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 August 19, 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 THE AUGUST 5, 2025 REGULAR MEETING, AND AUGUST 7, 2025 AND AUGUST 12, 2025 SPECIAL MEETINGS ITEMS OF BUSINESS 1. Resolution of the Board of Directors of the City of Fort Smith certifying local government endorsement of business to participate in the Tax Back Program (as authorized by Section 15-4-2706(d) of the Consolidated Incentive Act of 2003) (Project Synergy) (City Administrator) 2. Resolution supporting the Fort Smith National Historic Site (City Administrator) 3. Resolution consenting to the assignments of the lease agreement by and between the City of Fort Smith and Owens Corning Composite Materials, LLC dated as of December 1, 2023; and prescribing other matters relating thereto (City Administrator) ♦ Future Fort Smith Item ​● Consent Decree Item August 19, 2025 Regular Meeting 1  4. Public hearing regarding proposed annexation in the area of Highway 271 South and Texas Road (Planning & Zoning) 5. Resolution of intent to acquire additional cemetery property ~ Rego/Good placed on agenda at the July 15, 2025 study session ~ (City Administrator) 6. Resolution authorizing the Mayor to execute a project development agreement with AMERESCO, Incorporated to perform an investment grade audit on water meters, Project No. 25-03-ES1 ($125,000.00 / Budgeted / Water Utilities - 6505 Capital Improvement Fund) ~ TABLED to the August 19, 2025 regular meeting at the July 22, 2025 regular meeting ~ (Water Utilities) 7. Resolution authorizing the Mayor to execute a three-year renewal order with E-Builder, Inc. to provide professional services ($285,286.79 / Budgeted / Water Utilities - Utility Administration Operating Budget) (Water Utilities) 8. Resolution authorizing acquisition of temporary construction easements in connection with the 2016 SSA Remedial Measures, Sub-Basin P005, Project No. 17-09-C1 ($1,200.00 / Budgeted / Water Utilities - 5/8% Sales and Use Tax) (Water Utilities) 9. Resolution authorizing acquisition of sewer utility easements in connection with the 2016 SSA Remedial Measures, Sub-Basin S007, Project No. 17-12-C1 ($1,185.00 / Budgeted / Water Utilities - 5/8% Sales and Use Tax) (Water Utilities) 10. Resolution authorizing acquisition of sewer utility easements in connection with the Basin 10 and 14 Capacity Improvements, Phase 2, Project No. 24-11 ($1,787.00 / Budgeted / Water Utilities - 5/8% Sales and Use Tax) (Water Utilities) 11. Ordinance authorizing an emergency proposal with Vortex Services, LLC for the Emergency Sanitary Sewer Rehabilitation, M009-0940 to M006-0930, Project 25-07-C1 ($316,510.50 / Budgeted / Water Utilities - 5/8% Sales and Use Tax ) (Water Utilities) 12. Consent Agenda 12A. Resolution accepting dedication of a public trail easement; approving carryover of unexpended 2024 Parks CIP funds dedicated for ACHE trail contribution to the 2025 Parks CIP budget; authorizing reimbursement to Arkansas Colleges of Health Education in the amount of $150,000; and for other purposes ($150,000.00 / Budgeted (Carryover from FY2024 Parks CIP) / Parks & Recreation - 1/8% Sales and Use Tax) (City Administrator) 12B. Resolution authorizing Change Order No. 3 to the contract with Dale Crampton Company (time only - additional 90 days) (Finance) 12C. Resolution authorizing acquisition of water line and sewer line easements in connection with the Highway 45 Utility Relocation, Project No. 19-12-C1 ($2,700.00 / Budgeted / Water Utilities - 2018 Revenue Bonds) (Water Utilities) ♦ Future Fort Smith Item ​● Consent Decree Item August 19, 2025 Regular Meeting 2  12D. Resolution authorizing acquisition of temporary right-of-entry easements for survey and exploration in connection with the Lake Fort Smith Water Transmission Line, Phase 5, Project No. 19-03 ($600.00 / Budgeted / Water Utilities - 2018 Revenue Bonds) (Water Utilities) 12E. Resolution authorizing the execution of a non-residential solid waste collection and disposal permit and agreement with Marck Recycling & Waste Services of NW Arkansas, LLC (Solid Waste Services) 12F. Resolution authorizing the execution of a non-residential solid waste collection and disposal permit and agreement with Lakeshore Recycling Systems, LLC d/b/a LRS South, LLC (Solid Waste Services) 12G. Resolution authorizing the Mayor to execute an agreement with Western Arkansas Planning and Development District to provide E911 services for the River Valley Communications Center ($75,000.00 / Budgeted / RVCC - E911 Funds) (Public Safety Communications) 12H. Resolution authorizing the Mayor to execute an agreement with Beshears Construction, Inc. to provide construction management services for the River Valley Communications Center Project (Public Safety Communications) OFFICIALS FORUM - presentation of information requiring no official action • Mayor • Directors • City Administrator EXECUTIVE SESSION Appointments: Historic District Commission (1) Parks and Recreation Commission (1) Performance evaluation - Acting City Administrator ~ Requested at the June 3, 2025 regular meeting; Rego/Kemp placed on agenda at the August 12, 2025 study session ~ ADJOURN ♦ Future Fort Smith Item ​● Consent Decree Item August 19, 2025 Regular Meeting 3  1 MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors FROM: Jeff Dingman, Acting City Administrator DATE: August 13, 2025 SUBJECT: Tax Back Resolution on behalf of Project Synergy SUMMARY The City has received a request from the Arkansas Economic Development Commission and the Fort Smith Regional Chamber of Commerce for participation in the state “Tax Back” program authorized by the Consolidated Incentive Act of 2003 on behalf of Project Synergy. This program allows for new or expanding businesses to request refunds of sales taxes paid on building materials, new equipment and other eligible expenses incurred due to construction and/or expansion.The actual name of the company will be announced publicly the day of the meeting, and the actual name will be provided before the Board considers this item. The current request is on behalf of Project Synergy, including all current and future subsidiaries, who plans to invest $5.56 million in building modifications and equipment for a new assembly line in its current facility in Fort Smith. Its current workforce of 272 positions will be expanded with 63 new jobs at an average wage of $25.00 per hour. The Tax Back program is a state and local sales tax refund incentive to attract business growth or expansion to Arkansas. The incentive applies to capital purchases associated with construction of new facilities or expansion of existing facilities (such as business equipment or building materials) and does not apply to ongoing purchases. The majority of the incentive will be derived from the state sales tax rate. However, in order to participate in the program, the local governments must also agree to the sales tax refund. Attached is a resolution supporting the participation of Project Synergy in the “Tax Back” program, and the staff recommends approval. The resolution is effective immediately upon approval. This action supports the board’s stated goal of pursuing economic development and job creation. By helping to grow the employment base in the city and retain one of our significant employment anchors, this action supports Goal ED-3 of the FFS Comprehensive Plan. Please contact me if you have questions about this agenda item. ATTACHMENTS 1. 20250715_Resolution_-_Company_Name_Placeholder_Tax_Back (1).pdf Board of Directors Staff Report August 19, 2025 4  1 Tax Back Resolution RESOLUTION No. _________ RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE IN THE TAX BACK PROGRAM (AS AUTHORIZED BY SECTION 15-4- 2706(d) OF THE CONSOLIDATED INCENTIVE ACT OF 2003). WHEREAS, in order to be considered for participation in the Tax Back Program, the local government must endorse a business to participate in the Tax Back Program; and WHEREAS, the local government must authorize the refund of local sales and use taxes as provided in the Consolidated Incentive Act of 2003; and WHEREAS, said endorsement must be made on specific form available from the Arkansas Economic Development Commission; and WHEREAS, Project Synergy. has sought to participate in the program and more specifically has requested benefits accruing from construction and/or expansion at its facility located in Fort Smith, Arkansas; and WHEREAS, Project Synergy has agreed to furnish the local government all necessary information for compliance. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: 1. Project Synergy, and its current and future subsidiaries, be endorsed by the Board of Directors of the City of Fort Smith for benefits from the sales & use tax refunds as provided by Section 15-4-2706(d) of the Consolidated Incentive Act of 2003. 2. The Department of Finance and Administration is authorized to refund local sales and use taxes to Project Synergy. 3. This resolution shall take effect immediately. ____________________________________ Mayor Date Passed: ______________________ Attest: ______________________ City Clerk Approved as to Form ___________________________ City Attorney 5  2 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Chris Hoover, Grants & Government Relations Manager DATE: August 12, 2025 SUBJECT: Resolution Supporting the Fort Smith National Historic Site SUMMARY On May 2, 2025 the Office of Management and Budget, which is under the Executive Office of the President of the United States, sent over to Congress President Trump’s recommendations on discretionary funding levels for fiscal year (FY) 2026. Within these recommendations the President has proposed significant cuts to the Department of the Interior (DOI) and specifically operation of the National Park System (NPS). Furthermore, it is also being proposed that many NPS operated sites should be categorized and managed as State- level parks. The resolution before the Board of Directors this evening calls for the protection and increase of funding for the Fort Smith National Historic Site and for its operation to be continued under the NPS as a site of national historic significance. ATTACHMENTS 1. 8-19-25_Item_ID_2051_Resolution.pdf 2. Passed ITC Resolution 25-11.pdf 3. Rep Womack Response FSNHS.pdf 4. Rep. Westerman Repsonse FSNHS.pdf 5. Senator Boozman Response FSNHS.pdf 6. NPS Defense Letter Boozman.pdf 7. NPS Defense Letter Womack.pdf 8. NPS Defense Letter_Cotton.pdf 9. NPS Defense Letter_Westerman.pdf Board of Directors Staff Report August 19, 2025 6  2 RESOLUTION NO._____ A RESOLUTION SUPPORTING THE FORT SMITH NATIONAL HISTORIC SITE WHEREAS, the military outpost Fort Smith was established on December 25, 1817 by the United States Army to help reduce conflicts over land and resources between the Osage and Cherokee tribes resulting from the U.S. government’s Native American removal policies; and WHEREAS, the Indian Removal Act of 1830 forcibly relocated from the southeast United States Native American tribes who traveled the Trail of Tears through Fort Smith which was an entry point to what became Indian Territory; and WHEREAS, as a stop on the Trail of Tears and due to the westward expansion of the United States, Fort Smith became a critical location for rest, resources, and growth, which led to the incorporation of the City of Fort Smith in 1842; and WHEREAS, as a gateway to the wild west, Fort Smith became a seat of the United States judicial system where Judge Isaac C. Parker and U.S. Marshals such as Bass Reeves enforced law and order and protected the peace; and WHEREAS, the United States Congress designated the military outpost Fort Smith as a unit of the National Park Service on September 13, 1961, with the purpose to preserve and interpret the significant history of Fort Smith and its role in the expansion of the American frontier, law enforcement, and justice in the 19th century; and WHEREAS, now known as the Fort Smith National Historic Site, this landmark preserves the histories of Fort Smith, sovereign Tribal Nations, the United States Marshals Service, and the U.S. Judicial System, bringing hundreds of thousands of visitors and contributing significantly to the local economy and growth of Fort Smith; and WHEREAS, the City of Fort Smith recognizes that on July 11, 2025, the Inter‐Tribal Council of the Five Civilized Tribes unanimously passed Resolution No. 25‐11 which was A Resolution Supporting Continuation of and Funding for the Fort Smith National Historic Site; and WHEREAS, the City of Fort Smith opposes any appropriations or budget reconciliation measures that reduce funding for the National Park Service and threaten to diminish the importance of the Fort Smith Historic Site. Reductions in funding would jeopardize the interpretive services that educate the public about this critical history and would weaken the agency’s ability to serve as a living bridge between past and present. 7  NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS THAT: The City of Fort Smith fully supports continuance of the Fort Smith National Historic Site under operation of the U.S. Department of the Interior and National Park Service as a location of national economic and historical significance to the City of Fort Smith, the states of Arkansas and Oklahoma, sovereign Tribal Nations, and the United States of America. BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS THAT: The City of Fort Smith supports continued and increased funding for the National Park Service, specifically to the Fort Smith National Historic Site, for educational programming, site preservation, and operations. This Resolution adopted this _____day of _______________, 2025. APPROVED: __________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to form: __________________ City Attorney 8 9 10 11  June 9, 2025 The Honorable George B. McGill Mayor City of Fort Smith 623 Garrison Ave. Fort Smith, AR 72902 Dear Mayor McGill, Thank you for reaching out to share your concerns regarding the continued funding and protection of the Fort Smith National Historic Site. Like hundreds of other sites across the National Park System, the Fort Smith National Historic Site plays a vital role supporting the local economy and telling the unique stories that define our great nation. Community leaders like yourself are integral to ensuring these treasures remain accessible for future generations of Americans. While the President’s budget proposal is an important piece of the budget process that reflects the administration’s priorities, Congress ultimately appropriates money to agencies like the National Park Service. In my role as Chairman of the Natural Resources Committee, I plan on continuing to work closely with my colleagues and the Trump Administration to ensure our parks have the resources they need to provide the highest levels of visitor services. Thank you again for writing, and for your continued leadership in protecting one of Arkansas’s treasured landmarks. Sincerely, 12 13 14 15 16 17 18 19 20 21  3 MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors FROM: Jerff Dingman, Acting City Administrator DATE: August 14, 2025 SUBJECT: Resolution of assignment related to Owens Corning Industrial Revenue Bonds SUMMARY Included on the August 19 regular meeting is a resolution submitted by bond counsel that confirms the city's consent to the assignment of the lease agreement between the City of Fort Smith and Owens Corning. This relates to the 2023 Industrial Revenue Bonds for the Owens Corning facility. The Resolution authorizes consent to the assignment of the bond lease to a different corporate subsidiary of Owens Corning. Christina Stage, the plant leader for Owens Corning, is expected to attend the August 19 meeting to answer any questions from Directors about plant operations. Please let me know if you have questions related to this agenda item. ATTACHMENTS 1. 8-19-25 ITEM 2058 Resolution - Owens Corning Lease Assignment.pdf Board of Directors Staff Report August 19, 2025 22  3 RESOLUTION NO. ______ A RESOLUTION CONSENTING TO THE ASSIGNMENTS OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF FORT SMITH AND OWENS CORNING COMPOSITE MATERIALS, LLC, DATED AS OF DECEMBER 1, 2023; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the City of Fort Smith, Arkansas (the "City") and Owens Corning Composite Materials, LLC (the "Lessee") are parties to a Lease Agreement dated as of December 1, 2023 (the "Lease"); and WHEREAS, the Lease was entered into in connection with the issuance by the City of its Taxable Industrial Development Revenue Bond (Owens Corning Project), Series 2023 (the "Bond"); and WHEREAS, Bond financed the construction of a manufacturing facility, together with related machinery, equipment and other personal property, located at 5401 Excelsior Drive in the City and machinery, equipment and other personal property in connection with an expansion of the manufacturing facility located at 5520 Planters Road in the City (collectively, the "Plants"); and WHEREAS, Owens Corning, a Delaware corporation ("OC"), is the parent company of the Lessee; and WHEREAS, in connection with a planned reorganization of OC's composite fiberglass business, subject to customary regulatory approvals and closing conditions, the Lessee intends to assign the Lease to OC, immediately following which OC will assign the Lease to its wholly-owned subsidiary, Owens Corning Composite Materials II, LLC, a Delaware limited liability company (the "Successor Lessee"); and WHEREAS, Lessee has requested the City to consent to the assignments of the Lease (the "Assignments") and to the release of the Lessee from all of its obligations under the Lease, upon the assumption by the Successor Lessee of all of Lessee's obligations under the Lease; and WHEREAS, following the Assignments, the Successor Lessee plans to continue to operate the Plants which provide substantial employment and payrolls, thereby alleviating unemployment and otherwise benefiting the public health, safety and welfare of the City and the inhabitants thereof; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas: 23  Section 1. The City hereby approves the Assignments and the release of the Lessee on the following conditions: consent is given by Regions Bank, as trustee, under the Trust Indenture securing the Bond, consent is given by the owner of the Bond, the Successor Lessee qualifies to do business in the State of Arkansas and the Successor Lessee assumes in writing all of the obligations of the Lessee under the Lease and under the Agreement for Payments in lieu of Taxes, dated as of December 1, 2023 between the City and the Lessee. Section 2. The Mayor, his signature being attested by the City Clerk, is hereby authorized and directed to execute such written consent and other writings as necessary to evidence the City's consent to the assignments and the release of the Lessee in accordance with the provisions of this Resolution. This Resolution passed this ________ day of _________, 2025. APPROVED: ATTEST: By: ______________________________ Mayor ________________________________ City Clerk (SEAL) 2 24  CERTIFICATE The undersigned, City Clerk of the City of Fort Smith, Arkansas (the "City"), hereby certifies that the foregoing is a true and compared copy of a resolution passed at a regular session of the Board of Directors of the City, held at the regular meeting place of the Board at 6:00 o'clock p.m. on the ________ day of _________, 2025. _______________________________ City Clerk (SEAL) 3 25  4 MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Maggie Rice, Deputy City Administrator DATE: August 8, 2025 SUBJECT: Public Hearing - Proposed Annexation of Highway 271 and Texas Road SUMMARY As Fort Smith has grown and expanded its incorporated area several unincorporated enclaves remain. Historically, the City has annexed land at the request of property owners, not as a direct action of the City. As a result, some lands were not annexed, including some that are surrounded on all sides by the city limits. One of the enclaves is in the area of Highway 271 and Texas Road as shown on Exhibit A. This enclave is 45 acres and has 20 parcels: 9 residential and 11 non-residential. When a city’s incorporated areas completely surround an unincorporated area Arkansas Code allows for that property to be annexed by city ordinance. The Arkansas legislature adopted Act 314 abolishing Extraterritorial Jurisdictions. In the absence of an ETJ, the city no longer exercises land use control over the enclaves. On July 8, 2025, the Board passed a resolution setting a public hearing on the matter of this annexation for August 19 th. In compliance with State law, staff published the legal description of the area to be annexed as well as mailed certified letters to the owners of all 20 parcels within the enclave notifying them of the public hearing and their right to present their views on the proposed annexation. City staff hosted a public input session for property owners within the area proposed for annexation. The meeting was attended by approximately ten property owners. In addition, staff met with several property owners individually to answer questions and explain the process. An attendance list and summary are included as Exhibit B. Below is a description of benefits and impacts to property owners regarding annexation: BENEFITS OF ANNEXATION TO PROPERTY OWNERS Fort Smith Police Department and Fort Smith Fire Department will be the first responders. Access to all city services. Properties would be allowed to connect to the city sewer system if it is accessible to their property. Water rates would decrease to inside city limit rates. Insurance savings because of the ISO rating of the fire departments. Rye Hill / White Bluff Fire Department has an ISO rating of 4 while Fort Smith Fire Department has a Board of Directors Staff Report August 19, 2025 26  rating of 1. Additionally, property owners would no longer be required to pay annual dues to Rye Hill/White Bluff, and Rye Hill/White Bluff service area would be reduced. Citizens of Fort Smith get a free library card. Otherwise, it is $35.00. Residential properties will utilize City of Fort Smith Solid Waste Services. This includes recycling, Dial-a-truck, access to free landfill days, city-wide cleanups, etc. Property owners can be assured that all existing and proposed development will be managed to the benefit of all property owners which also insures good planning for streets and utilities. All streets not already in the City’s Street improvement program will be included in future street evaluations for the street CIP program. Improvement of and regular maintenance of ditches and storm drainage facilities. IMPACTS OF ANNEXATION ON PROPERTY OWNERS: All real and personal property will be subject to an 8 mill increase in property taxes. The additional 8 mills are distributed as follows: Fire - 1 mill; Police - 1 mill; Library - 1 mill; and City General Government - 5 mills. Sales tax will increase to 9.5% to include the additional 2% levied by the city. All persons and properties will be subject to all codes and ordinances of the City of Fort Smith including animal ordinances as well as property maintenance codes. The discharge of firearms is not permitted. As you have questions, please do not hesitate to ask. ATTACHMENTS 1. Public Hearing Backup.pdf Board of Directors Staff Report August 19, 2025 27  EXHIBIT A Proposed Annexation Area 6/25/2025, 3:18:41 PM 1:14,246 0 0.1 0.2 0.4 mi 0 0.15 0.3 0.6 km Map data © OpenStreetMap contributors, Microsoft, Facebook, Google, Esri Community Maps contributors, Map layer by Esri City of Fort Smith 28 Exhibit B Summary of Public Input Session on Proposed Highway 271 and Texas Road Annexation June 23, 2025 Cavanaugh Elementary Tornado Shelter, 1025 School Street City staff hosted an annexation public input meeting on June 23, 2025, at the storm shelter of Cavanaugh Elementary School, 1025 School Street. Property owners within the area proposed for annexation attended the meetings with questions regarding land use, building permits, sales tax, water and sewer availability, burning on private property, keeping of chickens, and emergency services. Representative from Police, Fire, Utilities, Planning, and Building Services were present to answer questions and provide clarity. 29 30  5 MEMORANDUM TO: Honorable Mayor and Member of the Board of Directors FROM: Jeff Dingman, Acting City Administrator DATE: August 11, 2025 SUBJECT: Options regarding Fort Smith Cemeteries, Inc. SUMMARY At the July 15, 2025, study session, the Board of Directors requested options regarding perpetual care of Forest Park, Rose Lawn, Holy Cross, and Washington Cemeteries. Below is a summary: Rose Lawn Approximately 10 5720 Wilson Road Cemetery acres in size Holy Cross Approximately 50 5403 North O Street Cemetery acres in size Forest Park Approximately 35 5001 Midland Blvd Cemetery acres in size Washington East side of North 54 th Street, Approximately 10 Cemetery between Johnson Street and acres in size Virginia Avenue For comparison: Approximately 30 1401 S Greenwood Avenue Oak Cemetery acres in size At present, outside of any private entity stepping in, staff identified three options for the Board to consider. The first option is to continue to utilize Neighborhood Services to abate the code violations through their regular code enforcement process. This does provide the mechanism for paying a contractor to mow the properties, but results in substantial liens on the property that we are reasonably certain will remain unpaid. To date, Fort Smith Cemeteries, Inc. has $85,907 in unpaid liens from 2023 and 2024. These liens should be accounted for, either paid by the property owner or waived/forgiven by the city through official action. A second option is for the city to lease the cemeteries. Theoretically, the city could then choose to contract with Fort Smith Cemeteries, Inc. to administer and operate the cemetery function while the city would maintain/improve the landscape, roads and other infrastructure. However, the city attorney advises that a lease whereby the city does not get the benefit of the revenues from city operations seems problematic when considering the constitutional provisions that preclude spending public funds on private property. Board of Directors Staff Report August 19, 2025 31  The third option is for the city to acquire ownership of the four cemeteries and take on the complete operation and management of the properties including regular maintenance, infrastructure improvements, and all cemetery operations. The consideration for the purchase price could be the forgiveness of the accrued & unpaid liens currently held against the properties. This option would also afford the city the opportunity to advocate for legislative change related to the perpetual care funds held in trust for what would be “previously” private- owned cemeteries. City ownership & care should preclude the need for continuation of these perpetual care trusts. At the July 15 study session, the representatives from Fort Smith Cemeteries, Inc. alluded to outstanding debt incurred by the organization’s previous chairman. Regardless of what happens here, that debt will remain the obligation of Fort Smith Cemeteries, Inc. and will not be assumed by the city. Enclosed within your packet is a detailed budget including $961,550.00 of initial start-up expenses with an annual increase to the existing cemetery budget of $1,249,413.00 to staff, operate and maintain the additional four cemeteries. For your information, staffing Oak Cemetery has been difficult and recruiting the additional staff for increased cemetery operations may be problematic. This proposed budget is relevant to both options two and three, neither of which are particularly desirable due to the financial impact on the city’s general fund budget. There are some offsetting revenues from plot sales and interment services, but they are not projected to cover the operating expenses. As option three (city ownership) is cleaner, more straightforward, and provides for the sustainable operation of the cemeteries, staff deems city ownership to be the best of the three options presented. Presented for the Board’s consideration is a resolution indicating the Board’s intent to acquire ownership of the four cemeteries in question from Fort Smith Cemeteries, Inc. and authorizing and directing the city administrator and city attorney to accomplish said ownership. This process would generate further items for Board consideration and approval at a future meeting. Please contact me if you have questions on this agenda item. ATTACHMENTS 1. 20250814_Resolution Intent to Acquire Cemeteries.pdf 2. Cemetery Backup.pdf Board of Directors Staff Report August 19, 2025 32  5 RESOLUTION NO. ________ RESOLUTION OF INTENT TO ACQUIRE ADDITIONAL CEMETERY PROPERTY ___________________________________________________________________________________ WHEREAS, Fort Smith Cemeteries, Inc. is the owner of Rose Lawn Cemetery, Holy Cross Cemetery, Forest Park Cemetery, and Washington Cemetery (collectively “Cemeteries”) located within Fort Smith; WHEREAS, the City, through its Neighborhood Services Department, has routinely abated code violations on the properties of the Cemeteries since 2023; and, WHEREAS, to protect the health, safety and welfare of the inhabitants of Fort Smith, the City desires to acquire the Cemeteries from Fort Smith Cemeteries, Inc. BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas, that: Section 1: It is the intent of the City to acquire Rose Lawn Cemetery, Holy Cross Cemetery, Forest Park Cemetery, and Washington Cemetery from Fort Smith Cemeteries, Inc. Section 2: The City Administrator is hereby authorized to engage in discussions with representatives of Fort Smith Cemeteries, Inc. regarding the potential acquisition of the Cemeteries by the City. Section 3: Any proposed agreement to acquire the Cemeteries is subject to the review and approval by the Board of Directors. This Resolution adopted this _____ day of August, 2025. ____________________________ Mayor ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: ______________________________ City Attorney 33  ESTIMATED PERSONNEL BUDGET ROSELAWN & HOLY CROSS, FOREST PARK, & WASHINGTON CEMETERIES Administration Grade FTE Salary Package Cemetery Supervisor Oversee operations of all cemeteries (4) 40 1 $ 78,008 Accounting Technician Records, deeds, payments, etc. 35 1 $ 64,782 2 $ 142,790 *Note: The City Clerk's Office currently maintains all records for Oak Cemetery. This also includes handling all transactions for plot/niche purchases and opening/closing fees. Assuming responsibility of three (3) additional cemeteries will require an additional staff member in either the City Clerk's office or the creation of e a dedicated cemetery administrative office. Forest Park Cemetery (34.8 acres) Grade FTE Salary Package Sexton Internments, direct work, grounds, etc. 34 1 $ 62,382 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Seasonal Laborer Grounds maintenance 30 2.5 $ 87,767 6.5 $ 322,821 Roselawn & Holy Cross Cemetery (61.2 acres) Grade FTE Salary Package Sexton Internments, direct work, grounds, etc. 34 1 $ 62,382 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Maintenance Person Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Seasonal Laborer Grounds maintenance 30 1.5 $ 52,660 7.5 $ 402,830 Washington Cemetery (10.6 acres) Grade FTE Salary Package Maintenance Person* Maintenance - grounds, headstones, etc. 32 1 $ 57,558 Seasonal Laborer Grounds maintenance 30 0.5 $ 17,554 1.5 $ 75,111 *Note: The full-time Maintenance Person will be stationed at Roselawn & Holy Cross Cemetery, but will spend approximately two (2) days a week at Washington Cemetery Late Spring through Mid-Fall. Summary of Personnel Grade FTE Budget Cemetery Supervisor Oversee operations of all cemeteries (4) 40 1 $ 78,008 34 Accounting Technician Records, deeds, payments, etc. 35 1 $ 64,782 Sexton Internments, direct work, grounds, etc. 34 2 $ 124,764 Maintenance Person Maintenance - grounds, headstones, etc. 32 9 $ 518,018 Seasonal Laborer Grounds maintenance 30 4.5 $ 394,952 17.50 $ 1,180,523 35  ESTIMATED OPERATING BUDGET ROSELAWN & HOLY CROSS, FOREST PARK, & WASHINGTON CEMETERIES Forest Park Cemetery (33.8 acres) Object Code Account Description Expense Detail Budget 520200 Outside Services Pest control 300 527100 Maintenance - Buildings Resetting headstone, building repair 500 527200 Maintenance - Equipment Repair of mowers, weedeaters, vehicles, etc. 3,000 527400 Property Insurance Equipment and buildings 1,500 527500 Small Equipment Hand tools, replacement weedeaters, chains, etc. 1,600 527600 Materials Fill dirt, weed control, sod, growth inhibitor, etc. 7,500 527750 Custodial Equipment and Supplies Toilet paper, soap, Gatorade 300 527800 Uniform/Clothing 4 FT staff, hats, boots, rain jacket, safety vests, etc. 2,540 528500 Fuel and Lubricant Fuel for vehicles and equipment 1,500 530100 Utilities Maintenance building 3,250 542100 Communications Cellphone for Sexton 600 22,590 Roselawn & Holy Cross Cemetery (61.2 acres) Object Code Account Description Expense Detail Budget 520200 Outside Services Pest control 300 527100 Maintenance - Buildings Resetting headstones, building repair 1,000 527200 Maintenance - Equipment Repair of mowers, weedeaters, vehicles, etc. 4,500 527400 Property Insurance Equipment and buildings 2,000 527500 Small Equipment Hand tools, replacement weedeaters, chains, etc. 2,000 527600 Materials Fill dirt, weed control, sod, growth inhibitor, etc. 15,000 527750 Custodial Equipment and Supplies Toilet paper, soap, Gatorade 500 527800 Uniform/Clothing 6 FT staff, hats, boots, rain jacket, safety vests, etc. 5,000 528500 Fuel and Lubricant Fuel for vehicles and equipment 2,500 530100 Utilities Maintenance building 3,250 542100 Communications Cellphone for Sexton and Cemetery Manager 1,000 37,050 Washington Cemetery (10.6 acres) Object Code Account Description Budget 527100 Maintenance - Buildings Resetting headstones, fencing 500 527200 Maintenance - Equipment Repair of mowers, weedeaters, vehicles, etc. 500 527500 Small Equipment Hand tools, replacement weedeaters, chains, etc. 500 36 527600 Materials Fill dirt, weed control, sod, growth inhibitor, etc. 1,000 527800 Uniform/Clothing 1 FT staff, hats, boots, rain jacket, safety vests, etc. 750 528500 Fuel and Lubricant Fuel for equipment 500 3,750 37 Summary of Operating Costs Object Code Account Description Expense Detail Budget 520200 Outside Services Pest control 600 527100 Maintenance - Buildings Resetting headstone, building repair 2,000 527200 Maintenance - Equipment Repair of mowers, weedeaters, vehicles, etc. 8,000 527400 Property Insurance Equipment and buildings 3,500 527500 Small Equipment Hand tools, replacement weedeaters, chains, etc. 4,100 527600 Materials Fill dirt, weed control, sod, etc. 23,500 527750 Custodial Equipment and Supplies Toilet paper, soap, Gatorade 800 527800 Uniform/Clothing 8 FT staff, hats, boots, rain jacket, safety vests, etc. 8,290 528500 Fuel and Lubricant Fuel for vehicles and equipment 4,500 530100 Utilities Maintenance building/office 6,500 542100 Communications Cellphones for Sexton (2) and Cemetery Manager 1,600 63,390 38  ESTIMATED START-UP COSTS ROSELAWN & HOLY CROSS, FOREST PARK, & WASHINGTON CEMETERIES Item Qty Unit Cost Budget Location Truck w/Dump Bed 1 80,000 80,000 Shared Use Standard Work Truck 1 70,000 70,000 Cemetery Supervisor Backhoe 1 120,000 120,000 Shared Use Mini-Excavator w/buckets 2 70,000 140,000 Shared Use Small Tractor 2 25,000 50,000 R&HC (1), FP (1) Equipment Trailer 1 15,000 15,000 Shared Use Kubota 3 22,000 66,000 R&HC (2), FP (1) Zero-Turn Mower (72") 6 24,000 144,000 R&HC (3), FP/W (3) Zero-Turn Mower (60") 3 23,000 69,000 R&HC (2), FP/W (1) Weedeater (Straight) 12 450 5,400 R&HC (7), FP/W (5) Backpack Blower 6 650 3,900 R&HC (4), FP/W (2) Chainsaw 2 750 1,500 R&HC (1), FP/W (1) Pole Saw 2 750 1,500 R&HC (1), FP/W (1) Office/Equipment Building* 1 150,000 150,000 FP Security Cameras 2 20,000 40,000 R&HC (1), FP (1) Work Station (computer, phone, etc.) 3 1,750 5,250 R&HC (2), FP (1) 961,550 R&HC - Roselawn & Holy Cross Cemetery FP - Forest Park Cemetery W - Washington Cemetery *The cost for the office/maintenance buildiing is based on waiver of the UDO requirements for 51% high-quality materials. 