though the term of the Parties’ February 19, 2013 Wastewater Agreement expired on February 19, 2023, the Parties have continued operating under the terms of that agreement such Fort Smith has continued to provide Arkoma wastewater services and Arkoma has utilized such services of Fort Smith; WHEREAS, Arkoma is delinquent on its account for wastewater services provided by Fort Smith within the last approximately six (6) months, said delinquency being in the amount of $149,720.96, inclusive of late fees and penalties; WHEREAS, the Parties desire to continue their previous arrangement relative to Fort Smith accepting for treatment wastewater delivered by Arkoma under the terms expressed in this Agreement. NOW, THEREFORE, subject to the terms and conditions of this Agreement, and in consideration of the mutual agreements and covenants hereinafter set forth and the recital set 1 21 forth above, and for other good and valuable consideration to Fort Smith and Arkoma, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: 1. During the term of this Agreement identified in paragraph 2 below and continued effectiveness of the Municipal User Permit identified in paragraph 3 below, Fort Smith agrees to accept wastewater flow delivered by Arkoma to the Fort Smith wastewater system and to convey such flow in the same manner as wastewater flows within Fort Smith. 2. This Agreement shall have a term of five (5) years (“Initial Term”) unless earlier terminated according to its provisions. This Agreement may be renewed by Fort Smith for an additional five (5) years following the expiration of the Initial Term after receiving written notice from Arkoma, delivered by registered mail, requesting an extension of the Agreement at least ninety (90) days in advance of the expiration date of the Initial Term. In the event Arkoma obtains an alternate method of disposing of the wastewater from its wastewater collection system, Arkoma may terminate this Agreement after first giving Fort Smith written notice 120 days prior to termination. 3. Municipal User Permit No. MUNP003101 issued by Fort Smith to Arkoma, effective February 1, 2008, in accordance with the provisions of Section 8, City of Fort Smith Ordinance 27-16, codified in Chapter 25, Article VI, Division 2 of the Fort Smith Municipal Code, shall continue in affect after execution of this Agreement, subject to Permit renewal and other requirements. Arkoma shall take all required actions to maintain the effectiveness of the Permit throughout the term of this Agreement. The Permit is subject to modification by Fort Smith for the reasons set forth in the Permit. The provisions of this Agreement shall be deemed to be modified to be consistent with any modifications to the Permit. 2 22  4. For wastewater services provided by Fort Smith as described herein, Arkoma agrees to pay Fort Smith the Municipal/Wholesale User Class rate in the amount of $5.68/CCF (“Wastewater Rate”), which such rate will be set forth in a sewer rate ordinance to be adopted by Fort Smith subsequent to the execution of this Agreement. Fort Smith will submit a billing each calendar month for wastewater volume received from Arkoma during the preceding calendar month and such billing shall be due and payable by Arkoma within twenty (20) days from the date of mailing. Any billing which is not paid by the due date shall be subject to a ten percent (10%) late payment fee. The total amount of the billing, plus late payment fee, shall be subject to interest at the rate of ten percent (10%) per annum from forty (40) days from the billing date until paid. The Wastewater Rate shall increase annually by 3.5% at the beginning of each calendar year this Agreement is in effect, the first such increase occurring on January 1, 2026. The 3.5% annual Wastewater Rate increase will be reflected in the Municipal/Wholesale User Class rate in a sewer rate ordinance to be adopted by Fort Smith subsequent to the execution of this Agreement. It is agreed by the Parties that, in the event Fort Smith adopts amended wastewater rates for Municipal/Wholesale Users, the Wastewater Rate charged to Arkoma for wastewater volume received as set forth in this paragraph and the rate for high-strength charges identified in paragraph 5 below shall be modified so that rate paid by Arkoma shall be in conformance with amended wastewater rates for Municipal/Wholesale Users adopted by Fort Smith. Upon thirty (30) days written notice to Arkoma of Fort Smith’s adoption of amended wastewater rates ordinance, or intent to adopt an amended rates ordinance, the rates established by such ordinance shall become effective and applicable to Arkoma. 3 23  5. The high-strength charges for wastewater as established in the Fort Smith sewer rate ordinance for the Municipal/Wholesale User Class shall be determined from Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) measurements taken by Arkoma at locations and frequency as stipulated in Part 2 - Self-Monitoring Requirements of the Municipal User Permit No. MUNP003101. Samples taken by Fort Smith for the purpose of assuring permit compliance shall also be utilized in determining applicable high-strength charges for wastewater treatment. 6. Arkoma agrees to provide and maintain, at its expense and in accordance with specifications approved by Fort Smith, appropriate vaults and wastewater meters on public property or public easements at each point of connection, for properly registering the flow, in hundred cubic feet, of wastewater volume entering the Fort Smith system. The points of connection shall be located and constructed in such a manner to allow sampling of Arkoma’s wastewater to ensure compliance with the requirements of the Municipal User Permit and this Agreement. It is agreed by Arkoma that Fort Smith, or its agents, employees, or servants, shall have unlimited right of access to such points of connection and physical facilities for meter readings and any other purpose of this Agreement. Furthermore, it is agreed that Arkoma will make no connections to the Fort Smith system other than at approved sites. 7. Fort Smith shall provide the monthly reading of the wastewater meters for the purpose of preparing billings pursuant to the rates established in paragraph 4 above or by subsequent amendments thereto. If it becomes evident that the wastewater meters are providing inaccurate measurement or are otherwise malfunctioning, then the payment for wastewater volume shall be based on (A) one-hundred percent (100%) of metered water usage from all water sources, or (B) 4 24 the average metered wastewater usage over the previous twelve (12) months as a ratio to the average metered usage from all water sources for the same twelve (12) month period, whichever is the greater percentage, for those billing periods the wastewater meters inaccurately measure or malfunction. Billing based on (A) or (B) above shall then continue for a reasonable time to repair the wastewater meters. The metered water usage in (A) or (B) above shall mean the “net” water usage by Arkoma. “Net” shall be define as that water which is delivered to Arkoma from all water sources, less that water delivered by Arkoma to users outside Arkoma’s wastewater service area who do not return a contributing wastewater flow. Arkoma shall provide the monthly water meter readings from which the “net” water usage is determined for the purpose of preparing billings pursuant to this Agreement or by subsequent amendments thereto. 8. Arkoma shall have full responsibility for all construction, maintenance and operation of Arkoma’s wastewater system, including all parts thereof necessary to deliver the wastewater to the Fort Smith system. 9. Arkoma agrees to adopt and enforce with reference to all users of its wastewater system requirements and restrictions which are, at least, as restrictive as those provisions of the ordinances of Fort Smith restricting and controlling discharges into the wastewater system of Fort Smith. It is recognized that the present Fort Smith controls are those established primarily by Ordinance 27-16 as codified. Within ninety (90) days of the execution of this Agreement, Arkoma shall adopt an ordinance which complies with the requirements of this paragraph and provide proof of such adoption to Fort Smith. It is further recognized by the Parties that the requirements of Ordinance No. 27-16 are subject to being amended by Fort Smith. 5 25  10. Arkoma acknowledges that in January 2015 Fort Smith entered into a Consent Decree with the Department of Justice, Environmental Protection Agency and Arkansas Attorney General which imposed certain directives and stipulations for the operation of Fort Smith’s wastewater system. Subject to the further enforcement actions and operational requirements imposed by said Consent Decree, Fort Smith may, upon written notice, issue modifications to this Agreement and Municipal User Permit No. MUNP003101 to be consistent with, and to achieve compliance with, any directives or stipulations of any regulatory agency having authority over the operation of Fort Smith’s wastewater system. 11. Arkoma is delinquent on its account for wastewater services provided by Fort Smith within the last approximately six (6) months, said delinquency being in the amount of $149,720.96, inclusive of late fees and penalties. Arkoma agrees to pay Fort Smith the total amount of said delinquency by August 31, 2025. If Arkoma fails to satisfy said delinquency by that date, Fort Smith may either adjust Arkoma’s Wastewater Rate for a period of time until it has recouped the full delinquency owed by Arkoma or declare Arkoma to be in non-compliance and pursue any remedies Fort Smith is entitled under this Agreement. 