On the agenda: Hot Springs meeting — ALPR (Aug 18)

AGENDA
Board of Directors
Tuesday, August 18, 2026 at 6:00 PM
Board Chambers, City Hall
Invocation by Father Mark Nabors with St. Luke's Episcopal Church
Pledge of Allegiance led by Mayor Pat McCabe
Call to Order
Page

A.

ROLL CALL OF BOARD OF DIRECTORS

B.

CONSIDER APPROVAL OF THE AGENDA

C.

CONSIDER APPROVAL OF MINUTES

3-9

>

D.

Regular Meeting held on August 4, 2026

RECOGNITION OF GUESTS


Cole McCaskill, Interim President and C.E.O. of the Greater Hot Springs Chamber of
Commerce and Hot Springs Metro Partnership will deliver the economic development
report

E.

CONSIDER CITY MANAGER’S REPORT

F.

BOARD OF DIRECTORS ANNOUNCEMENTS REGARDING UPCOMING EVENTS

CONSENT AGENDA SECTION
Items placed in this section are a matter of routine business which shall not involve discussion by the Board
and/or the public. The Consent Agenda will be voted on in mass. However, if any two Directors so desire,
individual items may be discussed and/or voted on as a separate matter of business.
10 - 12

1.

Consider Resolution R-26-136 A Resolution Authorizing The City Of Hot Springs To Participate
In The Arkansas Purchasing Card Program Through US Bank; And For Other Purposes.

13 - 16

2.

Consider Resolution R-26-137 A Resolution Approving A Term Contract With Becdavis Inc.
d/b/a Jan-Pro Of Arkansas For Janitorial Services At Certain City Facilities.

17 - 30

3.

Consider Resolution R-26-138 A Resolution Approving A Lease Agreement Between The City

Page 1 of 100

Of Hot Springs And Carco Carriage, LLC For Office Space In The Hot Springs Memorial Airport
(HOT) Terminal.
31 - 36

4.

Consider Resolution R-26-139 A Resolution Setting The Time And Date Of A Public Hearing On
The Petition To Establish The Hot Springs Municipal Property Owners’ Multipurpose
Improvement District No 26-75 Of Garland County, Arkansas (Callie Ridge Estates
Subdivision).

37 - 40

5.

Consider Resolution R-26-140 A Resolution Approving A Term Contract With Nixon Power
Services LLC For Certain Generator Preventive Maintenance And Repair Service.

41 - 44

6.

Consider Resolution R-26-141 A Resolution Expressing The Willingness Of The City Of Hot
Springs To Utilize Federal-Aid Monies For The Gulpha Creek Bridge Replacement On
Honeycutt Street (Structure No. 19151).

45 - 61

7.

Consider Resolution R-26-142 A Resolution Approving A Term Contract With Coulson Oil
Company, Inc. For Onsite Fleet Fueling Services.

62 - 83

8.

Consider Resolution R-26-143 A Resolution Approving A Term Contract With FleetCor
Technologies Operating Company, LLC For Offsite Fleet Fueling Services.

84 - 87

9.

Consider Resolution R-26-144 A Resolution Authorizing The Filing And Acceptance Of The
2026 Law Enforcement Mental Health And Wellness Act Grant Administered By The
Department Of Justice, Office Of Community Oriented Policing Services.

NEW BUSINESS
88 - 91

10.

Consider Resolution R-26-145 A Resolution Authorizing The Filing and Acceptance Of FY26
Community Oriented Policing Development Microgrant Program Funding To Support Hot
Springs Police Department's Drone As A First Responder (DFR) Program.

92 - 95

11.

Consider Ordinance O-26-31 An Ordinance Amending The Zoning Map For Lots 1, 2, And Part
Of Lot 3 Of Sour Rock Springs Subdivision From RN-2 Residential Neighborhood 2 To C-R
Regional Commercial Zone District; Changing The Future Land Use Plan Map From Residential
Low Density To Linear Commercial Corridor To Correct A 2002 Mapping Error; And For Other
Purposes.

96 - 100

12.

Consider Ordinance O-26-32 An Ordinance Calling For An Election To Be Held During The Next
General Election (November 3, 2026) On The Question Of Authorizing Sunday Sales Of
Alcoholic Beverages For Off-Premise Consumption In Hot Springs, Arkansas

G.

BOARD COMMENTARY

H.

ADJOURNMENT

PUBLIC COMMENTARY
Page 2 of 100

MINUTES
Board of Directors Meeting
6:00 PM - Tuesday, August 4, 2026
Board Chambers, City Hall
Invocation by Pastor David Mitchell with Central Baptist Church
Pledge of Allegiance led by Mayor Pat McCabe
Call to Order

A.

B.

ROLL CALL OF BOARD OF DIRECTORS
Present:

Directors Erin Holliday - District 1, Phyllis Beard - District 2, Marcia
Dobbs-Smith - District 3, Dudley Webb III - District 4, Karen Garcia District 5, Steve Trusty - District 6, Pat McCabe - Mayor

Not Present:

none

Also Present:

Bill Burrough - City Manager, Brian Albright - City Attorney, Lance
Spicer - Deputy City Manager, Denny McPhate - Deputy City Manager,
Harmony Morrissey - City Clerk

CONSIDER APPROVAL OF THE AGENDA
Motion to Approve the Agenda as Presented
Director Garcia made a motion, duly seconded by Director Trusty, to approve the agenda as
presented. Upon voice vote the motion passed 7-0.

C.

CONSIDER APPROVAL OF MINUTES
Motion to Approve the Minutes as Presented
Director Webb made a motion, duly seconded by Director Garcia, to approve the minutes as
presented. Upon voice vote the motion passed 7-0.
>

Regular Meeting held on July 21, 2026

D.

RECOGNITION OF GUESTS

E.

CONSIDER CITY MANAGER’S REPORT
City Manager Bill Burrough reported on the following items:


Quarterly Financial Report was given by Karen Scott - Director of Finance

Page 1 of 7

Page 3 of 100



New Hires
o Faith Mueller - HSPD Crime Scene Technician
o Jesse Cremeans - Intracity Transit Driver
o Elisha Ortiz - Intracity Transit Driver
o Joseph Tollett - Street Division Concrete Worker
o Dalton Trichell - Airport Line Attendant



Compost Facility
o The City of Hot Springs Compost Facility has fully restocked its compost
material, and has resumed assisted loading Monday- Thursday from 8 a.m. to
3:30 p.m. Information on our compost program can be found under the City’s
Utility’s page on the City’s website at hotspringsar.gov.



Community Resource Center
o FREE Civil Legal Clinic on August 21st at the Hot Springs Community Resource
Center located at 109 Hobson from 10 am to 2 pm. The class is open to the
public and will go over Estate Planning, Record Sealing, Family Law and
Landlord/Tenant matters. This class is presented by Legal Aid of Arkansas.