39  ESTIMATED BUDGET ROSELAWN & HOLY CROSS, FOREST PARK, & WASHINGTON CEMETERIES Initial Ongoing Object Code Account Description Budget Budget Personnel Multiple Combined Salaries 1,180,523 1,180,523 501000 Overtime 3,000 3,000 516000 Medical Screenings 2,500 2,500 1,186,023 1,186,023 Operating 520200 Outside Services 600 600 527100 Maintenance - Buildings 2,000 2,000 527200 Maintenance - Equipment 8,000 8,000 527400 Property Insurance 3,500 3,500 527500 Small Equipment 4,100 4,100 527600 Materials 23,500 23,500 527750 Custodial Equipment and Supplies 800 800 527800 Uniform/Clothing 8,290 8,290 528500 Fuel and Lubricant 4,500 4,500 530100 Utilities* 6,500 6,500 542100 Communications 1,600 1,600 63,390 63,390 Initial Start-Up Costs 527500 Small Equipment 72,550 - 531100 Cap Outlay - Vehicles 150,000 - 531600 Cap Outlay - Other Equipment 589,000 - Cap Outlay - Buildings 150,000 - 961,550 - 2,210,963 1,249,413 SCHEDULE OF PERSONNEL PAY GRADE FTE Cemetery Supervisor 40 1 Accounting Technician 35 1 Sexton 34 2 Maintenance Person 32 9 Seasonal Laborer 30 4.5 EMPLOYEE POSITIONS 17.5 40  ESTIMATED COMBINED CEMETERY BUDGET OAK, ROSELAWN & HOLYCROSS, FOREST PARK, AND WASHINGTON CEMETERIES Object FY25 Est. All Percent Dollar Code Account Description Budget* Cemeteries Increase Increase Personnel 500000s Combined Salaries 172,601 1,353,124 684.0% 1,180,523 501000 Overtime 800 3,800 375.0% 3,000 516000 Medical Screenings 500 3,000 500.0% 2,500 Personnel Total 173,901 1,359,924 682.0% 1,186,023 Operating 520200 Outside Services 300 900 200% 600 527100 Maintenance - Buildings 4,750 6,750 42% 2,000 527200 Maintenance - Equipment 3,000 11,000 267% 8,000 527400 Property Insurance 1,910 5,410 183% 3,500 527500 Small Equipment 1,600 5,700 256% 4,100 527600 Materials 8,000 31,500 294% 23,500 527700 Office Supplies 100 100 0% - 527750 Custodial Equipment and Supplies 300 1,100 267% 800 527800 Uniform/Clothing 2,540 10,830 326% 8,290 528500 Fuel and Lubricant 1,410 5,910 319% 4,500 530100 Utilities 3,250 9,750 200% 6,500 542100 Communications 600 2,200 267% 1,600 Operating Total 27,760 91,150 228.4% 63,390 201,661 1,451,074 619.6% 1,249,413 *One-time expenses (eg. security cameras) were removed from the FY25 Adopted Budget. SCHEDULE OF PERSONNEL PAY GRADE CURRENT COMBINED INCREASE Cemetery Supervisor 40 0 1 1 Accounting Technician 35 0 1 1 Sexton 34 1 3 2 Maintenance Person 32 2 11 9 Seasonal Laborer 30 1 6 5 EMPLOYEE POSITIONS 4 21.5 17.5 41 Summary provided by Fort Smith Cemeteries Fort Smith Cemetery Financial Summary 6 months Income 2023 2024 2025 Notes Contributions $ 23,500 $ 24,330 $ 27,120 Private donations - No affiliations City Funding $ 72,000 $ 77,000 $ - No funding for 2025 Trust Distribution $ 12,500 $ 12,750 $ 20,802 Insufficient to serve purpose Burial Services $ 135,150 $ 172,775 $ 63,500 Steady but down in 2025 Plot Sales - net $ 67,609 $ 80,150 $ 28,663 Steady but down in 2025 Total Revenue $ 310,759 $ 367,005 $ 140,085 Expenses Labor $ 81,350 $ 156,940 $ 80,449 Increased Labor in 2024 to desired level. Reduced for survival in 2025 Grave Services $ 36,200 $ 46,335 $ 16,900 Outsourced backhoe operator. External Lawncare $ 72,000 $ 77,000 $ - Canceled services in 2025. Property conditions declining. General, Admin $ 101,253 $ 56,696 $ 25,727 Operating at extreme minimum. Total Expenses $ 290,803 $ 336,971 $ 123,076 Net Income (Expense) $ 19,956 $ 30,034 $ 17,009 Assets and Liabilities 1. 85 acres of land - Large portions available for future use 2. Roselawn is in improved condition. Forrest Park is in need of improvements 3. Perpetual Care Trust has approximately $600,000 balance 4. Debt to First Security is approximately $600,000 (non-performing) 42  &HPHWHU\3UR[LPLW\0DS )RUHVW3DUN :DVKLQJWRQ +RO\&URVV 5RVH/DZQ 30      PL     NP 0DS GDWD ‹ 2SHQ6WUHHW0DS FRQWULEXWRUV 0LFURVRIW )DFHERRN *RRJOH (VUL &RPPXQLW\ 0DSV FRQWULEXWRUV 0DSOD\HUE\(VUL 43  6 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: July 7, 2025 SUBJECT: Phase One of Project Development Agreement with AMERESCO, Inc. for an Investment Grade Audit (IGA) SUMMARY A presentation was made to the Board at the June 24, 2025 Study Session for a proposed Advanced Metering Infrastructure (AMI) project for Water Utilities by AMERESCO, Inc. From that discussion, the Board directed staff to bring the Phase One portion of the project development agreement to the Board for consideration, and such was presented at the July 22 regular meeting, where it was tabled to the August 19 meeting. Phase One of the project authorizes AMERESCO, Inc. to perform an Investment Grade Audit (IGA) to analyze the city's existing water meter inventory database, focusing on meter consumption, sizes and types of meters. From this analysis AMERESCO will calculate potential revenue effects based on the level of accuracy from the tested meters and the accuracy guaranteed by the manufacturer for that meter class. AMERESCO will also evaluate the financial effects of the system rehabilitation and automation and with support of City staff, determine potential operational efficiencies and cost savings. A full copy of the scope for this audit is included in your packet as Schedule A. Phase One of the project is expected to be complete within 3-5 months once the data request is received and the meters ordered for testing are on site. When Phase One is complete, a presentation of the findings will be brought to the Board for discussion to determine if the Board desires to move forward with Phase Two of the project. A real benefit of this project will be the concept of realizing funding specific to this infrastructure upgrade project. If the analysis from Phase One shows it is feasible, increased revenue from improving the overall accuracy of the city's water meters should fund this upgrade over a finite period of years. It has been mentioned we could potentially replace the meters ourselves over a period of time, while true, that will require identifying additional funding up front. With the infrastructure needs facing our water system in the foreseeable future, staff recommendation would be to use this concept presented by AMERESCO to fund water meter replacement, and use any additional funding we can find through efficiencies, rate revenues, or otherwise to fund other needed infrastructure improvements. Board of Directors Staff Report August 19, 2025 44  This project aligns with the goals of the comprehensive plan policy TI-5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 7-22-2025_Item_ID_1976_Resolution.pdf 2. 8-19-25 Item ID 2036 Attachment Utilities.pdf FISCAL IMPACT: $125,000.00 BUDGET INFORMATION: Budgeted / Water Utilities - 6505 Capital Improvement Fund Board of Directors Staff Report August 19, 2025 45  6 RESOLUTION NO. ___________ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROJECT DEVELOPMENT AGREEMENT WITH AMERESCO, INCORPORATED TO PERFORM AN INVESTMENT GRADE AUDIT ON WATER METERS, PROJECT NO. 25-03-ES1 BE IT RESOLVED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: Phase One of the Project Development Agreement to perform an investment grade audit for the Advanced Metering Infrastructure (AMI) System and Water Loss Optimization Project, Project No. 25-03-ES1, is hereby approved. SECTION 2: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute a Project Development Agreement for professional services in the amount of $125,000.00 and for a period of 180 days, for performing said services. THIS RESOLUTION ADOPTED THIS DAY OF , 2025. APPROVED: ___________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: ___________________________ No Publication Required 46 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 PROJECT DEVELOPMENT AGREEMENT THIS PROJECT DEVELOPMENT AGREEMENT (the “Audit Agreement”) is entered into as of the _____ day of _________, 2025 (the “Effective Date”) by and between the City of Fort Smith, AR whose principal offices are located at 623 Garrison Avenue, Fort Smith, AR 72903 (the “Owner”) and Ameresco, Inc., with an address of 202 S Live Oak Street, Suite B, Tomball, Texas 77375 (“Ameresco”). Ameresco and Owner are also referred to individually as “Party” and collectively as the “Parties”. Whereas, the Owner desires that Ameresco perform an Investment Grade Audit (“IGA”) (as hereinafter defined) with respect to its water meters as described in Schedule A; Whereas, the Owner has selected Ameresco to provide the scope of services in accordance with Arkansas Code Ann 19-11-1201 and Owner’s Request for Qualifications for Energy Savings Performance Contract titled “Implementation of Guaranteed Revenue Enhancement and Cost Reduction Solutions using an Advanced Metering Infrastructure (AMI) System and Water Loss Optimization Project for the City of Fort Smith”. Whereas, performance of the IGA constitutes the first phase (“Phase 1”) of a utility meter and water infrastructure upgrade project (the “Project”). Whereas, if Ameresco is directed by the Owner to proceed with the implementation of the recommendations following the IGA, the second phase of the Project (“Phase 2”) will consist of the design and installation of associated infrastructure upgrades as set forth in the Contract (defined below). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and Ameresco agree as follows. ARTICLE 1 PHASES OF PROJECT 1.1 Phase I -- Investment Grade Audit. (a) After execution of this Audit Agreement, Ameresco will conduct an IGA as more particularly set forth in Schedule A. As used in this Audit Agreement, “IGA” means a process including (i) the collection of data related to the use and operation of the premises at which the meter is installed (“Premises”), observations of the Premises, determination of base year energy and/or water consumption and/or water billings, financial analysis of the cost and benefit of the evaluated systems to be upgraded at the Premises, determination of potential increases in water and sewer billings, reduction of utility cost, and operational and maintenance benefits, and (ii) the preparation of a detailed Investment Grade Audit Report (“IGA Report”), which presents current energy and water consumption at the Premises, recommendations for utility efficient equipment upgrades, energy conservation measures, water meter revenue enhancements, and a detailed analysis of implementation costs, anticipated project benefits resulting from such improvements and assumptions upon which the projected benefits are based. The IGA Report is intended to provide the Owner with the information necessary for the evaluation of the costs and benefits of proceeding with Phase 2 of the Project. (b) Should Ameresco determine, in its sole discretion, at any time before the completion of the IGA Report that the anticipated project benefits cannot be achieved at the Premises, Ameresco will provide written notice to Owner and cease all further IGA activities, in which case Owner will not be charged for any IGA activities performed by Ameresco. 1.2 Phase 2 – Implementation. (a) Owner acknowledges that the breakage fee for the IGA is $125,000.00 (One hundred twenty-five thousand dollars and no cents) (“IGA Breakage Fee”). If the Owner decides to proceed with the design and implementation of any projects described in the IGA Report, the Parties shall execute a mutually acceptable Implementation Contract (the “Contract”). If the Parties enter into a Contract which includes the scope of work Project Development Agreement Page 1 of 8 47 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 in the IGA Report, Ameresco will not bill Owner for the IGA Breakage Fee but will include the total cost of developing the project in the cost of the work to be performed under the Contract (“Implementation Price”). (b) Owner acknowledges that the total cost of developing the project will be included in the Implementation Price if Owner elects to proceed to Phase 2. Owner also acknowledges that if Owner does not proceed with Phase 2 of the Project within 120 days after delivery of the IGA Report, Ameresco will be entitled to payment in full of the IGA Breakage Fee within thirty (30) days after Ameresco’s submission of an invoice for such amount to Owner. (c) Owner acknowledges that the Implementation Price for the Project is based on the market cost as of the date of the IGA Report, for steel, copper and similar raw materials incorporated into equipment and material used for the Project. Price increases for such equipment and materials after the IGA Report was issued may either result in an Implementation Price increase or a corresponding decrease in the project size, but once the Contract to complete the Project is executed by both parties, the Implementation Price will not be contingent on those fluctuations. (d) In the event Owner instructs Ameresco to include additional facilities or expand the scope of the IGA as defined in Schedule A (“Additional Work”), the Owner shall compensate Ameresco for the Additional Work at a mutually agreed upon price, which will be reflected as an increase to the IGA Breakage Fee. Additional scope items could include, but not limited to, water and/or wastewater treatment, collection, and distribution systems, co-generation projects, park and sports lighting, renewable energy projects, lift stations, facility & building improvements, etc. 1.3 Other Terms and Conditions. (a) Ameresco’s receipt of an executed copy of this Audit Agreement shall serve as notification to Ameresco to proceed with the IGA. Ameresco will thereafter promptly initiate the IGA. (b) Ameresco does not assume responsibility to Owner for the anticipated project benefits projected in the IGA Report unless Ameresco completes the recommended Projects as defined in the Contract. (c) Owner hereby agrees to provide timely and complete access to all necessary property and utility consumption cost records for the three years preceding the commencement of Ameresco’s services. 1.4 Miscellaneous Terms and Conditions. (a) This Audit Agreement is hereby executed as of the Effective Date, written above. (b) The signatories hereto represent that they have been duly authorized to enter into to this Audit Agreement on behalf of the Party for whom they sign. (c) This agreement will be interpreted under the laws of the State of Arkansas, without giving effect to any conflict of law principle that would provide for the application of a different law. Any claim by either party will be brought exclusively in the federal or state courts in Sebastian County, Arkansas and each party irrevocably submits to the exclusive jurisdiction of such courts. (d) This Audit Agreement may not be amended unless in writing signed by authorized representatives of both Parties. (e) Neither Party may assign this Audit Agreement to another party without the prior written consent of the non-assigning Party, which will not be unreasonably withheld, delayed or conditioned. No un-consented-to assignment will be legally binding upon the non-assigning Party. (f) In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary or indirect damages in tort, contract or otherwise, including, without limitation, loss of profits, Project Development Agreement Page 2 of 8 48 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 loss of use of the Premises or other property, or business interruption, howsoever caused, in connection with this Audit Agreement. (g) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original document and all of which, taken together, shall be deemed to constitute a single document. A digital reproduction, portable document format (“.pdf”) or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by electronic signature (including signature via DocuSign or similar services), electronic mail or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding, and effective for all purposes (h) This agreement is Subject to the Arkansas Freedom of Information Act. The Parties may disclose confidential information to comply with a court order, a request under the Arkansas FOIA or other government demand that has the force of law. Before doing so, The Party responding to a FOIA request, court order or other governmental demand, when possible, shall give either Party notice of such order, request or demand so the other Party may seek a protective order. 1. Non-Disclosure of Confidential Information. The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. The provisions of this Section shall survive the termination of this Agreement. 1.1. Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; or, (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). 1.2. Obligation of Confidentiality. Except as set forth above, the parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. 1.3. Cooperation to Prevent Disclosure of Confidential Information. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has Project Development Agreement Page 3 of 8 49 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person. Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of Owner, at the sole election of Owner, the immediate termination, without liability to Owner, of this or any Agreement corresponding to the breach or threatened breach AMERESCO, INC. City of Fort Smith, AR By:__________________________ By:_____________________________ Name: Ron Haxton Name: Title: Sr. Vice President - BDM Title: Project Development Agreement Page 4 of 8 50 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 SCHEDULE A The following Owner facilities will be reviewed: • All water meters owned by the Owner or any meters that are read and serviced by the Owner. IGA SCOPE OF WORK Water Meters • Ameresco will analyze the existing water meter database concerning meter consumption, sizes, and types. • Ameresco will develop a testing plan consistent with the following criteria. o Testing for small meters, defined as 5/8” x 1/2”, 5/8" x 3/4", 1", 1.5”, and 2” is based on laboratory testing of a statistical sampling across the small meter population. Ameresco will test the number of meters for the sample population anticipated to result in 10 percent precision and a 90 percent confidence level based on the population size as described below. o Testing for meters 3” and larger is based on field testing the meters in place. • Laboratory Accuracy Testing o Ameresco will generate a randomized sampling plan of primary and alternate meters for sampling-based testing based on the provided meter inventory for each population identified for laboratory testing. o Ameresco will provide thirty-five (35) 2” meters to be used for meter testing. Owner will provide new direct read meters for all other meters listed below that will be removed for laboratory testing. If meter sample selection is a different size than originally depicted for that sample set, Ameresco will choose an alternate meter sample site. ▪ Ameresco anticipates testing 68 (sixty-eight) 5/8” x 1/2" water meters ▪ Ameresco anticipates testing 68 (sixty-eight) 1” water meters. ▪ Ameresco anticipates testing 68 (sixty-eight) 2” water meters. ▪ Ameresco may conduct additional meter testing if current results lack precision and confidence, and if consumption and cost data analysis warrants. o Ameresco will install new water meters in place of existing meters being removed for laboratory testing. o Ameresco will coordinate transport of the meters to an independent laboratory for testing and will arrange for return of the tested meters to the Owner. • Field Accuracy Testing o Ameresco will perform field testing for all meters 3” and larger assuming the meter can be tested in the field. If a meter is not capable of field testing for reasons such as lack of test port, seized valves, access concerns, or other field conditions, Ameresco will skip that meter, and that meter will not be tested. Below is a list of meters by size that Owner currently has in their database and Ameresco will attempt to test. ▪ 3” meters – 146 ▪ 4” meters – 72 ▪ 6” meters – 69 ▪ 8” meters – 10 ▪ 10” meters - 4 Project Development Agreement Page 5 of 8 51 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 • Ameresco will calculate potential revenue effects based on the accuracy of the test meters and the accuracy guaranteed by the manufacturer for the meter class. Analysis will be performed based on the established rate tiers and the marginal effects of accuracy changes. o Ameresco will apply results of the meter tests for small meter (5/8” x ½” meters) sample set to the entirety of the Owner’s small meter population (1” and smaller) for the accuracy effect evaluation as meters within this group generally share similar design characteristics and use cases. o Ameresco will apply results of the meter tests for intermediate meter (2” meters) sample set to the entirety of the Owner’s intermediate meter population (1.5” and 2” meters) for the accuracy effect evaluation as meters within this group generally share similar design characteristics and use cases. o Ameresco will apply the results of the meter tests for the 3” and larger meters on an individual account basis. o The Owner has the option to direct Ameresco to apply test results from one testable meter or meter population to other meters or meter populations at their discretion. • Ameresco will evaluate the potential operational and maintenance financial effects of system rehabilitation and automation with support of Owner staff to determine potential operational cost savings. • If the Owner desires, Ameresco will facilitate workshops with potential meter and telemetry (AMI), and customer engagement portal providers to review system options, software capabilities, and establish development criteria. • Ameresco will develop a turnkey implementation cost based on the provider preferences for metering infrastructure, telemetry infrastructure, billing system integration, and customer portal (where applicable). Ameresco will provide alternate scenarios at the Owner’s direction. • Ameresco will review finding of revenue effects and implementation costs in a workshop to determine final direction on investment grade audit deliverable. • Ameresco will provide an investment grade audit establishing the proposed scope, cost, and projected savings. Project Development Agreement Page 6 of 8 52 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 SCHEDULE B – OWNER RESPONSIBILITIES • Owner to provide new direct read meters for Ameresco to install to replace existing meters being removed for accuracy testing. • Assist with meter locates during the field surveys and testing process. • Assist in pumping out the water in flooded large meter vaults so that the meter and piping is exposed to allow Ameresco to do testing and survey work. • Provide Letter of Authorization (or email) which states that Ameresco has the Owner’s permission to obtain the following data from the Owner’s billing software company, or the Owner can provide this data directly to Ameresco: o File 1 – Account Listing o File 2 – Consumption History o File 3 – Utility Rate Structures File 1 Details (Account Listing) The first file is an Account Listing. This provides the detailed information to complete the field surveys above. The following tables outlines the data that is typically included in the first file. 1. Zone# (if applicable) 2. Route# 3. Account# 4. Account Sub/Identifier (if applicable) 5. Customer Number (if applicable) 6. Read Sequence # (Walk/Meter Reader Sequence) 7. Account Type And/Or Rate Code (commercial, irrigation, residential...etc.) 8. Account Name 9. Account Physical Address (Service Location) 10. Account Phone Number 11. Account City/State/Zip if applicable 12. Account Status (Active, Inactive, Vacant, Pulled, Disconnected...etc - Please provide definition) 13. Last Meter Reading 14. Account Multiplier 15. Serial # 16. Meter# (If different from Serial Number) 17. Size (if available) 18. Make/Model (if available) 19. Type (if available i.e. compound, multijet, turbo, positive displacement) 20. Any additional meter properties not listed above i.e. Register ID, Badge #, MXU ID…etc 21. Meter Location Notes/ Meter Reader Notes Project Development Agreement Page 7 of 8 53 Docusign Envelope ID: B5F8FE8A-60EF-412B-97B6-62CC651BC540 File 2 Details (Consumption History) The second file is a consumption history for each account. This file is used to create the consumption baseline used to determine the economic viability of the AMI project. The following table outlines the data that is typically included in the consumption file. Ameresco will be requesting a minimum of 3 years of monthly data for each account (5 years is preferred). 1. Account# (Include Zone, Cycle, and Route Numbers if applicable to your software) 2. Account Sub/Identifier (if applicable) 3. Customer Number (if applicable) 4. Account Type (commercial, irrigation, residential...etc.) 5. Account Name 6. Account Physical Address (Service Location) 7. Account Status (Active, Inactive, Vacant, Pulled, Disconnected...etc - Please provide definition) 8. Meter# (If different from Serial Number) 9. Monthly Water Consumption 10. Monthly Billed Water Charge 11. Monthly Sewer Consumption (Separate Line) 12. Monthly Billed Sewer Charge (Separate Line) 13. Monthly Billed Tax Charge 14. Associated Water Rate Table/Code (Please provide definition for each unique rate code) 15. Associated Sewer Rate Table/Code (Please provide definition for each unique rate code) 16. Bill Date These files are typically exported from the billing software in either .txt or .csv formats. Either is acceptable. If the files are too large to email, Ameresco can setup a DropBox or OneDrive folder so that the files can easily be uploaded. File 3 Details (Utility Rates and Increases) The third file is an export from the billing software that shows the rate codes for each utility and the rates associated with that code. All tiers should be listed. In addition to this rate code export, Ameresco requests a copy of current approved water rates and any approved future rate increases that have not already been included in the existing rates. This file is used to create the financial model used to determine the economic viability of the AMI project. Project Development Agreement Page 8 of 8 Rev. 2025 54 Brief Summary of Phase I Tasks Field Tasks Meter Replacement & Testing (5/8” x 3/4”, 1”, and 2”): For each of these sizes, Ameresco will purchase 68 new meters. Existing meters will be removed and replaced at each location. The removed meters will be sent to a certified third-party laboratory for accuracy testing. Field Testing of Large Meters (3” and Larger): For all meters 3” and above that are testable, Field testing conducted by AWWA standards using a certified third-party tester. Anticipated quantities: 3” meters – 146 units, 4” meters – 72 units, 6” meters – 69 units, 8” meters – 10 units, 10” meters – 4 units Field Survey (1.5” and Larger): Survey all meters 1.5” and larger (approx. 1,733 locations) to collect data including meter lay length, meter type, condition of meter box/vault, and condition of existing piping to ensure accurate scoping for future meter replacements. Sample Survey (1” and Smaller): A randomized survey of over 200 locations will be conducted for meters 1” and smaller to collect the same data points as above. Vertical Asset Site Visits: Evaluate existing vertical assets/potential new sites for AMI network infrastructure (e.g., mounting data collectors). Data collected will include structure height, mounting conditions, electrical power availability, proximity to neighborhoods or airports (requiring FAA review), etc. Drone inspections will be used as needed to assess mounting requirements (e.g., atop elevated water tanks). Data Tasks Database Review & Cleansing: Analyze entire meter database, ideally with a 3-year consumption history. The data will be scrubbed for duplicates, missing entries, and other anomalies. This supports accurate sampling and revenue projections. Revenue Loss/Gain Modeling: Using test results, reconstruct meter billing database to identify lost revenue due to inaccurate meters. Water and sewer rates will be applied (excluding base rates) to isolate consumption-related revenue. AMI Propagation Study: Using current meter account data, Ameresco will collaborate with AMI manufacturers to conduct propagation studies and determine required network coverage. 55 Professional Services Tasks Workshops & Vendor Evaluations: Ameresco will host workshops with City staff to review meter/AMI technology, software platforms, and customer engagement portals. Scope of Work & Bid Documents: Develop a comprehensive scope of work and bid documents for advertisement for bids. Software Integration Planning: Coordinate with City staff to define software integration scope and pricing based on selected technologies. Contract & Financial Model Development: Once technology selections are finalized, develop a turn-key contract including scope of work, firm fixed price, 20-year life cycle cost and cash flow pro forma Financial Strategy Consultation: Ameresco will work with the City’s financial advisor to identify suitable financing mechanisms for the project. Deliverables Workshop presentations on meter and AMI technologies, field survey findings, meter test results, vertical assessments and propagation studies, turn-key firm fixed price scope of work, revenue gains by meter size, 20-year cash flow pro forma, financing options & terms, detailed construction schedule, contract for Board review/approval. 56 Meter Sizes and Cost Information A request was made to the Purchasing Department by the Board of Directors for details on: • The cost per meter, by meter size, includes both bulk pricing and individual unit pricing Meter Types and Warranty Comparisons • Direct-read mechanical meters (such as Positive Displacement, Turbine, and Multijet types) have warranties based on both time and water consumption. o Example: A 5/8” x 3/4” residential meter typically comes with a 5-year or 500,000-gallon warranty, whichever comes first. o At an average usage of 8,000 gallons per month, this type of meter would be out of warranty in just over 5 years. • Solid-state meters, in contrast, have warranties not tied to consumption. o For the same meter size (5/8” x 3/4”), manufacturers typically guarantee 98.5% accuracy for up to 20 years, regardless of water usage. Sample Pricing for Direct-Read Meters • The following are example prices for direct-read meters purchased in bulk. • Note: Prices will vary depending on: o The manufacturer o The specific features included with the meter (e.g., register type, pressure sensor, temperature sensor, leak detection, etc.) Mechanical Meters • 5/8” x 3/4” $120 to $170 • 1” $200 to $300 • 1.5” $410 to $595 • 2” $570 to $800 Solid State Meters • 5/8” x 3/4” $120 to $190 • 1” $185 to $315 • 1.5” $400 to $600 • 2” $470 to $850 • 3” $1,800 to $2,500 • 4” $2,000 to $3,000 • 6” $2,800 to $4,500 • 8” $4,700 to $6,900 • 10” $7,500 to $10,000 • To add an endpoint (AMI Radio) to these meters, it will cost somewhere between $50 to $200 per meter depending on manufacturer and technology chosen. 57 Response to Concerns Concern: “Ameresco is carrying $1.6B in debt and has reported negative cash flow, meaning they are spending more than they are bringing in.” • A portion of Ameresco’s business model involves developing, owning, and operating a portfolio of long-term assets with contracted cash flows. They invest retained earnings into these assets and finance over 70% of capital expenditures using non-recourse project debt and tax equity from conservative, top-tier lenders and institutional investors such as Bank of America, MassMutual, Huntington Bank, and Hannon Armstrong. As a result, Ameresco’s net cash position, after factoring in investments and financing offsets, is approximately neutral — by design. They believe that reinvesting excess cash flows into contracted, revenue-generating assets provides the best return for the company. • The reported $1.6 billion in debt on Ameresco’s balance sheet corresponds to more than $2 billion in revenue-generating assets, which directly support this amortizing debt. The average life of this debt is approximately 15 years, and they do not carry any significant bullet maturities (large, one-time principal repayments) related to their operating energy asset debt. • Ameresco may report negative Cash from Operations at times due to GAAP accounting rules, particularly in how receivables and payables are treated in their Energy Savings Performance Contracts (ESPCs). Under GAAP, certain ESPC-related cash flows are categorized across multiple sections of the cash flow statement, which can obscure the true operational cash generation of Ameresco’s projects. • Therefore, Ameresco provides a supplemental measure: Adjusted Cash Flow from Operations, which treats all working capital changes within the same Cash from Operations section—more consistent with how most companies report. Their 8-quarter rolling average over the past two years has been approximately $40 million in positive Adjusted Cash Flow from Operations per quarter. For further details, please refer to Ameresco’s 10-Q and 10-K filings, which explain ESPC accounting in depth, and their investor materials, which provide reconciliations for Adjusted Cash Flow from Operations. 58 Concern: “Has serious concerns about Ameresco’s ability to make up the difference in revenue increase.” (Refers to price guarantee) • Ameresco has delivered over $16 billion in infrastructure solutions since their inception, including more than $5 billion in guaranteed-savings projects. • On average, their projects perform at over 103% of the guaranteed savings. In the rare event that a project experiences a shortfall, Ameresco identifies and remedies the issue at their own expense, ensuring that the guaranteed savings are achieved in future years. Concern: “Their stock price is down by about half from its 52-week high, and with the rollback in federal clean energy contracts, their ability to guarantee savings raises red flags.” • As a publicly traded company, Ameresco offers full transparency, financial accountability, and strong internal risk controls. However, they do not rely on equity markets for funding. In fact, they’ve only issued equity once since going public over 25 years ago. • Ameresco generates positive Adjusted Cash Flow from Operations, has strong access to non-recourse project financing, and holds over $4 billion in total assets, with more than $1 billion in net book value. Their financial position is as strong as it has ever been. • Stock market fluctuations are beyond Ameresco’s control and often reflect broader market sentiment. The recent decline in Ameresco’s stock price is consistent with sector- wide compression in earnings multiples, particularly following the November 2024 elections, when investors speculated that clean energy initiatives might face adverse policy changes or reduced federal support. Six months post-inauguration, Ameresco is pleased to report: o No material change in their Federal-sector backlog o The recently passed HR1 bill preserved major technology tax incentives beneficial to their work o Continued strong demand in the Utility and Commercial energy markets, driven by:  Rising electricity prices  Increased electricity demand from data centers  Growing concerns over grid reliability Ameresco’s backlog and profitability remain at record levels, and they reaffirmed their full-year guidance earlier this spring. As Ameresco continues to execute on their business plan and deliver value to customers, they are confident in a future rebound in stock price. 