12. A Party shall not be in default under this Agreement in the event the performance of its obligations hereunder are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President, Congress, or Governor and affecting the Party claiming a force majeure event; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fire; strikes; or, other catastrophic events which are beyond the reasonable control of the Party claiming a force majeure event. “Other 6 26 catastrophic events” do not include: (1) strikes, lockouts, or other labor unrest; or, (2) the financial inability of either Party to perform its obligations under this Agreement. 13. This Agreement constitutes the full and entire agreement among the Parties. Failure by either Party to require strict compliance from the other Party as to any of the terms of this Agreement shall not constitute a waiver of any non-compliance of the applicable provisions of this Agreement. Should Arkoma fail to comply with the terms of this Agreement or the Municipal User Permit, Fort Smith shall serve Arkoma with written notice stating the nature of the non-compliance and providing a reasonable time frame for correcting the non-compliance. Arkoma may deliver in writing to Fort Smith within five (5) days of receipt of such notice a request for a hearing with Fort Smith representatives to show cause why notice should be rescinded or modified. Arkoma shall be liable to Fort Smith for any expense, loss, or damage occasioned by Fort Smith by reason of such non-compliance. In cases of repeated non- compliance, Fort Smith may revoke the Municipal User Permit and terminate wastewater treatment services by giving thirty (30) days’ notice in writing to Arkoma. 14. This Agreement shall be binding upon the successors of the Parties hereto. This Agreement shall not be assignable by either Party without the prior written consent of the other Party hereto. It is agreed that in the event of any occurrence rendering Arkoma incapable of performing under this Agreement, any successor of Arkoma, whether the result of legal process, assignment, or otherwise, shall succeed to the rights, responsibilities and obligations of Arkoma hereunder. 15. Any notice required to be given by the provisions of this Agreement shall be effective as delivered to the following persons at the indicated addresses: 7 27  City Administrator Arkoma Municipal Authority City of Fort Smith Attn: Mayor of Town of Arkoma P.O. Box 1908 P.O. Box 277 Fort Smith, AR 72902-1980 Arkoma, OK 74901 16. Enforcement or interpretation of any portion of this Agreement shall be governed by the laws of the State of Arkansas. Any litigation relating to this Agreement brought by either Party shall be filed and prosecuted in the Sebastian County Circuit Court, Fort Smith District. IN WITNESS WHEREOF, the Parties, pursuant to resolutions of their respective governing bodies, have caused this Agreement to be executed by the Mayor and City Clerk of Fort Smith and the Chairman of the Arkoma Municipal Authority and City Clerk of Arkoma. CITY OF FORT SMITH, ARKANSAS ARKOMA MUNICIPAL AUTHORITY By: By:_________________________________ Mayor Chairman of the Authority ATTEST: ATTEST: ____________________________________ City Clerk City Clerk 8 28  3 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Shawn Gard, Director of Neighborhood Services DATE: May 29, 2025 SUBJECT: Amendment to Ordinance No. 40-25 (Parcel Number Correction 1504 Belle Ave) SUMMARY This item is a correction to Ordinance No. 40-25 to amend the parcel number of 1504 Belle Ave to reflect Sebastian County Assessor's records. Please contact me if you have any questions. ATTACHMENTS 1. 6-17-25_ITEM_ID_1895__Ordinance.pdf 2. ORD. 40-25.pdf Board of Directors Staff Report June 17, 2025 29  3 ORDINANCE NO. __________ AN ORDINANCE AMENDING ORDINANCE NO. 40-25 TO CORRECT ERROR IN TAX PARCEL NUMBER OF PROPERTY LOCATED AT 1504 BELLE AVENUE WHEREAS, by Ordinance No. 40-25 the City ordered the owners of certain dilapidated and substandard structures to demolish same and authorized the City Administrator to cause the demolition of such structures; WHEREAS, Ordinance No. 40-25 concerned, among other properties, property located at 1504 Belle Avenue, described as Lot 2, Block 6 BOCQUIN (“Subject Property”); and, WHEREAS, Ordinance No. 40-25 ascribed to the Subject Property an incorrect tax parcel number and the City desires to amend Ordinance No. 40-25 to correct the error in the tax parcel number for the Subject Property. BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: Section 1 of Ordinance No. 40-25 is hereby amended so that the tax parcel number relative to the real property located at 1504 Belle Avenue, described as Lot 2, Block 6 BOCQUIN, is identified as 10571-0002-00006-00. SECTION 2: Except as expressly amended by Section 1 hereof, the provisions of Ordinance No. 40-25 shall remain unchanged and unaffected hereby and shall remain in full force and effect. SECTION 3: Emergency Clause. It is hereby found and declared by the Board of Directors that the dilapidated, unsanitary condition of the tracts of real property and improvements described herein constitute an immediate menace to the health, welfare and safety of the citizens of the City so that an emergency is hereby declared and that this ordinance shall be effective from and after the date of its passage. This Ordinance adopted this day of 2025. APPROVED: ATTEST: Mayor : City Clerk Approved as to Form _____________________ Publish One Time 30  1 40-25 ORDINANCE NO. _......,...._....-__ AN ORDINANCE ORDERING THE OWNERS OF CERTAIN DILAPIDATED AND SUBSTANDARD STRUCTURES TO DEMOLISH SAME, AUTHORIZING THE CITY ADMINISTRATOR TO CAUSE THE DEMOLITION OF SUCH STRUCTURES TO OCCUR, AND FOR OTHER PURPOSES BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: It is hereby determined by the Board of Directors that the hereinafter described tracts of real property, and the improvements located there, are dilapidated, unsafe and otherwise detrimental to the public health and constitute structural, fire and health hazards: Street Address: 3632 Kinkead Ave Legal Description: PT SW NE 15-08-32 Parcel: 18883-0000-00601-00 Street Address: 1504 Belle Ave Legal Description: LOT 2, BLK 6, BOCQUIN Parcel: 12763-0011-00032-00 Should be 10571-0002-00006-00 SECTION 2: The owners of the tracts of real property described in Section 1 are hereby ordered to remove or raze the improvements located on the said tracts of property and to remedy the unsightly and unsanitary conditions otherwise located on said tracts of real property within thirty (30) days from the date of this ordinance. SECTION 3: With reference to any tract identified in Section 1 as to which compliance with the direction of Section 2 has not occurred within thirty (30) calendar days from the date of passage of this ordinance, the City Administrator is hereby authorized to execute a contract, based on the bid(s) accepted on the date of this action or at a later date, for the removal or razing of the described improvements on the tract of real property. SECTION 4: The provIsIons of this ordinance are hereby declared to be severable to the extent that a decision by any court of competent jurisdiction determining that any portion of this ordinance or any application thereof is unconstitutional, invalid or otherwise illegal shall not affect the constitutionality, validity or legality of the other provisions and/or applications of the ordinance. 31 32  4 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Andrew Richards, Chief Financial Officer DATE: June 12, 2025 SUBJECT: Request for Appropriation of Insurance Proceeds SUMMARY The enclosed ordinance is a request to amend the 2025 Budget and to appropriate insurance proceeds received of $135,339 for vehicle and property damage repairs. A schedule of insurance proceeds is provided in the attached table. The attached table also includes a list of reimbursements received from various insurance carriers for fleet vehicles and property damaged in accidents or weather-related incidents. These funds will be used to repair damaged vehicles and properties. Please let me know if you have any questions. ATTACHMENTS 1. 06-17-25 Item ID 1916 Finance.pdf 2. Insurance Proceeds Support.pdf Board of Directors Staff Report June 17, 2025 33  4 ORDINANCE NO._________ ORDINANCE AUTHORIZING THE APPROPRIATION OF INSURANCE PROCEEDS FOR VARIOUS CITY DEPARTMENTS AND AMENDING THE 2025 OPERATING BUDGET WHEREAS, the Board of Directors approved the 2025 operating budget on December 3, 2024, by Ordinance No. 125-24; and WHEREAS, the Transit, Police, Fire, Parks, Utility, and Solid Waste departments find it necessary to repair buildings and equipment due to various accidents and weather-related damages totaling $135,339. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS THAT: There is hereby authorized an amendment to the 2025 Operating Budget to appropriate proceeds as follows: Current Revised Account Description Budget Adjustment Budget Revenue 0101-464000 Insurance Proceeds $ 144,086 $ 109,953 $ 254,039 Expenditures 01016550-527200 Maintenance-Equipment 119,918 15,239 135,157 47030101-527200 Maintenance-Equipment 49,450 10,433 59,883 47040101-527200 Maintenance-Equipment 288,138 3,802 291,940 48010101-527200 Maintenance-Equipment 26,360 20,587 46,947 48020101-527200 Maintenance-Equipment 466,977 48,042 515,019 62010101-527200 Maintenance-Equipment 47,942 11,850 59,792 109,953 Appropriation of General Fund Balance $ - Revenue 2101-464000 Insurance Proceeds $ 4,629 $ 24,397 $ 29,026 Expenditures 55232101-527200 Maintenance-Equipment 38,690 752 39,442 55560400-527100 Maintenance-Building 474,075 12,099 486,174 56100000-527200 Maintenance-Equipment 454,800 8,206 463,006 56260000-527200 Maintenance-Equipment 1,164,859 3,340 1,168,199 24,397 Appropriation of Water & Sewer Operating Fund Balance $ - Revenue 2104-464000 Insurance Proceeds $ - $ 989 $ 989 Expenditures 63012104-527100 Maintenance-Building - 989 989 989 Appropriation of Solid Waste Operating Fund Balance $ - PASSED AND APPROVED THIS DAY OF , 2025. APPROVED: ______________________________ Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: ______________________________ CITY ATTORNEY 34  INSURANCE REIMBURSEMENTS FOR VARIOUS CITY DEPARTMENTS June 17, 2025 BOARD MEETING Carrier Date of Loss Check No. Revenue Expense Amount Asset/Unit Purpose Department AML 5/16/2025 72583 2101-464000 55232101-527200 $ 752 299 Insurance Claim No. 2500709 Utilities 5523 AML 5/19/2025 72581 0101-464000 47030101-527200 $ 7,799 753 Insurance Claim No. 2500708 Police 4703 AML 3/12/2025 71833 0101-464000 01016550-527200 $ 3,601 113 Insurance Claim No. 2500309 Transit 6550 AML 3/15/2025 72010 0101-464000 01016550-527200 $ 5,550 997 Insurance Claim No. 2500317 Transit 6550 AML 4/21/2025 72359 0101-464000 01016550-527200 $ 6,088 139 Insurance Claim No. 2500584-1 Transit 6550 AML 4/3/2025 72064 0101-464000 47030101-527200 $ 2,634 494 Insurance Claim No. 2500419 Police 4703 AML 9/6/2024 72886 0101-464000 47040101-527200 $ 1,415 409 Insurance Claim No. 2400987 Police 4704 Trexis Ins. 3/26/2025 1112235758 0101-464000 47040101-527200 $ 2,387 465 Insurance Claim No. 870716 Police 4704 AML 3/12/2025 71845 0101-464000 48010101-527200 $ 20,587 281 Insurance Claim No. 2500311 Fire 4801 AML 1/9/2025 71748 0101-464000 48020101-527200 $ 21,738 496 Insurance Claim No. 2500076 Fire 4802 AML 3/19/2025 71877 0101-464000 48020101-527200 $ 20,725 649 Insurance Claim No. 2500329 Fire 4802 AML 3/23/2025 72258 0101-464000 48020101-527200 $ 4,082 498 Insurance Claim No. 2500352 Fire 4802 AML 4/10/2025 72316 0101-464000 48020101-527200 $ 1,497 43 Insurance Claim No. 2500526 Fire 4802 Bristol West 12/12/2004 1642108040 2101-464000 56100000-527200 $ 8,206 895 Insurance Claim No. 7008567320 Utilities 5610 AML 3/25/2025 71992 2101-464000 56260000-527200 $ 3,340 2126 Insurance Claim No. 2500375 Utilities 5626 AML 3/21/2025 71928 0101-464000 62010101-527200 $ 11,850 740 Insurance Claim No. 2500359 Parks 6201 Utilities 5656 - Lee Creek Oper. AML 8/16/2024 08751 2101-464000 55560400-527100 $ 326 201 Insurance Claim No. 2400972-04 & Filter Bldg. Utilities 5656- Lake FS AML 8/16/2024 08674 2101-464000 55560400-527100 $ 2,853 278 Insurance Claim In. 2400972-03 Treatment Plant AML 8/16/2024 08762 2101-464000 55560400-527100 $ 4,403 207 Insurance Claim No. 2400972-006 Utilities AML 8/16/2024 08762 2101-464000 55560400-527100 $ 4,517 207 Insurance Claim No. 2400972-006 Utilities Sanitation 6301- Landfill AML 8/16/2024 08745 2104-464000 63012104-527100 $ 773 25 Insurance Claim No. 2400972-01 Admin. Bldg. Sanitation 6301- Landfill AML 8/16/2024 08745 2104-464000 63012104-527100 $ 216 25 Insurance Claim No. 2400972-01 Admin. Bldg. Total $ 135,339 General Fund $ 109,954 Water Sewer Fund $ 24,397 Street Fund $ - Solid Waste Fund $ 988 Total $ 135,339 35  5 MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors FROM: Jeff Dingman, Acting City Administrator DATE: June 11, 2025 SUBJECT: Personnel Authority SUMMARY On June 3, 2025, the Board of Directors requested an Ordinance placing the responsibility of hiring and firing department heads with the Board. Since August of 2013, authority over personnel, except for the Internal Auditor, resides with the City Administrator. Prior to 2013, the City Administrator made recommendations to the Board of Directors regarding employment and termination of department heads, deputy city administrator, fire chief, and police chief, which was then confirmed by resolution of the Board. Eight cities in Arkansas, including Fort Smith, operate under the City Manager or City Administrator forms of government. Below is a summary of how personnel authority for hiring and firing department heads is handled by the other seven cities: Arkadelphia City Manager has authority over personnel City Administrator recommendation with concurrence/resolution from the Barling Board of Directors Hope City Manager has authority over personnel Hot Springs City Manager has authority over personnel City Manager has personnel authority. **Since the passing of Little Rock’s City Little Rock Manager, the Mayor has temporary personnel authority** Siloam City Administrator has authority over personnel Springs Texarkana City Manager has authority over personnel Prepared at the Board's request for consideration is an Ordinance placing the responsibility of hiring, disciplining, and terminating department heads, deputy city administrator, fire chief, and police chief with the Board of Directors. Please contact me if you have questions regarding this agenda item. ATTACHMENTS 1. 20250608_Ordinance_Personnel_Authority_Option_A.pdf Board of Directors Staff Report June 17, 2025 36  5 ORDINANCE NO. ________ AN ORDINANCE REGARDING PERSONNEL AUTHORITY OF THE BOARD OF DIRECTORS OVER THE HEADS OF CITY DEPARTMENTS ____________________________________________________ BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: Section 2-96 of the Fort Smith Municipal Code is hereby amended to read as follows: Sec. 2-96. – Personnel authority of city administrator. (a) Except as otherwise provided by law, except as otherwise provided in this Article, and except for his or her own job position, the city administrator shall have full power and responsibility concerning the employment, disciplining, and termination of employment of all officials and non-uniformed employees of the city according to the budgeting of positions and levels of compensation established from time to time by the board of directors. (b) The board of directors reserves to itself the power and responsibility of employment, discipline and termination with reference to the following positions: heads of city departments, the deputy city administrator, the fire chief, the police chief, and the internal auditor. The board acknowledges the authority of the judges of the Sebastian County District Court with reference to the district court clerk. SECTION 2: Section II. B. of the Human Resources Policy for Non-Uniformed Employees, adopted by Ordinance No. 85-11, is amended to read as follows: B. The Board of Directors will appoint, discipline, and remove the individuals employed in the following positions: heads of city departments, the Deputy City Administrator, the Fire Chief, the Police Chief, and the Internal Auditor. The appointment and removal of persons in all other non-exempt and exempt positions will be determined by the City Administrator without the necessity of approval by the Board of Directors. SECTION 3: Any ordinances found to be in conflict with the provisions of this ordinance are hereby repealed to the extent necessary to resolve such conflict. 37  PASSED and APPROVED this day of June, 2025. APPROVED: _______________________ MAYOR ATTEST: _______________________ CITY CLERK Approved as to form: ___________________________ City Attorney Publish one time 38  6 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: June 2, 2025 SUBJECT: 2016 SSA Remedial Measures, Sub-Basin S007 Change Order No. 1 SUMMARY November 19, 2025, the Board of Directors approved the bid of Forsgren, Inc. in the amount of $8,231,278.00. A project summary, including scope and location are attached for review. During construction deterioration in the condition of some line segments and manholes was discovered as compared to the Sanitary Sewer Assessment completed in 2016-2017 requiring a change order. Change Order 1 increases the contract amount by $235,067.75 adjusting the contract total to $8,466,345.75 plus an additional 60 days to reach substantial completion. The new adjusted contract substantial completion date is March 1, 2026, a total of 467 days. The attached Resolution authorizes the Mayor to execute Change Order 1 in the amount of $235,067.75 plus an additional 60 days. Funding for this project is available through the 5/8% sales tax dedicated to Consent Decree projects. This project aligns with the goals of the comprehensive plan policy TI-4.1 (Continue to ensure that customers within Fort Smith have access to reliable water, sewer, drainage, solid waste services by reducing or eliminating deficiencies and gaps in infrastructure systems), and compliance and completion of the Consent Decree. Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 6-17-25_Item_ID1900_Resolution_Utilities.pdf 2. 