Law Enforcement Officers of the Year
o Elks Lodge #380 will recognize local Law Enforcement Officers of the Year
during a special ceremony on Wednesday, August 6, at 5:30 p.m.
o This year, the Hot Springs Police Department has selected Officer First Class
Omar Cervantez as its Officer of the Year in recognition of his outstanding
service and dedication to the community.



Cooling Center
o From July 18 - 26, the Community Resource Center (CRC) opened as a daily
cooling shelter due to extreme heat conditions. During this timeframe, more
than 870 individuals and families used the CRC as a relief from the heat, while
also being offered essential hygiene services and lunch. A special thank you
goes to each of the individuals who donated to the CRC during this time - your
gifts allowed the CRC to continue to help others.
o The Community Resource Center, located at 109 Hobson Avenue, is open
Monday through Friday from 8:00 a.m. to 5:00 p.m. During normal operation
hours anyone seeking relief from the heat are encouraged to go and take
advantage of the cool air conditioning available at the Community Resource
Center.



Operation Clean Sweep
o The City of Hot Springs Neighborhood Services Division, in partnership with the
Solid Waste Department, held its second Operation Clean Sweep for 2026
from July 13 - 31, in the area between Lakeshore Drive and E Santa Cruz Drive,
from Casalinda Circle to Cortex Street (including Green Forest Heights
Board of Directors
August 4, 2026
Page 2 of 7

Page 4 of 100

Subdivision, Spruce Street, Village South Subdivision, and Village Road).
o During the three-week event, Neighborhood Service Inspectors delivered 366
informational packets and issued 52 specific violation notices, reflecting an
86% compliance rate. In part, the Solid Waste Department's CAPS team made
109 stops and collected 15.34 tons of debris from area residents for disposal.

F.

•

Parks
o The Hot Springs Parks and Recreation Department has officially relocated to its
new offices at 900 Whittington Avenue. Citizens can continue contacting the
department using the same phone numbers, and those needing in-person
assistance can now visit the new location.
o The move has gone smoothly, and staff are now settled into the facility and
working through the unpacking process. The Traffic Division is the final group
transitioning into the building and has begun moving equipment and materials
into the new space.
o The department is also making progress on several projects. Staff are currently
reviewing quotes for the installation of batting cages at Kimery Park. The
batting cages will be located adjacent to Field 4 and, once completed, will be
available on a first-come, first-served basis.
o Construction also continues on the David Watkins Splash Pad. The concrete has
been poured and is currently curing. Installation of the splash features is
expected to begin in mid-August, followed by system testing. A ribbon-cutting
ceremony will be announced once the project is complete.

•

ALETA Graduation
o The Hot Springs Police Department celebrated the graduation of new officers
Quinton Speer and Reece Martin, who graduated from the ALETA training
academy. Officer Speer and Officer Martin were two of the twelve Honor
Graduates for Basic Class 2026-B.

BOARD OF DIRECTORS ANNOUNCEMENTS REGARDING UPCOMING EVENTS
 Director Erin Holliday
o Gallery Walk
 Friday, 5 p.m. to 9 p.m.
 Downtown Hot Springs
 The August 7 Gallery Walk marks the 37th anniversary of this monthly
First Friday tradition, which began in August 1989. Beginning at 5 p.m.,
galleries along Central Avenue and in nearby downtown spaces will
welcome the community to explore art, music, and creativity
throughout the evening. Visitors can enjoy new exhibitions, featured
artists, live music, and special experiences all while supporting Hot
Springs vibrant arts scene.


Director Phyllis Beard
Board of Directors
August 4, 2026
Page 3 of 7

Page 5 of 100

o National Night Out
 The National Night Out Block Party was scheduled for August 4, 2026
beginning at 7:00 p.m.
•

Director Dudley Webb III
o Hot Springs Baseball Weekend
 Saturday, August 7 at 7:00 p.m.
 Hot Springs Convention Center
 Six baseball legends, including three Hall of Famers, will be in Hot
Springs celebrating the Spa City’s history as The Birthplace of Major
League Baseball Spring Training! This year’s lineup includes Hall of Fame
members Fred McGriff and Jack Morris. They’ll be joined by Dale
Murphy, Bill "Spaceman" Lee, Dave Stewart, and Al Hrabosky, Arrison
said. McGriff and Morris will be first-timers at the annual celebration,
which includes talks by the legends, interaction with fans, a huge
baseball card show and other activities. More information can be found
at hotsprings.org.

•

Director Karen Garcia
o Celebrate 150 Years
 On August 11th, Hot Springs will celebrate 150 years! Join us in
celebrating our sesquicentennial on Tuesday, August 11 with a 150th
Birthday Gala, presented by Oaklawn, at the Hot Springs Convention
Center. Proceeds will be given to the Garland County Historical Society.
o ASMSA Director
 On August 17th from 5:00 - 6:30 pm, a reception will be held for the
new director of ASMSA, Dr. Derek McDowell
 Held at Oaklawn Racing and Gaming Resort
CONSENT AGENDA SECTION
Director Garcia made a motion, duly seconded by Director Trusty, to approve the Consent
Agenda as presented. Upon voice vote the motion passed 7-0.

1.

Consider Resolution R-26-131 A Resolution Acknowledging Receipt Of The City
Of Hot Springs Financial Statements For June 2026.

2.

Consider Resolution R-26-132 A Resolution Authorizing The Filing And
Acceptance Of 2025 Staffing For Adequate Fire & Emergency Response
(SAFER) Grant Funding Through The Department Of Homeland Security.

3.

Consider Resolution R-26-133 A Resolution Awarding A Term Contract For
HVAC Service (Non-Comprehensive) And Preventive Maintenance
(Comprehensive) To Comfort Systems USA (Arkansas) Inc.

4.

Consider Resolution R-26-134 A Resolution Awarding A Term Contract To
Varela Enterprises LLC d/b/a Rolling Suds Of Central Arkansas For Certain
Downtown Pressure Washing Services.
Board of Directors
August 4, 2026
Page 4 of 7

Page 6 of 100

5.

Consider Resolution R-26-135 A Resolution Authorizing The Filing And
Acceptance Of A Grant Application To The Arkansas Economic Development
Commission For The Community Assistance Grant Program (ACAG) In the
Amount Of $180,000 To Complete the Campus Backup Generator Project At
The Community Resource Center.

NEW BUSINESS
1.

Consider Ordinance O-26-29
Motion to Suspend Rules and Read by Title Only: A motion was made by
Director Trusty, duly seconded by Director Webb.
A Motion Entitled, "An Ordinance Establishing Free Parking On Levels 3A And
3B Of The Exchange Street Parking Plaza; Amending H.S.C. § 10-7-2, As
Amended, And H.S.C. § 13-4-2.3; And For Other Purposes," was taken from the
agenda and read once by title only (City Attorney).
Discussion: Directors Holliday, Dobbs-Smith, Webb, Garcia, Trusty and McCabe
Speaker: Tyler Draper
Staff: Lance Spicer - Deputy City Manager
Motion to Amend: Director Webb made a motion, duly seconded by Director
Beard, to have paid parking on Central Avenue only (primary parking) with all
other parking free (removing all secondary parking).
Discussion: Directors Holliday, Dobbs-Smith, Webb, Garcia, Trusty and McCabe
Roll Call: Mayor Pat McCabe called for a vote on the Motion to Amend; and
upon roll call the following voted "aye", Directors Beard, Webb and Garcia,
total 3. Voting "no", Directors Holliday, Dobbs-Smith, Trusty and McCabe, total
4. Motion fails 3-4.
Roll Call: Mayor Pat McCabe called for a vote on the Motion to Adopt; and
upon roll call the following voted "aye", Directors Holliday, Beard, DobbsSmith, Webb, Garcia, Trusty and McCabe, total 7. Voting "no", none, total 0.
Motion passed 7-0.