59 Concern: “Meters installed in 2017 were reliable, low-maintenance workhorses that got the job done without added cost.” • While the manual-read meters installed in 2017 have performed reliably, many are now approaching end-of-life and are no longer under warranty. This is why we have asked Ameresco to conduct a field audit and meter accuracy testing, so we can proactively assess whether, and how much, revenue may be lost due to meter degradation. • The current meters lack Advanced Metering Infrastructure (AMI), meaning we can only obtain one manual read per month. • Transitioning to AMI would: o Enable real-time or near-real-time readings o Improve customer service by addressing billing inquiries with greater accuracy o Increase operational efficiency in meter reading and water system management We are exploring AMI not just as a replacement for aging meters, but as a strategic technology investment to improve service delivery, data accuracy, and departmental efficiency. Concern: “The budget issue is funding. We should keep meter readers, who start at $11.50/hour, instead of pouring tens of millions into smart meters, data storage, app fees, and annual software licenses. Invest in our workforce. Keep jobs local and still spend significantly less than the full cost of automation.” The current starting pay rate for a Meter Reader is $17.50. Investing in our workforce is critically important and remains a priority. However, maintaining a fully manual system comes with hidden and rising costs — including fuel, vehicles, labor shortages, meter reading errors, safety risks, and inconsistent data. AMI technology isn’t just about automation — it’s about modernizing aging infrastructure, improving customer service, identifying leaks more quickly, and improving revenue accuracy. By reducing water loss and increasing billing accuracy, AMI systems can pay for themselves over time. A transition to AMI does not mean eliminating jobs — in fact, it creates new technical and data- focused roles, with potential for upskilling and long-term career growth for existing staff. City staff is committed to evaluating the full cost-benefit equation and ensuring any technology investment includes a workforce strategy. 60 Concern: “Only criticism I’ve received is that we’re not thinking about Fort Smith’s future — and there is no future if we’re drowning in debt.” This is an important concern. Debt management and financial sustainability are central to the City’s long-term planning. The purpose of Phase 1 is not to incur major debt, but to gather the data needed to evaluate: • How much revenue is currently being lost • The true cost of doing nothing • Whether a smart metering solution can pay for itself through improved efficiency and revenue recovery By proceeding methodically, and only after validating assumptions, the City can make a strategic, financially responsible decision that supports both current and future needs. Concern: “I have yet to see a comprehensive, realistic plan to replace all meters citywide.” We agree — and that’s exactly why City staff is recommending entering into a Phase 1 contract with Ameresco. This phase will deliver: • A turn-key cost estimate • A detailed and accurate Scope of Work • A revenue loss analysis based on meter testing • Recommendations for viable funding sources Only with this foundation can we create a comprehensive, citywide plan that is realistic, financially responsible, and based on local data. Concern: “I’ve spoken to a representative from another city that installed AMI meters. They’re not entirely happy with them, but they’re locked into a contract and can’t make a change.” Without knowing which city or the specific concerns raised, it’s difficult to respond definitively. However, we understand that not all AMI projects are created equal — technology selection, vendor performance, and contract terms all matter greatly. That’s why Phase 1 includes: • Thorough evaluation of multiple vendors and technologies • Competitive bidding for installation and materials • Workshops and demos to help staff and Council select the best-fit solutions • A contract structure designed to protect the City’s long-term interests Our goal is to avoid the mistakes made elsewhere by doing our due diligence upfront and engaging Council at every step. We have reviewed Ameresco’s past experience. Their customers - both small and large municipalities - are pleased with not only the implementation and cost savings, but also Ameresco’s consultative approach to collaboration. 61 Concern: “We need to stop operating in crisis mode and make proactive, fiscally responsible decisions—or at least do some due diligence. We should contact other cities using AMI technology.” • City staff is actively working to be proactive rather than reactive, by replacing failing meters and evaluating the implementation of an AMI system. • One significant benefit of AMI is the early detection of leaks, allowing us to respond within hours—rather than months after water surfaces. With historical daily consumption data, we can pinpoint high-loss areas and prioritize infrastructure replacement based on actual need, rather than speculation. • AMI has been widely used across the industry for over 15 years, offering not just operational savings, but tangible benefits to citizens through access to detailed consumption data, leak alerts, and water-use insights. • Staff has already contacted several cities using AMI, and the feedback has been overwhelmingly positive. We’ve also reviewed industry white papers, case studies, and manufacturer data to ensure we’re applying national best practices. Concern: “The estimated cost is $48M. Meters come with hidden costs— ongoing software fees and reliance on outside vendors. We should stick with what works: reliable manual meters.” • As a municipality, we rely on outside vendors for nearly all infrastructure components— this includes pipes, valves, treatment equipment, and meters. It’s simply not feasible for a city to manufacture these in-house. • The purpose of Phase 1 with Ameresco is to: o Determine the actual cost of implementation o Quantify all ongoing operational costs, including software o Identify projected revenue recovery from currently inaccurate meters • Ameresco brings the technical capacity to conduct field surveys, identify meter box and piping conditions, and issue competitive bids to minimize costs. Their work helps ensure no ‘hidden’ costs are overlooked. • As for the estimate: costs will vary depending on technology selected, installation complexity, and site conditions. Nationwide AMI implementations range from $550 to $1,500 per account, which for Fort Smith’s 39,250 meters translates to an estimated range of $21.5M to $59M. Phase I ensures these costs are grounded in Fort Smith’s actual data—not guesswork. 62 Concern: “AMI requires significant investment in new hardware, software, and data infrastructure, including cloud storage, which can cost hundreds of thousands per year.” • Ameresco will evaluate all ongoing operating and software costs as part of its Phase 1 deliverables. These will be detailed in a 20-year lifecycle cost model to ensure a full understanding of long-term expenses. • Most AMI vendors host data through secure cloud platforms such as AWS or Google Cloud, with high levels of encryption and reliability. • Based on preliminary research, we expect annual software fees to range from $0.15 to $0.90 per meter per month, depending on the vendor and features selected. These fees are competitive industrywide and significantly offset by labor and operational savings. Concern: “If we retain traditional meters, we avoid these capital costs. Mechanical meters are simpler, have lower failure rates, and are cheaper to maintain.” • The industry is moving away from mechanical meters. Many major manufacturers have already discontinued them or are phasing them out in favor of solid-state meters. • Solid-state meters have no moving parts, longer warranties (typically 20 years), and greater long-term accuracy. Mechanical meters, in contrast, often require replacement or recalibration after just 5 years, increasing labor costs. • Over the full life cycle, solid-state meters are more cost-effective, especially when you factor in reduced maintenance, fewer truck rolls, and better accuracy. Concern: “Smart meters aren’t the only way to improve revenue collection—what about meter calibration and route auditing?” • Accurate billing depends on accurate meter readings. If a meter fails to register actual water usage, the City loses revenue. • Most residential meters in Fort Smith cannot be recalibrated—and they account for over 95% of our meter population. Some larger meters may be calibrated, but many are too old or no longer supported. • AWWA recommends annual testing of 3” and larger mechanical meters—which has not historically occurred. As part of Phase 1, Ameresco will test and assess these larger meters. • Meter reading methods: 1. Manual reading – one read per month 2. AMR (drive-by) – one read per month via radio 3. AMI – automated, hourly reads multiple times per day AMI provides the most detailed and actionable data, enabling better customer service and operational control. 63 Concern: “Most of our 35% water loss occurs before the meter. We should fix the 20–25% loss on the city’s side before adding burdens on residents.” • We agree that system loss is a major concern. However, a key step in solving that is understanding the full picture—and that includes confirming the accuracy of our water meters. • AMI provides detailed consumption data, allowing us to isolate system losses, detect leaks more quickly, and prioritize infrastructure replacement based on real-time loss zones. It's a valuable tool in addressing both customer-side and system-side losses. Concern: “There’s a human cost. This puts people out of work. We’re spending millions to cut positions instead of investing in our staff and improving wages and conditions.” • We value our workforce and recognize the importance of job stability. However, the transition to AMI doesn’t eliminate jobs, it changes the nature of the work. • AMI creates new roles in data analytics, leak detection, customer service, and technical maintenance—opportunities to retrain and upskill current staff into higher-value positions. • We are committed to working with affected employees to explore redeployment and advancement options, while also being responsible stewards of public funds. Concern: “Fully automated systems create distance between the City and the people it serves. Residents trust local employees more than a website or remote call center.” • Our intent is not to replace human interaction but to enhance the level of service we provide to residents. • Currently, we cannot offer detailed consumption data or help customers identify possible leaks. With AMI, we will be able to: o Provide hourly usage data o Offer alerts for leaks or continuous usage o Help residents make informed water usage decisions • Importantly, our local staff will continue to provide customer service. No customer service functions will be outsourced. • AMI will also reduce the need for truck rolls, improve response times, and allow for remote disconnections in delinquency cases, improving operational efficiency. 64 Concern: “Meter readers do more than collect data. They’re often the first to notice leaks, safety issues, or residents in distress.” • While we appreciate the observational role meter readers may play, they typically visit each residence only once per month. • AMI allows the system to flag leaks or abnormal usage patterns within hours, ensuring much quicker intervention than manual reads. • This improves public safety, prevents property damage, and helps staff be proactively responsive, rather than relying on visual inspections that may occur weeks after a problem arises. Concern: “Instead of automating people out of jobs, we should raise meter reader wages and honor the dignity of work. That’s the smarter financial decision.” • The City must be both fiscally responsible and operationally efficient. The reality is that meter reading using manual methods is increasingly inefficient and prone to error. • AMI allows us to provide equal and fair billing for all users, especially as mechanical meters age and become less accurate. • Staff values human work—and by shifting staff from data collection to value-added tasks like leak detection, customer engagement, and system maintenance, we are preserving employment while modernizing operations. 65 February 27, 2025 Ameresco Reports Fourth Quarter and Full Year 2024 Financial Results FY24 Total Revenue Growth of 29% Total Project Backlog up 24% Y/Y to $4.8 billion Record Q4 Contract Conversions of $1.1 billion Drives Y/Y Contracted Backlog up 92% Record 241 MWe Energy Assets Placed in Operation During 2024 Full Year and Fourth Quarter 2024 Financial Highlights: Revenues of $1,769.9 million and $532.7 million Net income attributable to common shareholders of $56.8 million and $37.1 million GAAP EPS of $1.07 and $0.70 Non-GAAP EPS of $1.20 and $0.88 Adjusted EBITDA of $225.3 million and $87.2 million FRAMINGHAM, Mass.--(BUSINESS WIRE)-- Ameresco, Inc. (NYSE: AMRC), a leading energy solutions provider dedicated to helping customers navigate the energy transition, today announced financial results for the fiscal quarter ended December 31, 2024. The Company also furnished supplemental information in conjunction with this press release in a Current Report on Form 8-K. The supplemental information, which includes Non-GAAP financial measures, has been posted to the “Investors” section of the Company’s website at www.ameresco.com. Reconciliations of Non-GAAP measures to the appropriate GAAP measures are included herein. All financial result comparisons made are against the prior year period unless otherwise noted. CEO George Sakellaris commented, “The fourth quarter represented a strong and resilient finish to an excellent year for Ameresco. Our team continued to deliver solid results in a dynamic business environment while positioning the Company for future growth and adding to our multi-year visibility. Our record revenue performance was driven by growth across our business lines, reflecting robust demand for cost effective projects that provide energy savings and resilience. This was also a record quarter in project contract conversions with over $1 billion, bringing our contracted project backlog to over $2.5 billion at year-end, approximately twice 2023 levels. We also placed a record 241 MWe of energy assets into service during the year. These accomplishments have added considerably to our total multiyear revenue visibility which now stands at almost $10 billion. During the quarter, we also successfully divested our AEG business unit allowing us to remain focused on our core businesses and the exciting growth opportunities within our target markets.” Fourth Quarter Financial Results 66 (All financial result comparisons made are against the prior year period unless otherwise noted.) (in millions) Q4 2024 Q4 2023 Revenue Net Income (1) Adj. EBITDA Revenue Net Income (1) Adj. EBITDA Projects $418.3 $0.4 $13.7 $346.5 $27.2 $26.3 Energy Assets $57.6 $8.9 $31.1 $43.9 $1.3 $23.3 O&M $26.5 $1.7 $2.6 $24.4 $4.1 $3.4 Other $30.2 $26.2 $39.8 $26.6 $1.1 $1.9 Total (2) $532.7 $37.1 $87.2 $441.4 $33.7 $54.9 (1) Net Income represents net income attributable to common shareholders (2) Numbers in table may not sum due to rounding. Total revenue increased 20.7% to $532.7 million, with growth across all four of our business lines. Projects revenue grew 20.7% to $418.3 million, driven by our focus on project execution and the conversion of our awarded backlog to contracts. Energy Assets revenue increased 31.2% to $57.6 million, on the strength of record growth in assets placed in service. O&M revenue increased 8.6% to $26.5 million reflecting a solid attachment rate to our growing projects business. Other revenue increased 13.7% to $30.2 million. Gross margin of 12.5% for the quarter was significantly lower than expected. Unanticipated cost overruns on two of our large-scale legacy projects, negatively impacted gross profit by approximately $20 million, or 400 basis points. Operating income of $44.6 million, included a gain recognized on the sale of our AEG business unit of approximately $38.0 million, was partially offset by non-cash impairment charges of approximately $12.0 million taken on certain energy assets and higher depreciation expenses of $8.0 million. Interest and other expenses, net was $23.4 million, representing an increase of 45.7%. We continued to take advantage of clean energy tax incentives, resulting in an effective tax rate benefit of (58.9)% compared to a benefit of (67.0)% in 2023. Net income attributable to common shareholders was $37.1 million, increasing by 14.6%. Adjusted EBITDA of $87.2 million, increased 58.7%. Balance Sheet and Cash Flow Metrics 67 ($ in millions) December 31, 2024 Total Corporate Debt (1) $243.1 Corporate Debt Leverage Ratio (2) 3.2x Total Energy Asset Debt (3) $1,390.2 Energy Asset Book Value (4) $1,915.3 Energy Debt Advance Rate (5) 73% Q4 Cash Flows from Operating Activities $18.4 Plus: Q4 Proceeds from Federal ESPC Projects $35.4 Equals: Q4 Adjusted Cash from Operations $53.8 8-quarter rolling average Cash Flows from Operating Activities $6.0 Plus: 8-quarter rolling average Proceeds from Federal ESPC Projects $39.9 Equals: 8-quarter rolling average Adjusted Cash from Operations $45.8 (1) Subordinated debt, term loans, and drawn amounts on the revolving line of credit, net of debt discount and issuance costs (2) Debt to EBITDA, as calculated under our Sr. Secured Credit Facility (3) Term loans, sale-leasebacks and construction loan project financings for our Energy Assets in operations and in-construction and development (4) Book Value of our Energy Assets in operations and in-construction and development (5) Total Energy Asset Debt divided by Energy Asset Book Value The Company ended 2024 with $108.5 million in cash. During the fourth quarter the Company executed the planned, strategic divestiture of our energy technology and advisory services business, AEG, which resulted in significant cash proceeds and a higher than expected gain of approximately $38.0 million. The Company used the net cash proceeds from the sale to pay down its corporate term loan, resulting in an improvement in the corporate debt leverage ratio as of December 31, 2024. Our total corporate debt including our subordinated debt, term loans and drawn amounts on our revolving line of credit declined to $243.1 million from $272.5 million. Subsequent to the year-end, we extended and increased this facility, providing further financial flexibility and increased capacity to help fund our growth. During the fourth quarter we successfully executed approximately $237.0 million in project financing commitments to help fund our Energy Asset business. Our Energy Asset Debt was $1.4 billion with an Energy Debt Advance rate of 73% on the Energy Asset Book Value. Our Adjusted Cash from Operations during the quarter was $53.8 million. Our 8-quarter rolling average Adjusted Cash from Operations was $45.8 million. Project and Asset Highlights 68 ($ in millions) At December 31, 2024 Awarded Project Backlog (1) $2,274 Contracted Project Backlog $2,544 Total Project Backlog $4,818 12-month Contracted Backlog (2) $1,146 O&M Revenue Backlog $1,378 Energy Asset Visibility (3) $3,325 Operating Energy Assets 731 MWe Ameresco's Net Assets in Development (4) 637 MWe (1) Customer contracts that have not been signed yet (2) We define our 12-month backlog as the estimated amount of revenues that we expect to recognize in the next twelve months from our fully-contracted backlog (3) Estimated contracted revenue and incentives during PPA period plus estimated additional revenue from operating RNG assets over a 20-year period, assuming RINs at $1.50/gallon and brown gas at $3.50/MMBtu with $3.00/MMBtu for LCFS on certain projects (4) Net MWe capacity includes only our share of any jointly owned assets Ameresco brought 31 MWe of Energy Assets into operation, including the 15.6 MWe Roxana RNG plant. Ameresco’s Assets in Development increased 48 MWe during the quarter to 637 MWe with the addition of a number of large battery and PV assets. The Southern California Edison projects continue to progress and we expect them to be finalized this year. Summary and Outlook “Entering 2025, Ameresco is well-positioned for continued long term profitable growth even in an evolving industry and political landscape. While we expect continued growth in our recurring energy assets and O&M businesses, our projects business, and specifically our federal projects, will be impacted as the new administration determines which projects align with its funding priorities. We expect there to be continued long-term demand for our budget- neutral, cost-saving solutions as energy demand and prices continue to increase. We also expect the growing need for resilient, reliable power and infrastructure upgrades to drive the continued growth of our energy solutions as these drivers align with the new administration's priorities. Additionally, we foresee growing contributions from our European business, with renewable projects driven by decarbonization and net-zero commitments. These critical market drivers and our proven tailored solutions will continue to bolster our status as a leading global market player.” Given the current unpredictable political and regulatory environment, we have evaluated our federal government exposure in our 2025 guidance. We are guiding revenue of $1.9 billion and adjusted EBITDA $235 million at the midpoints of our ranges. We have reviewed risks related to project cancellations, pauses and re-scopes and factored that into our guidance. However, if these factors last longer than anticipated, our earnings could be impacted. We anticipate placing approximately 100-120 MWe of energy assets in service, including 1-2 RNG plants. Our expected capex is $350 million to $400 million, the majority of which we expect to fund with additional energy asset debt, tax equity or tax credit sales. We anticipate that first quarter revenue and Adjusted EBITDA will be similar to Q1 last year. 69 Because the first quarter is our seasonally lowest revenue quarter, and due to the generally linear nature of depreciation and interest expenses, we expect to have negative EPS. With respect to the cadence of revenue, we expect revenues in the second half of the year to represent approximately 60% of our total revenue for 2025. This is consistent with our performance from the past couple of years. Our 2025 guidance does not include the potential impact of a change in accounting principle related to sale-leaseback arrangements that is currently being assessed. If implemented, this change could result in lower annual interest and other expenses with an estimated impact of approximately $20 million in 2025. FY 2025 Guidance Ranges Revenue $1.85 billion $1.95 billion Gross Margin 15.5% 16.0% Adjusted EBITDA $225 million $245 million Depreciation & Amortization $103 million $105 million Interest Expense & Other $85 million $90 million Effective Tax Rate (50)% (35)% Income Attributable to Non-Controlling Interest ($5) million ($8) million Non-GAAP EPS $0.70 $0.90 The Company’s Adjusted EBITDA and Non-GAAP EPS guidance excludes the potential impact of redeemable non-controlling interest activity, one-time charges, energy asset and goodwill impairment charges, changes in contingent consideration, restructuring activities, as well as any related tax impact. Conference Call/Webcast Information The Company will host a conference call today at 4:30 p.m. ET to discuss fourth quarter 2024 financial results, business and financial outlook, and other business highlights. To participate on the day of the call, dial 1-888-596-4144, or internationally 1-646-968-2525, and enter the conference ID: 4966851, approximately 10 minutes before the call. A live, listen-only webcast of the conference call will also be available over the Internet. Individuals wishing to listen can access the call through the “Investors” section of the Company’s website at www.ameresco.com. If you are unable to listen to the live call, an archived webcast will be available on the Company’s website for one year. Use of Non-GAAP Financial Measures This press release and the accompanying tables include references to adjusted EBITDA, Non- GAAP EPS, Non-GAAP net income and adjusted cash from operations, which are Non-GAAP financial measures. For a description of these Non-GAAP financial measures, including the reasons management uses these measures, please see the section following the accompanying tables titled “Exhibit A: Non-GAAP Financial Measures”. For a reconciliation of these Non-GAAP financial measures to the most directly comparable financial measures prepared in accordance with GAAP, please see Non-GAAP Financial Measures and Non-GAAP Financial Guidance in the accompanying tables. About Ameresco, Inc. Founded in 2000, Ameresco, Inc. (NYSE:AMRC) is a leading energy solutions provider dedicated to helping customers reduce costs, enhance resilience, and decarbonize to net zero in the global energy transition. Our comprehensive portfolio includes implementing smart energy efficiency solutions, upgrading aging infrastructure, and developing, constructing, and operating distributed energy resources. As a trusted full-service partner, Ameresco shows the way by reducing energy use and delivering diversified generation solutions to Federal, state and local governments, utilities, educational and healthcare 70 institutions, housing authorities, and commercial and industrial customers. Headquartered in Framingham, MA, Ameresco has more than 1,500 employees providing local expertise in North America and Europe. For more information, visit www.ameresco.com. Safe Harbor Statement Any statements in this press release about future expectations, plans and prospects for Ameresco, Inc., including statements about market conditions, pipeline, visibility, backlog, pending agreements, financial guidance including estimated future revenues, net income, adjusted EBITDA, Non-GAAP EPS, gross margin, effective tax rate, interest rate, depreciation, tax attributes and capital investments, as well as statements about our financing plans, the impact the IRA, the impact of policies and regulatory changes implemented by the new U.S. administration, supply chain disruptions, shortage and cost of materials and labor, and other macroeconomic and geopolitical challenges; the impact from a possible change in accounting principle; our expectations related to our agreement with SCE including the impact of delays and any requirement to pay liquidated damages, and other statements containing the words “projects,” “believes,” “anticipates,” “plans,” “expects,” “will” and similar expressions, constitute forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by such forward looking statements as a result of various important factors, including: demand for our energy efficiency and renewable energy solutions; the timing of, and ability to, enter into contracts for awarded projects on the terms proposed or at all; the timing of work we do on projects where we recognize revenue on a percentage of completion basis; the ability to perform under signed contracts without delay and in accordance with their terms and the potential for liquidated and other damages we may be subject to; the fiscal health of the government and the risk of government shutdowns and reductions in the federal workforce; our ability to complete and operate our projects on a profitable basis and as committed to our customers; our cash flows from operations and our ability to arrange financing to fund our operations and projects; our customers’ ability to finance their projects and credit risk from our customers; our ability to comply with covenants in our existing debt agreements; the impact of macroeconomic challenges, weather related events and climate change; our reliance on third parties for our construction and installation work; availability and cost of labor and equipment particularly given global supply chain challenges, tariffs and global trade conflicts; global supply chain challenges, component shortages and inflationary pressures; changes in federal, state and local government policies and programs related to energy efficiency and renewable energy; the ability of customers to cancel or defer contracts included in our backlog; the output and performance of our energy plants and energy projects; cybersecurity incidents and breaches; regulatory and other risks inherent to constructing and operating energy assets; the effects of our acquisitions and joint ventures; seasonality in construction and in demand for our products and services; a customer’s decision to delay our work on, or other risks involved with, a particular project; the addition of new customers or the loss of existing customers; market price of our Class A Common stock prevailing from time to time; the nature of other investment opportunities presented to our Company from time to time; risks related to our international operation and international growth strategy; and other factors discussed in our most recent Annual Report on Form 10-K and our quarterly reports on Form 10-Q. The forward-looking statements included in this press release represent our views as of the date of this press release. We anticipate that subsequent events and developments will cause our views to change. However, while we may elect to update these forward-looking statements at some point in the future, we specifically disclaim any obligation to do so. These forward-looking statements 71 should not be relied upon as representing our views as of any date subsequent to the date of this press release. AMERESCO, INC. CONSOLIDATED BALANCE SHEETS (In thousands, except share amounts) December 31, 2024 2023 ASSETS Current assets: Cash and cash equivalents $ 108,516 $ 79,271 Restricted cash 69,706 62,311 Accounts receivable, net 256,961 153,362 Accounts receivable retainage 39,843 33,826 Unbilled revenue 644,105 636,163 Inventory 11,556 13,637 Prepaid expenses and other current assets 145,906 123,391 Income tax receivable 1,685 5,775 Project development costs, net 22,856 20,735 Total current assets 1,301,134 1,128,471 Federal ESPC receivable 609,128 609,265 Property and equipment, net 11,040 17,395 Energy assets, net 1,915,311 1,689,424 Goodwill, net 66,305 75,587 Intangible assets, net 8,814 6,808 Right-of-use assets, net 80,149 58,586 Restricted cash, non-current portion 20,156 12,094 Deferred income tax assets, net 56,523 26,411 Other assets 89,948 89,735 $4,158,508 $3,713,776 Total assets LIABILITIES, REDEEMABLE NON-CONTROLLING INTERESTS AND STOCKHOLDERS’ EQUITY Current liabilities: Current portions of long-term debt and financing lease liabilities, net $ 149,363 $ 322,247 Accounts payable 529,338 402,752 Accrued expenses and other current liabilities 107,293 108,831 Current portions of operating lease liabilities 10,536 13,569 Deferred revenue 91,734 52,903 Income taxes payable 744 1,169 Total current liabilities 889,008 901,471 Long-term debt and financing lease liabilities, net of current portion, unamortized discount and debt issuance costs 1,483,900 1,170,075 Federal ESPC liabilities 555,396 533,054 Deferred income tax liabilities, net 2,223 4,479 Deferred grant income 6,436 6,974 Long-term operating lease liabilities, net of current portion 59,479 42,258 Other liabilities 114,454 82,714 Commitments and contingencies Redeemable non-controlling interests, net $ 2,463 $ 46,865 Stockholders’ equity: Preferred stock, $0.0001 par value, 5,000,000 shares authorized, no shares issued and outstanding at December 31, 2024 and 2023 — — Class A common stock, $0.0001 par value, 500,000,000 shares authorized, 36,603,048 shares issued and 34,501,213 shares outstanding at December 31, 2024, 36,378,990 shares issued and 34,277,195 shares outstanding at December 31, 2023 3 3 Class B common stock, $0.0001 par value, 144,000,000 shares authorized, 18,000,000 shares issued and outstanding at December 31, 2024 and 2023 2 2 Additional paid-in capital 378,321 320,892 Retained earnings 652,561 595,911 Accumulated other comprehensive loss, net (5,874) (3,045) 72  Treasury stock, at cost, 2,101,835 shares at December 31, 2024 and 2,101,795 at December 31, 2023 (11,788) (11,788) Stockholders’ equity before non-controlling interest 1,013,225 901,975 Non-controlling interests 31,924 23,911 Total stockholders’ equity 1,045,149 925,886 Total liabilities, redeemable non-controlling interests and stockholders’ equity $4,158,508 $3,713,776 AMERESCO, INC. CONSOLIDATED STATEMENTS OF INCOME (In thousands, except per share amounts) Three Months Ended Year Ended December December 31, 31, 2024 2023 2024 2023 (Unaudited) (Unaudited) Revenues $ 532,667 $ 441,368 $1,769,928 $1,374,633 Cost of revenues 465,877 367,192 1,513,837 1,128,204 Gross profit 66,790 74,176 256,091 246,429 Selling, general and administrative expenses 47,841 36,672 173,761 162,138 Gain on sale of business, net 38,007 — 38,007 — Asset impairments 12,384 3,831 12,384 3,831 Earnings from unconsolidated entities 68 402 792 1,758 Operating income 44,640 34,075 108,745 82,218 Interest and other expenses, net 23,406 16,066 74,805 43,949 Income before income taxes 21,234 18,009 33,940 38,269 Income tax benefit (16,676) (15,083) (20,000) (25,635) Net income 37,910 33,092 53,940 63,904 Net (income) loss attributable to non-controlling interests and redeemable non-controlling interests (825) 643 2,817 (1,434) $ 37,085 $ 33,735 $ 56,757 $ 62,470 Net income attributable to common shareholders Net income per share attributable to common shareholders: Basic $ 0.71 $ 0.65 $ 1.08 $ 1.20 Diluted $ 0.70 $ 0.64 $ 1.07 $ 1.17 Weighted average common shares outstanding: Basic 52,463 52,247 52,380 52,140 Diluted 53,257 53,063 53,140 53,228 AMERESCO, INC. CONSOLIDATED STATEMENTS OF CASH FLOWS (In thousands) Year Ended December 31, 2024 2023 Cash flows from operating activities: Net income $ 53,940 $ 63,904 Adjustments to reconcile net income to net cash flows from operating activities: Depreciation of energy assets, net 82,114 59,390 Depreciation of property and equipment 4,963 4,155 Amortization of debt discount and debt issuance costs 5,151 4,201 Amortization of intangible assets 2,134 2,366 Increase in contingent consideration 149 347 Accretion