6-17-25 Item ID1900 Attachments Utilities.pdf FISCAL IMPACT: $235,067.75 and additional 60 days BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report June 17, 2025 39 CONSENT DECREE 6 RESOLUTION NO. ___________ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO.1 WITH FORSGREN, INCORPORATED FOR THE 2016 SSA REMEDIAL MEASURES, SUB-BASIN S007, PROJECT NO. 17-12-C1 BE IT RESOLVED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: Change Order Number 1 with Forsgren, Incorporated for the 2016 SSA Remedial Measures, Sub-Basin S007, Project No. 17-12-Construction (C1) is hereby approved. SECTION 2: The Mayor, his signature being attested by the City Clerk is hereby authorized to execute Change Order No. 1 with Forsgren, Incorporated increasing the contract by $235,067.75 and adding 60 days, adjusting the total contract amount to $8,466,345.75 and contract time to 467 days for substantial completion. THIS RESOLUTION ADOPTED THIS DAY OF ,2025. APPROVED: _______________________________ MAYOR ATTEST: ______________________________ CITY CLERK APPROVED AS TO FORM: ________________________npr 40  CHANGE ORDER Project: 2016 SSA Remedial Measures - Sub-Basin S007 Change Order No.: 1 Project No.: 17-12-C1 Contractor: Forsgren, Inc Contract Date: 11/26/2024 Description: During construction the deterioration in the conditino of some line segments and manholes was discovered compared with the Sanitary Sewer Assessment work completed during 2016-2017. As such additional funds are needed to account for this additional work. Counterparts and Electronic Signatures: This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The facsimile, email or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. Signatures delivered by facsimile, email or other electronic means shall bind the signatory notwithstanding any subsequent failure or refusal to deliver an original signature signed in ink. Change To The Project Price: Original Contract Price $ 8,231,278.00 Contract Price for Change Orders To Date $ - The Contract Price for this Change Order $ 235,067.75 The Contract Price Following This Change Order Will Be $ 8,466,345.75 Cost of Work Completed to Date $ 1,506,088.52 Contract Balance Remaining $ 6,960,257.23 Change To The Project Time: Original Contract Time for Substantial Completion (Days) 400 Additional Contract Time for Substantial Completion Due to Change Orders To Date (Days) - Additional Contract Time for Substantial Completion Due to This Change Order (Days) 60 The Contract Time to Reach Substantial Completion Following This Change Order Will Be (Days) 460 Time Allowed for Final Completion (Days) 30 Total Contract Days 490 Signatures: Forsgren, Inc Date: 06/05/2025 Brennen Hickey Owner, City of Fort Smith, AR Date: George McGill, Mayor ATTEST: City Clerk 41  � M.. , . ... -� •1�1 • N ·f'= N 29THST ,, � N 3011-1 ST < l' · ., .. ·- , l �· , ,, �.. a ·; �� f - l, I' I �,. .1- 111, ·· ., .,, ->11 N 31STST � i ; ; "'"'"' � N 32NDST � , "•'"use VE Cl N33fr 1 CUFTONCT � 1 �- I •-" 1 '" ""u, N341 �iST ""'C Uo 0 ST U offHST n N 36THST I ► --1 '--' >!HST �i il N 37TH ST I mrTHST I� T Project Location Map N 38THST I ........ TI-IS n N J9THSTIO --1 HST z HST NI ALBERtPIKE�VE RTPIM "' � � Nl43RO N 44�H ST :!' ! N 44TH STi cl Nl45TH g SPENCERlN a; � N 46THST 1, � � I� £1 z i N .t.8TH 0 N�I TH � "'0' 5 I ,' 11 .. IN 4HHSI , ,' N 47TH TER ! 1 "f'"ST I ,, I ARr.tCMJR Cl(/1 N 49TH ST N l49THST c; £1 £1 ,- , �, " t N I� N !'.,OTH3T N 49THST I N 50TH ST N 50TH ST N M>TMST N 501HST ff �STST I � � � N �NOST 0 t'_ 52HDST i N 5i:NDST IN 52f'WST � 53ROST � o z lo� SJROST IO$T COUEGE OR Ii ,; ;� I N WAU)RON RO i � � N WALDRON RD I N 54THST � g . . � � HILARYlt-l w 0 " I 0 ! ;::;;; I r N 561HST J� N 56TH$T " , �1 5800 -- c N 59THTER � '.'\ rn _ 0 �� ""'"!'_" � q,, � ;;;,;, � a �,�.i;::� I I L � ===---- I I N "'  Project Summary Project Name: Project Status: 2016 SSA Remedial Measures - Sub- In Progress Basin S007 Project Number: Today's Date: 17-12-C1 May 27, 2025 Project Engineer: Staff Contact Name: Ben Fears Lance McAvoy Project Contractor: Staff Contact Phone: Forsgren, Inc 479-784-2242 Notice to Proceed Issued: ####### ####### 12/19/2024 Contract Time Dollar Amount (Days) Original Contract Amount: $8,231,278.00 407 Change Order(s) To Date: $0.00 0 This Change Order: $235,067.75 60 Adjusted Contract: $8,466,345.75 467 Payments to date (as negative): -$1,484,595.52 Retainage Held $74,229.78 Contract Balance Remaining $6,981,750.23 Final Comments: Change Order is needed to complete work not identified Scope of Project: Remediation of approximately 3,794 linear feet of 8-inch and 200 linear feet of 12-inch sanitary sewer line replacement by pipe burst method, 2,331 linear feet of 8-inch and 603 linear feet of 12-inch remediation by CIPP; installation of 73 clean outs; replacement of 27 48-inch diameter manholes; lining of 38 manholes; and replacement of 17 manhole frame and covers. 43  7A MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Chris Hoover, Grants and Government Relations Manager DATE: June 11, 2025 SUBJECT: Grant Application to the U.S. Department of Justice Community Oriented Policing Services Hiring Program (COPS CHP). SUMMARY The Community Oriented Policing Services Hiring Program (COPS CHP) is a competitive award program designed to provide funding directly to law enforcement agencies to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. If awarded, the gran application being submitted by the Fort Smith Police Department will provide funds to support the creation of a a full-time, five-officer Community Violence Intervention Team (CVIT). This unit will be designed as a long-term, intelligence-led, community-integrated response to rising patterns of violent crime, particularly gun violence, aggravated assault, and retaliatory street violence. By embedding proactive enforcement within a framework of community partnership, youth intervention, and neighborhood trust-building, the unit represents a modernized community policing solution to complex crime trends. This grant comes at a 25% local and 75% federal participation rate. The 25% local match is $291,748.05. The 75% federal match is $875,244.15. The total project cost is $1,166,992.20 ATTACHMENTS 1. Resolution_1925.pdf 2. 2025 COPS CHP Budget Narrative.pdf GRANT NAME: Community Oriented Policing Services Hiring Program (COPS CHP) GRANT AGENCY: United States Department of Justice Board of Directors Staff Report June 17, 2025 44  7A RESOLUTION NO._________ A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN APPLICATION TO THE COMMUNITY ORIENTED POLICING SERVICES HIRING GRANT PROGRAM THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE WHEREAS, the Fort Smith Board of Directors recognizes that funds are available for application; and WHEREAS, the Fort Smith Board of Directors understands that the Community Oriented Policing Services Hiring Grant Program requires a 25% local cost share in the amount of $291,748.05 and will require the appropriation of matching funds if awarded; and WHEREAS, the Fort Smith Board of Directors understands that an application does not guarantee funds will be awarded. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The City of Fort Smith Board of Directors authorizes the City Administrator to apply for funding through the Community Oriented Policing Services Hiring Grant Program through the United States Department of Justice on terms of 75% federal participation and 25% local match. THIS RESOLUTION ADOPTED THIS_____DAY OF_______________, 2025. APPROVED: _________________________________ Mayor ATTEST: ________________________ City Clerk Approved as to form: __________________________ No Publication Required 45 Budget Narrative – Fort Smith Police Department 2025 COPS Hiring Program Grant Application The Fort Smith Police Department (FSPD) respectfully requests funding under the 2025 COPS Hiring Program to support the addition of five full-time sworn police officers for assignment to a new Community Violence Intervention Team (CVIT). This team, operationally designated as Operation Safe Haven, will provide a dedicated, long-term enforcement and engagement presence focused on violent crime suppression and prevention, particularly among high-risk youth populations. FSPD is requesting three years of federal funding to cover 75% of the total salary and fringe benefits for these five new officers, in accordance with CHP grant guidelines. The City of Fort Smith will contribute the required 25% local match and cover all additional costs, including uniforms, equipment, training, vehicles, and supervisory personnel. Position Cost Breakdown (Per Officer) The total annual cost to the city per officer, based on the position of Police Officer (Grade P1, Step 1), is: • Base Salary: $50,003.20 • Fringe Benefits: $26,111.23 • Other Costs (Medicare & Workers' Comp): $1,685.05 • Total Annual Cost per Officer: $77,799.48 Three-Year Total Cost for Five Officers Year Cost per Officer Total (5 Officers) Year 1 $77,799.48 $388,997.40 Year 2 $77,799.48 $388,997.40 Year 3 $77,799.48 $388,997.40 Total (3 Years) — $1,166,992.20 COPS CHP Federal Request (75%) Under COPS CHP guidelines, the federal share covers 75% of total salary and fringe benefit costs over three years. Therefore: • Federal Share Requested: $$875,244.15 (75% of $1,166,992.20) 46  • Local Match Commitment: $$291,748.05 (25% of $1,166,992.20) FSPD and the City of Fort Smith have committed to providing this match and will fund all non-personnel- related costs associated with the Community Violence Intervention Team. Other Cost Considerations • Supervision and Support: The CVIT will be supervised by an existing sergeant and supported by a departmental crime analyst already on staff. These positions are not part of the funding request and will be covered locally. • Equipment and Training: All required onboarding, equipment (including BWC, firearms, uniforms), and initial and ongoing training will be funded by the department or through existing grant sources. • Facilities and Integration: Officers will operate out of existing police facilities. No facility expansion or renovation is required. • Sustainability: After the three-year funding period, the department is committed to maintaining the CVIT for the remaining two years of the grant period with local funds. At the conclusion of the five year grant period, the department intends to permanently absorb these positions into its operating budget, with a focus on maintaining the CVIT as a dedicated, community- integrated unit. Conclusion The requested funds will allow FSPD to strategically expand its capacity to address violent crime in a data-informed, community-integrated manner. By embedding these five new officers within Operation Safe Haven, the department will increase its ability to reduce gun violence, engage at-risk youth, and build neighborhood trust—all while maintaining core patrol coverage. This investment will help close the gap between enforcement and prevention, creating a sustainable pathway to safety and stability for the residents of Fort Smith. 