2.

Consider Ordinance O-26-30
Motion to Suspend Rules and Read by Title Only: A motion was made by
Director Trusty, duly seconded by Director Dobbs-Smith.
A Motion Entitled, "An Ordinance Waiving Competitive Bidding And Approving
The Emergency Repair And Stabilization Of A Sinkhole On Broadway Street By
Board of Directors
August 4, 2026
Page 5 of 7

Page 7 of 100

Proshot Concrete, Inc.; And Approving A Budget Adjustment. ($100,000)," was
taken from the agenda and read once by title only (City Attorney).
Discussion: Directors Garcia, Trusty and McCabe
Speaker: none
Staff: Denny McPhate - Deputy City Manager
Roll Call: Mayor Pat McCabe called for a vote on the Motion to Adopt; and
upon roll call the following voted "aye", Directors Holliday, Beard, DobbsSmith, Webb, Garcia, Trusty and McCabe, total 7. Voting "no", none, total 0.
Motion passed 7-0.
G.

BOARD COMMENTARY
• Director Dudley Webb III
o The Parks & Trails Department is doing a great job from the ribbon cutting of
Stokes Creek, the David Watkins splash pad, park playground equipment, to
the general maintenance of the Greenway which is outstanding. The possibility
of enhancements at Adair Park is exciting.
o Central Avenue re-paving project - thank you to all involved in supporting the
project that will be a blessing to the City.
• Director Karen Garcia
o Reminder that local schools are beginning to head back for the year, slow down
and watch for buses, etc
• Director Steve Trusty
o Congratulations to City Manager Bill Burrough for the work done to keep
Windows USA in Hot Springs
• Mayor Pat McCabe
o Article from Travel & Leisure lists Hot Springs as the #1 up and coming
destination to visit
o Wife lost wallet at Walmart and it was recovered, thank you to all who helped

H.

ADJOURNMENT
There being no further business to come before the Board, a motion was made by Director
Garcia, duly seconded by Director Webb, that the meeting be adjourned; and upon voice vote
the motion unanimously carried 7-0. The meeting adjourned at 7:54 p.m. to meet again on
August 18, 2026 at 6:00 p.m.

PUBLIC COMMENTARY

_________________________________________________________________

DATE:

Board of Directors
August 4, 2026
Page 6 of 7

Page 8 of 100

_________________________________________________________________

Harmony H. Morrissey, City Clerk

___________________________________________________________
Pat McCabe, Mayor

Board of Directors
August 4, 2026
Page 7 of 7

Page 9 of 100

R-26-136

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Finance

AGENDA MEETING
STAFF REPORT:

Karen Scott

SUBMITTED:

August 5, 2026

BOD MEETING STAFF
REPORT:

Karen Scott

SUBJECT:

Consider Resolution R-26-136 A Resolution Authorizing The City Of Hot Springs To Participate
In The Arkansas Purchasing Card Program Through US Bank; And For Other Purposes.

ATTACHMENTS:

R-26-136

BACKGROUND INFORMATION:
The City currently participates in the State of Arkansas Purchasing Card (P-Card) program with Bank of America. The
State has entered into a new contract with US Bank for the P-Card program beginning September 1, 2026. US Bank
offers improved payment and processing integration, greater data visibility, additional rebate opportunities, and
additional card type options.
Staff recommends continuing participation in the Arkansas Purchasing Card Program and requests authorization to
submit the requisite P-card application/agreement through the Office of State Procurement (OSP) to US Bank. link to
OSP site: State Credit Cards - Arkansas Department of Shared Administrative Services
ANNUAL BUDGET APPROVAL:
☐ Yes
☒ No
☐ N/A
FINANCIAL IMPACT:
None.
ALTERNATIVES:
Table or deny.

Harmony Morrissey, City Clerk
Karen Scott, Finance Director

Approved - 07 Aug 2026
Approved - 07 Aug 2026

Page 10 of 100

Lance Spicer, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 07 Aug 2026
Approved - 10 Aug 2026
Approved - 10 Aug 2026

Page 11 of 100

RESOLUTION NO. R-26-136
A RESOLUTION AUTHORIZING THE CITY OF HOT SPRINGS TO PARTICIPATE
IN THE ARKANSAS PURCHASING CARD PROGRAM THROUGH US BANK; AND
FOR OTHER PURPOSES.
WHEREAS, The State of Arkansas has implemented the Arkansas Purchasing Card
Program to simplify, streamline, and facilitate the purchase and payment process for official
government business; and
WHEREAS, the State of Arkansas Purchasing Card (P-Card) program is currently
provided through Bank of America but the State has entered into a new contract with US Bank
for the P-Card program beginning September 1, 2026; and
WHEREAS, staff recommends continuing participation in the Arkansas Purchasing Card
Program and requests authorization to submit the requisite P-card application/agreement through
the Office of State Procurement (OSP) to US Bank.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas;
That the City of Hot Springs is hereby authorized to participate in the Arkansas
Purchasing Card Program which is administered by the Office of State Procurement (OSP); and
provided further, that the City’s Finance Director is authorized and directed to execute and
submit the requisite P-card application/agreement with US Bank through the Office of State
Procurement (OSP) including any organizational details, contact information and other
requirements to participate in the program and, once enrolled, to abide by all program policies
and procedures.
PASSED: ______________________________
APPROVED: ___________________________________
PAT McCABE, MAYOR
ATTEST: ___________________________________
HARMONY MORRISEY, CITY CLERK

Page 12 of 100

R-26-137

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Public Works

AGENDA MEETING
STAFF REPORT:

Ronald Sievwright

SUBMITTED:

August 4, 2026

BOD MEETING STAFF
REPORT:

Ronald Sievwright

SUBJECT:

Consider Resolution R-26-137 A Resolution Approving A Term Contract With Becdavis Inc.
d/b/a Jan-Pro Of Arkansas For Janitorial Services At Certain City Facilities.