of ARO liabilities 332 258 Impairment of goodwill — 2,222 Provision for bad debts 1,340 356 Impairment of long-lived assets / loss on disposal 12,815 1,710 Gain on sale of business, net of transaction costs (38,007) — Non-cash project revenue related to in-kind leases (4,164) (3,164) Earnings from unconsolidated entities (792) (1,758) Net gain from derivatives (1,027) (1,108) Stock-based compensation expense 14,130 10,318 Deferred income taxes, net (24,315) (27,602) 73  Unrealized foreign exchange loss (gain) 2,216 (368) Changes in operating assets and liabilities: Accounts receivable (96,867) 52,647 Accounts receivable retainage (14,342) 4,337 Federal ESPC receivable (158,937) (260,378) Inventory, net 2,081 581 Unbilled revenue 54,953 (13,211) Prepaid expenses and other current assets 22,576 (41,125) Project development costs (3,255) (5,486) Other assets (5,287) (6,896) Accounts payable, accrued expenses, and other current liabilities 143,776 53,238 Deferred revenue 50,738 26,202 Other liabilities 7,504 3,559 Income taxes receivable, net 3,679 1,314 Cash flows from operating activities 117,598 (69,991) Cash flows from investing activities: Purchases of property and equipment (4,291) (5,713) Capital investment in energy assets (416,992) (538,418) Capital investment in major maintenance of energy assets (17,063) (7,636) Grant award received on energy asset 400 — Net proceeds from sale of business 54,249 — Net proceeds from sale of equity investment 13,091 — Acquisitions, net of cash received — (9,182) Contributions to equity and other investments (11,757) (5,429) Loans to joint venture investments — (565) Purchases of subsurface land easements (4,274) — Cash flows from investing activities (386,637) (566,943) Cash flows from financing activities: Payments on long-term corporate debt financings (127,000) (155,000) Proceeds from long-term corporate debt financings 100,000 — Payments on senior secured revolving credit facility, net (4,900) (43,000) Proceeds from long-term energy asset debt financings 643,529 843,498 Payments on long-term energy asset debt and financing leases (424,421) (148,057) Payment on seller's promissory note (61,941) — Payments of debt discount and debt issuance costs (15,308) (9,315) Proceeds from Federal ESPC projects 164,779 154,338 Net proceeds from energy asset receivable financing arrangements 6,012 14,512 Proceeds from exercises of options and ESPP 2,763 4,455 Contributions from non-controlling interest 35,407 3,738 Distributions to non-controlling interest (1,368) (21,842) Distributions to redeemable non-controlling interests, net (422) (658) Investment fund call option exercise (3,186) — Payment of contingent consideration — (1,866) Cash flows from financing activities 313,944 640,803 Effect of exchange rate changes on cash (203) (81) Net increase in cash, cash equivalents, and restricted cash 44,702 3,788 Cash, cash equivalents, and restricted cash, beginning of year 153,676 149,888 $ 198,378 $ 153,676 Cash, cash equivalents, and restricted cash, end of year Non-GAAP Financial Measures (Unaudited, in thousands) 74  Three Months Ended December 31, 2024 Energy Adjusted EBITDA: Projects Assets O&M Other Consolidated Net income attributable to common shareholders $ 364 $ 8,899 $ 1,651 $ 26,171 $ 37,085 (Less) plus: Income tax (benefit) provision (1,096) (26,787) (8) 11,215 (16,676) Plus: Other expenses, net 10,203 11,896 508 799 23,406 Plus: Depreciation and amortization 1,032 24,245 276 992 26,545 Plus: Stock-based compensation 2,974 398 180 210 3,762 Plus: Energy asset impairment charges — 12,384 — — 12,384 Plus: Contingent Consideration, restructuring and other charges 232 15 4 428 679 Adjusted EBITDA $ 13,709 $ 31,050 $ 2,611 $ 39,815 $ 87,185 Adjusted EBITDA margin 3.3% 53.9% 9.8% 131.7% 16.4% Three Months Ended December 31, 2023 Energy Adjusted EBITDA: Projects Assets O&M Other Consolidated Net income attributable to common shareholders $ 27,149 $ 1,333 $ 4,145 $ 1,108 $ 33,735 Impact from redeemable non-controlling interests — (299) — — (299) Less: Income tax benefit (7,312) (6,722) (991) (58) (15,083) Plus: Other expenses, net 4,130 11,551 110 275 16,066 Plus: Depreciation and amortization 1,202 16,304 295 733 18,534 Plus: Stock-based compensation (1,113) (440) (210) (237) (2,000) Plus: Energy asset and goodwill impairment charges 2,222 1,609 — — 3,831 Plus: Contingent Consideration, restructuring and other charges 76 21 2 56 155 Adjusted EBITDA $ 26,354 $ 23,357 $ 3,351 $ 1,877 $ 54,939 Adjusted EBITDA margin 7.6% 53.3% 13.7% 7.1% 12.4% Year Ended December 31, 2024 Energy Adjusted EBITDA: Projects Assets O&M Other Consolidated Net income attributable to common shareholders $ 1,779 $ 13,981 $ 12,252 $ 28,745 $ 56,757 Impact from redeemable non-controlling interests — (3,766) — — (3,766) Plus (less): Income tax provision (benefit) 1,762 (34,170) 588 11,820 (20,000) Plus: Other expenses, net 25,235 45,715 1,511 2,344 74,805 Plus: Depreciation and amortization 3,929 80,849 1,232 3,201 89,211 Plus: Stock-based compensation 10,687 1,703 850 890 14,130 Plus: Energy asset impairment charges — 12,384 — — 12,384 Plus: Contingent Consideration, restructuring and other charges 1,162 116 19 523 1,820 Adjusted EBITDA $44,554 $ 116,812 $ 16,452 $ 47,523 $ 225,341 Adjusted EBITDA margin 3.3% 54.8% 15.5% 42.6% 12.7% 75  Year Ended December 31, 2023 Energy Adjusted EBITDA: Projects Assets O&M Other Consolidated Net income attributable to common shareholders $ 39,263 $ 12,992 $ 7,965 $ 2,250 $ 62,470 Impact from redeemable non-controlling interests — 570 — — 570 (Less) plus: Income tax (benefit) provision (15,717) (10,642) 345 379 (25,635) Plus: Other expenses, net 14,257 27,701 669 1,322 43,949 Plus: Depreciation and amortization 4,103 58,455 1,218 2,135 65,911 Plus: Stock-based compensation 7,516 1,343 694 765 10,318 Plus: Energy asset and goodwill impairment charges 2,222 1,609 — — 3,831 Plus: Contingent consideration, restructuring and other charges 1,223 69 17 267 1,576 Adjusted EBITDA $ 52,867 $ 92,097 $ 10,908 $ 7,118 $ 162,990 Adjusted EBITDA margin 5.3% 51.5% 11.8% 7.0% 11.9% Three Months Ended December 31, Year Ended December 31, 2024 2023 2024 2023 Non-GAAP net income and EPS: Net income attributable to common shareholders $ 37,085 $ 33,735 $ 56,757 $ 62,470 Adjustment for accretion of tax equity financing fees (27) (27) (107) (108) Impact from redeemable non-controlling interests — (299) (3,766) 570 Plus: Goodwill impairment — 2,222 — 2,222 Plus: Energy asset impairment 12,384 1,609 12,384 1,609 Plus: Contingent consideration, restructuring and other charges 679 155 1,820 1,576 Income tax effect of Non-GAAP adjustments (3,396) (649) (3,692) (1,018) Non-GAAP net income $ 46,725 $ 36,746 $ 63,396 $ 67,321 Diluted net income per common share $ 0.70 $ 0.64 $ 1.07 $ 1.17 Effect of adjustments to net income 0.18 0.05 0.13 0.09 Non-GAAP EPS $ 0.88 $ 0.69 $ 1.20 $ 1.26 Adjusted cash from operations: Cash flows from operating activities $ 18,376 $ (29,570) $ 117,598 $ (69,991) Plus: proceeds from Federal ESPC projects 35,380 47,035 164,779 154,338 Adjusted cash from operations $ 53,756 $ 17,465 $ 282,377 $ 84,347 Other Financial Measures (In thousands) (Unaudited) Three Months Ended December 31, Year Ended December 31, 2024 2023 2024 2023 New contracts and awards: New contracts $ 1,093,914 $ 477,280 $ 2,527,854 $ 1,276,660 New awards (1) $ 711,845 $ 519,600 $ 2,246,669 $ 2,193,225 (1) Represents estimated future revenues from projects that have been awarded, though the contracts have not yet been signed. Non-GAAP Financial Guidance 76  Adjusted earnings before interest, taxes, depreciation and amortization (adjusted EBITDA): Year Ended December 31, 2025 Low High Operating income (1) $113 million $132 million Depreciation and amortization $103 million $105 million Stock-based compensation $14 million $16 million Income attributable to non-controlling interest $(5) million $(8) million Adjusted EBITDA $225 million $245 million (1) Although net income is the most directly comparable GAAP measure, this table reconciles adjusted EBITDA to operating income because we are not able to calculate forward-looking net income without unreasonable efforts due to significant uncertainties with respect to the impact of accounting for our redeemable non-controlling interests and taxes. Exhibit A: Non-GAAP Financial Measures We use the Non-GAAP financial measures defined and discussed below to provide investors and others with useful supplemental information to our financial results prepared in accordance with GAAP. These Non-GAAP financial measures should not be considered as an alternative to any measure of financial performance calculated and presented in accordance with GAAP. For a reconciliation of these Non-GAAP measures to the most directly comparable financial measures prepared in accordance with GAAP, please see Non- GAAP Financial Measures and Non-GAAP Financial Guidance in the tables above. We understand that, although measures similar to these Non-GAAP financial measures are frequently used by investors and securities analysts in their evaluation of companies, they have limitations as analytical tools, and investors should not consider them in isolation or as a substitute for the most directly comparable GAAP financial measures or an analysis of our results of operations as reported under GAAP. To properly and prudently evaluate our business, we encourage investors to review our GAAP financial statements included above, and not to rely on any single financial measure to evaluate our business. Adjusted EBITDA and Adjusted EBITDA Margin We define adjusted EBITDA as net income attributable to common shareholders, including impact from redeemable non-controlling interests, before income tax (benefit) provision, other expenses net, depreciation, amortization of intangible assets, accretion of asset retirement obligations, stock-based compensation expense, energy asset and goodwill impairment, contingent consideration, restructuring and other charges, gain or loss on sale of equity investment, and gain or loss upon deconsolidation of a variable interest entity. We believe adjusted EBITDA is useful to investors in evaluating our operating performance for the following reasons: adjusted EBITDA and similar Non-GAAP measures are widely used by investors to measure a company's operating performance without regard to items that can vary substantially from company to company depending upon financing and accounting methods, book values of assets, capital structures and the methods by which assets were acquired; securities analysts often use adjusted EBITDA and similar Non-GAAP measures as supplemental measures to evaluate the overall operating performance of companies; and by comparing our adjusted EBITDA in different historical periods, investors can evaluate our operating results without the additional variations of depreciation and amortization expense, accretion of asset retirement obligations, stock-based compensation expense, impact from redeemable non-controlling interests, contingent consideration, restructuring and asset impairment charges. We define adjusted EBITDA margin as adjusted EBITDA stated as a percentage of revenue. 77 Our management uses adjusted EBITDA and adjusted EBITDA margin as measures of operating performance, because they do not include the impact of items that we do not consider indicative of our core operating performance; for planning purposes, including the preparation of our annual operating budget; to allocate resources to enhance the financial performance of the business; to evaluate the effectiveness of our business strategies; and in communications with the board of directors and investors concerning our financial performance. Non-GAAP Net Income and EPS We define Non-GAAP net income and earnings per share (EPS) to exclude certain discrete items that management does not consider representative of our ongoing operations, including energy asset and goodwill impairment, contingent consideration, restructuring and other charges, impact from redeemable non-controlling interest, gain or loss on sale of equity investment, and gain or loss upon deconsolidation of a variable interest entity. We consider Non-GAAP net income and Non-GAAP EPS to be important indicators of our operational strength and performance of our business because they eliminate the effects of events that are not part of the Company's core operations. Adjusted Cash from Operations We define adjusted cash from operations as cash flows from operating activities plus proceeds from Federal ESPC projects. Cash received in payment of Federal ESPC projects is treated as a financing cash flow under GAAP due to the unusual financing structure for these projects. These cash flows, however, correspond to the revenue generated by these projects. Thus, we believe that adjusting operating cash flow to include the cash generated by our Federal ESPC projects provides investors with a useful measure for evaluating the cash generating ability of our core operating business. Our management uses adjusted cash from operations as a measure of liquidity because it captures all sources of cash associated with our revenue generated by operations. View source version on businesswire.com: https://www.businesswire.com/news/home/20250227433367/en/ Media Relations Leila Dillon, 508.661.2264, news@ameresco.com Investor Relations Eric Prouty, AdvisIRy Partners, 212.750.5800, eric.prouty@advisiry.com Lynn Morgen, AdvisIRy Partners, 212.750.5800, lynn.morgen@advisiry.com Source: Ameresco, Inc. 78 79  7 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 7, 2026 SUBJECT: Three-year renewal of e-Builder software SUMMARY e-Builder is the software program used by Utility Engineering as a project document storage system. The software is included in the IMS portion of Consent Decree requirements. e- Builder has submitted a three-year renewal order in the amount of $285,286.79, an increase of 13.6% over the three (3) year term. A cost breakdown by year is included as Exhibit A. This is subject to the Master Service Agreement dated April 26, 2019 between e-Builder, Inc. and the City of Fort Smith, included as Exhibit B (R-70-19). A Resolution authorizing the Mayor to execute the order form renewal with e-Builder, Inc., in the amount of $285,286.79 for a three (3) year term is attached. Funding for this software is budgeted in the Utility Department Administration Software Licensing Fees. This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Should you or members of the Board have any questions or desire additional information, please let me know. ATTACHMENTS 1. 8-19-2025_Item_ID_2050_Resolution_Utilities.pdf 2. 8-19-25 Item ID 2050 Attachment Utilities.pdf FISCAL IMPACT: $285,286.79 BUDGET INFORMATION: Budgeted / Water Utilities - Utility Administration Operating Budget Board of Directors Staff Report August 19, 2025 80 CONSENT DECREE 7 RESOLUTION NO._________ RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR RENEWAL ORDER WITH E-BUILDER, INC., TO PROVIDE PROFESSIONAL SERVICES BE IT RESOLVED BY THE BOARD OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: A Three-Year Renewal Order with e-Builder, Inc., the term being April 1, 2026 to March 31, 2029 for Professional Services and subject to the Terms of the Master License and Services Agreement, is hereby approved. SECTION 2: The Mayor is hereby authorized to execute the renewal Order Form for Professional Services in the amount of $285,286.79, for the three (3) year term, April 1, 2026 to March 31 2029 for performing said services. This Resolution adopted this _______day of August 2025. APPROVED: ______________________________ Mayor ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: ___________________________npr 81 Exhibit A 0 e-Builder� ORDER FORM Order Date: Date of the last signature below Trimble Entity Name e-Builder Inc., a Trimble company ("Trimblen ) and Address: 1560 Sawgrass Corporate Parkway, Suite 400, Sunrise, FL 33323 Customer Entity Name City of Fort Smith, AR ("Customer") and Address: 801 Carnall Avenue, Fort Smith, AR 72902 Billing Contact Name and e- City of Fort Smith Water Utilities mail Address: Angie Chance chance@fortsmithar.gov Is a Purchase Order Yes or No Required? Purchase orders issued by Customer are issued for administrative purposes only; terms and conditions contained in any such purchase order shall be null and void. Is Customer Tax Exempt? Yes or No Initial Term: 4/1/2026 - 3/31/2029 Validity This Order Form shall expire on 2/28/2026 (the "Validity Date"). If this Order Form is not executed by the Customer by the Validity Date, Trimble reserves the right to not offer the pricing found in the Order Form. Annual Software Subscription: Item Name Unit of Measure Year 1 Annual Year 2 Annual Year 3 Annual Amount Amount Amount ., 4/1/2026 - 3/31/2027 4/1/2027 - 3/31/2028 4/1/2028 - 3/31/2029 Trimble Unity Construct SO - Authorized Users $84,243.38 $88,455.55 $92,878.33 EZ File Transfer Tool N/A $3,749.00 $3,936.45 $4,133.28 SQL Data Extracts N/A $2,503.03 $2,628.18 $2,759.59 Total Annual Software Subscription $90,495.41 $95,020.18 $99,771.20 TERMS AND CONDITIONS 1. Terms and Conditions. This Order Form is subject to the Master License and Services Agreement between Trimble and the Customer, dated 4/26/2019 ("Agreement"). 2. AUTOMATIC RENEWALS. This Order will automatically renew for subsequent 12 month term(s) at then-current pricing, unless either party provides the other with notice of cancellation at least 30 days prior to the expiration of the then-current term. 3. Payment Terms. All fees are due NET 30 from the date of the Trimble invoice. 82 83 84  Exhibit B MASTER LICENSE AND SERVICES AGREEMENT This MASTER LICENSE AND SERVICES AGREEMENT, ( the "MSA"J, is made and entered by the City of Fort Smith, AR, 801 Carnall Ave, Ste 500, Fort Smith, AR 2.10 "Term• means the duration of this MSA as inclusive of the Initial Term and 72902.-1908 ("Customer"); and e-BUILDER, INC,, 1800 NW 69th Avenue, Suite 2.01, each Renewal Term, as applicable. Plantation, Florida 33313 re-Builder") Hereinafter, e-Builder or Customer may be referred to individually as a "Party,· or collectively as the "Parties.• 3. EXHIBITS EH.hibits that are annexed hereto are incorporated by reference, and shall constitute a material part of this MSA. 1. INTRODUCTION Under this MSA, e-Builder will provide Customer with access (over the internet) to its proprietary multi -user software and system 4. TERM, TERMINATION e-Bullder will provide the e-Builder Offerings as developed, maintained and owned by e-Builder for use by customers including, described in an Order Form for the prices set forth therein. without limitation, the architecture, databases, infrastructure, software, basic software support, technology and web services deployed by e-Builder. This MSA 4.1 Term, governs the terms of the relationship between e-Builder and Customer. 4.1.1 Seat Subscription. If Customer's subscription is based on number of seats z. DEANmONS The following terms (used in this MSA) will have the it utilizes (the "Seat Subscription Model"), the "Initial Term" shall be In meanings specified below: accordance with the Initial Term found in the Order Form. 2.1 •confidential Information• means: (i) any non-public information of a 4.1.2. lntentlanally Omitted. Party; (iii all information relating to the e-Bullder Offerings, as well as e-Bullder's current or planned products and services, technology, techniques, know-how, 4.1.3 Termination for cause. Throughout the Term, either Partymay terminate research, engineering, designs, finances, accounts, procurement requirements, this MSA for cause, upon written notice to the breaching Party, for the following manufacturing, customer lists, business forecasts and marketing plans; (iii} reasons: (a) a payment default that is not cured within siKty (60) days of the invoice Customer Information received bye-Builder; (iv) other information of a Party that due date; or (bl a material, non-monetary default that is not cured within sixty (60) is disclosed in writing and is conspicuously designated or disclosed orally a s days following receipt of written notice describing such default. The following •confidential" a t the time o f disclosure; and M the terms and conditions o f this includes a non-exclusive listing of material defaults: (I) Customer vlolates Section MSA. Notwithstanding the foregoing, Confidential lnfonmation shall not Include 6 (System Access and Use; Support; Updates) and Section 9 (Usage; Ownership); Information that: (I) is or becomes generally known or available by publication, (iii Customer files or has filed against It an assignment for the benefit of creditors, commercial use or otherwise thmugh no fault of the receiving Party; (ii) was in the or a bankruptcy, insolvency or receivership proceeding, which is not dismissed receiving party's possession at the time of disclosure without violation of any within sixty (60) days; or (111) a Party winds-up or dissolves its business and affairs. confidentiality restriction and without any restriction on the receiving Party's Upon a termination under this Paragraph for non-payment, e-Builder may seek further use or disclosure; or (Iii) is Independently developed by the receiving Party remedies for all sums owed under the remaining Term. If Customer terminated Without use of the disclosing Party's Confidential Information. For purposes of this MSA for cause, it shall be entit!ed to a refund of any prepaid, but unused fees. clarity, Confldentlal Information shall mean information in any median including hard copy, electronically stored or stored in any other means or manner. 4.2 Termination for Convenience. Either e-Bullder or Customer may terminate this MSA for convenience on not less than sixty (60) days' written notice 2.2 "e-Bullder Offerings• means the products and services provided by e­ to the other Party hereto. If Customer terminates this MSA under this Paragraph, Bullder to Customer as defined in Paragraph.9 and shall include, without all previously paid subscription fees (both used and unused) for the current llmltati.on, any software or hardware configurations created by e-Bullder for contract year shall be non-refundable and forfeited. Furthermore, all earned, but Customer. unpaid, fees for Professional Services must be paid in full before the termination becomes effective. Moreover, upon termination for convenience, Customer shall 2.3 "Effective Date" is April 1, 2019. remain obligated to pay e-Bullder for the fees owed for the remainder of the then­ current contract year of this MSA. 2.4 "Initial Term· shall have the meaning provided in Paragraphs 4.1.1 or 4.1.2 below. 4.3 Return of Data. After termination of this MSA, e-Builder shall export for Customer all Customer data in the e-Builder database format, along with all 2.5 "Materials" means all manuals, specifications, instructions, training Customer files uploaded to the Customer's document libraries. documents and content provided by e-Builder in connection with the e-Builder 5. PAYMENTS;SUSPENSION; FEE CHANGES Offerings, whether in written form or on a URL 5.1 Payments; lnvoi�s. The payment terms for the e-Builder Offerings 2,6 "Order Fonn• means a form in which the speclflc services obtained from shall be set-forth In each Order Form. e-Bullder will be identified, as well as the pricing thereof. The Order Form Is part of this MSA and Is annexed as Exhibit 1. 5.2 Pro-Rated Purchases: If Customer increases its usage of one or more of the e-Bullder OHerings {including software licenses) during the Term, the 2.7 "Professional Services" means services provided bye-Builder as defined increased usage fees shall be pro-rated for the remainder of the then current In an Order Form as mutually agreed to by e-Builder and Customer for, among Term. other things, consulting services, technical assessment, system configuration, system setup, data conversion, data migration, interface development. user 5.3 Disputed Amounts. If Customer objects to an item on an e-Builder training and applicable travel-related e1<penses. invoice, It shall deliver a written objection thereof by no later than seven (7) davs after invoice transmission (the "Objection Notice"). If the Objection Notice Is not 2.8 "Renewal Term" shall mean any roll-over term that follows expiration of timely delivered, Customer shall waive its right to object, Notwithstanding delivery an Initial Term and as specified in Paragraph 4.1.1 below. of an Objection Notice, Customer will make payment of the undisputed invoice amount as specified In the Invoice. If, after reasonable investigation, e-Builder 2.9 "Saas Service(s)" means software-as-a-service, consisting of e-Builder's agrees (In whole or In part) with a dispute included within an Objection Notice, it proprietary multi-user system developed, maintained and owned bye-Builder for shall credit such amount against subsequent invoices issued to Customer. The use by customers including, without limitation, the architecture , databases, notice shall detall the dispute and explain what amounts owed are disputed and Infrastructure, software, basic software support, technology and web services why. A hard copy shall be also be sent byovernight mail to the following address: deployed by e-Builder. e-Builder, Attn.: BIiiings and Collections, e-Bullder, Inc., 1800 NW 69th Avenue, Suite 201, Plantation, Florida 33313. E-BUILDER CONFIDENTIAL 85 86 87 88 89 90  8 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 7, 2025 SUBJECT: 2016 SSA Remedial Measures, Sub-Basin P005 Easement Acquisition SUMMARY As part of the Consent Decree requirements, the City of Fort Smith is undergoing a complete assessment of its wastewater collection and transmission system. The City, and its contractors, are performing Sanitary Sewer Assessments (SSA) and repairs in various sub- basins throughout the city. These assessments are necessary to assess the condition of the pipes in the City’s sub-basins to determine if rehabilitation or replacement is required. The following Temporary Construction Easements are required as part of this project for the following properties. Affected property owners were notified by mail of the Board meeting date, time and location; copies of notices are included for reference. Tract Parcel Number Value 1 18112-0011-00013-00 $100.00 2 18112-0006-00013-00 $100.00 3 18112-0022-00008-00 $100.00 4 18112-0008-00013-00 $100.00 5 18112-0002-00013-00 $100.00 6 18112-0004-00013-00 $100.00 7 18112-0002-00013-01 $100.00 8 18112-0004-00014-00 $100.00 9 18112-0012-00007-00 $100.00 10 18112-0008-00014-00 $100.00 11 18112-0006-00014-00 $100.00 12 18883-0000-00306-00 $100.00 $1,200.00 In the event the named landowner declines to grant the easements, staff recommends the city attorney be allowed to move forward under eminent domain is necessary to obtain the required easements. Board of Directors Staff Report August 19, 2025 91  To keep construction on schedule, staff recommends approval of the attached Resolution, which includes authorizing the City Administrator and City Attorney to proceed with eminent domain actions to acquire the needed water line easements if the landowner declines to accept the city's offer. As always, representatives of the city will continue to negotiate with the property owners in an effort to reach a mutually agreeable settlement. This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 8-19-25_Item_ID_2052_Resolution_Utilities.pdf.pdf 2. 8-19-25 Item ID 2052 Attachment Utilities.pdf FISCAL IMPACT: $1,200.00 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report August 19, 2025 92  8 CONSENT DECREE RESOLUTION NO. ____________ RESOLUTION AUTHORIZING ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH THE 2016 SSA REMEDIAL MEASURES, SUB-BASIN P005, PROJECT NO. 17-09-C1 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following values for the acquisition of temporary construction easements for construction purposes for the 2016 SSA Remedial Measures, Sub-Basin P005, Project Number 17-09 are approved, and acquisition of the easements for the amounts listed are hereby authorized: TRACT PARCEL NUMBER OWNER VALUE 1 18112-0011-00013-00 Twyla Faye Baltrusch $100.00 2 18112-0006-00013-00 Jonna D. Fullbright $100.00 3 18112-0022-00008-00 Kenneth R./Tammy M. McClernon $100.00 4 18112-0008-00013-00 Tran,Chau Ngoc/Luu,My Ngoc $100.00 5 18112-0002-00013-00 Harvey Walker Family Living Trust $100.00 6 18112-0004-00013-00 Harvey Walker Family Living Trust $100.00 7 18112-0002-00013-01 Westphal Leasing LLC $100.00 8 18112-0004-00014-00 David Korkames $100.00 9 18112-0012-00007-00 Kenneth R./Tammy M. McClernon $100.00 10 18112-0008-00014-00 Juan Carlos/Griselda Reyes $100.00 11 18112-0006-00014-00 Delories White $100.00 12 18883-0000-00306-00 Newoods, Inc. $100.00 $1,200.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 93  SECTION 3: 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 easements herein described and make deposits of just compensation of the values of the easements listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of August 2025. APPROVED: ________________________________ Mayor Attest: ___________________________________ City Clerk APPROVED AS TO FORM: ________________________________npr 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Contact Log and Notes: All twelve properties owners were contacted by approved Pre-Board Meeting notification letter sent out by standard mail on 7-23-2025. All properties are in WARD 2. All easements are Temporary Construction Easements and not Permanent Easements. 108 August 6, 2025 To Twyla Faye Baltrusch, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3217 N. M St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3217 N. M St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3217 N. M Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 1 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 109 110 August 6, 2025 To Joann D. Fulbright, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3205 N. M St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3205 N. M St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3205 N. M Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 2 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 111 112 August 6, 2025 To Kenneth R. & Tammy M. McClernon, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 1517 N 32nd St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 1517 N 32nd St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 1517 N 32nd Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 3 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 113 114 August 6, 2025 To Property Owner, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3215 N M St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3215 N M St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3215 N M Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 4 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 115 116 August 6, 2025 To Harvey L. Walker Family Living Trust, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3201 N M St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3201 N M St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3201 N M Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 5 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 117 118 August 6, 2025 To Harvey L. Walker Family Living Trust, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3203 N M St., Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3203 N M St. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3203 N M Street property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 6 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 119 120 August 6, 2025 To Westphal Leasing, LLC, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at PARCEL# 18112-0002-00013-01 (no address given), Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at PARCEL# 18112-0002-00013-01 (no address given), Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the PARCEL# 18112-0002-00013-01 (no address given), Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 7 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 121 122 August 6, 2025 To David Korkames Living Trust, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3207 N N St, Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3207 N N St. Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3207 N N St. Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 8 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 123 124 August 6, 2025 To Kenneth & Tammy McClernon, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 1527 N 32nd St, Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 1527 n 32nd St. Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 1527 N 32nd St. Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 9 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 125 126 August 6, 2025 To Juan Carolos & Griselda Reyes, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3213 N N St, Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3213 N N St. Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3213 N N St. Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 10 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 127 128 August 6, 2025 To Delories White, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3209 N N St, Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 3209 N N St. Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 3209 N N St. Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 11 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 129 130 August 6, 2025 To Newoods, Inc, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The sewer main is to be relocated in conjunction with a planned drainage improvement project to be undertaken in the new future. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 2901 N O St, Fort Smith, Arkansas. The City is requesting a Temporary Construction Easement on your property to allow the work to be done. No land or land rights will be kept by the City upon the completion of this project, this Easement is only temporary. The improvements to Sub-Basin P005, will have an impact on your property at 2901 N O St. Fort Smith, Arkansas. An exhibit showing the temporary easement area across your property is enclosed. The consideration being offered by the City is $100.00. The Utility Department will be taking this project, that includes the 2901 N O St. Fort Smith, Arkansas property, to the Fort Smith Board of Directors on 8/19/2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 17-09: 2016 SSA Remedial Measures Property Tract Number is – Tract 12 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 131 132  9 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 7, 2025 SUBJECT: 2016 SSA Remedial Measures-Sub-Basin S007 Easement Acquisition SUMMARY As part of the Consent Decree requirements, the City of Fort Smith is undergoing a complete assessment of its wastewater collection and transmission system. The City and its contractors, are performing Sanitary Sewer Assessments (SSA) and repairs in various sub- basins throughout the city. These assessments are necessary to assess the condition of the pipes in the City’s sub-basins to determine if rehabilitation or replacement is required. The following Sewer Utility Easements are required as part of this project for the following properties. Affected properties owners were notified by mail of the Board meeting date, time and location; copies of notices are included for review. Tract Parcel Number Value 7 18454-0291-00000-00 $514.00 8 18454-0278-00000-00 $219.00 9 18454-0280-00000-00 $452.00 $1,185.00 In the event the named landowner declines to grant the easements, staff recommends the city attorney be allowed to move forward under eminent domain if necessary to obtain the required easements. To keep construction on schedule, staff recommends approval of the attached Resolution, which includes authorizing the City Administrator and City Attorney to proceed with eminent domain actions to acquire the needed water line easements if the landowner declines to accept the city's offer. As always, representatives of the city will continue to negotiate with the property owners in an effort to reach a mutually agreeable settlement. This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city’s long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. Board of Directors Staff Report August 19, 2025 133  ATTACHMENTS 1. 