47  7B MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Chris Hoover, Grants & Government Relations Manager DATE: June 11, 2025 SUBJECT: Grant Application to the U.S. Department of Justice Law Enforcement Mental Health and Wellness Act (LEMHWA) grant program. SUMMARY The Law Enforcement Mental Health and Wellness Act grant program was created to improve the delivery of and access to mental health and wellness services for law enforcement officers through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. If awarded, the grant application being submitted by the Fort Smith Police Department will provide funds that will support a comprehensive, two-year officer wellness initiative. This wellness initiative will support six interconnected components: peer support training, clinical partnerships, chaplain training, gym access, office space for the volunteer psychiatrist, and a wellness application. These investments are designed to increase access, reduce stigma, and sustain officer wellness and resilience over time. The total amount being applied for is $181,160. This grant program does not require a local match. ATTACHMENTS 1. Resolution_1926.pdf 2. 2025 LEMHWA budget narrative.pdf GRANT NAME: The Law Enforcement Mental Health and Wellness Act (LEMHWA) grant program GRANT AGENCY: United States Department of Justice Board of Directors Staff Report June 17, 2025 48  7B RESOLUTION NO.________ A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN APPLICATION TO THE LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT GRANT PROGRAM THROUGH THE UNITED STATES DEPARMENT OF JUSTICE WHEREAS, the Fort Smith Board of Directors recognizes that funds are available for application; and WHEREAS, the Fort Smith Board of Directors understands that the Law Enforcement Mental Health and Wellness Act Grant Program requires a 0% local cost share and the total amount being applied for is $181,160; and WHEREAS, the Fort Smith Board of Directors understands that an application does not guarantee funds will be awarded. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The City of Fort Smith Board of Directors authorizes the City Administrator to apply for funding through the Law Enforcement Mental Health and Wellness Act Grant Program through the United States Department of Justice on terms of 100% federal participation and 0% local match. THIS RESOLUTION ADOPTED THIS_____DAY OF_______________, 2025. APPROVED: ___________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to form: __________________________ No Publication Required 49 Budget Narrative – Fort Smith Police Department 2025 LEMHWA Grant (Two- Year Period) The Fort Smith Police Department (FSPD) respectfully requests funding under the 2025 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Program to support a comprehensive, two-year officer wellness initiative. The total request spans two years and supports six interconnected components: peer support training, clinical partnerships, chaplain training, gym access, office space for the volunteer psychiatrist, and a wellness application. These investments are designed to increase access, reduce stigma, and sustain officer wellness and resilience over time. 1. Peer-to-Peer Training and Certification – $16,800 (One-Time Cost in Year 1) FSPD will certify 28 staff as peer support counselors through an online, Arkansas-accepted training program at $600 per participant. This one-time investment, totaling $16,800, will occur in Year 1 and establishes a department-wide network of trained support personnel. Certification ensures legal confidentiality protections under Arkansas Code § 16-40-106, encouraging greater usage and trust in peer resources. 2. Clinical Partnership Services – $58,250 ($29,125 per Year x 2 Years) FSPD will contract with Fort Smith Therapy, Health and Wellness to provide mental health counseling at a rate of $125 per session. Based on anticipated use of 233 sessions annually, the department estimates $29,125 per year, totaling $58,250 over two years. This partnership increases access, clinician diversity, and continuity of care for both mandated and voluntary counseling needs. 3. Chaplain Training – $3,430 (One-Time Cost in Year 1) Five volunteer police chaplains will attend the International Conference of Police Chaplains in Year 1. Costs include $1,465 for registration, $1,650 for five nights lodging (three rooms at $110/night), and $315 for per diem meals. Total one-time cost: $3,430. A department vehicle will be used, eliminating travel costs. 4. Gym Membership Program – $82,080 ($41,040 per Year x 2 Years) To improve physical health access, FSPD will subsidize basic community gym memberships for 228 employees at $15/month. Annual cost: $41,040. Over two years, the total cost is $82,080. Employees can opt-in for additional features (e.g., classes, sauna, childcare) at their own expense. This cost-share model encourages usage and ensures accessibility across shifts and assignments. 5. Wellness Application – $18,000 ($9,000 per Year x 2 Years) The Lighthouse Health and Wellness App will serve as a digital hub for all wellness resources, offering confidential access to support services. Annual licensing and support is $9,000, totaling 50 $18,000 over the two-year grant. The app facilitates officer engagement, discreet access to care, resource coordination, and backend analytics for the Wellness Coordinator. 6. Office Furnishings for Volunteer Psychiatrist – $2,600 (One-Time Cost in Year 1) FSPD will furnish a private office for the department’s volunteer psychiatrist to conduct confidential consultations. One-time costs include a desk ($1,100), seating ($1,000), and supplies ($550), totaling $2,600. This private space supports discretion, improves engagement, and integrates psychiatric care into the department’s larger wellness strategy. Total Requested (Two-Year Period): $181,160 Item Cost Year 1 Year 2 Peer Support Training $16,800 (1x) $16,800 — Clinical Partnerships $58,250 (2x) $29,125 $29,125 Chaplain Training $3,430 (1x) $3,430 — Gym Memberships $82,080 (2x) $41,040 $41,040 Wellness App $18,000 (2x) $9,000 $9,000 Psychiatrist Office Furnishings $2,600 (1x) $2,600 — Total $181,160 $101,995 $79,165 This budget represents a scalable, multi-pronged strategy that combines training, partnerships, technology, and infrastructure to build a resilient wellness culture. All requested funds directly support officer mental and physical health and will be managed by the department’s Wellness Coordinator, who is already funded through local resources. 51  7C MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: May 27, 2025 SUBJECT: Lee Creek Southeast Lagoon Cleaning SUMMARY The Lee Creek Water Treatment Plant's typical operations generate settled sludge, which is collected in four onsite lagoons designed for this purpose. This project involves the removal and disposal of sludge from the Southeast Lagoon, which is almost at full capacity currently. The Southeast Lagoon measures approximately 210’ x 190’, 10 feet deep and contains approximately 11,000 and 12,000 cubic yards of residuals. One bidder submitted a bid and attended the bid opening. Denali Water Solutions LLC submitted the sole bid in the amount of $334,248.00. A bid tabulation detailing the bid is attached. A resolution authorizing the Mayor to execute a contract with Denali Water Solutions for $334,248.00 is attached. There is a 76% increase from the 2024 cleaning of the southwest lagoon. The 2024 bid did not include unanticipated additional pumping because of periodic rain in 2024 or needing a second dump site during the project. These line items are included in the 2025 bid, accounting for the increase. Funding for this project is available through account 55560400 521300 – Water Treatment Outside Services. Please contact me if you or any board members have questions or need further information. ATTACHMENTS 1. 6-17-25_Item_ID_1884_Resolution_Utilities Corrected.pdf 2. 6-17-25 Item ID 1884 Attachments Utilities RESIZED.pdf FISCAL IMPACT: $334.248.00 BUDGET INFORMATION: Budgeted / Water Utilities - Water Treatment Operating Budget 55560400-527200 Board of Directors Staff Report June 17, 2025 52  7C RESOLUTION NO. ___________ A RESOLUTION ACCEPTING THE BID OF AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH DENALI WATER SOLUTIONS LLC FOR THE LEE CREEK SOUTHEAST LAGOON CLEANING-PROJECT NO. 25-04-C1 BE IT RESOLVED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The bid of Denali Water Solutions LLC, for the Lee Creek Southwest Lagoon Cleaning, Project 25-04-C1 is hereby approved. SECTION 2: The Mayor is hereby authorized to execute a contract with Denali Water Solutions LLC in the amount of $334,248.00 and for a contract period of 90 days, for performing said construction. THIS RESOLUTION ADOPTED THIS DAY OF , 2025. APPROVED: ___________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: __________________npr 53  Bid Tabulation Sheet Project Name Lee Creek – Southeast Lagoon Cleaning 25-04-C1 Bid Opening May 27, 2025 10:00 A.M. Bids Received Denali Water Solutions Russellville, AR $ 334,248.00 54 55 56 57 58 59 60 From: Fears, Ben on behalf of Fears, Ben <Ben.Fears@fortsmithar.gov> To: Thukral, Rahul Cc: 25-04-C1 - Southwest Lagoon Cleaning (25-04@docs.e-builder.net) Subject: 25-04 - Permit Information Date: Tuesday, June 3, 2025 9:54:56 AM Attachments: image001.png Rahul, Below is the permit information sent by Denali. Is there anything else you believe we need? Ben Fears Project Engineer City of Fort Smith Utility Department 801 Carnall Ave, Suite 500 Fort Smith, AR 72901 Phone: (479) 494-3930 Cell: (479) 496-5582 Ben.Fears@fortsmithar.gov www.FortSmithAR.gov From: Chuck Campbell <chuck.campbell@denaliwater.com> Sent: Tuesday, June 3, 2025 9:52 AM To: Gary Emery <gary.emery@denaliwater.com>; Fears, Ben <Ben.Fears@fortsmithar.gov>; Bill