ATTACHMENTS:

R-26-137

BACKGROUND INFORMATION:
Staff recommends approval of Term Contract for janitorial services for certain city facilities with Becdavis Inc dba Jan-Pro
of Arkansas.
Request for Proposals HS-26-050 to provide the city with janitorial services at certain city facility locations was duly
advertised and issued. Proposals were sent out with twelve vendors responding. The vendors responding were:
1. Aquamen Cleaning LLC

Page 13 of 100

2. Ascend Ventures Group
3. Becdavis Inc d/b/a Jan-Pro of Arkansas
4. CB Facility Services, a Clean Bro LLC Company
5. Clean Conscious Janitorial LLC
6. Elite Floor Services LLC
7. Impact Cleaning Service
8. Janitorial Doctors Inc
9. Next Level Cleaning Southern Area LLC
10. Office Pride
11. Procare Janitorial Services LLC
12. Veteran Cleaning Service LLC
It should be noted that the RFP stated that the City intends to engage in contracts with multiple contractors or, if
deemed appropriate, a single successful contractor. Staff rated and ranked the respondents and Becdavis Inc d/b/a JanPro of Arkansas received the highest rating for a majority of the location. A notice of intent to award a term contract to
Becdavis Inc d/b/a Jan-Pro of Arkansas for the following departments/locations:
 City Hall - 133 Convention Boulevard
 City Hall Annex - 111 Opera Street
 Street Department - 214 Services Lane
 Transportation Depot - 100 Broadway Terrace
 Exchange Street Parking Deck
 Finance Dept/Utility Billing - 324 Malvern Ave.
 Whittington Building - 900 Whittington Ave.
 Airport Municipal Building - 525 Airport Road
 Fleet Services - 412 Leawood Street
 Police Department - 641 Malvern Avenue
 Animal Services - 319 Davidson Drive
 Community Resource Center - 109 Hobson Ave.
 Sanitation Department - Multiple Addresses
The term of the contract would be for one (1) year, with the option of renewal of four (4) twelve (12) month extensions
upon mutual agreement in an amount not to exceed the budgetary limitations of the departments utilizing the services.
Therefore, staff recommends that the Term Contract for janitorial services at the above-listed locations with Becdavis
Inc. d/b/a Jan-Pro of Arkansas.
ANNUAL BUDGET APPROVAL:
☒ Yes
☐ No
☐ N/A
FINANCIAL IMPACT:
Funds are budgeted associated departments budget
ALTERNATIVES:
Reject all proposals and conduct another procurement process.

Harmony Morrissey, City Clerk

Approved - 04 Aug 2026

Page 14 of 100

Ronald Sievwright, Public Works Director
Denny McPhate, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 05 Aug 2026
Approved - 05 Aug 2026

Page 15 of 100

RESOLUTION NO. R-26-137
A RESOLUTION APPROVING A TERM CONTRACT WITH BECDAVIS INC. D/B/A
JAN-PRO OF ARKANSAS FOR JANITORIAL SERVICES AT CERTAIN CITY
FACILITIES.
WHEREAS, Request for Proposals HS-26-050 to provide the city with janitorial services
at certain city facility locations was duly advertised and issued with twelve (12) vendors
responding; and
WHEREAS, City staff rated and ranked the proposal packages and Becdavis Inc. d/b/a
Jan-Pro of Arkansas received the highest rating for a majority of the locations; and
WHEREAS, staff recommends that the Term Contract for janitorial services at certain
city facilities be awarded to Becdavis Inc. d/b/a Jan-Pro of Arkansas.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas;
That a term contract is hereby approved with Becdavis Inc. d/b/a Jan-Pro of Arkansas to
provide janitorial services at the below listed city facilities, in an amount not to exceed budgetary
limitations of the user departments; and that this contract may be renewed for four 12-month
extensions upon board approval through the annual budgeting process. Provided further, that the
City Manager is authorized to act on behalf of the City in the administration of said contract.
•
•
•
•
•
•
•
•
•
•
•
•
•

City Hall - 133 Convention Boulevard
City Hall Annex - 111 Opera Street
Street Department - 214 Services Lane
Transportation Depot - 100 Broadway Terrace
Exchange Street Parking Deck
Finance Dept/Utility Billing - 324 Malvern Ave.
Whittington Building - 900 Whittington Ave.
Airport Municipal Building - 525 Airport Road
Fleet Services - 412 Leawood Street
Police Department - 641 Malvern Avenue
Animal Services - 319 Davidson Drive
Community Resource Center - 109 Hobson Ave.
Sanitation Department - Multiple Addresses

PASSED: ______________________________
APPROVED: ___________________________________
PAT McCABE, MAYOR
ATTEST: ___________________________________
HARMONY MORRISEY, CITY CLERK

Page 16 of 100

R-26-138

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Airport

AGENDA MEETING
STAFF REPORT:

Dustin Smith

SUBMITTED:

August 5, 2026

BOD MEETING STAFF
REPORT:

Dustin Smith

SUBJECT:

Consider Resolution R-26-138 A Resolution Approving A Lease Agreement Between The City
Of Hot Springs And Carco Carriage, LLC For Office Space In The Hot Springs Memorial Airport
(HOT) Terminal.

ATTACHMENTS:

R-26-138

BACKGROUND INFORMATION:
Carco Carriage Corporation (Hertz) has been providing rental car services at Hot Springs Memorial Field Airport (HOT)
since 2014.
Carco is currently operating under a lease agreement approved on August 19, 2025, by the Board of Directors through
passage of Resolution No. 10727. This Resolution approved a 2-year lease with Carco Carriage, LLC for counter space on
the ground floor of the terminal building and a maintenance building with grounds. The lease began on September 1,
2025 and the total annual rent is $12,294.96 which breakdown to $9,819.76 for the counter space in the terminal,
$1,803.20 for the maintenance building and $672 for the grounds.
Carco now desires to expand their footprint by leasing additional office/storage space on the 2nd floor of the terminal
building. Airport terminal room #200 is just 140 square feet in size and is located on the 2nd floor of the terminal
building. The attached lease for this office/storage space would be for $1,190 annually and become effective on
September 1, 2026, for a one (1) year lease with provisions to renegotiate for two (2), two (2) year extensions.
At the expiration of the leases with Carco staff contemplates negotiating a single lease agreement that would
encompass of spaces leased by Carco.
ANNUAL BUDGET APPROVAL:
☐ Yes
☒ No
☐ N/A

Page 17 of 100

FINANCIAL IMPACT:
A monthly revenue of $99.17 ($1,190.00 annually) for the airport.