8-19-25_Item_ID_2053_Resolution_Utilities.pdf 2. 8-19-25 Item ID 2053 Attachment Utilities.pdf FISCAL IMPACT: $1,185.00 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report August 19, 2025 134  9 CONSENT DECREE RESOLUTION NO. ____________ RESOLUTION AUTHORIZING ACQUISITION OF SEWER UTILITY EASEMENTS IN CONNECTION WITH THE 2016 SSA REMEDIAL MEASURES, SUB-BASIN S007, PROJECT NO. 17-12-C1 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following values for the acquisition of sewer utility easements for construction purposes for the 2016 SSA Remedial Measures, Sub-Basin S007, Project Number 17-12-C1 are approved, and acquisition of the easements for the amounts listed are hereby authorized: TRACT PARCEL NUMBER OWNER VALUE 7 18454-0291-00000-00 Abraham/Virginia Vega $514.00 8 18454-0278-00000-00 Lilian Neito $219.00 9 18454-0280-00000-00 Guillermo A. Morgan $452.00 $1,185.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 135  SECTION 3: 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 easements herein described and make deposits of just compensation of the values of the easements listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of August 2025. APPROVED: ________________________________ Mayor Attest: ___________________________________ City Clerk APPROVED AS TO FORM: ________________________________npr 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 August 6, 2025 Dear Abraham & Virginia Vega: The City of Fort Smith is currently undergoing a complete examination of its Wastewater Collection and Transmission System. The City, and its contractors, are performing SSA (Sanitary Sewer Assessment) activities in various Sub- Basins throughout the City. These SSA activities are necessary to assess the condition of the pipes in the City’s Sub- Basins to determine if repair or replacement is needed. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several components of said system are being upgraded throughout the City. These repair(s) and replacement(s) to the Sub-Basins, will have an impact on your property located at 3901 Morris Dr. Fort Smith, AR 72901. The City of Fort Smith is needing a Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed for your reference. The Utility Department will be taking this project, that includes your property at 3901 Morris Dr Fort Smith, AR 72901, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 2016 SSA Remedial Measures – Sub-Basin S007, Project# 17-12 Property Tract Number is – Tract 7 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 156 157 August 6, 2025 Queridos Abraham y Virginia Vega: La ciudad de Fort Smith se encuentra actualmente en un examen completo de su sistema de recolección y transmisión de aguas residuales. La Ciudad, y sus contratistas, están realizando actividades de SSA (Evaluación de Alcantarillado Sanitario) en varias subcuencas en toda la Ciudad. Estas actividades de la SSA son necesarias para evaluar la condición de las tuberías en las subcuencas de la ciudad para determinar si es necesario reparar o reemplazar. A medida que la Ciudad toma medidas para aumentar la capacidad general de su Sistema de Recolección y Transmisión de Aguas Residuales, varios componentes de dicho sistema se están actualizando en toda la Ciudad. Estas reparaciones y reemplazos de las subcuencas tendrán un impacto en su propiedad ubicada en 3901 Morris Dr. Fort Smith, AR 72901. La ciudad de Fort Smith necesita una servidumbre de servicios públicos de alcantarillado en su propiedad. Se adjunta una prueba que muestra el área de servidumbre a través de su propiedad para su referencia. El Departamento de Servicios Públicos llevará este proyecto, que incluye su propiedad en 3901 Morris Dr Fort Smith, AR 72901, a la Junta Directiva de Fort Smith el 19 de agosto de 2025. La reunión se llevará a cabo en The Blue Lion en 101 North 2nd Street en Fort Smith, AR 72901. La reunión será a las 18:00 horas. Le invitamos a asistir y hablar con la Junta Directiva sobre este asunto. La información del proyecto es: Medidas Correctivas de la SSA 2016 – Subcuenca S007, Proyecto # 17-12 El número de tracto de la propiedad es: Tratado 7 Si tiene alguna pregunta o inquietud, no dude en comunicarse conmigo al 479-522-7246 o CBethel@fortsmithar.gov. Su pronta atención a este asunto es muy apreciada. Respetuosamente Chad Betel Administrador de Bienes Raíces/Terrenos El Departamento de Servicios Públicos de la Ciudad de Fort Smith Recintos 158 159 August 6, 2025 Dear Lilian Nieto: The City of Fort Smith is currently undergoing a complete examination of its Wastewater Collection and Transmission System. The City, and its contractors, are performing SSA (Sanitary Sewer Assessment) activities in various Sub- Basins throughout the City. These SSA activities are necessary to assess the condition of the pipes in the City’s Sub- Basins to determine if repair or replacement is needed. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several components of said system are being upgraded throughout the City. These repair(s) and replacement(s) to the Sub-Basins, will have an impact on your property located at 3619 Morris Dr. Fort Smith, AR 72901. The City of Fort Smith is needing a Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed for your reference. The Utility Department will be taking this project, that includes your property at 3619 Morris Dr Fort Smith, AR 72901, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 2016 SSA Remedial Measures – Sub-Basin S007, Project# 17-12 Property Tract Number is – Tract 8 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 160 161 August 6, 2025 Querida Lilian Nieto: La ciudad de Fort Smith se encuentra actualmente en un examen completo de su sistema de recolección y transmisión de aguas residuales. La Ciudad, y sus contratistas, están realizando actividades de SSA (Evaluación de Alcantarillado Sanitario) en varias subcuencas en toda la Ciudad. Estas actividades de la SSA son necesarias para evaluar la condición de las tuberías en las subcuencas de la ciudad para determinar si es necesario reparar o reemplazar. A medida que la Ciudad toma medidas para aumentar la capacidad general de su Sistema de Recolección y Transmisión de Aguas Residuales, varios componentes de dicho sistema se están actualizando en toda la Ciudad. Estas reparaciones y reemplazos de las subcuencas tendrán un impacto en su propiedad ubicada en 3619 Morris Dr. Fort Smith, AR 72901. La ciudad de Fort Smith necesita una servidumbre de servicios públicos de alcantarillado en su propiedad. Se adjunta una prueba que muestra el área de servidumbre a través de su propiedad para su referencia. El Departamento de Servicios Públicos llevará este proyecto, que incluye su propiedad en 3619 Morris Dr Fort Smith, AR 72901, a la Junta Directiva de Fort Smith el 19 de agosto de 2025. La reunión se llevará a cabo en The Blue Lion en 101 North 2nd Street en Fort Smith, AR 72901. La reunión será a las 18:00 horas. Le invitamos a asistir y hablar con la Junta Directiva sobre este asunto. La información del proyecto es: Medidas Correctivas de la SSA 2016 – Subcuenca S007, Proyecto # 17-12 El número de tracto de la propiedad es: Tratado 8 Si tiene alguna pregunta o inquietud, no dude en comunicarse conmigo al 479-522-7246 o CBethel@fortsmithar.gov. Su pronta atención a este asunto es muy apreciada. Respetuosamente Chad Betel Administrador de Bienes Raíces/Terrenos El Departamento de Servicios Públicos de la Ciudad de Fort Smith Recintos 162 163 August 6, 2025 Dear Guillermo A. Morga: The City of Fort Smith is currently undergoing a complete examination of its Wastewater Collection and Transmission System. The City, and its contractors, are performing SSA (Sanitary Sewer Assessment) activities in various Sub- Basins throughout the City. These SSA activities are necessary to assess the condition of the pipes in the City’s Sub- Basins to determine if repair or replacement is needed. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several components of said system are being upgraded throughout the City. These repair(s) and replacement(s) to the Sub-Basins, will have an impact on your property located at 3705 Morris Dr. Fort Smith, AR 72901. The City of Fort Smith is needing a Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed for your reference. The Utility Department will be taking this project, that includes your property at 3705 Morris Dr Fort Smith, AR 72901, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 2016 SSA Remedial Measures – Sub-Basin S007, Project# 17-12 Property Tract Number is – Tract 9 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 164 165 August 6, 2025 Dear Guillermo A. Morga: La ciudad de Fort Smith se encuentra actualmente en un examen completo de su sistema de recolección y transmisión de aguas residuales. La Ciudad, y sus contratistas, están realizando actividades de SSA (Evaluación de Alcantarillado Sanitario) en varias subcuencas en toda la Ciudad. Estas actividades de la SSA son necesarias para evaluar la condición de las tuberías en las subcuencas de la ciudad para determinar si es necesario reparar o reemplazar. A medida que la Ciudad toma medidas para aumentar la capacidad general de su Sistema de Recolección y Transmisión de Aguas Residuales, varios componentes de dicho sistema se están actualizando en toda la Ciudad. Estas reparaciones y reemplazos de las subcuencas tendrán un impacto en su propiedad ubicada en 3705 Morris Dr. Fort Smith, AR 72901. La ciudad de Fort Smith necesita una servidumbre de servicios públicos de alcantarillado en su propiedad. Se adjunta una prueba que muestra el área de servidumbre a través de su propiedad para su referencia. El Departamento de Servicios Públicos llevará este proyecto, que incluye su propiedad en 3705 Morris Dr Fort Smith, AR 72901, a la Junta Directiva de Fort Smith el 19 de agosto de 2025. La reunión se llevará a cabo en The Blue Lion en 101 North 2nd Street en Fort Smith, AR 72901. La reunión será a las 18:00 horas. Le invitamos a asistir y hablar con la Junta Directiva sobre este asunto. La información del proyecto es: Medidas Correctivas de la SSA 2016 – Subcuenca S007, Proyecto # 17-12 El número de tracto de la propiedad es: Tratado 9 Si tiene alguna pregunta o inquietud, no dude en comunicarse conmigo al 479-522-7246 o CBethel@fortsmithar.gov. Su pronta atención a este asunto es muy apreciada. Respetuosamente Chad Betel Administrador de Bienes Raíces/Terrenos El Departamento de Servicios Públicos de la Ciudad de Fort Smith Recintos 166 167  10 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 11, 2025 SUBJECT: Basin 10 & 14 Capacity Improvements, Phase 2 Easement Acquisition SUMMARY As part of the Consent Decree requirements, the City of Fort Smith is currently undergoing a complete examination of its wastewater collection and transmission system. The City, and its contractors, are performing Sanitary Sewer Assessments (SSA) and repairs in various sub- basins throughout the city. These assessments are necessary to assess the condition of the pipes in the City’s sub-basins to determine if rehabilitation or replacement is required. The following sewer utility easements are required as part of this project. Affected property owners were notified by mail of the Board meeting date, time and location; copies of the notices are included for reference. Tract Parcel Number Value 2 15344-0033-00000-0 $1,085.00 7 10231-0024-00003-00 $562.00 9 10231-0006-00004-00 $140.00 $1,787.00 This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 8-19-25_Item_ID_2063_Resolution_Utilities.pdf 2. 8-19-25 Item ID 2063 Attachment Utilities.pdf FISCAL IMPACT: $1,787.00 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report August 19, 2025 168  10 RESOLUTION NO. ____________ RESOLUTION AUTHORIZING ACQUISITION OF SEWER UTILITY EASEMENTS IN CONNECTION WITH THE BASIN 10 AND 14 CAPACITY IMPROVEMENTS, PHASE 2, PROJECT NO. 24-11 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following appraised values for the acquisition of sewer utility easements for the construction of the Basin 10 and 14 Capacity Improvements, Phase 2, Project Number 24- 11 are approved, and acquisition of the easements for the amounts listed are hereby authorized: TRACT PARCEL NUMBER OWNER VALUE 2 15344-0033-00000-00 SVC, ABS, LLC $1,085.00 7 10231-0024-00003-00 JoAnne/Steven McDonald $562.00 9 10231-0006-00004-00 William R. Newbold $140.00 $1,787.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 169  SECTION 3: 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 easements herein described and make deposits of just compensation of the values of the easements listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of August, 2025. APPROVED: ________________________________ Mayor Attest: ___________________________________ City Clerk APPROVED AS TO FORM: ______________________________npr 170 171 172 173 174 175 176 177 August 11, 2025 To SVC ABS, LLC, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The design of the project is now complete and the route for the new pipe has been established which will impact your property located at 3100 Grand Ave, Fort Smith, Arkansas. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several large interceptor pipes are being upgraded throughout the City. The improvements to Basins 10 & 14 will have an impact on your property at 3100 Grand Ave. The City of Fort Smith is asking for a permanent Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed as well as a copy of the preliminary construction drawings impacting your property. The consideration being offered by the City is $1,085.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #15344-0033-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 24-11: Basin 10 & 14 Capacity Improvements, Phase 2 Property Tract Number is – Tract 2 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 178 179 August 11, 2025 To Jo Anne & Steven W. McDonald, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The design of the project is now complete and the route for the new pipe has been established which will impact your property with Parcel# 10231-0024-00003-00, Fort Smith, Arkansas. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several large interceptor pipes are being upgraded throughout the City. The improvements to Basins 10 & 14 will have an impact on your property with Parcel# 10231-0024-00003-00. The City of Fort Smith is asking for a permanent Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed as well as a copy of the preliminary construction drawings impacting your property. The consideration being offered by the City is $562.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #10231-0024-00003-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 24-11: Basin 10 & 14 Capacity Improvements, Phase 2 Property Tract Number is – Tract 7 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 180 181 August 11, 2025 To Newbold Family Properties, LLC, The City of Fort Smith is in the initial stages of planning a sanitary sewer system capacity improvement project. This project is necessary to bring the City’s sanitary sewer system into compliance with a settlement agreement entered into by the City of Fort Smith and the United States of America. This project is intended to increase the capacity of the sewer mains during wet weather events which stress the capacity of the sanitary sewer system. The design of the project is now complete and the route for the new pipe has been established which will impact your property at 3010 Park Ave, Fort Smith, Arkansas. As the City takes measures to increase the overall capacity of its Wastewater Collection and Transmission System, several large interceptor pipes are being upgraded throughout the City. The improvements to Basins 10 & 14 will have an impact on your property at 3010 Park Ave. The City of Fort Smith is asking for a permanent Sewer Utility Easement on your property. An exhibit showing the easement area across your property is enclosed as well as a copy of the preliminary construction drawings impacting your property. The consideration being offered by the City is $140.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #10231-0006-00004-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 24-11: Basin 10 & 14 Capacity Improvements, Phase 2 Property Tract Number is – Tract 9 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 182 183  11 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 5, 2025 SUBJECT: Emergency Proposal with Vortex Services, LLC for Sanitary Sewer Repair, Cherokee Circle to Leigh Avenue SUMMARY This project involves the emergency rehabilitation of approximately 400 linear feet of 8-inch sanitary sewer main line. The sanitary sewer main between manholes M006-0940 and M006- 0930, located near the intersection of Cherokee Circle and Leigh Avenue, has collapsed. City crews investigated the site and determined an open cut repair is not feasible due to several constraints: limited access, depth of the line, nearby power poles, and the number of trees in the area. Based on this assessment, the Water Utilities Department decided to proceed with a trenchless repair method. City of Fort Smith Water Utilities contacted Forsgren, Patriot Utilities, and Vortex who are currently working on similar projects in the city for availability and requested cost proposals. A summary of the proposals is attached for review. An ordinance authorizing the Mayor to execute an emergency proposal with Vortex Services LLC, in the amount of $316,510.50 is attached. The rehabilitation of the sanitary sewer main is part of the Consent Decree, therefore funding is available through the 5/8% Sales and Use Tax. This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city’s long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 8-19-25_Item_ID_2045_Ordinance_Utilities.pdf 2. 8-19-25 Item ID 2045 Attachment Utilities.pdf FISCAL IMPACT: $316,510.50 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report August 19, 2025 184  11 ORDINANCE NO. _____ AN ORDINANCE AUTHORIZING AN EMERGENCY PROPOSAL WITH VORTEX SERVICES, LLC FOR THE EMERGENCY SANITARY SEWER REHABILITATION, M006-0940 TO M006-930, PROJECT 25-07-C1 WHEREAS, a segment of approximately 400 linear feet of 8-inch sanitary sewer main near the intersection of Cherokee Circle and Leigh Avenue (subject sewer main) requires rehabilitation to the collapsed sewer line; WHEREAS, as a result of the collapse of the subject sewer main noted above, the City is currently using vacuum trucks to prevent the manhole from any potential overflow; WHEREAS, limited access, depth of the line, nearby power poles and the number of trees in the area near the subject sewer main prevent the City Utility Department Sanitary Sewer Line Maintenance crews from being able to repair the subject sewer main using open-cut method; WHEREAS, because of the exceptional situation described the City declares the necessity to accept an emergency proposal with Vortex Services, LLC to repair the subject sewer main. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS: Section 1: Pursuant to Ark. Code Ann. § 22-9-201(c), in order to address an unforeseen and unavoidable emergency in which human life, health, or public property is in jeopardy, an emergency proposal to repair the subject sewer main is necessary and authorized. An exceptional situation is declared requiring the waiver of competitive bidding. Section 2: The proposal from Vortex Services, LLC, for the Emergency Sanitary Sewer Replacement, Between Manholes M006-0940 to M006-0930, Project No. 25-07-C1 is hereby approved. 185  Section 3: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute the emergency proposal with Vortex Services, LLC in the amount of $316,510.50. PASSED AND APPROVED THIS _____ DAY OF AUGUST 2025. ATTEST: APPROVED: _____________________ _______________________ Sherri Gard, City Clerk George McGill, Mayor Approved as to form: _______________________ City Attorney 186  COST PROPOSAL TABULATION SHEET Project Name Emergency Sanitary Sewer Rehabilitation, M006-0940_M006-0930 Project Number: 25-07-C1 Cost Proposal Received Contractor Cost Proposal Forsgren,Inc. $1,391,969.00 Patriot Utilities $969,787.00 Vortex Services LLC $316,510.50 187 PROJECT 25-07-C1 LOCATION MAP 188 Below are photos of City of Fort Smith Water Utilities vacuuming Manhole (MH006-0945) at regular intervals to prevent overflow. 189  PROPOSAL EST # 1001073125 DATE: 8/12/25 VORTEX SERVICES, LLC 18150 Imperial Valley Drive Houston, Texas 77060 TO: Lance McAvoy PROJECT: City of Ft Smith Director of Water Utilities Leigh Ave Emergency CIPP & PR City of Ft. Smith Line Estimator SITE CONDITIONS / HOST Pipe Material Job payment terms Proposal Good Thru Depth JRB ROW <12 feet FTSMLeigh NET 30 10/11/25 ITEM DESCRIPTION OF ITEM EST. UNIT UNIT PRICE TOTAL NO. QUANTI AMOUNT TY CIPP 1 Mobilization Per Occurance - CIPP 1 EA $10,725.00 $10,725.00 2 8” CIPP Sanitary Sewer Line - 3.6mm UV cured Liner 400 LF $93.00 $37,200.00 3 Reinstate services 15 EA $286.00 $4,290.00 4 Mechanical Cleaning - Potential Root Removal 2 HR $644.00 $1,288.00 5 Bypass (using 2-3" pump and 500ft of Layflat) 1 LS $7,150.00 $7,150.00 6 Water Meter 1 EA $1,000.00 $1,000.00 7 Water Meter Usage, per CCF 1 CCF $7.50 $7.50 8 Traffic Control 1 EA $30,000.00 $30,000.00 Point Repairs 9 Point Repair of 8" Sanitary Sewer Line, not to exceed 10LF 1 LS $65,000.00 $65,000.00 10 PreCCTV 400 LF $15.00 $6,000.00 11 Bonds & Insurance 1 LS $4,850.00 $4,850.00 Alternate Items (if needed and authorized by the city) A1 Mobilization Per Occurance- Point Repairs 1 EA $15,000.00 $15,000.00 Additional footage of point repair of 8" Sanitary Sewer Line, over 10LF, billed per A2 20 LF $6,700.00 $134,000.00 LF TOTAL BASE $316,510.50 ESTIMATE: SEE TERMS AND CONDITIONS ATTACHED Page 1 of 2 190  Line Estimator SITE CONDITIONS / HOST Pipe Material Job payment terms Proposal Good Thru Depth JRB ROW <12 feet FTSMLeigh NET 30 10/11/25 ITEM DESCRIPTION OF ITEM EST. UNIT UNIT PRICE TOTAL NO. QUANTI AMOUNT TY - Quantity is based on information provided by the Customer and may vary based on field measurements to be verified by Contractor - Owner is responsible for authorizing any Point repairs,if required, prior to lining based on above line items - The Owner will provide access to both ends of the line and any potential point repairs that may be required prior to the lining operation. - If preliminary video inspection of the pipe interior indicates excessive damage, or other extra-ordinary condition, which will require excavation, or other extraordinary remedy, to prepare the pipe for installation of the CIPP, then those services will be provided by the Owner. This will include excessive roots, excessive debris, pipeline sags and protruding taps. - Additional cleaning and televising mobilizations and/or setups due to point repairs, obstruction removals, or delays out of our control will be an additional charge - Installation of cleanouts, or other ports, if required for special bypass pumping requirements for businesses - Contractor reserves the right to modify prices with written notice at any time during construction or until execution of formal contracts - No one item may removed or excluded from this proposal. In the event quantities vary by more than 25%, Vortex reserves the right to revise pricing. - EXCLUSIONS - Items NOT included in quote unless expressly noted: *Sag Removal *Manhole Removal/Replacement or Coatings *Point Repairs, Grading/Elevation Changes or Static Burst *Shoring or Excavations over 10 feet deep *Dewatering *Heavy Bypass Pumping beyond 4" Pump and Layflat *Bypass pumping of any laterals that may be required *Surface Restoration / Paving *Select Backfill (Flowable, Cement Stabilized, etc.) *Pre or Post Television Inspection and Cleaning *Mechanical Pipe Cleaning or De-Beading *Vibration Monitoring or Testing (Air, Smoke, Compaction, Deflection, etc.) *Surveying or Site Clearing *Spoil Haul Off, Unsuitable Backfill or Asbestos Abatement *Utility Relocates or Utility Pole Bracing *SWPPP, Temporary Sediment or Erosion Control *Bonds, Permits, Sales Tax, OCP, Additional Insurance Requirements (if additional items are needed beyond already established with contract) NO RETAINAGE SHOULD BE WITHELD FROM CONTRACTOR PAYMENT WITHOUT PRIOR WRITTEN CONTRACT. THIS QUOTE TO BE INCLUDED IN ANY SUBCONTRACT NOTE: The Customer shall be responsible for providing: - Access to jobsite and hydrants - Paving required for Surface Restoration - All Permits and Permissions which may be necessary (Federal, State, Local, etc.) - Any Utility Relocation Necessary to Provide Adequate Working Space - In the Event Existing Utilities Prevent CIPP from being Performed, Customer Shall Pay additional Mobilization/Demobilization When CIPP is required to negotiate bends or defects in the host pipe, there is a tendency to experience wrinkling in the installed CIPP around the inside radius of the bend or in the area where the host pipe defect is located. This is normal and should be expected. It will not affect the structural integrity of the finished product. Vortex Services, LLC or its subcontractors will not be liable for repairs or penalties due to wrinkles in the CIPP at the locations of bends or defects in the host pipe. Thank You for the Opportunity to Quote Your Work Name: Jedidiah Brewer Title: Regional Vice President Signature: Date: 8/12/25 Page 2 of 2 191  12A MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors CC: Andy Richards, Chief Financial Officer FROM: Jeff Dingman, Acting City Administrator DATE: August 14, 2025 SUBJECT: Resolution supporting trail construction project in Chaffee Crossing SUMMARY The City of Fort Smith, through the City Administrator and subject to approval of the City's Board of Directors, agreed in 2023 to participate with the Arkansas Colleges of Health Education, ArcBest Corporation, and the Fort Chaffee Redevelopment Authority in the construction of a publicly accessible pedestrian/bicycle path to provide interconnection to various public and private trails and amenities in and around the ACHE and ArcBest campuses at Chaffee Crossing. Funds for such participation were included in the City of Fort Smith’s FY2024 budget as part of the 2024 Parks & Recreation Capital Improvement Program funded by the 1/8-cent sales and use tax for parks capital improvement, which was duly authorized and approved by the City’s Board of Directors by Ordinance No. 104-23, but inadvertently not carried forward to the FY2025 budget for project completion. ACHE has developed and constructed the ACHE Roberts Connection Trail (“Trail”). The trail is substantially complete and includes approximately 2,200 feet of trail connecting Celebration Park and its internal trail system to public right-of-way at Roberts Blvd. It further connects Roberts Blvd to the FCRA trail, the Chad Colley trail, the ArcBest campus trail system, and other Chaffee Crossing and Sebastian County trails that connect to Ben Geren Park. The trail utilizes approximately 550' of access easement favoring the city's access to a parcel it owns it the area, but that easement also needs to incorporate access by the public for use as a trail. The attached Trail Easement Grant satisfies that need and justifies the city's expense to improve this portion of the trail. For the Board's consideration at the August 19 regular meeting is a resolution accepting dedication of the public trail easement, approving carryover of unexpended 2024 Parks CIP funds dedicated for ACHE Trail Contribution to the 2025 Parks CIP Budget, and authorizing the reimbursement to the Arkansas Colleges of Health Education in the amount of $150,000 for construction of the trail on the public trail access easement portion of this project. This action facilitates Goal TI-1 of the FFS Comprehensive Plan (Improve access and connectivity through enhancements to all modes of transportation). Please contact me if you have questions about this agenda item. Board of Directors Staff Report August 19, 2025 192  ATTACHMENTS 1. 20250819_Resolution_-_ACHE_Trail_at_Chaffee_Crossing_-_City_Participation.pdf 2. 20250806 Trail Easement Grant by ACHE KDP signature to CFS 08.06.2025.pdf FISCAL IMPACT: $150,000.00 BUDGET INFORMATION: Budgeted (Carryover from FY2024 Parks CIP) / Parks & Recreation - 1/8% Sales and Use Tax Board of Directors Staff Report August 19, 2025 193  12A RESOLUTION NO. ____________ RESOLUTION ACCEPTING DEDICATION OF A PUBLIC TRAIL EASEMENT; APPROVING CARRYOVER OF UNEXPENDED 2024 PARKS CIP FUNDS DEDICATED FOR ACHE TRAIL CONTRIBUTION TO THE 2025 PARKS CIP BUDGET; AUTHORIZING REIMBURSEMENT TO ARKANSAS COLLEGES OF HEALTH EDUCATION IN THE AMOUNT OF $150,000; AND FOR OTHER PURPOSES WHEREAS, the City of Fort Smith, through its Administration and subject to approval of the City’s Board of Directors, agreed in 2023 to participate with the Arkansas Colleges of Health Education (“ACHE”), ArcBest Corporation, and the Fort Chaffee Redevelopment Authority in the construction of a publicly accessible pedestrian/bicycle path to provide interconnection to various public and private trails and amenities in and around the ACHE and ArcBest facilities at Chaffee Crossing; and WHEREAS, funds for such participation were included in the City of Fort Smith’s FY2024 budget as part of the 2024 Parks & Recreation Capital Improvement Program funded by the 1/8- cent sales and use tax for parks capital improvement, which was duly authorized and approved by the City’s Board of Directors by Ordinance No. 104-23, but inadvertently not carried forward to the FY2025 budget for project completion; and WHEREAS, ACHE has developed and constructed the ACHE Roberts Connection Trail (“Trail”), which is approximately 2,200 feet of trail connecting Celebration Park and its internal trail system to public right-of-way at Roberts Blvd, and further connecting Roberts Blvd to the FCRA trail, the Chad Colley trail, the ArcBest campus trail system, and other Chaffee Crossing and Sebastian County trails that connect to Ben Geren Park; and WHEREAS, construction of the Trail is substantially complete; and WHEREAS, the ACHE is the owner of the real property on which the Trail is located and desires to grant a permanent public trail access easement with respect to a portion of the Trail to the City of Fort Smith for public trail purposes; and WHEREAS, the City desires to reimburse a portion of the construction cost of the Trail in exchange for receipt of the permanent public trail access easement covering same. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas, that: Section 1. The attached public Trail Easement Grant from Arkansas Colleges of Health Education for the dedication of real property interests described therein is hereby accepted. 194  Section 2. The carryover of $150,000 in Parks Capital Improvement Funds from the FY2024 budget to the city’s FY2025 budget is hereby approved. Section 3. The City Administrator and the City Attorney are hereby authorized to take any and all reasonable action to complete the acceptance of the Trail Easement Grant of real property interest as identified in Section 1 above. Section 4. The City Administrator is hereby authorized to issue payment of up to $150,000 to the ACHE as reimbursement toward the construction of a portion of the Trail and for acquisition of the public Trail Easement Grant identified in Section 1 above. ADOPTED THIS ____ day of August, 2025. APPROVED: __________________________ MAYOR ATTEST: _______________________ CITY CLERK Approved as to Form: ___________________________ City Attorney, NPR 195 196 197 198 199 200  12B MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Andrew Richards, Chief Financial Officer DATE: August 4, 2025 SUBJECT: Change Order No. Three - Dale Crampton Company Roofing Agreement SUMMARY On July 23, 2024, the Board of Directors approved Ordinance No. 69-24 authorizing a contract with Quality Roofing Contractors of Southeast Missouri, Inc. d/b/a Dale Crampton Company for roof repairs of thirty-eight (38) city owned buildings which damaged in the hailstorm of April 2023. Work commenced on August 13, 2024. Change Order No. 1 to the contract was approved under R-57-25 which added an additional building to the contract. Change Order No. 2 was approved under R-73-25 which added additional material for the Convention Center roof. At this time, Change Order No.3 is necessary to add weather delay days and holidays into the overall contract time. Additional time is needed due to no-work resulting from inclement weather including both precipitation and temperatures of 40 degrees or below. See attached Work Schedule for reference. Both parties agree to the addition of ninety (90) days to the contract total. The revised substantial completion date will be November 28, 2025. There is no change to the contract price. Should you, or any members of the Board, have any questions or need additional information, please let me know. BUDGET INFORMATION: Not budgeted - Insurance Proceeds Attachment: Dale Crampton Work Schedule Change Order No. 3 ATTACHMENTS 1. 08-19-2025_Item_2042_Finance_Resolution_Change_Order_No._3.pdf 2. 08-19-2025_Item 2042_Finance_ Change Order No. 3.pdf 3. 