McGlothlin <bill.mcglothlin@denaliwater.com>; Mike Bicanovsky <mike.bicanovsky@denaliwater.com>; Scott Walker <swalker@gohydroag.com> Cc: Brinkley Israel <brinkley.israel@denaliwater.com>; Marcus Tilley <mtilley@gohydroag.com> Subject: [Warning: External Email] RE: [Warning: External Email] Re: [EXT]25-04 - Information **CAUTION: EXTERNAL-EMAIL This message originated from outside the organization. Please do not click on any links or open attachments unless you recognize the sender and know the content is safe. ** Ben, We maintain two permits in Crawford County allowing us to service both the Lee Creek WTP and the Mountainburg WTP for land application following all the ADEQ regulations. Lee Creek uses 5235. Mountainburg uses 5210. Here are the links to all the permit information: https://www.adeq.state.ar.us/home/pdssql/p_permit_details_water_spb.aspx?AFINDash=17- 01411&AFIN=1701411&PmtNbr=5235-WG-WR-3 61 https://www.adeq.state.ar.us/home/pdssql/p_permit_details_water_spb.aspx?AFINDash=17- 01400&AFIN=1701400&PmtNbr=5210-WG-WR-4 If you have any questions, give me a call. Chuck Campbell • Environmental Manager EVT 5357 Mill Creek Road, Russellville, AR 72802 C: 501-725-1377 Chuck.Campbell@DenaliWater.com www.DenaliWater.com From: Gary Emery <gary.emery@denaliwater.com> Sent: Wednesday, May 28, 2025 10:30 AM To: Chuck Campbell <chuck.campbell@denaliwater.com> Subject: Fw: [Warning: External Email] Re: [EXT]25-04 - Information Get Outlook for iOS From: Fears, Ben <Ben.Fears@fortsmithar.gov> Sent: Wednesday, May 28, 2025 10:08:21 AM To: Gary Emery <gary.emery@denaliwater.com> Cc: 25-04-C1 - Southwest Lagoon Cleaning (25-04@docs.e-builder.net) <25-04@docs.e-builder.net>; Eglinsdoerfer,Kenneth <Kenneth.Eglinsdoerfer@FortSmithAR.gov>; Thukral, Rahul <Rahul.Thukral@FortSmithAR.gov> Subject: RE: [Warning: External Email] Re: [EXT]25-04 - Information Gary, Could you share a copy of the permit information for the dump site and an explanation of the increased cost compared to last years lagoon cleaning? Ben Fears Project Engineer City of Fort Smith Utility Department 801 Carnall Ave, Suite 500 Fort Smith, AR 72901 Phone: (479) 494-3930 62 Cell: (479) 496-5582 Ben.Fears@fortsmithar.gov www.FortSmithAR.gov From: Gary Emery <gary.emery@denaliwater.com> Sent: Tuesday, May 27, 2025 11:11 AM To: Fears, Ben <Ben.Fears@fortsmithar.gov> Cc: 25-04-C1 - Southwest Lagoon Cleaning (25-04@docs.e-builder.net) <25-04@docs.e-builder.net>; Eglinsdoerfer,Kenneth <Kenneth.Eglinsdoerfer@FortSmithAR.gov> Subject: [Warning: External Email] Re: [EXT]25-04 - Information **CAUTION: EXTERNAL-EMAIL This message originated from outside the organization. Please do not click on any links or open attachments unless you recognize the sender and know the content is safe. ** We will be going back to Bille Ryan’s farm . We removed around 3 million gallons last time . I’ll have to check and get the exact volume Get Outlook for iOS From: Fears, Ben <Ben.Fears@fortsmithar.gov> Sent: Tuesday, May 27, 2025 11:04:43 AM To: Gary Emery <gary.emery@denaliwater.com> Cc: 25-04-C1 - Southwest Lagoon Cleaning (25-04@docs.e-builder.net) <25-04@docs.e-builder.net>; Eglinsdoerfer,Kenneth <Kenneth.Eglinsdoerfer@FortSmithAR.gov> Subject: [EXT]25-04 - Information Gary, I am wanting to verify what the proposed location for dumping the removed residuals? Could you also send what the location was for 24-05 as well as the exact amount removed? Ben Fears Project Engineer City of Fort Smith Utility Department 801 Carnall Ave, Suite 500 Fort Smith, AR 72901 Phone: (479) 494-3930 Cell: (479) 496-5582 Ben.Fears@fortsmithar.gov 63 Project Location Maps 64 Project Location Maps 65 Project Location Maps 66 Photo shows the current condition of the southeast lagoon including 1-2 feet of rainwater. 67 68 69 Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com 70 Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com  7D MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: June 10, 2025 SUBJECT: I-540 and Highway 255 Utility Relocation, Project 23-10-C1, Property Acquisition SUMMARY The Arkansas Department of Transportation (ArDOT) is currently in the acquisition phase to widen and realign the I-540 on ramp at South 36th Street and State Highway 255 and is acquiring additional right of ways from existing property owners. ArDOT’s standard policy is not to allow utilities to be placed within their ROW, utilities will be required to relocate their lines outside the proposed ROW. ArDOT will reimburse utilities for actual expenses incurred. The project requires the acquisition of two (2) water utility easements and two (2) temporary construction easements. Additional acquisitions may be needed based on design changes as the project progresses. The City’s appraiser, Ken Colley & Associates, Inc., has completed and updated the necessary appraisals, copies of pertinent pages are attached for your review. Staff will be offering the amounts shown on the attached Resolution for the needed the easements. In the event the landowner declines to grant the easement, staff recommends the city attorney be allowed to move forward under eminent domain to obtain the needed easement. Because of the project's scheduling, staff recommends the attached Resolution, which includes authorizing the city administrator and city attorney to proceed with eminent domain actions to acquire the needed easements, be approved. As always, representatives of the city will continue to negotiate with property owners to reach a mutually agreeable settlement. Funding source for this project is from 6505 Capital Improvement funds. Please contact me should you or members of the Board have any questions or desire additional information. Board of Directors Staff Report June 17, 2025 71  ATTACHMENTS 1. 6-17-25_Item_ID_1917_Resolution_Utilities.pdf 2. 6-17-25 Item ID 1917 Attachments Utilities.pdf FISCAL IMPACT: $5,990.00 BUDGET INFORMATION: Budgeted / Water Utilities - 6505 Capital Improvement Funds Board of Directors Staff Report June 17, 2025 72  7D RESOLUTION NO. ____________ RESOLUTION TO AMEND RESOLUTION R-41-25 REGARDING THE ACQUISITION OF PERMANENT WATER AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF THE I-540 AND HIGHWAY 255 UTILITY RELOCATIONS PROJECT 23-10 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: Resolution R-41-42 is hereby amended, to reflect that only acquisition of Tracts 4 and 5 are necessary due to a project change in scope requiring utilities to be relocated from ARDOT right of way. SECTION 2: The following appraised values for the acquisition of water and temporary construction easements (TCE), for the construction and maintenance of the I-540 and Highway 255 Utility Relocations Project Number 23-10, are hereby approved, and acquisition of the easements for the amounts listed is hereby authorized: Tract Parcel No. Easement Type Value No. 4 14213-0042-00000-00 Water & TCE $3,570.00 5 14213-0043-00000-00 Water & TCE $2,420.00 SECTION 3: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 73  SECTION 4: In the event the easements described herein cannot be acquired by negotiation, the City Administrator and the City Attorney are hereby authorized to commence eminent domain proceedings to obtain the necessary easement herein described and make deposit of just compensation of the appraised value of the easement listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of June, 2025. APPROVED: ________________________________ Mayor Attest: ___________________________________ City Clerk APPROVED AS TO FORM: _____________________________npr 74 23-10 Harry Robinson Contact Log 4.10.25 – Had a meeting at dealership to discuss new layout of project and requested, by Mr. Robinson, changes to the project. Meeting Attendance: Parth Modi, City of Fort Smith Barry McCormick, Hawkins-Weir Chad Bethel, City of Fort Smith Harry Robinson, Property Owner 6.10.25 – New appraisals and board meeting dates was dropped off at Mr. Robinsons dealership. 75    5($/(67$7($335$,6$/5(3257 ),/(    352326('87,/,7<($6(0(17  7(0325$5<&216758&7,21($6(0(17 +$55<*$7(652%,1621-5/,9,1*75867 6WK67 )25760,7+$5    5(48(67('%< &+$'%(7+(/ &,7<2))25760,7+ &$51(//$9(68,7( )25760,7+$5    ,17(1'('86(56 &,7<2))25760,7+ &$51(//$9(68,7( )25760,7+$5     ,163(&7,219$/8('$7( 0$<    %< .(1&2//(<±$5&*2.&*$ /,6$.'$1,(/±$5&5   76  .HQ&ROOH\ $VVRFLDWHV,QF .HQ&ROOH\2ZQHU  0DVVDUG5G 3KRQH (PDLODSSUDLVDOV#NHQFROOH\LQFFRP 5HDO(VWDWH$SSUDLVHUV )RUW6PLWK$5 )D[ :HEVLWHZZZNHQFROOH\LQFFRP  &RPPHUFLDO 5HVLGHQWLDO -XQH  &KDG%HWKHO &LW\RI)RUW6PLWK &DUQHOO$YH6XLWH )RUW6PLWK$5  5( 3URSRVHG8WLOLW\(DVHPHQW 7HPSRUDU\&RQVWUXFWLRQ(DVHPHQW +DUU\*DWHV5RELQVRQ-U/LYLQJ7UXVW  6WK6W )RUW6PLWK$5  'HDU0U%HWKHO  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³),55($´   $QLQVSHFWLRQRIWKHVXEMHFWSURSHUW\ZDVPDGHE\.HQ&ROOH\DQG/LVD'DQLHO$GHVFULSWLRQRIWKH VXEMHFWSURSHUW\¶VVLWHDQGHDVHPHQWGHVFULSWLRQLVLQFOXGHGLQWKHDSSUDLVDOUHSRUW'DWDSHUWLQHQW WRWKHVXEMHFWSURSHUW\ZDVDQDO\]HGVHOHFWHGGDWDLVLQFOXGHGLQWKHDSSUDLVDODQGDQRSLQLRQRI YDOXHZDVGHWHUPLQHG,WLVP\RSLQLRQWKDWWKHHVWLPDWHGPDUNHWYDOXHRIWKHIHHVLPSOHLQWHUHVW IRUWKHVXEMHFWSURSHUW\RIWKHEHIRUHYDOXHLQ³DVLV´FRQGLWLRQDQGDIWHUYDOXHLQ³DVFRPSOHWHG´ FRQGLWLRQDVRI0D\LVHVWLPDWHGWREH  sĂůƵĞĞĨŽƌĞdĂŬŝŶŐ ΨϰϬϬ͕ϬϬϬ sĂůƵĞĨƚĞƌdĂŬŝŶŐ Ψϯϵϲ͕ϰϯϰ sĂůƵĞŝĨĨĞƌĞŶĐĞͬŽŵƉĞŶƐĂƚŝŽŶ Ψϯ͕ϱϲϲ ZŽƵŶĚĞĚdŽ͗ Ψϯ͕ϱϳϬ   7KHUHDGHUVKRXOGUHYLHZWKHOLPLWLQJFRQGLWLRQVDQGFHUWLILFDWLRQLQFOXGHGLQWKLVUHSRUW6KRXOG\RX QHHGIXUWKHULQIRUPDWLRQRUKDYHDQ\TXHVWLRQVSOHDVHFDOO  6LQFHUHO\   .HQ&ROOH\,)$      $5&*2.