Harmony Morrissey, City Clerk
Don Rowlett, Airport Director
Karen Scott, Finance Director
Lance Spicer, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 10 Aug 2026
Approved - 10 Aug 2026

Page 18 of 100

RESOLUTION NO. R-26-138
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF HOT
SPRINGS AND CARCO CARRIAGE, LLC FOR OFFICE SPACE IN THE HOT SPRINGS
MEMORIAL AIRPORT (HOT) TERMINAL.
WHEREAS, the City of Hot Springs owns and operates Hot Springs Memorial Field, an
840-acre, part 139 certified commercial airport located at 525 Airport Road; and
WHEREAS, Carco Carriage, LLC (Hertz) has been providing rental car services at
HOT since 2014 and wishes to expand their footprint by leasing airport terminal room #200 for
office/storage space; and
WHEREAS, per the lease agreement, the rent shall be $99.17 per month beginning
September 1, 2026 for a term of one year with the option to re-negotiate two additional two-year
terms.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas:
That the attached Lease Agreement between the City of Hot Springs, Arkansas and
Carco Carriage, LLC for certain space within the Terminal building located at the Hot Springs
Municipal Airport for a term of (1) one year commencing September 1, 2026 and ending on
August 31, 2027 at the price of $1,190 per year, due and payable in monthly installments on the
first of each month in the amount of $99.17 and with the option to re-negotiate for (2) two
additional (2) two year periods, is hereby approved; and provided further, that the City
Manager, or his designee, is authorized to act on behalf of the City in the administration of the
lease.
PASSED:
APPROVED:
PAT McCABE, MAYOR
ATTEST:
HARMONY MORRISSEY, CITY CLERK

Page 19 of 100

LEASE AGREEMENT
THIS LEASE made and entered into by and between the City of Hot Springs, a ?rst class
political subdivision general purpose government of the State of Arkansas, whose address is
Municipal Building, P. O. Box 550, Hot Springs, Arkansas (hereinafter referred to as
"Landlord") and, Carco Carriage, LLC, an Arkansas Limited Liability Company, (hereinafter
referred to as "Tenant") of PO. Box 6367, Fort Smith, Arkansas.
(1a) PREMISES: The Landlord hereby leases and demises unto Tenant and the Tenant hereby
leases from the Landlord, the use and occupancy of certain of?ce space within the premises
known as the Terminal Building, a building situated on Airport Property in the City of Hot
Springs, Garland County, Arkansas, which is hereinafter referred to as the "Building." Said
Building is shown for identi?cation purposes on the attached as Lease Exhibit "A". The space
leased to Tenant is described as follows: Room 200 (14050 on the second ?oor of the Airport
Terminal Building for the purpose of materiel storage and security, Exhibit “B”.

(1b) GROUNDS: The Landlord hereby also grants the right of use by the Tenant to outside areas
described as the grounds and parking lots surrounding the above-described building. The tenant
and his guests and employees are granted use of these properties and facilities in common with
other tenants on a non-exclusive basis. Landlord covenants to the Tenant that the grounds and
parking lots will be maintained at the expense of the Landlord. Tenant agrees to make no
permanent or extended use of any portion of the gromids or parking lot without written
permission from the Landlord for such speci?c use.
(1c) COMMON USE AREAS: The Landlord hereby also grants the right of non-exclusive use to
the Tenant of areas described as those for common use. These areas include the grounds and
parking lot as described above. In addition, common use areas shall describe certain in-building
facilities, such as the restrooms and lobby area, hallways between other leased spaces in the
Terminal ?oor area, not leased to other tenants. The Landlord shall be responsible for all
cleaning, maintenance, and repair of these described common use areas.

(2) TERM: The term of this Lease shall be for a period of One 11 1year commencing on the _1__st
Tenant shall have the option to
day of September 2026, ending on the M day of August
re-negotiate this Lease for an additional Two 12) Two 121year periods. The lease payment is
subject to adjustment on an annual basis to re?ect the cumulative effect between current
year dollars and the value of dollars at the time of renewal as de?ned by the U. S.
Department of Labor, Bureau of Labor Statistics, Consumer Price Index - cost of living
factor adjusted for regional area equivalence. This review will be conducted for the month
of March, annually.

m.

(3) RENT:
(3a) The Tenant shall pay to the Landlord as rent $1,190.00 per annum for the above-described
premises. The rent shall be due and payable in monthly installments of $99.17. The ?rst
installment being due on the lst day of September 2026, and each successive installment being

Page 20 of 100

due and payable on the lst day of each and every succeeding calendar month of said term. All
rents due to the Landlord and any other monies due to the Landlord under the terms of this Lease
shall be payable at Hot Springs Airport, 525 Airport Road, Hot Springs, Arkansas, 71913, or
such other place as the Landlord may, from time to time, designate in writing.
(4) RENEWAL: This Lease shall be renewable under the terms described in paragraph 2. Should
Tenant desire to exercise his option for renewal, noti?cation should be received by the Landlord
not later than 90 days prior to the end of the current lease period. Should Tenant be allowed to
remain in possession after termination of this Lease, either by virtue of the expiration of the term
or by reason of the breach of any of its provisions by the Tenant or should Landlord accept any
rent after such termination, then neither the remaining in possession nor the acceptance of the
rent shall be deemed a renewal of this Lease, or a tenancy from term-to-term, but the status of the
Tenant shall be deemed that of a Tenant at will, and the Tenant will vacate the premises upon
being given thirty (30) days” notice to do so by the Landlord.
(5a) USE OF PREMISES: Tenant shall not at any time leave the demised premises vacant but
shall in good faith continuously throughout the term of this Lease conduct and carry on in the
entire demised premises the type of business for which the demised premises are leased.

(5b) Tenant shall not, without Landlord's prior written consent, keep anything within the
premises or use the premises for any purpose which invalidates any insurance policy carried on
the demised premises or other properties comprising the Municipal Airport. All property kept,
stored, or maintained within the premises by the Tenant shall be at Tenant's sole risk.
(5c) The Tenant shall have the reasonable right to install items of equipment and make nonstructural changes within the leased premises. Upon termination of the Lease, the Tenant shall
have the right of removal of those improvements which have not become a part of the structure.
(5d) Tenant shall take good care of the demised premises and keep the same free from waste at
all times. Tenant shall include the address and identity of its business activities in the demised
premises in all advertisements made by Tenant in which the address and identity of any similar
local business activity of Tenant is mentioned. Tenant shall procure at its sole expense any
permits and licenses required for the transaction of business in the demised premises and
otherwise comply with all applicable laws, ordinances, and governmental regulations.

(5e) The use of leased premises for the sale of aviation fuel is speci?cally prohibited. Any such
action shall be grounds for immediate lease termination and eviction.
(6) MAINTENANCE AND REPAIR: Subject to the Landlord’s duty to repair, in the event of
destructionof all or part of the premises, the Tenant is solely responsible for all maintenance and
repairs to the leased premises. The Tenant shall keep the demised premises in good, clean, and
habitable condition. At the expiration of this Lease, Tenant shall surrender the demised premises
in good condition,excepting reasonable wear and tear. The Landlord shall be responsible for all
maintenance and repair to the grounds, parking lot, outside lighting, structure, common use
areas, roof, heat and air-conditioning systems, and sprinkler system. The Tenant shall be

Page 21 of 100

responsible for any repair to the Landlord's holdings which may be required as a direct result of
actions by the Tenant or his employees.
(7) ALTERATIONS AND REPAIRS: The Landlord hereby grants to the Tenant the right to
make reasonable alterations to the building and land described above. This grant of authority
shall not include the basic structure of the building. Prior to the beginning of any construction,
the Tenant shall provide to the Landlord for review, plans and speci?cations for the construction
on its premises. Further, all such improvements, whether signi?cant to the main structure, and
thereby requiring prior written approval, or within the authority granted to the Tenant shall be
done wholly at the expense of the Tenant. All such improvements and alterations to the building,
which are ?xed and made a permanent part of the structure, shall be considered as improvements
to the Landlord's property. Landlord retains title to the real property and any improvements upon
the real property which shall during the term of the Lease become af?xed. Therefore, the Tenant
shall not mortgage, assign or otherwise attempt to encumber the Landlord's property or any

properties which become af?xed to the Landlord's property and Tenant will hold Landlord
harmless from any liens which might arise as a result of construction or improvements or
alterations performed by Tenant. All construction work done by Tenant within the demised
premises shall be performed in a good and workmanlike manner, in compliance with all
governmental regulations.