08-19-2025_Item 2042_Finance_ Dale Crampton NO WORK Schedule.pdf FISCAL IMPACT: time only - additional 90 days Board of Directors Staff Report August 19, 2025 201  12B RESOLUTION NO. ________________ RESOLUTION AUTHORIZING CHANGE ORDER NO. THREE TO THE CONTRACT WITH DALE CRAMPTON COMPANY BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS THAT: SECTION 1: Change Order No. Three to the contract with Dale Crampton Co. for roofing services for the repair of hail damage to multiple City of Fort Smith buildings is hereby approved. SECTION 2: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute Change Order No. Three with Dale Crampton Co., for the addition of ninety (90) weather delay days to the contract for repair to the roofs of City buildings. PASSED AND APPROVED THIS ______ DAY OF _____________, 2025. APPROVED: ___________________ Mayor ATTEST: __________________ City Clerk APPROVED AS TO FORM: _______________________ City Attorney 202 203  DALE CRAMPTON - CITY OF FORT SMITH ROOF REPAIR CALENDAR 2024 2024 2024 2024 2024 2025 2025 2025 2025 2025 2025 2025 NO WORK DAYS AUGUST SEPT OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE JULY 1 X 2 X X 3 X X 4 X X X X X 5 X X X 6 X X X X X X 7 X X X 8 X X X 9 X 10 X X X 11 X X X X 12 X X X X X X X 13 X X X X X 14 X X 15 X 16 X 17 X X 18 X X X X 19 X X X X 20 X X 21 X X 22 X 23 X X 24 X X X 25 X X 26 X X X X 27 X X 28 X X 29 X X X X 30 X X X X 31 X X X TOTAL DAYS NOT WORKED 4 4 2 7 9 20 11 3 9 9 7 5 90 204  12C MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 7, 2025 SUBJECT: Highway 45 Utility Relocation, Project 19-12-C1 Easement Acquisition SUMMARY The Arkansas Department of Transportation (ArDOT) is in the acquisition phase to widen and realign State Highway 45 from the Intersection with U.S. Highway 71 to the Intersection with State Highway 255. With this project, ArDOT will require the City of Fort Smith Utility Department, along with other utilities, to move their facilities outside the proposed right-of-way (ROW) and will reimburse the actual expenses directly incurred by the Utility Department due to ArDOT’s project. This project is reimbursed at the rate of 94.8%. The project requires acquisition of two (2) water utility easements and one (1) sewer utility easements. As the project progresses, should design changes be needed, additional easements may be required. The City’s appraiser completed the necessary appraisals, copies of pertinent pages of each are attached for your review. Staff will be offering the amounts shown in the table below for the required water and sewer utility easement. Tract Parcel Number Appraised Value 14000-0001-00000-02 (Water 6 Easement) $1,200.00 14000-0002-00000-02 8 (Water/Sewer Easement) $1,500.00 $2,700.00 In the event the named landowner declines to grant the easement, staff recommends the city attorney be allowed to move forward under eminent domain to obtain the easement. To keep construction on schedule, staff recommends approval of the attached Resolution, which includes authorizing the city administrator and city attorney to proceed with eminent domain actions to acquire the needed water and sewer utility easement. As always, representatives of the city will continue to negotiate with the property owners to reach a mutually agreeable settlement. Board of Directors Staff Report August 19, 2025 205  Affected properties owners were notified by mail of the Board meeting date, time and location; copies of notices are included for review. If you or members of the Board have any questions or desire additional information, please let me know. ATTACHMENTS 1. 8-19-25_Item_ID_2055_Resolution_Utilities.pdf 2. 8-19-25 Item ID 2055 Attachment Utilities.pdf FISCAL IMPACT: $2,700.00 BUDGET INFORMATION: Budgeted / Water Utilities - 2018 Revenue Bonds Board of Directors Staff Report August 19, 2025 206  12C RESOLUTION NO. ____________ RESOLUTION AUTHORIZING ACQUISITION OF WATER LINE AND SEWER LINE EASEMENTS IN CONNECTION WITH THE HIGHWAY 45 UTILITY RELOCATION, PROJECT NO. 19-12-C1 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following appraised values for the acquisition of water line and sewer line easements for the construction of the Highway 45 Utility Relocation, Project Number 19-12-C1, are hereby approved, and acquisition of the easements for the amounts listed are hereby authorized: Tract No. Parcel Number Owner Appraised Value 6 14000-0001-00000-02 Miller Investments $1,200.00 8 14000-0002-00000-02 Grand Plaza Inc. $1,500.00 $2,700.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 207  SECTION 3: 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 easements herein described and make deposits of just compensation of the appraised values of the easements listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of August 2025. APPROVED: ________________________________ Mayor Attest: ___________________________________ City Clerk APPROVED AS TO FORM: _____________________________npr 208 209  ESTIMATED MARKET VALUE LOSS DUE TO A 2,536 SF PERMANENT WATER UTILITY EASEMENT CITY PROJECT NO. 19-12-ED1 TRACT # 6 ARDOT’s TRACT #23 MILLER INVESTMENTS GROUP, LP PROPERTY OWNER Northwest Corner of Highway 45 South and Harper Avenue Lot 2 of the Replat of part of Tract 1, Industrial Park South No. 3, an addition to the City of Fort Smith, Sebastian County, Arkansas for the CITY OF FORT SMITH by TOMMY M. MATTHEWS, MAI SRA REAL ESTATE APPRAISER P. O. BOX 3176 LITTLE ROCK, AR 72203 as of JULY 9, 2025 1|Page 210  Tommy M. Matthews, MAI SRA Real Estate Appraiser 501-412-4206 matthewsmai@yahoo.com July 14, 2025 Mr. Chad Bethel Real Property Manager Utilities Department CITY OF FORT SMITH 801 Carnall Avenue, Suite 500 Fort Smith, AR 72904 RE: Summary Appraisal Report of a market value loss due to a proposed Permanent Waterline Easement to be located on the +/- 2.97 Acre vacant tract at the northwest corner of Highway 45 South and Harper Avenue, Fort Smith, Arkansas. Miller Investments Group LP, property owner. Mr. Bethel: At your request, I have prepared an appraisal report on the aforementioned property before and after a proposed permanent water utility easement. The City will be relocating service lines, which were acquired in the Arkansas Highway Department’s fee acquisition for the widening of Highway 45 South, onto the Remainder site (area net of ArDOTs fee acquisition). The value loss is based on the highway acquisition being acquired and the highway improvements complete. This is a hypothetical condition of the report but a client instruction. The easements existing on the site before will be discussed but are not an appraisal factor since the value loss is based on the Remainder After the Highway Fee acquisition. The Water Utility Easement will contain 2,536 SF. This is a permanent easement and is described in the attached appraisal report The Highway widening improvements are not complete as of the effective date of this appraisal. The utility easement which is the subject of this report is proposed but may be referred to as the easement in the report. Not knowing all the details of the State’s highway acquisition and the relocation of other easements to the remainder, several assumptions had to be made regarding the Highway Department’s remainder property. These will be addressed in the Extraordinary Assumptions in the attached report. 2|Page 211 The proposed Permanent Waterline Easement is irregular in shape and will run along the west side of the existing water and sewer easements. There is a diversion in the existing waterline easement and highway R/W near the northeast corner due to the expansion of existing drainage under the highway at this point. Since the building set back requirement is from the highway R/W, there is little area in the proposed easement outside the 25’ building setback. The area slightly within the building setback is in the southeast corner of the tract and a very unlikely area for a building. However, the easement encroachment into building area will be considered. Based on my inspection of the property, it appears that a waterline easement, sewer easement, AOG easement and overhead power line easement were on the tract prior to the Highway widening. These easements were not noted on the Utility Easement Exhibit and are only an assumption by the appraiser. Since these easements are not on the highway widening remainder, they are not a part of my Before value estimate. However, the Water and Sewer Easements on the Highway Department’s Remainder (from my previous appraisal) will be considered in the Before valuation of the of the tract. Since my appraisal is based on the valuation loss due to the proposed utility easement on the Highway Department’s remainder, it is “as if” the highway right-of-way was acquired and any damaged improvements removed, modified or replaced and any damages rectified by ArDOT. There appear to be no improvements in the highway right- of-way acquisition or the proposed utility easement area other than possible existing utility improvements. Eminent Domain appraisals for the City of Fort Smith are based on the Federal Rule which is an “immediately before” and an “immediately after” method. This method is hypothetical but is the required method of appraisal for a Permanent Easement. Since the proposed acquisition is an easement, the land area of the subject will not be reduced but the land will be subject to the permanent easement restrictions. The Before value estimate is typically “as is” as of the effective date of this appraisal, but at the client’s request, is valued “as if” the highway improvements were complete. An After value is based on any improvements on the property affected being replaced in at least equal condition. There are no known improvements on the tract. Any inconvenience, noise, interruption of business etc. are not taken into consideration by the real estate appraiser valuing the loss in market value. Enhancement due to the highway widening is included in my Before Value Estimate since the appraisal is “as if” the highway was four lane and the subject considered superior to two-lane sales. The same utilities existing on the tract before the highway widening were also not taken into consideration since this is a new easement on the Highway Department’s remainder. The value loss from the Permanent Easement acquisition is contingent on any improvements and ground area affected by the construction of the waterline improvements will be returned to at least equal condition as before the easement acquisition. See Extraordinary Assumptions in the body of the report. 3|Page 212 I previously prepared an appraisal on this property with an effective date of July 15, 2021 and a report date of July 20, 2021. The purpose of that report was to estimate a market value loss due to a permanent water and sewer utility easement along the new highway right-of-way. These easements have been purchased by the City and are a part of the Before Value of the tract valued in this report. The proposed easement will run along the west side of the previously purchased water and sewer easements. The purpose of the proposed utility easement is to expand the existing waterline easement when relocating the existing waterline and sewer line inside the tract after the highway right-of-way has been acquired. These easements are for service (not transmission) uses, will be water and sewer service to other users and thus, not a specific enhancement to the subject property. The intended use of this appraisal is for negotiations between the City of Fort Smith and the property owner regarding the purchase of the Permanent Waterline Easement. The only intended user of this report is the City of Fort Smith. It is understood that the property owner will have access to this report but is not an intended user. No others are considered intended users of this report. The scope of the appraisal (which will be discussed in the report) is to provide you, the client, with a narrative appraisal report which conforms to the requirements of the Uniform Standards of Professional Appraisal Practice. The whole property and remainder property were analyzed to determine if there would be any damages to the remainder outside the proposed easement area due to the acquisitions. Any loss in value is a damage to the remainder since the property encumbered with the easements is the remainder whole property. It was determined there are no damages to the remainder site outside the easement with any loss in value being confined to the easement. The method of appraising the property was to search the market for data which could be compared to the subject property to estimate value. All three approaches to value, the Cost Approach, the Income Approach and the Direct Sales Comparison Approach, were considered. Only the Direct Sales Comparison Approach was processed in valuing the subject site. I have relied on construction plans, maps and legal description by the Engineers, ArDOT plans, City and County data and aerial photography to assist me in viewing the site and easement area. After an inspection and analysis of the subject property, the subject neighborhood and relevant market data, it is my opinion that the market value loss of the subject due to the proposed permanent waterline easement as of July 9, 2025 is as follows: MARKET VALUE LOSS DUE TO A PERMANENT UTILITY EASEMENT $1,200 4|Page 213 Since the value loss estimate of the permanent easement is based on the “immediately before” and “immediately after” scenario, there is no loss estimated for inconvenience, loss of business, noise, etc. The City will have the right to enter the easement area in case of any required maintenance on the lines, which is a very rare occurrence, especially on a new line. The City also retains the right to replace the waterline line in the future, but the easement is not a license to install other utilities by the City or other utility companies. Your attention is directed to the following appraisal report which sets forth my descriptions, analysis and conclusions as to the final value estimate with the location and physical description of the subject property being more specifically defined. Respectfully submitted, Tommy M. Matthews, MAI SRA Certified General License #CG0488 5|Page 214  ESTIMATED MARKET VALUE LOSS DUE TO A 1,108 SF PERMANENT WATER & SEWER UTILITY EASEMENT CITY PROJECT NO. 19-12-ED1 TRACT # 8 Part of ArDOT’s TRACT #22 GRAND PLAZA, INC. PROPERTY OWNER Northwest Corner of Highway 45 South and Ayers Road Part of Tract 2, Industrial Park South No. 3, an addition to the City of Fort Smith, Sebastian County, Arkansas for the CITY OF FORT SMITH by TOMMY M. MATTHEWS, MAI SRA REAL ESTATE APPRAISER P. O. BOX 3176 LITTLE ROCK, AR 72203 as of JULY 12, 2025 1|Page 215  Tommy M. Matthews, MAI SRA Real Estate Appraiser 501-412-4206 matthewsmai@yahoo.com July 15, 2025 Mr. Chad Bethel Real Property Manager Utilities Department CITY OF FORT SMITH 801 Carnall Avenue, Suite 500 Fort Smith, AR 72904 RE: Summary Appraisal Report of a market value loss due to proposed Permanent Water & Sewer Easement to be located on +/- 3.1 Acres (after ArDOT fee acquisition) at the northwest corner of Highway 45 South and Ayers Road, Fort Smith, Arkansas. Grand Plaza, Inc., property owner. Mr. Bethel: At your request, I have inspected and prepared an appraisal report on the aforementioned property before and after a proposed Permanent Water and Sewer Easement extension. The City will be relocating a water and sewer line onto the remainder after the Arkansas Highway Department’s fee acquisition for the widening of Highway 45 South. The ArDOT (Arkansas Department of Transportation) combined both Grand Plaza tracts together (ArDOT Tract #22) even though they have separate legal descriptions. The engineers for the City and the county taxing authority have divided these tracts. The tracts as divided are correct for appraisal purposes since the tracts are subdivided with their own legal description. This division does not meet the individual use as the Larger Parcel requirement of unity of use. The ARDOT indicates the Fee Acquisition at 0.39 acres as one tract. The estimate of the remainder of the separate tracts is made by the appraiser via scaling and deriving a percentage of the remainder ascribed to each tract. ArDOT indicates that the two tracts together contain 9.97 acres. Tax records indicate 8.44 acres. My scaling of the tax map indicates +/- 8.6 acres. Since the ARDOT did not separate the tracts, I have relied on the Tax Records and the County’s estimate of 8.44 acres and the division of the tracts into 5.13 Acres for Tract #7 and 3.31 Acres for the subject Tract #8. Please note that the value for the whole property is based on a value per square foot and the size difference would not affect my estimate of value per square foot. The loss in value is based on this value per square foot; thus, the estimated value loss will not be affected by the estimated size differences. 2|Page 216 I previously prepared an appraisal on this property with an effective date of July 15, 2021 and a report date of July 20, 2021. The purpose of that report was to estimate a market value loss due to a permanent water and sewer utility easement along the new highway right-of-way. These easements have been purchased by the City and are a part of the Before Value of the tract valued in this report. The proposed easement will run along the west side of the previously purchased water and sewer easements. The purpose of the proposed utility easement is to expand the existing water and sewer easement when relocating the existing waterline and sewer line inside the tract after the highway right-of-way has been acquired. These easements are for service (not transmission) uses, will be water and sewer service to other users and thus, not a specific enhancement to the subject property. The value loss is based on the highway acquisition being acquired and the highway improvements complete. This is a hypothetical condition of the report but a client instruction. The easements existing on the site before will be discussed but are not an appraisal factor since the value loss is based on the Remainder After ArDOT’s fee acquisition. The Permanent Water and Sewer Utility Easement will contain 1,108 SF and is an extension of the 9,748 SF Water and Sewer Easement already acquired by the City. The easements are described in the attached appraisal report The Highway widening improvements are not complete as of the effective date of this appraisal. The utility easement which is the subject of this report are proposed but may be referred to as the easement in the report. Not knowing all the details of the State’s highway acquisition and the relocation of other easements onto the remainder, several assumptions had to be made regarding the Highway Department’s remainder property. Based on my inspection of the property, it appears that a waterline easement, a sewer easement and an overhead power line easement were on the tract prior to the Highway widening. These will be addressed in the Extraordinary Assumptions in the attached report. The proposed Permanent Water and Sewer Easement will be 14’ wide, will be adjacent to the west side of the existing Water and Sewer Easement and run north from the Ayers Road R/W +/- 80’. The purpose of the proposed utility easement is to expand the existing water and sewer easement necessary for the installation of the water and sewer lines. Since my appraisal is based on the valuation loss due to the proposed utility easement on the Highway Department’s remainder, it is “as if” the highway right-of-way was acquired and any damaged improvements removed, modified or replaced and any damages rectified by ArDOT. There appear to be no improvements in the highway right- of-way acquisition or the proposed utility easements other than possible existing utilities. 3|Page 217 Eminent Domain appraisals for the City of Fort Smith are based on the Federal Rule which is an “immediately before” and an “immediately after” method. This method is hypothetical but is the required method of appraisal for the Permanent Easements. Since the proposed acquisition is an easement, the land area of the subject will not be reduced but the land will be subject to the permanent easement restrictions. The intended use of this appraisal is for negotiations between the City of Fort Smith and the property owner regarding the purchase of the Permanent Water and Sewer Easement. The only intended user of this report is the City of Fort Smith. It is understood that the property owner will have access to this report but is not an intended user. No others are intended users of this report. The Before value estimate is typically “as is” as of the effective date of this appraisal, but at the client’s request, is valued “as if” the highway improvements were complete. An After value is based on any improvements on the property affected being replaced in at least equal condition. There are no known improvements on the tract. Any inconvenience, noise, interruption of business etc. are not taken into consideration by the real estate appraiser valuing the loss in market value. Enhancement due to the highway widening is included in my Before Value Estimate since the appraisal is “as if” the highway was four lanes and the subject considered superior to two lane sales. The same utilities existing on the tract before the highway widening were not taken into consideration since this is a new easement on the Highway Department’s remainder. However, the Water and Sewer Easements acquired by the City on the Remainder Tract are taken into account. The value loss from the Permanent Easement acquisition is contingent on (1) reasonable access will be allowed to the property if interrupted by the construction within the utility easement (even though the easement is on an Immediately Before and an Immediately After method) and (2) any improvements and ground area affected by the construction of the water and sewer line improvements will be returned to at least equal condition as before the easement acquisition. See other Extraordinary Assumptions in the body of the report. The property was inspected on July 12, 2025. Previous inspections for the existing water and sewer easement were on January 26, 2021 and July 15, 2021. The effective date of this appraisal is July 12. 2025, the date the site inspection. The inspection was of the site and the proposed easement area from the street without the property owner. I have relied on construction plans, maps and legal description by the Engineers, ArDOT plans, City and County data and aerial photography to assist me in viewing the site and easement area. The method of appraising the property was to search the market for data which could be compared to the subject property to estimate value. All three approaches to value, the Cost Approach, the Income Approach and the Direct Sales Comparison Approach, were considered. Only the Direct Sales Comparison Approach was processed in valuing the subject site. 4|Page 218 The scope of the appraisal (which will be discussed in the report) is to provide you, the client, with a narrative appraisal report which conforms to the requirements of the Uniform Standards of Professional Appraisal Practice. The whole property and remainder property were analyzed to determine if there would be any damages to the remainder outside the proposed easement area due to the acquisition. It was determined there are no damages to the remainder site outside the easement with any loss in value being confined to the easement area. The area of the easement within the building setbacks (front, side and street side) and outside the building setbacks can result in different value losses and will be addressed in the appraisal report. After an inspection and analysis of the subject property, the subject neighborhood and relevant market data, it is my opinion that the market value loss of the subject due to the proposed permanent water and sewer easement as of July 12, 2025 is as follows: PERMANENT UTILITY EASEMENT $1,500 Since the value loss estimate of the permanent easement is based on the “immediately before” and “immediately after” scenario, there is no loss estimated for inconvenience, loss of business, noise, etc. The City will have the right to enter the easement area in case of any required maintenance on the lines, which is a very rare occurrence, especially on a new line. The City also retains the right to replace the water and/or the sewer line in the future but the easement is not a license to install other utilities by the City or other utility companies. Your attention is directed to the following appraisal report which sets forth my descriptions, analysis and conclusions as to the final value estimate with the location and physical description of the subject property being more specifically defined. Respectfully submitted, Tommy M. Matthews, MAI SRA Certified General License #CG0488 5|Page 219 Project Name: Hwy 45 Utility Relocation Project #: 19-12-ED1 Tract #: 6 June 9, 2025 WATER UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Miller Investment Group, L.P., (herein “GRANTOR” whether one or more) for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fort Smith, Arkansas, a municipal corporation, (herein “GRANTEE”), its agents, contractors, successors and assigns, a permanent and perpetual right of way and easement (the “Easement”) for the construction, operation, and maintenance of WATER UTILITY FACILITIES with all appurtenances thereto, including but not limited to fire hydrants, valve and meter boxes, air/vacuum release stations, distribution lines, service lines, etc., together with the right to remove trees, brush, undergrowth or other obstructions interfering with construction, operation and maintenance of said WATER UTILITY FACILITIES over, under and upon the following lands situated in the County of Sebastian, State of Arkansas, to wit: An easement crossing part of Lot 2 of the Replat of part of Tract 1, Industrial Park South No. 3, an addition to the City of Fort Smith, Sebastian County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said Lot 2, on the Northern right-of-way of Harper Avenue; thence along said Northern right-of-way the following three (3) courses: S88˚56’30”E 24.73’; thence 141.52’ along a curve to the left, said curve having a radius of 570.00’ and being subtended by a chord bearing and distance of N83˚56’44”E 141.16’; thence N76˚50’00”E 44.10’ to the Western line of an existing City of Fort Smith Water and Sewer Easement (filed for record in Doc. #2022-06876); thence along said Westen easement line N18˚55’08”E 16.15’ to the Point of Beginning; thence N13˚10’01”W 31.35’; thence N05˚42’44”W 133.42’; thence N13˚08’33”W 291.50’to the Westerly line of an existing City of Fort Smith Water Utility Easement (filed for record in Doc. #2022-06875); thence along said Westerly easement line the following four (4) courses: S65˚04’39”E 6.81’; thence S08˚34’25”E 54.80’; thence S13˚52’38”E 219.53’; thence S12˚10’30”E 147.20’ to the West line of said existing City of Fort Smith Water and Sewer easement; thence 220  along said West easement line S18˚55’08”W 34.97’ to the Point of Beginning, containing 2,536 square feet or 0.06 acres more or less. See Exhibit A attached hereto and hereby made a part of this instrument. With the right of ingress and egress to and from the same. TO HAVE AND TO HOLD said Easement unto GRANTEE, its successors and assigns, forever. GRANTOR shall have the right to use the surface of the property above described; provided, that GRANTOR shall not interfere with or impair, or permit others to interfere with or impair in any way, the use thereof by GRANTEE, nor construct any building, structure, reservoir, pond or other improvement or make any excavation or place any obstruction on, across, over, or through the Easement area. GRANTEE shall have the right to install permanent gates within the Easement at existing and future fence lines in order to exercise all rights of ingress and egress to the Easement. GRANTOR shall provide gates acceptable to GRANTEE if said Easement area, or portion thereof, is fenced by GRANTOR. GRANTEE, its agents, contractors, successors and assigns, shall have the right, at GRANTEE’S option and at any time, to remove, abandon in place, sever or fill any existing or to be constructed water utility facilities, including pipes no longer needed by GRANTEE situated on the foregoing property, or any adjoining lands owned by the GRANTORS. After completion of construction, GRANTEE shall restore the surface of the land, in the Easement area, in as good or better condition that existed immediately prior to GRANTEE’S activities on said lands. The consideration paid by GRANTEE is received and accepted by GRANTOR in full satisfaction of every right hereby conveyed. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and possessed of the real estate above described and that GRANTOR has a good and lawful right to convey the same or any part thereof. It is hereby understood that party securing this grant on behalf of GRANTEE is without authority to make any covenant or agreement not herein expressed. WITNESS our hands and seals on this _____ day of _________, 20_____. Miller Investment Group, L.P. By: Name: Title: _____________________________________ 221  ACKNOWLEDGEMENT STATE OF § § COUNTY OF § The foregoing instrument was acknowledged before me this ______ day of ___________, 20_____, by , as _______ of , a/an who signed the foregoing instrument and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed and in the capacity therein stated, for the uses and purposes therein set forth, on behalf of said Grantor. Witness my hand and official seal. Notary Public, State of ____________________ My Commission Expires: _______________ (Seal) My Commission Number: _______________ 222  Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com 223 Project Name: Hwy 45 Utility Relocation Project No. 19-12 Tract No. 8 June 16, 2025 WATER AND SEWER UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Grand Plaza Inc. their heirs, successors, and assigns, hereinafter referred to as (“GRANTOR”), whether one or more for and in consideration of the sum of one dollar ($1.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fort Smith, Arkansas, a municipal corporation, its agents, successors, and assigns, hereinafter referred to as (“GRANTEE”), an exclusive permanent easement for the construction, operation, and maintenance of public (GRANTEE owned) water and sewer utilities with all appurtenances thereto, together with the right to remove trees, brushes, undergrowth or other obstructions interfering with construction, operation and maintenance of said water and sewer utilities over, under, upon and through the following lands situated in Fort Smith, Sebastian County, State of Arkansas, to wit: An easement crossing part of Tract 2 of Industrial Park South No. 3 an addition to the City of Fort Smith, Sebastian County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said Tract 2, said point being the intersection of the Northerly right-of-way of Ayers Road (60’ right-of-way)and the Easterly right- of-way of a railroad spur (40’ right-of-way); thence N76˚43’40”E 368.99’, along said Northerly right-of-way of Ayers Road; thence continuing along said right-of- way along a curve to the left having a central angle of 16˚49’03” and a radius of 378.22 to a point subtended by a chord bearing and distance of N68˚19’09”E 110.62’ to the Point of Beginning; thence N31˚30’09”W 80.05’; thence N58˚29’51”E 14.00’ to the West line of an existing City of Fort Smith Water and Sewer Easement (filed in Doc. #2022-30394); thence along said West easement line S31˚30’09’E 74.18’; thence continuing along said West easement line S06˚08’25”W 7.56’ to said Northerly right-of-way of Ayers Road; thence along said right-of-way S58˚38’00”W 0.95’; thence continuing along said right-of-way along a curve to the right having a central angle of 01˚16’37” and a radius of 378.22’ to a point subtended by a chord bearing and distance of S59˚16’19”W 8.43’ to the Point of Beginning, containing 1,108 sq. feet or 0.02 acre more or less. 224 See Exhibit A attached hereto and hereby made a part of this instrument. With rights of ingress and egress to and from the same. To have and to hold said easement unto GRANTEE forever. GRANTOR shall have the right to use the surface of the property above described as long as GRANTOR wish, provided, that GRANTOR shall not interfere with the use thereof by GRANTEE, and further, GRANTOR shall not erect a permanent building or other structure within said easement, and further, GRANTOR shall provide gates acceptable to GRANTEE if said easement is fenced. After the completion of construction, GRANTEE shall restore the land in this permanent easement to as near its original condition as possible, subject to both GRANTEE and GRANTOR acting in a reasonable manner. The consideration paid by GRANTEE is received and accepted by GRANTOR in full satisfaction of every right hereby conveyed. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and possessed of the real estate above described and that GRANTOR has a good and lawful right to convey the same or any part thereof. It is hereby understood the party securing this Water and Sewer Utility Easement on behalf of GRANTEE is without authority to make any covenant or agreement not herein expressed. WITNESS our hands and seals on this _____ day of _________, 20_____. Grand Plaza Inc. By: Name: Title: _____________________________________ 225  ACKNOWLEDGEMENT STATE OF § § COUNTY OF § The foregoing instrument was acknowledged before me this ______ day of ___________, 20_____, by , as _______ of , a/an who signed the foregoing instrument and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed and in the capacity therein stated, for the uses and purposes therein set forth, on behalf of said Grantor. Witness my hand and official seal. Notary Public, State of ____________________ My Commission Expires: _______________ (Seal) My Commission Number: _______________ 226  Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com 227 All properties were sent an approved Pre-Board meeting notice letter on July 7, 2025. 228 August 6, 2025 To Miller Investment Group L.P., Arkansas Department of Transportation (ArDOT) is currently in the preconstruction to widen and realign State Highway 45 (ArDOT Job: 040713) from the intersection with U.S. Highway 71 to the intersection with State Highway 255 (Zero Street). ArDOT is planning on expanding the existing Right-of-Way from 50 feet wide to 100 feet wide along most of the alignment. The additional width will allow State Highway 45 to be converted from a two lane road to a five lane road with bike lanes and sidewalks. ArDOT’s standard policy is to not allow utilities to be placed with in their Right-of-Way, as such ArDOT is requiring the City of Fort Smith Utility Department to move their facilities outside the proposed ROW. The City of Fort Smith is asking for a permanent Utility Easement and Temporary Construction Easement on your property at 11414 HWY 71 Fort Smith, parcel #14000-0001-00000-02. An exhibit showing the easement area across your property is enclosed as well as a copy of the preliminary construction drawings impacting your property. The consideration being offered by the City is $1,200.00. This value was established by an independent state certified appraiser. The Utility Department will be taking this project, that includes your property located at 11414 HWY 71, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-12 Highway 45 Utility Relocations Property Tract Number is – Tract 6 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 229 230 August 6, 2025 To Grand Plaza Inc., Arkansas Department of Transportation (ArDOT) is currently in the preconstruction to widen and realign State Highway 45 (ArDOT Job: 040713) from the intersection with U.S. Highway 71 to the intersection with State Highway 255 (Zero Street). ArDOT is planning on expanding the existing Right-of-Way from 50 feet wide to 100 feet wide along most of the alignment. The additional width will allow State Highway 45 to be converted from a two lane road to a five lane road with bike lanes and sidewalks. ArDOT’s standard policy is to not allow utilities to be placed with in their Right-of-Way, as such ArDOT is requiring the City of Fort Smith Utility Department to move their facilities outside the proposed ROW. The City of Fort Smith is asking for a permanent Utility Easement and Temporary Construction Easement on your properties on HWY 71 Fort Smith, parcel #14000-0002-00000-02. An exhibit showing the easement area across your property is enclosed as well as a copy of the preliminary construction drawings impacting your property. The consideration being offered by the City is $1,500.00. This value was established by an independent state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #14000-0002-00000-02, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-12 Highway 45 Utility Relocations Property Tract Number is – Tract 8 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 231 232  12D MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: August 7, 2025 SUBJECT: Lake Fort Smith Water Transmission Line-Phase 5, Project No. 19-03 Easement Acquisitions SUMMARY The Utilities Department is developing and executing a multi-phase project to replace a 27- inch water transmission line in service since the 1930’s. Phase 5 begins East of Highway 59 and South of the Arkansas River in Sebastian County and end at Massard Road. A branching line will run along Painter Lane to provide a second feed to the Skyline Estates area improving service quality. The following Sewer Utility Easements are required as part of this project for the following properties. Affected properties owners were notified by mail of the Board meeting date, time and location; copies of notices are included for review. Tract Parcel Number Value Offered PL3 62286-0012-00000-00 $100.00 PL4 62286-0011-00000-00 $100.00 PL6 62286-0009-00000-00 $100.00 PL8 62286-0007-00000-00 $100.00 PL11 62286-0005-00000-00 $100.00 PL14 62286-0002-00000-00 $100.00 $600.00 In the event the named landowners decline to grant the easements, staff recommends the city attorney be allowed to move forward under eminent domain to obtain the required easements. Staff recommends approval of the attached Resolution, which includes authorizing the city administrator and city attorney to proceed with eminent domain actions to acquire the needed temporary right of entry easements should the landowner declines to accept the city's offer. As always, representatives of the city will continue to negotiate with the property owners to reach a mutually agreeable settlement. Board of Directors Staff Report August 19, 2025 233  This project aligns with the city’s comprehensive plan TI5.2 (ensure that utility and infrastructure systems can meet the city’s long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 8-19-25_Item_ID_2056_Resolution_Utilities.pdf 2. 