&*                      79 Project Name: I-540 & Hwy 255 Utility Relocations Project #: 23-10-ED1 Date: May 12, 2025 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Harry Gates Robinson Junior Living Trust, GRANTOR(S), for and in consideration of the sum of $1.00 and other good and valuable consideration, to them in hand paid by the CITY OF FORT SMITH, ARKANSAS, a municipal corporation, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey, unto the said GRANTEE and its successors and assigns a permanent easement for the construction, operation and maintenance of public and/or franchised utilities, both above ground and underground, over, across, under and upon the following described lands lying in the City of Fort Smith, Sebastian County, Arkansas, to-wit: A variable width easement over part of Tract E, Johnny Cake Commercial Park Tract “E” Addition to the City of Fort Smith (Filed For Record 05/12/1987), Sebastian County, Arkansas, being more particularly described as follows: Commencing at the Southeast corner of said Tract E; thence along the East line of said Tract N03ၨ42¶19”E 288.92¶; thence N02ၨ48¶19”E 315.36¶ to the Point of Beginning; thence N87ၨ11¶41”W 14.95¶; thence N10ၨ08¶07”W 27.63¶; thence N02ၨ40¶36”E 69.55¶ to the North line of said Tract; thence along said North line S87ၨ07¶49”E 18.42¶ to the West right-of-way of South 36th Street (Per ARDOT Job 040889), thence along said West right-of-way S02ၨ44¶33”W 59.98¶; thence S10ၨ08¶07”E 12.53¶ to said East lot line; thence along said East lot line S02ၨ48¶19”W 24.26¶ to the Point of Beginning, containing 1,774 square feet or 0.04 acres more or less. GRANTEE shall provide GRANTOR a start date prior to commencing construction. GRANTEE, it¶s agents and assigns shall have the temporary right for (120) days, and until completion and acceptance by GRANTEE of the construction work, to enter upon and use as described to wit: 80  An 11.00¶ wide easement over part of Tract E, Johnny Cake Commercial Park Tract “E” Addition to the City of Fort Smith (Filed For Record 05/12/1987), Sebastian County, Arkansas, the centerline of which being more particularly described as follows: Commencing at the Southeast corner of said Tract E;; thence along the East line of said Tract N03ၨ42¶19”E 288.92¶; thence N02ၨ48¶19”E 274.21¶; thence N87ၨ11¶41”W 5.50¶ to the Point of Beginning; thence parallel and 5.50¶ West of said East line N02ၨ48¶19”E 41.16¶ to the Point of Termination, containing 453 square feet or 0.01 acres more or less. with rights of ingress and egress to and from the same. To have and to hold said easement unto GRANTEES forever. GRANTORS shall have the right to use the surface of the property above described as long as GRANTORS wish, provided, that GRANTORS shall not interfere with the use thereof by GRANTEES, and further, GRANTORS shall not erect a permanent building or other structure within said easement, and further, GRANTORS shall provide gates acceptable to GRANTEES if said easement is fenced. GRANTEE shall provide temporary access to the property during construction and shall coordinate any temporary drives or closures of driveways during construction with GRANTOR. After completion of construction, GRANTEES shall restore the land in this permanent/ temporary easement (whichever the case, or both) to as near its original condition as possible, subject to both parties acting in a reasonable manner. The consideration paid by GRANTEES is received and accepted by GRANTORS in full satisfaction of every right hereby conveyed. GRANTORS do hereby covenant with GRANTEES that GRANTORS are lawfully seized and possessed of the real estate above described and that GRANTORS have a good and lawful right to convey the same or any part thereof. It is hereby understood that party securing this grant in behalf of GRANTEES is without authority to make any covenant or agreement not herein expressed. Witness our hands and seals on this day of , 2025. 81  ACKNOWLEDGMENT STATE OF ARKANSAS ) SS) County of ) On this _____ day of _______________, 2025, before me, a Notary Public, duly commissioned, qualified and acting, within and for the County of ___________________, Arkansas, appeared in person the within named ____________________, __________________ to me personally well known or proven to be the persons whose names appear upon the within and foregoing instrument, and stated and acknowledged that they had executed the same for the consideration, uses and purposes therein mentioned and set forth, and I do hereby so certify. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of , 2025. Notary Public My Commission Expires: ______________________ 82  Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com 83 Project Name: I-540 & Hwy 255 Utility Relocations Project #: 23-10-ED1 Date: May 12, 2025 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Harry Gates Robinson Junior Living Trust, GRANTOR(S), for and in consideration of the sum of $1.00 and other good and valuable consideration, to them in hand paid by the CITY OF FORT SMITH, ARKANSAS, a municipal corporation, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey, unto the said GRANTEE and its successors and assigns a permanent easement for the construction, operation and maintenance of public and/or franchised utilities, both above ground and underground, over, across, under and upon the following described lands lying in the City of Fort Smith, Sebastian County, Arkansas, to-wit: A variable width easement over part of Tract D, Johnny Cake Commercial Park Tract “D” Addition to the City of Fort Smith (Filed For Record 09/21/1982), Sebastian County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said Tract D; thence along the North line of said Tract S86ၨ49¶29”E 200.00¶ to the West right-of-way of South 36th Street (Per ARDOT Job 040889); thence along said West right-of-way S09ၨ20¶00”W 10.06¶ to the South line of an existing 10¶ Utility Easement and the Point of Beginning; thence continuing along said West right-of-way S09ၨ20¶00”W 110.91¶; thence continuing along said West right-of-way S02ၨ44¶33”W 78.97¶ to the South line of said Tract D; thence along said South line N87ၨ07¶49”W 18.42¶; thence N02ၨ40¶36”E 130.01¶; thence N22ၨ48¶55”E 62.99¶ to the South line of said existing Utility easement; thence along said South easement line S86ၨ49¶29”E 9.68¶ to the Point of Beginning, containing 3,566 square feet or 0.08 acres more or less. See Exhibit A attached hereto and hereby made a part of this instrument, with rights of ingress and egress to and from the same. 84 To have and to hold said easement unto GRANTEES forever. GRANTORS shall have the right to use the surface of the property above described as long as GRANTORS wish, provided, that GRANTORS shall not interfere with the use thereof by GRANTEES, and further, GRANTORS shall not erect a permanent building or other structure within said easement, and further, GRANTORS shall provide gates acceptable to GRANTEES if said easement is fenced. GRANTEE shall provide temporary access to the property during construction and shall coordinate any temporary drives or closures of driveways during construction with GRANTOR. After completion of construction, GRANTEES shall restore the land in this permanent/ temporary easement (whichever the case, or both) to as near its original condition as possible, subject to both parties acting in a reasonable manner. The consideration paid by GRANTEES is received and accepted by GRANTORS in full satisfaction of every right hereby conveyed. GRANTORS do hereby covenant with GRANTEES that GRANTORS are lawfully seized and possessed of the real estate above described and that GRANTORS have a good and lawful right to convey the same or any part thereof. It is hereby understood that party securing this grant in behalf of GRANTEES is without authority to make any covenant or agreement not herein expressed. Witness our hands and seals on this day of , 2025. 85  ACKNOWLEDGMENT STATE OF ARKANSAS ) SS) County of ) On this _____ day of _______________, 2025, before me, a Notary Public, duly commissioned, qualified and acting, within and for the County of ___________________, Arkansas, appeared in person the within named ____________________, __________________ to me personally well known or proven to be the persons whose names appear upon the within and foregoing instrument, and stated and acknowledged that they had executed the same for the consideration, uses and purposes therein mentioned and set forth, and I do hereby so certify. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of , 2025. Notary Public My Commission Expires: ______________________ 86  Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com 87 88 89  7E MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Ken Savage, Transit Director DATE: May 29, 2025 SUBJECT: Transit Vans for Demand Response Service SUMMARY The transit department is seeking Board approval to acquire three (3) new vans. Two (2) of these vehicles will serve as replacements for cutaway buses with greater than 200,000 miles each. One (1) van will serve as a new addition to the fleet and all will be used daily for our demand response service. Enclosed is the manufacture’s flyer of a (gas powered) 22’ Ford Transit High-Roof Conversion Extended Van (Game Changer) which is similar to the department’s replacement vans that were delivered in March of 2025. These vans are included on the State's bid list. The prior vans took approximately nine (9) months for delivery from the time of order. Funding for the vans is included in the 2025 Budget. The purchase price is $104,407 each totaling $313,221 and the Federal Transit Administration grant will reimburse 80% of the expenses. Staff recommends approval of the resolution. ATTACHMENTS 1. Resolution_to_Purchase_3_Additional_Vans_2025.pdf 2. 6-17-25 ITEM ID 1896 Order Form.pdf 3. 