(8) SIGNS AND STORE FRONTS: Tenant shall not, without Landlord's prior written consent,
make any changes to the premises' front or install any exterior lighting, decorations, or paintings
or erect or install any signs, window or door lettering, placards, decorations or advertising media
of any type which can be viewed from the exterior of the demised premises. All signs consented
to by the Landlord
shall be kept in good condition and in proper operating order at all times. Any
proposed signage must conform to existing local ordinances and Airport sign policy. Any
approved sign installed by the Tenant for the Tenant's sole bene?t, shall be installed, operated,
and maintained at the sole expense of the Tenant. Should the Landlord decide to install a
common use sign, the installation and operation of such a sign shall be at the expense of the
Landlord, with only the installation of the Tenant's portion being the Tenant's responsibility.
(9) UTILITIES: The Landlord agrees to be solely responsible for all utility charges. If the Tenant
requires any alterations of existing utility services beyond those currently provided to the
structure, the cost of those changes shall be borne solely by the Tenant.

(10) INDEMNITY AND PUBLIC LIABILITY INSURANCE: Landlord shall not be liable to
Tenant or to Tenant's employees, agents, visitors, or students or to any other person
whomsoever, for any injury to person or damage to property on or about the demised premises
caused by the negligence or misconduct of Tenant, its employees, subtenants, licensees or
concessionaires, or of any other person entering the premises under express or implied invitation
of Tenant, or arising out of the use of the premises by Tenant and the conduct of its business
therein, or arising out of any breach or default by Tenant in the performance of its obligations
hereunder; and Tenant hereby agrees to indemnify Landlord and hold it harmless from any loss,
expense or claims arising out of such damage or injury. Tenant shall procure and maintain
throughout the term of this Lease a policy or policies of insurance providing premises liability, at
its sole cost and expense, insuring both Landlord and Tenant against all claims, demands or

Page 22 of 100

actions arising out of or in connection with Tenant's use or occupancy of the demised premises,
or by the condition of the demised premises, the limits of such policy or policies to be in an
amount not less than $300,000. Tenant shall also, at its sole cost and expense, procure and
maintain automobile liability insurance providing against loss or damage to persons or property
from operation of automobile and any accidents occurring on or about the roads, driveways, or
other public places used by Tenant in the operations hereunder. Such insurance policy or policies
to be in an amount not less than $300,000. These policies are to be written by insurance
companies with a preference of rating of A as per the Best Insurance Rating Guide and registered
with the State of Arkansas. Tenant shall obtain a written obligation on the part of each insurance
company to notify Landlord at least thirty (30) days prior to cancellation of such insurance. Such
policies or duly executed certi?cates of insurance shall be promptly delivered to Landlord and
renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the
expiration of the respective policy terms. If Tenant should fail to comply with the foregoing
requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay to
Landlord on demand as additional rent hereinafter the premium cost thereof plus interest at the
maximum contractual rate (but in no event to exceed ?ve percent (5%) above Federal discount
rate, per annum) from the day of payment by Landlord until repaid by Tenant.
FOR CERTAIN DAMAGES: Landlord and Landlord‘s agents and
employees shall not be liable to Tenant for any injury to person or damage to property caused by
the demised premises or other portions of the airport becoming out of repair or by defect or
failure of equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas,
water, ?ood, steam, electricity or oil leaking, escaping or ?owing into the demised premises
(except where due to Landlord's negligent failure to make repairs required to be made hereunder,
after the expiration of a reasonable time after written notice to Landlord of the need for such
repairs) or by ?re, nor shall Landlord be liable to Tenant for any loss or damage that may be
occasioned by or through the acts or omissions of other Tenants of the Airport or any other
persons whomsoever, excepting only duly authorized employees and agents of the Landlord.
Nothing contained herein shall be construed to mean that Landlord is disclaiming any implied
warranties of habitability or otherwise as currently imposed by Arkansas law concerning new
construction and limited by the applicable Statute of Limitations.
(11)NON-LIABILITY

(12) DESTRUCTION OR DAMAGE TO PREMISES: If the leased premises shall be destroyed
by any cause whatever, or substantially destroyed, the following conditions shall apply:
(a) The Landlord shall repair partially destroyed structural loss or damage and may reenter and repossess the premises or any part thereof for such purpose; the Landlord shall

proceed with reasonable dispatch, unavoidable delays excepted, to restore the premises,
and this Lease shall continue in full force and effect except that, as the sole and exclusive
remedy of the Tenant, there shall be a proportionate abatement of the rent payable by the
Tenant during the time the premises are unsuitable for occupancy in whole or in part.
(b) Subject to the provisions of Section 17 hereof, insurance proceeds payable with
respect to damage to the premises shall be applied to repair the premises and the rent
shall be abated proportionately as to that portion which is rendered unusable.

Page 23 of 100

(c) The Landlord‘s liability for repair costs will be limited to the proceeds of covered
insurance, which will be assigned to repair efforts as described in paragraph (b), subject
to Section 17 hereof.
(d) If, after full performance of Landlord's duties under this Section, the premises have
not been fully repaired, Tenant may, at its option, complete such repairs at its expense; in
such event, rent shall be abated proportionately as to that portion of the premises which is
rendered unusable. If the Tenant does not elect to complete such repairs, Tenant may, at
its option: terminate this Lease; accept the premises with partial repairs for the remainder
of the lease term with a proportionate reduction in rent.
(e) In the event of substantial or total loss or damage, the Landlord shall have the right to
retain the insurance proceeds and terminate the Lease. In this event, the Tenant shall
surrender the premises to the Landlord who may enter the premises, and the Tenant shall
be liable for rent only to the time of the surrender of the premises.
(1 3) ENVIRONMENTAL ISSUES: Landlord covenants, represents and warrants that, after
diligent inquiry, to the best of Landlord's knowledge and information, the premises are free from
any ?ammable explosives, radioactive materials, hazardous wastes, toxic substances, or related
materials (hereinafter "Hazardous Materials"), and that the premises are in full compliance with
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. ss 9601 et seg,); the Hazardous Materials Transportation Act (49 U.S.C. ss
1801, et seg.); the resource Conservation and Recovery Act (42 U.S.C. ss 6091, et seg.); and all
other federal, state and local statutes, ordinances and regulations governing, de?ning or
regulating the manner and method of storage, transportation or disposition of Hazardous
Materials. Landlord shall be responsible for compliance or mitigation efforts to remedy hazards,
as de?ned by the acts above, which occurred prior to the initial term of this Lease, are on the
property and grounds, and/or not a result of Tenant's actions. Tenant shall indemnify and hold
harmless the City from any such liability with respect to acts or omissions of Tenant and its sublessees.
(14) CONDEMNATION: If the leased premises be subjected to any eminent domain
proceedings, the Lease shall terminate if all of the leased premises are taken or if the portion
taken is so extensive that the residue is unsuitable for Tenant's purposes. If the residue is suitable
for the Tenant’s purposes, then Tenant's rentals shall be reduced in the proportion which the
space taken bears to the space originally leased. In such condemnation proceedings, Tenant may
claim compensation from the condemner for the taking of any reasonable installations which by
the terms of this Lease Tenant would be permitted to remove at the expiration of this Lease, but
Tenant shall be entitled to no additional award, it being agreed that all damages allocable to full
fee simple ownership of the entire leased premises including ?xtures attached thereto shall in any
event be payable to Landlord.