8-19-25 Item ID 2056 Attachment Utilities.pdf FISCAL IMPACT: $600.00 BUDGET INFORMATION: Budgeted / Water Utilities - 2018 Revenue Bonds Board of Directors Staff Report August 19, 2025 234  12D RESOLUTION NO. ____________ RESOLUTION AUTHORIZING ACQUISITION OF TEMPORARY RIGHT OF ENTRY EASEMENTS FOR SURVEY AND EXPLORATION IN CONNECTION WITH THE LAKE FORT SMITH WATER TRANSMISSION LINE-PHASE 5, PROJECT NO. 19-03 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following values for the acquisition of temporary right of entry easements for survey and exploration purposes for the Lake Fort Smith Water Transmission Line-Phase 5, Project Number 19-03 are approved, and acquisition of the easements for the amounts listed are hereby authorized: Tract No. Parcel Number Owner Value PL3 62286-0012-00000-00 Venkata Vijaya Kuman Dalai $ 100.00 PL4 62286-0011-00000-00 Sisouphanh/Saifone Linthavong $ 100.00 PL6 62286-0009-00000-00 Moot Mignarath $ 100.00 PL8 62286-0007-00000-00 Michael R./Kristina M. Gilsinger $ 100.00 PL11 62286-0005-00000-00 Daniel Cox $ 100.00 PL14 62286-0002-00000-00 Michael/Taylor Swartz $ 100.00 $ 600.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amounts. 235  SECTION 3: 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 easements herein described and make deposits of just compensation of the values of the easements listed herein. All such actions previously taken for this project are hereby confirmed. This Resolution adopted this _____ day of August 2025. APPROVED: ________________________________ Mayor Attest: _______________________________ City Clerk APPROVED AS TO FORM: _____________________________npr 236 237 Contact Log and Notes: All six properties owners were contacted by approved Pre-Board Meeting notification letter sent out by standard mail on 7-22-2025. These properties are within Barling city limits and do not fall in a Board Directors Ward. 238 August 6, 2025 To Venkata Vijaya Kumar Dalai, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0012-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL3 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 239 August 6, 2025 To Sisouphanh & Saifone Linthavong, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0011-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL4 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 240 August 6, 2025 To Moot Vignarath, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0009-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL6 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 241 August 6, 2025 To Micheal R. & Kristina M. Gilsinger, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0007-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL8 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 242 August 6, 2025 To Daniel Cox, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0005-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL11 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 243 August 6, 2025 To Michael & Taylor Swartz, The City is in the process of replacing an existing 27-inch water transmission line, which was constructed in the 1930s, with a 48-inch water transmission line. The 48-inch line is being constructed in phases and will run from Mountainburg, Arkansas to a connection point in the southeastern part of Fort Smith. This 48-inch water transmission line will be necessary to provide adequate water supply to the rapidly developing Fort Chaffee area. Phase 5, which you are located in, will extend the transmission line from the end of Phase 4 to the Chaffee Crossing Pump Station located at 6898 Massard Road. In the coming months, the City and its contractors will be performing property surveying, appraising, and subsurface soil testing along the proposed route. The City and its contractors are requesting access to your property for these purposes. The soil testing is necessary for determining the final route of the 48 inch water transmission line, as it helps determine the amount of underground rock present along the proposed route. This is a Temporary Right of Entry onto the property only and not a land taking easement. The consideration being offered by the City is $100.00. This value was established by a state certified appraiser. The Utility Department will be taking this project, that includes your property PARCEL #62286-0002-00000-00, to the Fort Smith Board of Directors on August 19, 2025. The meeting will be held at The Blue Lion on 101 North 2nd Street in Fort Smith, AR 72901. The meeting will be at 6:00 p.m. You are welcome to attend and speak to the Board on this matter. The project information is – 19-03: LFS Transmission Line Phase 5 Property Tract Number is – Tract PL14 Should you have any questions or concerns, please feel free to contact me at 479-522-7246 or CBethel@fortsmithar.gov. Your earliest attention to this matter is greatly appreciated. Respectfully, Chad Bethel Real Property/Land Manager The City of Fort Smith Utility Department Enclosures 244  12E MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Duane McDonald, Director of Solid Waste Services DATE: August 14, 2025 SUBJECT: Non-Residential Solid Waste Collection and Disposal Permit and Agreement SUMMARY Marck Recycling & Waste Services of NW Arkansas LLC desires to obtain a non-residential solid waste collection and disposal permit and agreement with the City of Fort Smith, in order to comply with the City of Fort Smith Municipal Code and to haul non-residential solid waste within Fort Smith. This agreement is a two-year permit from the date of execution. This agreement includes the 5% franchise fee, which the Board of Directors voted and approved in December 2020 per Ordinance No. 111-20. Staff recommends this agreement be accepted and approved. Please contact me should you have any questions. ATTACHMENTS 1. 08-19-25_Item_ID_2046_Solid_Waste_Services.pdf 2. 08-19-25 Item ID 2046 Solid Waste Services.pdf Board of Directors Staff Report August 19, 2025 245  12E RESOLUTION NO. ________________ RESOLUTION AUTHORIZING THE EXECUTION OF A NON-RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL PERMIT AND AGREEMENT WITH MARCK RECYCLING & WASTE SERVICES OF NW ARKANSAS LLC BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Mayor, his signature attested by the City Clerk, is hereby authorized to execute the attached two (2) year Non-Residential Solid Waste Collection and Disposal Permit and Agreement with Marck Recycling & Waste Services of NW Arkansas LLC for a term of two (2) years from the date of execution. This Resolution adopted this day of ____________, 2025. APPROVED: _______ MAYOR ATTEST: _______ CITY CLERK Approved as to form: ____________________________ No Publication Required 246  5900 Commerce Road Fort Smith, AR 72916 n8i:t'sAn : Solid Waste Services Businesses call: (479) 784-2455 Residents call: (479) 784-2350 Fax: (479) 788-4140 NON.RESIDENTIAT SOTID WASTE COLLECTION AND DISPOSAT PERMIT AND AGREEMENT THIS AGREEMENT, made and entered on the date set forth below by and between the City of Fort Smith, Arkansas (hereinafter referred to as the "City"), and Marck Recycling & Waste Services of NW Arkansas LLC (hereinafter referred to as MARCK, "franchisee" or "hauler"). WITNESSETH: WHEREAS the City is a municipal corporation of the first class of the State of Arkansas and, in its government capacity, owns and operates the City of Fort Smith Solid Waste Disposal Facility (the "Facility"), which is currently operated as a Class I sanitary landfill; and WHEREAS the City currently provides solid waste collection and disposal service to residential and non-residential customers within the City; and WHEREAS MARCK has the consent of the City to collect and dispose of solid waste for non- residential customers within the corporate limits of the City; and WHEREAS the City has evaluated the possibility of exercising its governmental option of providing solid waste collection and disposal services to non-residential customers; and WHEREAS MARCK desires to provide non-residential solid waste collection and disposal services for customers located in Sebastian County within the corporate limits of the City' NOW,THEREFORE, in consideration ofthe mutualcovenants and promises contained herein, and intending to be legally bound hereby, the parties agree as follows: 1. Definitions a. "solid Waste," when used in this Agreement, shall have the meaning given to it in Section 25-261 of the Fort Smith Code of Ordinances. b. "Residential Customers," when used in this Agreement, shall have the meaning given in Section 25-261 of the Fort Smith Code of Ordinances. c. "Non-residential Customers," when used in this Agreement, shall refer to all solid waste customers who are not residential customers as defined by Section 25-251. of the Fort Smith Code of Ordinances. 2. Disposal ofw aste Generated Within the Citv a Solid Waste Disoosal: MARCK agrees that all solid waste generated within the City and which is collected by MARCK for disposal shall be hauled by MARCK to the Facility, except as otherwise provided herein. Excepted from this requirement are: (i) any categories of solid waste that the City does not accept for disposal at the Facility; (ii) any customers to which the City may consent in writing executed by the Director of Solid Waste Services to allow to use alternative disposal facilities; and (iii) any recyclables as defined in Section 25-261 of the Fort Smith Code of Ordinances and any other recycling program identified in writing and approved as an exception by the Director of Solid Waste Services. The City will make reasonable efforts to enforce the designation of the Facility against all waste haulers. 247 fortsmithar.gov  b. Rates for Disoosal: The rates for disposal of solid waste generated within the city and disposed of at the Facility shall be those rates, established from time to time, by the City forthe customers of the Facility (the "Fort Smith Published Rates"), or as agreed to by the City Administrator and franchisee in accordance with city ordinance. c. Franchise Fee: Franchisee shall paythecityanannualfeeoffive(5) percent of gross revenues for service provided by the franchisee inside the City of Fort Smith city limits. This includes servicing dumpsters, roll-off containers, compactors and compactor containers, collection in refuse vehicles or collectinB and hauling refuse in open top trucks or trailers, owned or not owned by the franchisee, that is serviced by the franchisee in the City of Fort Smith. i. The calculation ofgross revenues generated from operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with its operation within the city. Gross revenues shall include but are not limited to revenues received from the collection and disposal of all solid waste, whether by a company bearing franchisee's name or a company owned or controlled by franchisee but operating under a different name. ii. That portion of the annual fee attributable to subsection C above must be paid in a manner and on a schedule approved by the Director of Solid Waste Services. iii. The annualfee shall be paid quarterly, no later tha n thirty (30) days after the end of each calendar quarter. The payment shall be made to the City of Fort Smith Finance Department. No refund ofa fee will be made. iv. tee payments received after the due date shall be subject to interest at the rate of 10% until the fees are paid in full. v. This agreement will be subject to non-renewal by the City should the franchise fee NOT be paid by the franchisee when renewal is due. Non-renewal of agreement will mean that franchisee/hauler will NOT be able to collect and dispose of solid waste for non- residential customers within the corporate limits of the City. d. RFID Tass: The city has installed RFID readers at the Scale House for quicker entrance and exlt to the Facility. These are available to haulers; however, their use is not mandatory. The cost is S25 per tag annually. Haulers must submit a list of equipment to the city for its records. i. The total for all RFID tags will be billed annually to the haule/s account. lnvoice will be Net 30 days from time of billing. Subject to a late fee of ten percent (10%) of amount owed should the invoice not be paid by the due date. ii. Replacement RFID tags will be an additional S25 per tag, billed at the next billing cycle to the haule/s account. 3. Disposal of waste Generated outside the Citv a. Rates for DisDosal: The base rates cha rged for solid waste generated outside the City "External Rate" and delivered to the Facility by MARC(, shall be the Fort Smith published rates. b. The rates may be adjusted on the anniversary of each year of the term provided for in this paragraph. On each anniversary date, the rates set forth in the Fort Smith Published Rates may be adjusted by the percentage that the consumer Pricing lndex for All Urban Areas ("CP|-U") for the first calendar month of the preceding contract year was exceeded by the CPI-U at the beginning ofthe next contract year. (The CPI-U is based ontheU.S. Department of Labor, Bureau of Labor and Statistics, Consumer Price lndex for all urban customers in the U.s. city average, with all items having been computed based on 1982- 84 = 100.0) fortsmitha r.gov 248  c The rates provided for in this paragraph 3 shall be subiect to adjustment by the governing body of the City of Fort Smith upon determination of the governing body that federalor state regulatory agencies have adopted and implemented regulations which have a significant, adverse effect on the rates char8ed for waste disposal at the Facility (the percentage in change in the rates provided for in paragraph 3 ofthe Agreement shall not exceed the percentage of rate change published by the City of tort Smith for waste generated within the City of Fort Smith). 4. Permit: This Agreement shall constitute a permit issued by the City to MARCK, pursuant to Section 25-321 of the Fort Smith Code of Ordinances. 5. Blllinr and Payment: MARCK shall be subject to the City's standard billing and payment terms and procedures for customers of the Facility, 6. Compllance with Laws: All waste provided by MARCK to the Facility for disposal shall comply with all current and future applicable Arkansas Department of Environmental Quality ReBulations, including Regulation 22 and Regulation 23; and all other applicable federal, state and local environmental requirements. ln the event that MARCK delivers waste to the Facility that does not conform to the identified regulations and requirements MARCK shall be responsible for any cost incurred by the City in the treatment, handlinB and/or removal and proper disposal ofthe non-conforming waste. 7. Vehicles a. License: All vehicles utilized by MARCK to deliver solid waste to the Facility pursuant to this Agreement shall have a current haule/s license issued by the Sebastian County Regional Solid Waste Management District. b. Covered Loads: All solid waste delivered by MARCK to the Facility pursuant to this Agreement, shall be delivered in vehicles in which all loaded solid waste is covered and secured to prevent blowing ordropping on public rights-of-way or City-owned property from the polnt of location to the point of disposal at the Facility. 8. lnspection of Records: Both parties shall have access to the governmental and business records of the other party relevant to this Agreement, for the purpose of verifyinB any information pertinent to this Agreement. Any exercise of such right of inspection shall occuratthe normal business office and during the normal business hours ofthe party who holds the information' MARCK acknowledges that it will comply with reasonable requests of the City for information regarding the types and amounts of solid waste being disposed of at the Facility, as well as the location of the collection of the waste, as relevant to this A8reement. 9. pilpCle_BglglCggi ln the event that either party believes that the other party is in violation of any provision of this ABreement that party shall provide to the other party, in writing, a notice of the alleged breach. Within ten (10) days of receipt of notice, the notified party shall respond to the allegations. lf the response does not resolve the issue, either party may request, in writing, that a meeting ofthe parties and/or their authorized representatives be held. Such meeting shall be held within thirty (30) days ofthis request, attheOffice ofthe Fort Smith City Administrator. Exceptinan emergency situation, neither party may initiate litigation regarding the alleged breach until the dispute resolution provisions, as set forth herein, have been completed. lf this meeting does not result in a resolution of the dispute, either party may pursue any appropriate legal or equitable remedies, including rescission, with a court of competent iurisdiction' fortsmithar.gov 249 10. Term: This permit and agreement shall have a term of two (2) years from the date of execution. 11. Choice of Law: This Agreement shall be Boverned bythe laws ofthe State ofArkansas. 12. Assirnment: The provisions of this Agreement are not assignable by either party without the prior, written consent of the other party. 13. Revocation of franchise: a. The Board of Directors may revoke any solid waste collection franchise if the franchisee: i. Fails to comply with any provision ofthis article, any other city ordinance, or any state or federal law applicable to the collection and disposition of solid waste material ii. Makes a false statement in the application or in a hearing concerning the solid waste collection franchise; or iii. Fails to pay a fee required by the article at the time it was due b. Before revoking a franchise under subsection (a) above, the Director of Solid Waste Services shall notify the franchisee in writing that the franchisee is being considered for revocation, The notice must include the reason for the proposed revocation, and a statement that the franchisee has ten (10) days to comply with the notice. i. Franchise shall be revocable upon ten (10) days' notice by the City when, in the opinion of the Director of Solid Waste Services, the work being performed by MARCK is being performed in such a manner as to constitute a public menace or nuisance or to be detrimental to the health, safety, and welfare ofthe citizens ofthe City. c. Should a franchisee have its franchise revoked, the franchisee may be granted a period of time, up to a maximum of six (6) months, by the Director of Solid waste services to conclude its solid waste business in the City of Fort Smith, as long as the franchisee continues paying the set franchise fee and maintains the required insurance requirements 14. Non-transfurabilitv: A solid waste collection franchise issued to one (1) person may not be transferred to another person without authorization by the Board of Directors. 15. lndemnification: MARCK agrees to indemnify and hold harmless the City from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees resulting from MARCK operations hereunder. Provided, however, that MARCK shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, or attorneys' fees solely caused by the willful or negligent acts oromissions of theCity's employees. 16. lnsurance: MARCK shall at alltimes during the term of this Agreement maintain in fullforce and effect Employer's Liability, Workmen's Compensation, Public Liability, and Property Damage Insurance. Before commencement of work under this Agreement, MARCK agrees to furnish to the City certificates of insurance or other evidence to the effect that such insurance has been procured and is in force. For the purpose of this Agreement, MARCK shall carry the following types of insurance in at least the amounts specified below, with the City of Fort Smith named as certificate holder: fortsmithar.gov 250  woike/s Compensation Coverate A Statutory Coverage B Employer's Liability S1,(rco,m per injury S1,000,0q) total for injury 51,000,m total for disease General Liability Each occurrence $1,ooo,ooo DamaEe to rented Premises per occurrence s300,000 Medical Expense (anY 1 Personl Ss,ooo Personal and Advertisint lniury S1,mo,mo General AtgeSate S2,mo,ooo Othet: Products-Completed Operations Sz,ooo,ooo Automobile Combined Single [imit (p€r accident) S 1,ooo,ooo Umbrella Eath occurrence s2,000,000 Retentlon Slo,ooo 17. Force ieu re: Neither party hereto shall be liable for its failure to perform hereunder due to circumstances beyon d its reasonable control, includin8, but not limited to, strikes or other labor disputes, riots, civil d isturbances or sabotaBe, fires, floods, exPlosions, accidents, weather or acts of God affecting either pa rty hereunder. ln the event any of the circumstances listed in the preceding (i) close or sentence, or if any fede ral, state or local court or authority takes any action which would restrict operations at the Facility, (ii) limit the quantity or prohibit the disposal of waste at the Facility or, (iii) limit the ability of or prohibit MARCK, from delivering waste to the Facility, MARCK shall have the right, at its option, to reduce, suspend or terminate delivery of waste to the Facility, as set forth hereunder, immediately, without prior notices and without any additional liabilities between the pa rties. in 1g. Severabilitv: lf any provision of this Agreement shall be held to be invalid, illegal or unenforceable to provision. any respect, this Agreement shall remain in effect and be construed without regard such 19. Entire Arreement: This Agreement constitutes the entire understanding between the parties, ."pr".ing amending any prior agreements between the parties, and shall be binding upon all "na their successors, heirs, representatives and approved assigns. Any provision, term or parties hereto, iondition in any acknowledgment, purchase order or other response by the City to MARCK, or by MARCK to the City, which is in addition to or different from the provisions of this Agreement shall be deemed ob.iected to by the other party and shall be of no effect' 20. Counte and Electronic cnature: Thi s Agreement may be executed in counterparts, each of which shall be deemed an original and all of which toEether shall constitute one an d 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 si8ned in ink. fortsmithar.gov 251  2i.. Notices: Any notice required to be given pursuant to the provisions of this Agreement shall be considered to be validly delivered, if it is sent by U.S. Certified Mail or if it is hand delivered, and a signed receipt as obtained. such notice should Sive the following: lf to the city: City of Fort Smith Director of Solid Waste Services 5900 Commerce Rd Fort Smith, AR 72915 1479178/.-2350 lf to: MARCK Recycling & Waste 715 Main Street Cassville, MO 65625 David Hanf Olc:477-847-59OO Cell: 479-519-L724 This Agreement is executed as of this day ol --, by the authorized representatives of the Parties. -....-- - CITY OF FORT SMITH, ARKANSAS By: George B. McGill, Mayor ATTEST: City Clerk By: David Hanf, Sales MARCK Recycling & Waste fortsmithar.gov 252  MARCINO-OI ACORD CERTIFICATE OF LIABILITY INSURANCE 8t4t2025 THIS CERTIFICATE IS ISSUEO AS A ATTER OF IIiFORi'ANON ONLYAND COi{FERS NO RIGHTS UPON THE CERNECATE HOLDER. THIg CERTIFICA?E DOES NOT AFFIRITATIVELY OR T{EGATIVELY Ai'ENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFTCATE OF TNSURANCE DOES NOT CONSITUTE A COi{TRACT BETWEEN THE lSSUt c TNSURER(S), AUTHORTZEO REPRESENTATIVE OR PRODUCER, AI{D THE CERTIFICATE HOLOER. IMPORTANT: lf the c€rtmcalo holdor is a n AODITIONAL INSUREO, lhq polisy(loe) must hEve AODITIO'{AL lI{SUREO provision3 or bo ondorsod. lf SUBROGATION lS WAIVEO, subiect to tho tormB and conditionr of tho pollcy, cortrln policiB may rsqulrs an endorEomsnl A statomant on this cedilicato does not conler righls to ths cedmc.tg holdgr in li€u of such endoaEgmgnt(a). PicroucER trvlntsr.Oent 10i E tlccarty 506-8018 N.r:(573) 636-7500 Joffelson City, MO 65101 nt6r-Dent.com rNlqEEEl) AFTORDT Old Rep![q lns 24147 INSUREO First Citv Risk n t .rck Rocycllng & Waste SsrvlcB of t{W Artans!6 LLC 705 S. Bloomlngton INSURER O Lowell, AR 72745 INSI'REF F CERTI T ER: THIS IS TO CERTIFY IHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE EEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOW! MAY HAVE AEEN REDUCED BY PAID CLAIMS. ltMlTs A x COMSERCIAL GEI\IERA! LIAB]UTY I x OCCUR itwzY 31 1 859 2s 211 12025 2J1 t2026 E NT ! 500,000 MED EXP g ,PERSOI{ALIAOVINJURY 5 GE AGGNEGA LI uEs PER o.nuo.^*"i* l, 2,000,000 x ]ECT l LOC PROOUCTS 2,000,000 A rutorerrt uegurv D SINGL E LI s 2,000, a orir{ED MWIB31r858 25 2J1t2025 2/l/2028 - eootry rltuny 19gp95-on1 s SCI-IEDULEO AUiOS OITLY - , Alrros NON.oIJI'IED BOD]LY INJ eq cq@!!) s E ILFB o"." ] AUTGS ONLY $ B x x UMSREIIA LIAB EICESS LAB DED x RETENTIONS I OCCUR 0 12111t2024 12t1412025 EACHOCCURR€ AGqEEG4]E General Liab s s 4,000,000 4,000,000 A wof,xERs coMPeNsAtor{ x OTH AND EiiPLOYER9 LTABIUTY ANY PROPRIETOR/PARTNEFUEJ(ECUIIV€ 311857 25 2!1r2025 21112026 't,000,000 NT Of FICER?IIEMBER EXCLUDEO' N EAE r,000,000 r,oo0,o0o OESCRIPTION oPERAnOfTS / |-@AT]ONS / VEHTCLE S lAcoRo 1 01 nal c ges C.rgo Liability 12!1512021-'121151m25 Limlt gl0O,00O Per Clatm/t10O,O0O AggrsgEt. Exce&r Generll Li.bility Osn7n02545n nO26 pe. Cteim: !4,0O0,OOO erc6a3 of it,OOo,OoO Aggregato: I,|,OO0,OOO exce6s ot 31,OOO,00O FICATE CANC SHOULO AiIY Of TI.IE ABOVE OESCRIBEO POLICIES BE CAiICELLEO BEFOR€ City ot Fort Smilh THE EXPIRATIOTI DATE THEREOF, NOTICE wlLL BE DELIVERED I ACCORDANCE wlTH THE POLICY PROVISIOiIS. 5t00 Cofimorce Rd Fon Smith, AR 72916 AIJTIIORIzEO REPRESEN'AIruE fu. ACORO 2s (2016/03) @ t988-2015 ACORD CORPORATTON_ A[ rtghts ]Bservod. The ACORD namr and logo arE registered marks ofACORD 253  MARCIND.O.I JOUINN MISSOURI AUTO INSURANCE IDENTIFICATION CARD INSI](ANCF COMPANY MMF ANOAOORFES [l "ouu."",^. l-l ,r*r*n, THIS CARD MUST BE CARRIED IN THE INSURED old R.DuHlc lnrurance CompanY 6ll Eri:el Dr.. Suitc 200 MOTOR VEHICLE FOR PRODUCTION UPON DEMAND Mount Pleac.nt, PA 15556 POTICY NUMAER FTFECI'VE OATE EXFIRATIOTI OAI E rwTB3ll6sE 25 02rct1t2025 02lo1l20zs YEAR MAXF'IOO(L VEIIICLE IOEMT|rTCATION iTIIMBER lN CASE OF ACCIDENT, Report all accidents to your Agenvcompany as FLEET FLEET FLEET soon as possiblE. Oblain lhe following infomstioni AGE CY/cOi'PANY ISSIJNG CARO 'L Name and address of each driver, passenger and wihess' t Ylnt r-Der$ 573-6:ta-21 22, 80G769-3472 2. Name ol lnsurance Company and policy number for each P.O. Box l046 vehicle involved. JefieEon Clty, t{O 86102 1NSUFFO NAi'E ANO AODiESS ' t{atcr Trucking LLC ,15 Maln sl.ecl Ca!.vlll., llo 65625 acoRo ao to (2otrroll o AcoRO CORf Oi^ltorl l!9a-:Oor' {r nihr. r.6.d' SI.E IMPORIAJ'' T NOTICE ON REVERS! SIDE MISSOURI AUTO INSURA CE IDENTIFICATION CARO INSI]EAXCE COMPAIIY TIAMF ANO AOOR€SS illl co**.,o,. THIS CARD MUST BE CARRIED IN THE INSUREO Old Republic lnsuttnco ComPanY 83,l Excd Or-, Sult! 200 MOTOR VEHICLE FOR PRODUCTION UPON DEMAND taount Pba$nt, PA 15666 ETfECTIVE OA'E EXPIRATION OATE I{WTB3r 165E 25 o2lo1lm25 02tO1nO26 YEAR MME,/MODEL vEHtcLE totNrFrcATlor,l NUMaER lN CASE OF ACCIDENT: Report all accidents to your Agenucompany as FLEET soon as posslble. Obtain the lollowing inlormation: FLEET FLEET AG€I{CY/C OMPAIY ISSI]ING CAiD 1. Name and address ol each driver, passenger and witness' l rimer.D€nt 6?3-63+21 22, 000-769-3.72 2. Name ol Insurance Company 8nd policy number for each P.O. Bor 1046 vshicle involved. Jefierson City, tilo 55102 ITISUREO IIAME A!{D AODNESS farck Trucklng LLC 715 Ein 31tr.t Cr*lville, o 65625 a@RD 5A rao {2007'06l O ACORO CORPOi nON tll!13'z0a7 a, ,har! d.d.d SE€ IMFORTANI NOTICE ON NEVFRST SIDE 254  BUSINESS REGISTR/ANON crTY OF FORT SMITH, ARXAIISAS OFFICE OF DEVELOPMENT SERVICES 623 Gar.ison Avenue. Fort Smith, AR 72901 {479) 784.2216 I planninB@'o'tsmithar'8ov Blltln€3t IYPe(5): 423930 Paper, screp, merchant wholgalers EuJings Nanc: MARC( RECYCLING 423930 Watte met.rials metchenl DBA: MARC( INDUSTRIES, INC wholesaler! Mallln3 Addr6t: 423N2ST Buslna5$ location: 423N2ST IORT SMITH, AR 72901 TORT sMITH, AR 72901 Orncr: I(ENI LONGIEY tJccnre fYPa: RecyclinE Center Llrntr ilumt .: 0@352-2019 Occupational Bu5iness Cl*rif,cetion: Irqad D.l": 9lr4lzo24 fG6 P.ld: s$o.m Erdration Datt: 9lt(l2o25 llcensed business location. To must be posted.in a conspicuous place in the (11Busin6s ReBistrations are non-tra'lferrabl€ and lt current' l"Lp t-iit-..g,;ti"" valid as issues, it is vour resoonsibilitY to *ecp ronrng , orr'1lJJj,r',ir"rli" .""rii., *ith 'e ta'*' ol the citv oI Fo't smith (inclusive ol r2r rhis ricense does no, " "ran,.,." retulallons) or the State of Arkansas' will necessitate new license application ltocegs' (3) A change in butiness locatron, dasi'icatbns' or ownership ' ro rE Fogtlo lN a cotisPlcuot's plecE 255  I f\x'r- I L -l- a$\ 000 I lr I l. { \F\000 r' T'TE 8r\ 000 256  12F MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Duane McDonald, Director of Solid Waste Services DATE: August 14, 2025 SUBJECT: Non-Residential Solid Waste Collection and Disposal Permit and Agreement Renewal SUMMARY Lakeshore Recycling Systems, LLC d.b.a. LRS South, LLC desires to renew their non- residential solid waste collection and disposal permit and agreement with the City of Fort Smith, in order to comply with the City of Fort Smith Municipal Code and continue hauling non- residential solid waste within Fort Smith. This agreement is a two-year permit from the date of execution. This agreement includes the 5% franchise fee, which the Board of Directors voted and approved in December 2020 per Ordinance No. 111-20. Staff recommends this agreement be accepted and approved. Please contact me should you have any questions. ATTACHMENTS 1. 08-19-2025_Item_ID_2062_Solid_Waste_Services.pdf 2. 08-19-2025 Item ID 2062 Solid Waste Services.pdf Board of Directors Staff Report August 19, 2025 257  12F RESOLUTION NO. ________________ RESOLUTION AUTHORIZING THE EXECUTION OF A NON-RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL PERMIT AND AGREEMENT WITH LAKESHORE RECYCLING SYTEMS, LLC D/B/A LRS SOUTH, LLC BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Mayor, his signature attested by the City Clerk, is hereby authorized to execute the attached two (2) year Non-Residential Solid Waste Collection and Disposal Permit and Agreement with Lakeshore Recycling Systems, LLC d.b.a. LRS South, LLC for a term of two (2) years from the date of execution. This Resolution adopted this day of August, 2025. APPROVED: _______ MAYOR ATTEST: _______ CITY CLERK Approved as to form: ____________________________ No Publication Required 258  5900 Commerce Road Fort Smith, AR 72916 FSFr'sAn Jollu ll aslc sen.lccs Busln€sses cau (419> 784-2165 Resldents call: (47 9, 7 U-235O Faxt (479) 7OO-414O NON-RESIDENTIAL SOTID WASTE COTLICTION AND DISPOSAL PERMII AT,ID AGREEMENT IHIS AGREEMEIIT, made and entered on the date set forth below by and between the Gty of Fort smith, Arkansas (hereinafter referred to as the "city''), and Lakeshore Recycllng systems, LLc d.b.a. tRS South, Ll-C (hereinafter referred to as LRS South, LLC, ,,franchisee,, or,,hauler,,). WITNE SSETH: WHEREAI! the City is a municipal corporataon of the first class of the State of Arkansas and, in its government capacity, owns and operates the City of Fort Smith Solid Waste Disposal Faciltty (the "Facility"), which is currently operated as a Class I sanitary Iandfill; and WHEREAS the City currently provides solid waste collection - and non-residential customers within the Gty; and and disposal service to residential WHEREAS LRs south, LLC has the consent of the city to collect and dispose of solid waste for non- residential customers within the corporate limits of the City; and WHEREAS the City has evaluated the possibility of exercising its govemmental option of providing solid waste collection and disposal services to non-residential customers; and wH€REAs LRS South, LLc desires to provide non-residential solid waste collection and disposal services for customers located in sebastian county within the corporate limits of the city. NoW THEREFORE, in consideration ofthe mutual covenants and promises contained herein, and intending to be legally bound hereby, the parties agree as follows: 1. Definitions a. 'solid waste," when used in this Agreemenl, shall have the meaning given to it in S€ction 25-2G1 of the Fort Smith Code of Ordinances. b. "Residentisl customeF,- when used in this Agreement, shall have the meanint given in Section 25-251 of the Fort Smith Code of Ordinances. c. "Non{esidential customers," when used in this Agreement, shall refer to all solid waste customers who are not residential customers as defined by section 25-251ofthe Fort smith code of Ordinances. 