6-17-25 ITEM ID 1896 Game Changer Flyer.pdf FISCAL IMPACT: $313,221.00 BUDGET INFORMATION: Budgeted / Transit - 531100 Capital Outlay - Vehicles and 545000 Other Current Expenses Board of Directors Staff Report June 17, 2025 90  7E RESOLUTION NO. __________ A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) FORD TRANSIT HIGH- ROOF CONVERSION EXTENDED VANS FOR THE TRANSIT DEPARTMENT WHEREAS, the Board of Directors of the City of Fort Smith, Arkansas is committed to providing efficient public transportation to the citizens of Fort Smith, Arkansas; and WHEREAS, the Transit Department is in need of transit vans for demand response operations. NOW, THEREFORE, BE IT RESOLVED that the purchase of three (3) 22’ Ford Transit High-Roof Conversion Extended Vans with Lifts at a unit price of $104,407 and a total cost of $313,221 is hereby approved, and the City Administrator is hereby authorized to execute the attached Vehicle Order Form. This Resolution adopted this ____ day of June, 2025. APPROVED: ____________________________________ Mayor ATTEST: _____________________________________ City Clerk Approved as to form: ____________________________ City Attorney 91  ARDOT VEHICLE ORDER FORM #08 22' Ford Transit High-Roof Conversion Extended Van with Lift (7/2 wc) ARDOT No. #08 / State Bid No: PT 23-03, Item #2 CDL Not Required / Length: 22 Feet / Seating: 7-Ambulatory Passengers / 2 WC Positions (Driver NOT included - per NTD) Purchase Order: Date: Agency: City of Fort Smith Address: P.O. Box 1908 City, State, Zip: Fort Smith, AR 72902-1908 Vendor: ATTN: Mark Harris, (501) 517-4910 Contact: Fort Smith Transit Director Central States Bus Sales, Inc. Phone Number: (479) 784 - 2320 420 Lake Drive FTA PO No. North Little Rock, AR 72117 FAIN No. Vendor Federal ID # 431051799 State Job No. Item Description Quantity Bid Price Price Extension 2 22' Ford Transit High-Roof Conversion Extended Van with Lift (7/2 wc) 3 $ 103,332 $ 309,996 BASE PRICE $ 309,996 Optional Equipment (Per Unit): A Floor Covering Altro Upgrade 3 $ 550 $ 1,650 B Headrests (per passenger seat) 0 $ 135 $ - C Child Restraint Systems (per passenger seat, comes standard with 3 ) 0 $ 105 $ - D Seat Belt Extensions (per passenger seat) 21 $ 75 $ 1,575 E Fabric Upholstery Upgrade (per passenger seat) 0 $ 70 $ - F Optional Engine Twin Turbo Upgrade (Not Available at this Time) 0 $ 2,500 Color: White F.O.B. Arkansas Department of Transportation 10324 I-30 Little Rock, AR 72203 0 REAR REQUESTED LOCATION OF THE VEHICLE LIFT 3 SIDE Total Price $ 313,221 Ordered by: UEI Number Approved by: *ALI Code: ARDOT USE ONLY Agency: FT Number Address: City, State, Zip+4 Local Match Source(s): and Amount(s) IMPORTANT!! DO NOT State Match Source(s) Round up Federal Amount and Amount(s) $ 250,576 80% Federal Funding *FTA Replacement $ 62,645 20% Local Funding Vehicle Notes (if applicable) $ - State Funding $ 313,221 Total ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (ARDOT) complies with all civil rights provisions of federal statues and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the FMCSA Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT’s programs and activities, as well as ARDOT’s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT’s nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: joanna.mcfadden@ardot.gov Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. 92  The First And Only Dedicated Curbside Wheelchair Lift Door For The Ford Transit! MobilityTRANS Listened To Your Needs For A True Dual Curb-Side Loader And Delivered! No More Rear Door Passenger Loading Or Unrelia- ble Moveable Side Lifts. • Room For Up To 3 ADA Wheelchair Locations • Available With 84” Tall Ambulatory Bus Door Or Ford Sliding Doorway • Destination Signs, Camera Systems, Escape Hatches, Modular Flooring Systems Availa- ble • More Serviceable And Less Downtime Than Cutaway Buses • Available With 34” WX 54” Wheelchair Lift Platform • Optional 1000 lb. Capacity Wheelchair Lifts • Ford Dual Zone A/C And Heater System. Ser- viceable At Any Ford Dealer • Made In The USA And Meets Buy America • Lower Total Cost Of Ownership Per Passen- 93  • Available On Gasoline And Electric Powertrains • 800 or 1000 lb. capacity ADA wheel chair lifts. Wide variety of tiedowns • Ford, Freedman or AMF-Bruns seats. • Multiple seating and wheelchair con- figurations available MULTIPLE CONFIGURATIONS MobilityTRANS offers a variety of seating configurations to customize the Ford Transit to meet your transportation needs. About MobilityTRANS Founded in 1992, MobilityTRANS is a minority owned company providing a one-stop shop for all com- mercial passenger transportation needs. MobilityTRANS is a manufacturer small buses, ADA Para- transit, vans passenger shuttles, and prisoner transportation vans. All vehicles we provide meet and exceed NHTSA, FMVSS, NMEDA, ADA, and our own tough standards. We have the largest facility in the U.S. dedicated solely upfitting vans for commercial passenger transport. 94  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Airport Commission SUMMARY Mr. Robert Hawkins' term on the Airport Commission will expire on June 30, 2025. Mr. Hawkins is not interested in reappointment. The applicants are Brent Hagy, Thomas Bonkofsky, Drake McGruder, and David Barret Appointments are made by the Mayor and confirmed by a three-fourths vote of the Board of Directors; one appointment is needed. The new term will expire on June 30, 2030. ATTACHMENTS 1. Airport Commission 20250617.pdf Board of Directors Staff Report June 17, 2025 95 96 97 98 99 100 101 102  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Audit Advisory Committee SUMMARY There is one vacancy on the Audit Advisory Committee. Lavon Morton is interested in an appointment. The Board of Directors makes the appointment, one appointment is needed. The term will expire on November 30, 2027. ATTACHMENTS 1. Audit Advisory Committee 2025.06.17.pdf Board of Directors Staff Report June 17, 2025 103 104 105 106  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Community Development Advisory Committee SUMMARY The term of Payton Efurd on the Community Development Advisory Committee expires on June 30, 2025. Mr. Efurd is not interested in reappointment. The applicant at this time is Thomas Bonkofsky. Appointments are made by the Board of Directors; one appointment is needed. The new term will expire on June 30, 2028. ATTACHMENTS 1. CDAC - 20250617.pdf Board of Directors Staff Report June 17, 2025 107 108 109 110  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Session DATE: June 11, 2025 SUBJECT: Fort Smith Municipal Employees Benevolent Fund Board of Advisors SUMMARY The terms of Dewey Young (PD), Darrell Clark (Fire), and Maria Miller (Other City Department) on the Fort Smith Municipal Employees Benevolent Fund Board of Advisors expire on June 30, 2025. They are interested in reappointment. The other applicants are Josh Buchfink (Other City Department) and Rhonda Hays (Citizen). Appointments are made by the Board of Directors; 4 appointments are needed. Three of the Terms (PD, Fire, Other City Department) will expire on June 30, 2028. The Citizen position will expire on June 30, 2026. ATTACHMENTS 1. FS Benevolent Fund 20250617.pdf Board of Directors Staff Report June 17, 2025 111 112 113 114 115 116 117 118 119 120  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Future Fort Smith Committee SUMMARY Dr. Daniel Fudge resigned from the Future Fort Smith Committee. The applicants are Chris Chaney and Rhonda Hays. Appointments are made by the Board of Directors, one appointment is needed. The term will expire on April 21, 2030. ATTACHMENTS 1. Future Fort Smith Committee 20250611.pdf Board of Directors Staff Report June 17, 2025 121 122 123 124 125 126  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 9, 2025 SUBJECT: Appointment: Library Board of Trustees SUMMARY Ms. Lizzie Sinclair resigned from the Library Board of Trustees, leaving one vacancy. The applicants are Ms. Sandi Sanders and Mr. Daniel Harris. Appointments are made by the Mayor and approved by the Board of Directors, one appointment is needed. The term will expire on December 31, 2027. ATTACHMENTS 1. Library Board of Trustees - Appointment 20250617.pdf Board of Directors Staff Report June 17, 2025 127 128 129 130 131 132 133  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Property Owners Appeals Board SUMMARY The terms of Megan Raynor and Jack Swink on the Property Owners Appeal Board expire on July 14, 2025. Ms. Raynor is interested in reappointment, and Mr. Swink is not interested in appointment. No other applications received at this time. Appointments are made by the Board of Directors, one appointment is needed. The new term will expire on July 14, 2030. ATTACHMENTS 1. Property Owners Appeal Board 20250617.pdf Board of Directors Staff Report June 17, 2025 134 135 136  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 11, 2025 SUBJECT: Appointment: Sales Tax Review Committee SUMMARY The terms of Amy Whittington and Lee Easley on the Sales Tax Review Committee expire on June 30, 2025. They are both interested in reappointment. Additionally, there is another vacancy. The applicant is Michael Johns. Appointments are made by the Board of Directors, three appointments are needed. The terms will expire on June 30, 2028. ATTACHMENTS 1. Sales Tax Review Committee 20250617.pdf Board of Directors Staff Report June 17, 2025 137 138 139 140 141 142  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: June 9, 2025 SUBJECT: Appointment: Transit Advisory Commission SUMMARY The terms of Melissa Woodall and Bradley Martin of the Transit Advisory Commission expire on July 14, 2025. Ms. Woodall is interested in reappointment, and Mr. Martin is not interested in reappointment. The other applicant is Melissa Bixby. Appointments are made by City Administration and confirmed by the Board of Directors. Two appointments are needed. The new terms will expire on July 15, 2028. ATTACHMENTS 1. Transit Appointments 20250617..pdf Board of Directors Staff Report June 17, 2025 143 144 145 146 147 148