(15) SUBLEASES AND ASSIGNMENTS: Subleases and assignments are n_0t authorized.
(16) TAXES AND INSURANCE: Tenant shall be liable for all taxes levied against personal
property described as premises and trade ?xtures placed by Tenant in the demised premises.
Landlord shall pay or cause to be paid all general real estate taxes, general and special
assessments and governmental charges levied against the above-described grounds and premises

Page 24 of 100

for each real estate tax year. The Tenant shall maintain and carry ?re and extended coverage
insurance on his own personal property, equipment and etc. located within the leased premises in
an amount suf?cient to satisfy the Tenant. No claim shall be made against the Landlord for any
reimbursementsnot covered by the Tenant‘s insurance, should such an event occur.
(1 7) DEFAULT:

(a) Upon the occurrence of an Event of Default (as de?ned below) which is not cured within ten
(10) days written notice to Tenants, all subsequent unpaid installments of rent shall immediately
become due and payable, and this Lease, at the option of the Landlord, thereupon shall be
terminated. The Landlord shall also have any or all of the following additional rights:
(1) To enter the leased premises as the agent of the Tenant, either by force or otherwise,
without being liable to any prosecution.
(2) To relet the premises on terms acceptable to the Landlord and to apply the rent, less
expenses, to the Tenant's obligation.
(3) To collect from the Tenant, on demand, any de?ciency in the rent which may arise by
reason of breach of the Lease.
(4) To immediately void the terms and conditions of this Lease and to enter and take

possession of the grounds and premises.
(5) To pursue any other remedies available at law in equity.

(b) As used herein, the term “Event of Default" shall mean the Tenant's failure to pay the rent on
the due date set forth herein or to comply with any other term or provision of this Lease; the
Tenant's ?ling of any Petition in Bankruptcy; the bankruptcy adjudication of the Tenant under
the laws of the United States; an assignment by the Tenant of any act of insolvency of the
Tenant's becoming insolvent; any transfer by the Tenant of property which might tend to defeat
the collection of the rent due or to become due under this Lease; or the Tenant‘s leaving the
premises vacant for more than thirty (30) days.
(c) No provision of this Lease shall be deemed to have been waived by the Landlord unless such
waiver be in writing signed by the Landlord. The failure of the Landlord to insist upon a strict
performance of any of the terms, conditions and covenants herein shall not be deemed a waiver
of any rights and remedies of the Landlord nor shall it be deemed a waiver of any subsequent
breach or default in any of the terms, covenants and conditions contained herein.

(18) TENANT TERMINATION OF LEASE: Should Tenant, for whatever reason, desire to
terminate this Lease, he shall be allowed to do so, without penalty, by noti?cation as described in
this document of his intention to terminate the Lease and vacate the premises by giving the
Landlord a six-month (6) advance noti?cation of said intention.
(19) TRANSITION PROVISIONS: The action of execution of this lease document shall void
any and all prior existing leases between the Tenant and the Landlord. Such action shall be
effective on the date of execution.

Page 25 of 100

(20) LAWFUL PURPOSES: Tenant covenants and agrees that he will not conduct nor permit to
be conducted any unlawful business upon the premises; that he will comply with all laws,
ordinances and regulations, federal, state or local, governing the use of the premises and any
expense of such compliance shall be borne solely by the Tenant.
(21) LIEN ON TENANT'S PROPERTY: The Tenant agrees that the Landlord shall have lien
upon all the furnishings and ?xtures belonging to the Tenant to secure the payment of all rentals
and the performance of the conditions of this Lease. Landlord's lien shall be subordinate to any
recorded purchase money mortgages.

(22) NOTICES:
(a) Wherever any notice is required or permitted hereinafter, such notice shall be in writing. Any
notice or document required or permitted to be delivered hereunder shall be deemed to be
delivered whether actually received or not when deposited in the United States mail, postage
prepaid, certi?ed mail, return receipt requested, addressed to the parties hereto at the respective
addresses set out in the introductory clause to this lease agreement, or at such other addresses as
they have theretofore speci?ed by written notice.
(b) If and when included within the term "Landlord" as used in this instrument, there are more
than one person, ?rm or corporation, all shall jointly arrange among themselves for their joint
execution of such notice specifying some individual at some speci?c address for the receipt of
notices and payments to the Landlord; if and when included within the term "Tenant" as used in
this instrument, there are more than one person, ?rm or corporation, all shall jointly arrange
among themselves for their joint execution of such a notice specifying some individual at some
speci?c address for the receipt of notices and payments to Tenant. All parties included within the
terms "Landlord" and "Tenant," respectively, shall be bound by notices and payments given in
accordance with the provisions of this Article to the same effect as if each had received such
notice or payment.
(23) ENTIRE AGREEMENT: This Lease contains the entire agreement between the parties, and
no agreement shall be effective to change, modify or terminate this Lease in whole or in part
unless such agreement is in writing and duly signed by the party against whom enforcement of
such change, modi?cation or termination is sought. In this regard, it is speci?cally understood
and agreed that Tenant shall not for any reason withhold or reduce its required payments of
rentals and other charges provided in this Lease, until full agreement between Landlord and

Tenant has been reached in writing.
(24) PARTIES BOUND: The terms, provisions and covenants contained in this Lease shall apply
to, ensure the bene?t of and be binding upon the parties hereto and their respective heirs,
successors in interest and legal representatives except as otherwise herein expressly provided.
(25) SEVERABILITY: In the event any provision of an Exhibit or any other attached page shall
be inconsistent with a provision in the body of this Lease, the provision as set forth in the Exhibit

shall be deemed control.