2. Disoosal of Waste Generated Mthin th€ citv a. sorid waste Disposal: tRs south, r-r.c agrees that a[ sorid waste generated within the city and which is colhcted by LRs south, ttc for disposal shall be hauled by LRS Sourtr, r.r.c to ttre raciritv, except as otherwise provided herein. Excepted from this requirement are: (i) any a"tugoii"r;i sorid waste that the city does not accept for disposar at the Facirity; (it) any customers io wiiJ the city may consent in writint executed bv the Director of solid waste Services to allow to u;; altemative disposal facilities; and (iii) any recyclables as defined in Section 25-26f of rhe fon Smith code of ordinances and any other recycring program identified in writing an exceplion by the Director of solid waste seryices. The city will make reaionable "no "ppror"o i, efforts to enforce the desiBnation of the Facllity a8ainst all waste haulers. fortsmithar.gov 259  b. Bates for Or5posal: Ite rates lor disposal of solid warte generated within the Chy and disposed of at the Facility shall be those rates, establlshed from tlme to time. W the City for the customers ot lhe Fa(rlrty (the "Fort Smith published Rates"), or as agreed to by the City Administrator and tranchisee in a(cordance with cily ordinance. c Franchise fee: tranrhlsee shallpay the city an annualleeot five (5) percent ofgross revenues for service pro\rided by lhe franchisee lnside the Clty ot Fort Smith city limits. This includes servicing dumpstec. roll-off containers, compactors and compactor containers, collection in relus vehicles or collecting and hauling refuse ln open top lruckr or traileB, owned or not ownpd by the franchisee, that is serviced by the franchisee in the City of Fort Smith. i The calculation of gross revenues generated fror operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with tu opetation within the city. Gross revenues shall include but are not limited to revenues received fmm the collection and disposal of all solirj waste, whether by a comparry bearine hanchisee's name or a company owned or controlled by tranch,see but operating under a different name. ii. That portion of the annual fee attributable to subsection C above must be paid in a manner and on a schedule approved by the Director of Solid Waste S€rvkes. iii. The annualfee shall be paid guarterly, no later than thirty (30) days after the end of each calendar quarter. The tBym€nt shall b€ made to the Cty of Fort Smith Finan€€ Department. No refund of a fee will be made. iv Fee payments re€eived after the due date shal be subiect to interest at the rrte of 1096 untilthe fees are paid in full. v. This agreement wilr be subject to non-renewar by the city should the franchise fee Nor be paid by the franchisee when renewar is due. Non-renewar of agreement wifl mean that franchisee/haurer wil Nor be abre to co ect and dispose of sorid waste ror non- residential qrstomers wilhin the corporate limits ofthe City. d. lflpf3gg: The city has instarled RF|D readers at the scale House for quicker entrance and exit to the Facirity. These are availabre to haulers; however, their use is not mandatory- The cost is s25 per tag annually. Haulers must submit a list of equipment to the city for its records. i. The total for all RFID tags will be billed annually to the haule/s account. tnvoice will be Net 30 days from time of baling. subject to a Iate fee of ten percent (1096) of amount owed should the invoice not be paid by the due date. ii. Replacement RF|D tags will be an additional S25 per ta& bi ed at the next billint cycle to the hauler's account. 3 Disoosal of Waste Generated Outside the Ciw a. Rates for Disoosal: The base rates charged for solid waste generated outside the City ..€xternal Rate" and dehvered to the Facirity by LRS south, LLc, shall be the Fort smith published rates. b. The rates may be adjusted on the anniversary of each year of the term provided for in this paragragh. on each anniversary date, the rates set forth in the Fort Smith published Rates may be adiusted by the percentage that the Consumer pricing lndex for All Urban Areas {,,Cpt-U,,} for the first calendar month of the preceding contract year was exceeded by the cpl-u at the beginning of the next contract year. (rhe cpr-u is based on the u.s. Department of Labor, gureau of Labor and Statistics, consumer price lndex for all urban customers ln the u.s, city average, with all rtems having been computed based on 1982- 84 = 100.0) fortsmrthar.gov 260  C The rates provided lor in this para8raph I shall be subject to adiurtment by the governrng body of the City o, fort 5mith upon determination of the governing body that federalor state regulatory agencies have adopled and implemented regulations tvhich have a sitnificant, adverse effect on the rates charted for waste disposal at the Facility (lhe percenlage in change in the rate! provided for in paragraph 3 of the Agreement shall not exceed the percentage of rate change published by the City of Fort Smith for waste Benerated within the City of tort Smith). 4. Permit: This Agreement shall constitute a permit issued bV the Clty to tRS south, Ll"C, pursuant to Section 25-321 of the Fort Smith Code of Ordinances. 5. Eillinr and Pavment: Lls South, LtC shall b€ subiect to the City's standard billint and payment terms and procedures for customers of the facility. 5. Comoliance with Laws; All waste provided by tRS South, U-C to the Facility for disposal shall compv with all current and future applicable Arkansas Department of Environmental Quality Regulatbns, includint Retulation 22 and Regulation 23; and all other applicable federal, gtate and local environmental requirements. ln the eveflt that LRs south, Llc delivers waste to the Facility that does not conform lo the identified regulalions and requirements LRS South, LtC shall be responsible for any cost incurred by the city in the treatment, handling and/or removal and proper disposal of the non-conforming waste. 7. Vehicles a. License: All vehicles udized by tRs south, LLc to deliver solid waste to the Facilw pursuaBt to this AEreement sharl have a cunent haure/s license issued by lhe sebastian county Regional Solid Waste Management District- b. covered Loads: Arr sorid waste derivered bv tRs south, Lr.c to the Facirity pucuant to thrs Agreement, shall b€ delivered in vehicles in which all loaded solid waste is covered and secured to pra/ent browing or dropping on pubric rights-of-uay or Gty{wned property from the point ot location to the point ofdisposal at the Facility. 8 lnsoection of Recordsi Eoth parties shall have access to the governmental and buslness records of the other party relevant to this Agreement, for the purpose of verityirg any information pertinent lo this Agreement' Any exercise of such right of inspection shalloccurat the normalbusiness offhe and durint the normal business hours of the party who holds the informa&rn. r_Rs south, r,Lc acknowledges that it will compV with reasonable requests of the city for information regardinS the types and amounts of solid waste being disposed of at the tacility, as well as the location of the collection of the waste, as relevant to this Agreement. 9 oisoute Resolution: tn the event that either party believes that the other party is in violation of any provision of this Agreement that party shall provide to the other party, in writin& a notice of th; alleged breach. within ten (10) days of receipt of notice, the notified party shall respond to the allegations. lf the regponse does not resofue the issue, either party may request, in writin& that a meeting of the parties and/or their authorized representatlves be held. such meetine shalibe helJ wilhin thirty (30) davs of this request, at the office ofthe tort smith city Admtnistrato;. Exceptanan emer8ency situation, neither party may lnitiate litigation regarding the alleSed breach untit the dispute resolution provisions, as set forth herein, have been completed, lf this meeting does not result in a resolutaon of the dispute, either partv may pursue any appropriate legal oiequitabte remedies, includint rescission, with a court of competent iurirdiction. fortsmrthar.gov 261 10. Term; Thls permit 6nd agreement shall have a term ol two (2) years from the date ot execulion. 11, Choice of t w: Thls Agreement shall b€ governed by the lawsof the State o, Ar*ansas. 12 Astitnment: The provisions of this Atreemenl ere not assignable by eilher party withoul the prior, written consenl of the other party. 13. Revocation of lranchlse: a. The Board of DirectoB may revoke anysolid waste collection franchise if the franchisee: i. tails to comph with any provision ofthis article, any other city ordinance, or arry state or federal law applicable to the collection and dispositbn of solid waste material ii' Makes a false statement in the application or in a hearing concernirE the solid waste collection franchise; or iii. Fails to pay a fee required by the article at the time it was due b B€fore revoking a franchise under subsection (a) above, the Director of Solid Waste Servic€s shall notify the franchisee in writint that the franchisee is being considered for revocation. The notice must include the reason for the proposed revocation, and a statement that the franchisee has ten (10) days to comply with the notice, i. Franchise shall be revocable upon ten (lO) dalrs, notice by the City when, In the opinion of lhe Director ol Solid Waste Services, the work b€ing performed by LRS South, LLC is beint performed in such a manner as to constitute a public menace or nuisance or to be detrim€ntalto the heahh, safety, and welfare ofthe citirens ofthe City. c. Should a franchisee have its franchise revoked, the franchisee may be granred a period of time, up to a maximum of six (6) months, by the Director of solid waste services to @ncrude its solid waste business in the city of Fort smith, as long as the franchisee continues paying the set franchise fee and maintains the required insuranc€ requirements. 14. N sferability: A solid waste collection frafthise issued to ooe (1) p€rson may not be transferred to another person without authorization by the Board of Directo6. 15. lndemnlfication: LRs south, Lrc agrees to indemnifo and hold harmless the crty from and atainst any and allsuits, actiofls, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attornevs' fees resulting from LRs south, LLc operdtions hereunder. provided, however, that LRs south, LLC shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, or attorneys' fees solely caused by the willful or negligent acts or omissions of the City's employees. 16. lnsurante: tRS south, LLc shall at all times during the term of this Agreement maintain in full force and effect Employer's Liability, Workmen's Compensation, public Uability, and property Damage lnsurance. Before commencement of wort under this Ageement, tRs south, LLc atrees to furnishio the city certificates of insurance or otherevidence to the effect that such insurance has b€en procu red and is in force. For the purpose of this Agreement. LRs south, Llc 5hall carry the followint types ol insurance in at least the amounts specified below, with the City of Fort Smith named as certificate holder: fortsmrthar.gov 262  Worker's Compensatlon Coverage A Statutory Coverage B tmplove/s l-iability 51,000,000 per lniury $1,0fl),000 total for iniury S1,q,0,0@ total for diseas€ General Uability E6ch occurlence $1,000,000 Damage to rented prernises pcr occunence 5300,m0 Medical Expense (any I personl 55,000 Personal and Mvertisint lnjury Sl,ooo,o@ General Attretate s2,000,000 Oth€r: Products-Completed Operationr 52,000,000 Automobile Combined Single Limit (per accident! s1,000,o00 Umbrella Each occurrence s2,000,0(x) Retention slo,ooo 17. Force Maieure: Neither pa,1y hereto shall be liable for its failure to perform hereunder due to circumstances beyond its reasonabte control, includin& but not limited to, strikes or other labor disputes, riots, cwil drsturbances or sabotage, fires, floods, explosions, accidents, weather or acts of, God affecting either partv hereunder ln the event any ofthe circumstances listed in the preceding sentence, or if any tederal, state or local court or authority takes any action which would (i) close or restrict op€rations at the Facility, (ii) lamit the quantity or prohibit the disposalofwaste at the Facility or, (iiil limit the ability of or prohibit rRs sorrth, Lt-c, from delivering waste to the Facility, LRs south, LLc shall have the right, at its option, to reduce, suspend or terminate delivery of waste to the Facility, as set fonh hereunder, immediately, withoul prior notices and without any additional liabilities between the parties. 18. Severabilitv: lf any provision of this Agreement shall be held to be invalid, illegal or unenforc€able in any respect, this Agreement shall remain in effecl and be construed without regard to such provision. 19. Entire Aereement: rhis Atreement constitutes the entire undeBtanding between the parties, replacing and amending any prior agreements between the parti€s, and shall be binding upon ali parties hereto, their succe'sors, heirs, representatives and approrred assig,6. Any provisio-n, term or conditaon in any acknowledgment, purchase orderor other response by the city to LRs south, LLc, or by LRs south, LLC to the city, which is in addition to or different from the provisions of this Agreement shall be deemed oblected to by the other party and shall be of no effect. 20. counterparts and Electronlc sipnature: This Agreement may be executed in counterpans, each of which shall be deemed an original and all of whlch together shall constitute ooe and the same instrument. The facsimile, email or other electronlcally delivered signatures o, rhe parties shall b; deemed lo constitule ori8inal siEnalures, and facsimile or ele€tronic copies hereof shall be deemed to conslitule duplicate oriBinals. Signalures delivered by facsimile, email or other electronic means shall bind the si8natory nolwithstanding a]ly sub,sequent failure or refusal to deltver an origtnal signalure sr8ned in inl. lo rt) [)rl hJr .gov 263  21. Notices: Any notice r€quired to be given pursuant to the provisiong of thir Agreement shall be considered lo be validly deliverad, lf lt is sent by U.S. Certified Mail or i, it ir hand delivered, and a signed receipt is oblained. Such notice should give the following: lf lo the City: Cily of f ort Smith Director of Solid Waste Sewices 5900 Commerce Rd Fort 5milh, AR 72915 (4791784-23s0 lf to: takeshore Recycling Systems, tLC d.b.a. IRS South, ILC PO Box 1700 Lowell, AR 72745 Mr. Kevin Gardner 479-452-9098 This Agreement is executed as of this _ day o( , . by the authorized representatives of the parties. CITY OF FORT SMITH, ARKANSAS 8y: George B. Mccill, Mayor ATTEST: City Clerk By La nB Systems, ttC d.b.a, tRS South, ILC ttrr Irrrrrltr.tr grrr 264  AC(>Rt)"" ,-r oArE (f,f/oo/YYYn CERTIFICATE OF LIABILITY INSURANCE 12t2312024 THIS CE RTIFICATE ts ssu E D AS A MATTE R OF NF ORMATION ON L ND c ON FERS o RIGHTS U PON T HE CE RTI FICATE H OLOE R, TH ts CERTIF tcA T E DOES NOT AFFI RMATIVELY OR N EGATIVELY E N D, EXTEN D OR ALTER TH E COVERAGE AFFOROED B THE POLICIES BELOW, THIS CERTIFICATE OF IN S U RANCE DO ES NOT coN TITUTE co NT RACT BETWEEN THE ss UI NG S URE R(S ) UTHO RIZE o REPRE s E NT ATIVE OR PRODUCER, ANO TH E CE RTIFI CATE H OLD E R. IMPORTANT: lf th€ certifi cate holder ts an AOOITIONAL NSU RE o, the pol i cy(i os) mu5 t ADDITIONAL IN s URED prov tsro n6 or be dors6d. tf su B ROGA Tror{ ts WAIVED SU bject to the term s and cond itions of the policy cerlai poli cies may rsquire an do.semsnt. statement n th s cortlticate does not fl to the certifi cale holder lieu ot such PRqOUCER Cottingham & Butler Michael Saladino 800 Main St. Dubuque lA 52001 naguacqs)^fFoRptiGco/q4cE NA|c| lltS{riED LAKEREC{I | 10112 LRS Holdings. LLC I 16535 Lakeshore Recycino Systems LLC c: 4Mqqrplus lnsurance Company 5500 Peari Street Nryig4ors sjgqqrylni qq 1 l!6056 Rosemont lL 60018 COVERAGES CERTIFICATE NI,TMBER: 8771 85475 REVISION NUMBER TH is S TO RT T HAT T HE POLI C rEs o N SURAN c LI BE LOW HAVE BE EN ISSUED TO TH E lNS URE D E D ABOVE FOR IH E PO LI CY PER oo NDI CA TED. N OTWIT HSTAN D IN G REQUIREMENT. TE OR CON DIT toN OF CO NTRACI OR o-rH ER DOCUMENT RE SP€ CT TO ICH TH IS TIFI CA TE ut SS UE D o R MAY PERTAIN, THE N SU CE ORDED BY THE POLICIES DESCRIEED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL USION S D COND Tro N S OF SUC H PO Llc E s. L flTS S HOWN VE BE EN E D U C E D 8Y D CLAI MS, LI TS a x CO MERCIALG€NERALUASIIITY G1O011115108 12n1,2A24 12131t2025 EACHOCCIJRRENCF $2 000 000 crarMsMADE ]T] *"u" PEEUIi4i lEe e..!rl3nisj s 50 000 MEo ExP (Any dE lolMl S 5.OOO I P!E!q!4!!lgv r 2.000.000 GEI{L AOGREOATE LI'{II APPTIES PER 'IJURY 1- "*,"' 1- 59 x .* GENERAL AGGREGATE PROOIICTS . COMP/OP AGG s5,000.000 s4,000,000 s E AUIO{O6ILEL|ABILIiY BAP0111l5+08 1281n024 12n1DO25 5 3.000 000 X ANY AUIO EOOTLY TWURY (Ps p.Ml s ' owNEo I i scHmulm Y AUIGS ONLY HIREO lI lINON{WNm auros aODILY lioURY (P€..rEd&r) s J] AUIOS ONLY I I aL/ros o.rLY s -ie€' s o tl UIBREILA UAA EXCESS lnA x OCCUR cH24EXCZo3X3BlC 1281no21 12n1nO2S lqcxoccunrelrce I -!-!,q0q,0q0 lieGRlc4rE s3.000,000 x 5 s lvoRl{EIl5 coxPEt'tsaTtot{ l /c0111152-08 ANO EIFLOYER3' LIATILITY 1213112024 12t31DO25 X STATIJTE wc7550640-07 12n11?024 12t31DO25 ANYPROPR]EIOR/PARTNER,€XECIJIIVE OFFICER/MEMBEREXCIUOEO? €.r- EACS ACCTOENT $ 1,000 000 lt E ! OISEASE ,EA EMPTOYEE 51.000.000 I r.r. oseese . eot'cv Lrurt s1 000 c P-001{01 041 56G03 12,3112021 E 12/31nO25 s5.000,000 sEG13,1356 1i,3112024 12/31n025 t?.000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CATiCELLEO BEFORE THE EXPIRAfIOiI OATE THEREOF, NOTICE WILL gE OTLIVENCO IT ACCORDA'ICE wlTH THE POUCY PROVISIONS. City of Fort Smith 5900 Commerce Road Fort Smith AR 72902 AIITIIORIZEO REPRESENTATIVE 2//fra,a:- @ 'l988.2015 ACORD CORP ORATION. All rlghts reserved. ACORO 2s (2016/03) The ACORO name and logo ars reglstered msrks of ACORD 265 C]TY OF FORT SMITH, ARKANSAS BUSINESS REGISTRATION OFFICE OF DEVETOPMENT SERVICES 523 Garrison Avenue, Fon Smith, AR 72901 l.479) 78/-2216 | plannint@fortsmithar.gov B$lness l{am!: LAKESHORE RECYCIING SYSTEMS Buslne3s Type(31: 484110 Trucking, general freight, local D8A: LRS SOUTH, Lt-C Bu3ln6s Loetlon: 848 HWY 264 E ATTtrl: JAYME LAND Maillng Address: 848 HWY 264 E ATTN: JAYME LAND SPRINGDALE, AR 72764 SPRINGDALI, Afl 72764 Owner: 1lqt1ESHORE RECYC1;NG SYSTEMS Llcenrcl{umbcr 007058-2024 lkenreType: Contractor's Otfic€ l33ued Dete: 2n12025 Classmcatlon; Occupational Business Erplr.tlonD.tc: 217/7026 Fees Paid: s200.00 (1) Business Registrations ar€ non-transferrable and must be posted in a conspicuous place in the licensed busin€ss location. To keep this registration valid as issues, it is your responsibillty to keep it current. (2) This license does not authorize a business to operate in conflict wlth th€ laws ofthe City of Fort Smith (inclusive of zoning regulations) or the State ofArkansas. (3)A change in business location, classifications, or ownership wlll necessitate a new license application process. IO BE POSTED II.I A COI{SPICUOUS PTACE 266  I*S '/- I I ,'i 8r\000 I 267  12G MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Wes Milam, Director of Public Safety Communications DATE: August 13, 2025 SUBJECT: Agreement with Western Arkansas Planning & Development District for the provision of E911 Services to the River Valley Communications Unit SUMMARY Western AR Planning and Development District provides addressing for each location in Sebastian County to create a GIS database for E911 services. This data is provided to the Arkansas State GIS Office for use in the AT&T 911 system utilized by Public Safety Answering Points. With the consolidation of PSAPs within Sebastian County to the River Valley Communications Center, the responsibility for this service falls to the Department of Public Safety Communications. The agreement presented for approval outlines the terms in which WAPDD provides the addressing and GIS mapping services for the entire county. Further this information provided by WAPDD E911 services is utilized in our CAD/RMS system to aid in dispatching police, fire, and EMS services to citizens in Fort Smith and Sebastian County. The cost for this service will be $75,000 annually, beginning in 2026. This expense is supported by E911 funds. ATTACHMENTS 1. 08-19-2025_Item_ID_2060_WAPDD_E911_Agreement.pdf 2. WAPDD CoFS E911 Agreement.pdf FISCAL IMPACT: $75,000.00 BUDGET INFORMATION: Budgeted / RVCC - E911 Funds Board of Directors Staff Report August 19, 2025 268  12G RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WESTERN ARKANSAS PLANNING AND DEVELOPMENT DISTRICT TO PROVIDE E911 SERVICES FOR THE RIVER VALLEY COMMUNICATIONS CENTER WHEREAS, the City of Fort Smith, Arkansas (City) and Sebastian County, Arkansas (County) entered into a Mutual Aid/Interlocal Agreement for the purpose of consolidating E911 services and creating the River Valley Communications Center (RVCC) effective December 3, 2024, such agreement being duly approved and authorized by the Arkansas Attorney General; and, WHEREAS, Western Arkansas Planning and Development District (WAPDD) provides addressing and GIS mapping services for all of Sebastian County to submit to the Arkansas GIS Office for E911 information; and, WHEREAS, the City of Fort Smith Public Safety Communications Department is responsible for the management of the River Valley Communications Center; and, WHEREAS, there exists a need to enter in an agreement with WAPDD to provide said services to the RVCC at a cost of $75,000 annually, to begin January 2026. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute the agreement, incorporated herein by reference, with Western Arkansas Planning and Development District in the amount of $75,000 annually beginning in January 2026. PASSED AND APPROVED THIS 19th DAY OF AUGUST 2025. APPROVED: Mayor ATTEST: City Clerk Approved as to form: _______________________________NPR 269  CONTRACT FOR PROFESSIONAL SERVICES This Contract for Professional Services (hereinafter “Agreement”) is made and entered into this 19th day of August, 2025, by and between the City of Fort Smith, Arkansas, hereinafter referred to as the “City,” and the Western Arkansas Planning and Development District, Inc., hereinafter referred to as the “WAPDD.” The purpose of this Agreement is to perpetuate and set forth the services that are provided by WAPDD for River Valley Communications Center (RVCC) E-911 System. The City has determined these services are essential to the maintenance and operation of its RVCC E-911 System. SECTION I SERVICES TO BE PERFORMED BY THE DISTRICT The WAPDD agrees to perform the scope of services listed in the attached Exhibit A, which are necessary to the maintenance of operation of its RVCC E-911 System. SECTION II THE CITY’S RESPONSIBILITIES The City’s responsibilities in connection with the WAPDD’s provision of the services listed in Exhibit A are as follows: A. To support and furnish information as necessary for the WAPDD’s fulfillment of its requirements. B. To compensate the WAPDD in accordance with the procedures set forth in Section IV, Compensation and Method of Payment. SECTION III TERM OF AGREEMENT The services called for in this Agreement are to be provided by the WAPDD in support of the on-going operation and maintenance of the RVCC E-911 System, particularly as it relates to the mapping, addressing and geographic information aspects of the System. Accordingly, this Agreement is to be in full force and continue indefinitely until terminated as set forth herein. From time to time, with the concurrence of both parties, the scope of services, compensation and other terms of this Agreement may be changed, modified or altered. Furthermore, either party to this Agreement may elect to terminate this Agreement on December 31st of any calendar year if written notice is provided the other party no later than October 1st of that year. 270  SECTION IV COMPENSATION AND METHOD OF PAYMENT The City shall pay the WAPDD an amount of $75,000 per calendar year for the services listed in Exhibit A. This fee is to be paid annually, beginning the month of January 2026. The WAPDD will invoice the City at the beginning of each calendar year and the City shall remit payment for such invoice within 30 days of receipt of the invoice. From time to time, the WAPDD may submit a request to the City for reimbursement of costs and expenses incurred by the WAPDD in support of the RVCC E-911 System that are for services or items above and beyond those set forth by this Agreement. In the event the City approves such request of the WAPDD relative to the above, the WAPDD shall provide the City all receipts, invoices or other documentation relative to such costs and expenses incurred by the WAPDD. From time to time, the WAPDD may direct third party service firms to provide services in support of the RVCC E-911 mapping and addressing system (such as, computer network services). In the event the WAPDD utilizes a firm that has not already been approved by the RVCC Governing Board, identification of the firm, costs, and justification shall be made to the RVCC for approval prior to reimbursement. SECTION V GENERAL CONDITIONS A. Termination. Either party to this Agreement may elect to terminate this Agreement on December 31st of any calendar year if written notice is provided the other party no later than October 1st of that year. If this Agreement is terminated, the WAPDD shall be paid for services up to the date of termination in accordance with Section IV. B. Changes. The City and the WAPDD may, from time to time, request changes in the scope of the services to be performed by WAPDD as set forth by Exhibit A. Such changes, including any increase or decrease in compensation, that are mutually agreed upon by and between the City and the WAPDD shall be incorporated as written amendments to this Agreement. C. Ownership of Documents and Data. The RVCC E-911 address and map database prepared and maintained by the WAPDD is the property of the City. The WAPDD, at its discretion, is permitted to utilize the database for purposes associated with the planning activities of WAPDD, local governments and public agencies. It is understood that State law restricts the release of certain E-911 information to non-qualified parties. D. Insurance. The WAPDD will maintain such insurance as will protect it from claims under the Worker’s Compensation Acts, it being specifically agreed 271  between the parties that the relationship of the WAPDD is one of independent contractor. E. Successors and Assigns. Each party to this Agreement binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party. Except as above, neither party shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of any public body that may be a party thereto, nor shall it be construed as granting any rights or benefits hereunder to anyone other than the parties of this Agreement. SECTION VI LIABILITY The provision of services hereunder shall not be interpreted, construed or regarded as creating any obligation or right of action against either party hereto in favor of any third party. SECTION VII SPECIAL PROVISIONS The provisions hereof and the exhibits hereto annexed represent the entire Agreement between the parties. This Agreement, the exhibits hereto, and any special provisions to which this Agreement is subject may only be altered, amended or rescinded by a duly executed written agreement. [remainder of page intentionally left blank; signature page follows] 272 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written. CITY OF FORT SMITH, ARKANSAS BY: _______________________________ George McGill, Mayor WESTERN ARKANSAS PLANNING & DEVELOPMENT DISTRICT, INC. BY: _______________________________ Sasha Grist, Executive Director 273 EXHIBIT A, page 1 of 2 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND WAPDD DATED AUGUST 1, 2025 Tasks to be performed for the River Valley Communications Center E-911 System by the WAPDD Address Assignment v Take requests for new addresses by phone/internet/email. v Perform fieldwork for all new address requests. This involves using GPS to collect road and point data. v Assign new address and contact the resident by phone/email. v Send out confirmation of the address assignment letter to the resident. v Draw platted subdivisions, assign addresses to lots, provide maps and addresses for subdivisions to engineers, developers and city officials within the incorporated areas. Platted subdivisions in the unincorporated areas shall not be addressed prior to development. v Issue and maintain the addresses of all incorporated areas of Sebastian County except the City of Fort Smith. Mapping will be maintained for Fort Smith as the WAPDD is notified of new address assignment. v Notify the Post Office, Office of Emergency Management and other approved agencies of new address assignments. Database Maintenance v Work with the telephone companies to maintain the 911 database. v Process ANI/ALI Problem call reports from the dispatch center. This involves confirming the information on the report and calling residents as needed. Make corrections to the report and send it to the telephone company to be corrected. v Work with the cellular telephone companies to implement Phase I and Phase II wireless 911. This includes processing call routing sheets. Work with the RVCC Administrator to solve issues with 911 calls. v Send MSAG (Master Street Address Guide) changes for all of Sebastian County, including all municipalities located therein, to the telephone company database provider to reflect any changes to street and address ranges that have been affected by jurisdictional boundary changes or new road construction. v Maintain a database of all building permits issued and received by WAPDD. Mapping v GPS all new road and point data from Request for Address Assignment. v GPS locate all new construction reported through building permits. v Process Geographic Information System (GIS) discrepancies reported by the dispatch center. This involves field checks, database checks and sometimes 274  EXHIBIT A Continued, page 2 of 2 talking with residents and property owners concerning their address or the locations of their homes or businesses. v Maintaining all 911 maps. v Mapping all cellular tower and sector data for Phase I and Phase II wireless 911. v Make changes to 911 map to reflect city limit changes, ESZ (Emergency Service Zone) and other changes affecting the 911 dispatch system. Jurisdictional Boundary Updates v Work with the Arkansas Geographic Information Office to verify jurisdictional boundaries. v Work with local officials to verify and update emergency service boundaries. Other Regular Tasks v Work with all local entities to ensure that all roads are appropriately identified for the installation of road signage. 275  12H MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Wes Milam, Director of Public Safety Communications DATE: August 13, 2025 SUBJECT: Approval of a construction manager for the River Valley Communications Center facility project. SUMMARY In early 2025, the River Valley Communications Center (RVCC) Governing Board determined that the location of the new consolidated 911 PSAP will be at 4501 Burrough Road in Fort Smith. MAHG Architects were asked to develop a floor plan and design for the facility, which remains ongoing. In July 2025, an advertisement was published seeking proposals from qualified contractors who are licensed by the Arkansas Contractors Licensing Board to perform construction management & general contractor services for the demolition/replacement/construction of the 911 Emergency Communications Center. The minimum requirements outlined for this project included the demolition of the existing building, construction of a new administration & FEMA- rated hardened 911 ECC facility, construction of a 190-foot microwave communications tower to house Arkansas Wireless Information Network (AWIN) P25 radio connectivity, and improvements to the parking lots with perimeter security fencing. After the SOQs were received, a committee consisting of two (2) FSPD Communications Supervisors, one (1) SCSO Communication Supervisor, the Sebastian County Deputy Director of Emergency Management, and the Chief of Police of the City of Greenwood met to review the proposals and select a firm for recommendation. Four (4) proposals were submitted, and each proposal remained sealed until opened by the selection committee. Each firm was evaluated, and the committee determined that Beshears Construction Company was the most qualified for this construction project. The committee's recommendation was presented to the 911 Governing Board on July 29. The Board agreed and recommended that this agreement be presented to the city's Board for approval. The agreement presented for approval is for Beshears Construction to provide professional construction manager at risk services for this project, to include providing a cost estimate for completion. Costs for this service will be included in the final Guaranteed Maximum Price (GMP) documentation from Beshears Construction. Working with Beshears and MAHG, the next step will be to determine costs for the construction and evaluation of funding for the project. This construction manager agreement will need to be amended to incorporate the GMP at the appropriate time. Board of Directors Staff Report August 19, 2025 276  Please contact me if you have questions regarding this agenda item. ATTACHMENTS 1. 08-19-2025_Item_ID_2067_Beshears_Construction.pdf 2. RVCC CM Contract Updated.pdf 3. A133-2019 Exhibit B updated.pdf Board of Directors Staff Report August 19, 2025 277  12H RESOLUTION NO A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BESHEARS CONSTRUCTION, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE RIVER VALLEY COMMUNICATIONS CENTER CONSTRUCTION PROJECT WHEREAS, the City of Fort Smith, Arkansas and Sebastian County, Arkansas (County) entered into a Mutual Aid/Interlocal Agreement for the purpose of consolidating E911 services and creating the River Valley Communications Center (RVCC) effective December 3, 2024, such agreement being duly approved and authorized by the Arkansas Attorney General; WHEREAS, the RVCC Governing Board selected the property located at 4501 Burrough Road in Fort Smith as the location for a new RVCC facility; WHEREAS, the Beshears Construction Inc. proposes to provide construction management services for the construction of the new RVCC facility. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute the agreement, incorporated herein by reference, with Beshears Construction Inc. to provide construction management services relative to the River Valley Communications Center. PASSED AND APPROVED THIS 19th DAY OF AUGUST 2025. APPROVED: Mayor ATTEST: City Clerk Approved as to form: ___________________________NPR 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: August 13, 2025 SUBJECT: Appointment: Historic District Commission SUMMARY There are two vacancies on the Historic District Commission. The applicant is Dr. Daniel Fudge. Another application was received but is incomplete; it will be considered for appointment once the missing information is received. The Mayor makes appointments; one appointment is needed. The new term will expire on July 31, 2028. ATTACHMENTS 1. 20250819 Historic District Commission appointment.pdf Board of Directors Staff Report August 19, 2025 306 307 308 309 310  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: August 11, 2025 SUBJECT: Appointment: Parks and Recreation Commission SUMMARY Ms. Madeline Marquette's term on the Parks and Recreation Commission is set to expire on August 31, 2025. Ms. Marquette is interested in reappointment. The other applicant is Ms. Mary Moore. Appointments are made by the Board of Directors; one appointment is needed. The new term will expire on August 31, 2030. ATTACHMENTS 1. Parks and Rec Appointment 20250819.pdf Board of Directors Staff Report August 19, 2025 311 312 313 314 315 316