Page 26 of 100

(26) TITLE AND QUIETENJOYMENT: Landlord covenants and warrants that it is the owner
in fee simple absolute of the leased premises and may lease said premises as herein provided.
Upon payment by Tenant of the rents herein provided and upon the observance and performance
of all the covenants, terms and conditions upon Tenant‘s part to be observed and performed,

Tenant shall peaceably and quietly hold and enjoy the demised premises for the term hereby
demised without hindrance or interruption by Landlord or any other person or persons lawfully
or equitably claiming by, through or under Landlord, subject to the terms and conditions of this
Lease.
(27) CORPORATION STATUS: The parties acknowledge and agree that the Carco Carriage,
LL_Cis Arkansas Limited Liability Company, and all acts herein shall be authorized by proper
resolution of the managing member(s) thereof. Notwithstanding the foregoing, the individual
member(s) of the limited liability company have agreed to guarantee the terms hereof. Liability
heretofore, this obligation being solely an obligation of the company.

(28) LANDLORD'S REPRESENTATION: Landlord represents and warrants that it is duly
authorized by law to enter into this lease agreement and to perform all duties undertaken by it
herein, and that its agents executing this Lease are fully authorized by law and by appropriate

resolutions to bind Landlord.
This Lease consists of twenty-eight (28) articles and ten (10) typewritten pages, including
acknowledgments, together with exhibits. In the event any provision of an Exhibit or other
attached page shall be inconsistent with a provision in the body of this Lease, the provision as set
forth in the Exhibit shall be deemed to control.
(The following page is the Signature page.)

Page 27 of 100

IN WITNESSWHEREOF, the parties have hereunto set their hands and seals on this
20
of

.

day

CITY OF HOT SPRINGS, LANDLORD
By:

Pat McCabe, Mayor

ATFEST:
Harmony Morrisscy, City Clerk

CARCO CARRIAGE,

By:

C, TENANT

MW

Printed Name
Individually and as authorized
Manager/Member

Page 28 of 100

Exhibit A
Terminal

Hertz
Counter

Page 29 of 100

Exhibit B
Terminal Storage Room

Page 30 of 100

R-26-139

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☐ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

City Attorney

AGENDA MEETING
STAFF REPORT:

Brian Albright

SUBMITTED:

July 28, 2026

BOD MEETING STAFF
REPORT:

Brian Albright

SUBJECT:

Consider Resolution R-26-139 A Resolution Setting The Time And Date Of A Public Hearing On
The Petition To Establish The Hot Springs Municipal Property Owners’ Multipurpose
Improvement District No 26-75 Of Garland County, Arkansas (Callie Ridge Estates
Subdivision).

ATTACHMENTS:

R-26-139

BACKGROUND INFORMATION:
An improvement district is a legal entity subset of a city or county, formed by property owners who petition to form a
district for the purpose of providing some kind of service to its property owners. These services are funded by a tax or
“assessment” which is most often placed on the county real estate tax bill. Each county clerk is required to receive and
file an annual improvement district report form any district using the county collector for assessments. From these
reports, industry sources note that there are currently over 250 active improvement districts in 20 Arkansas counties,
covering a wide range of services and purposes.
While the term “multi-purpose improvement district” is not explicitly defined, Arkansas law recognizes several types of
improvement districts under Arkansas Code Title 14, Subtitle 5. These include:
 Municipal improvement districts (Chapter 88)
 Suburban improvement districts (Chapter 92)
 Property owners’ improvement districts (Chapter 93)
 Municipal property owners’ improvement districts (Chapter 94)
 Urban service districts (Chapter 95)
 Broadband improvement districts (Chapter 96)

Page 31 of 100

Because these categories can serve multiple purposes (e.g., infrastructure, utilities, levee, drainage, fire, broadband,
public spaces), they are often considered multi-purpose in practice.
Improvement Districts may be used to borrow money to construct the infrastructure and/or maintain them in the
future. A group of property owners determine if there is an interest in providing a service and having a tax or
“assessment” placed on their county real estate tax bills to pay for it. Forming a district results from property owners
signing a petition to determine the proper number of signatures has been obtained. A title company confirms the
signatures on the petition constitute all of the owners of real property within the proposed district and identifies any
mortgage holders.
The petitions are filed with the city clerk and sent to the Board of Directors for formal creation of the District. See. A.C.A
§14-94-105. The Board of Directors must hold a public hearing in order to ascertain whether those signing the petition
constitute all the owners of the property within the proposed district. At the hearing, if any mortgagee holding a first
mortgage lien on more than 10% of the subject property objects, the Board shall reject the petition.
However, if the Board determines that all the owners of the real property in the subject area have signed the petition,
the Board shall by ordinance establish the district.
A.C.A §14-94-105states:
(a) Upon the petition of all the owners of the record title as reflected by the deed records in the office of the circuit clerk
and ex officio recorder of the pertinent county, it shall be the duty of the governing body to:
(1) Lay off into an improvement district the territory described in the petition for the purpose of purchasing,
accepting as a gift, constructing, or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the installation by public utilities or municipal utilities of
electric and telephone distribution systems, sanitary sewers, streets and highways, including curbs and gutters,
and sidewalks, together with facilities related to any of the foregoing, or for more than one (1) of those
purposes; and
(2)
(A) Name as commissioners of the district the three (3) individuals whose names appear in the petition if
the petition contains those names, and if not, then three (3) individuals of integrity and good business
ability who own real property in the district or are creditors of the district or live in the district.
(B) In the event that a property owner or creditor is a corporation, partnership, trust, or other legal
entity, any officer, director, trustee, employee, or other designated representative of the entity may be
named and appointed as a commissioner.
The ordinance shall define the boundaries of the district and appoint the commissioners as named in the petition. A.C.A
§14-94-106. The commissioners of the district have full, legal authority to conduct district business. Once approved, the
City has no legal authority over the district, except to remove commissioners at the formal request of the property
owners. See A.C.A §14-94-108 which states:
(a) When the owners of two-thirds (⅔) in assessed value of the real property located within any district shall sign
a petition stating that the petitioners believe it to be in the best interest of the district that the board, or any
member thereof, be removed and shall file the petition with the governing body, the governing body shall set a
date for a hearing on the petition and shall give notice of the hearing by one (1) publication in a newspaper of
general circulation in the district at least ten (10) days before the date of the hearing.
(b)
(1) The purpose of the hearing shall be to determine the sufficiency of the petition.
(2) Any property owner of the district may appear and present evidence either in support of or against
the sufficiency of the petition.

Page 32 of 100

(c) If, after hearing, based upon the evidence presented, the governing body shall determine that the
petition is signed by at least two-thirds (⅔) in assessed value of the real property owners in the district,
the governing body shall immediately adopt a resolution removing the member of the board in
accordance with the petition and appoint some property owner in the district or creditor of the district
as a successor to fill the vacancy created by his removal.
Mr. Perry Young, attorney at law, on behalf of Havens Development, LLC, submitted a petitionto the city clerk on July
28, 2026, requesting the City of Hot Springs establish the "Hot Springs Municipal Property Owners’ Multipurpose
Improvement District No 26-75 of Garland County, Arkansas (Callie Ridge Estates Subdivision)” on a parcel of property
along Burchwood Bay Road (RPID # 8474). See Map.
Mr. Young has previously established Benton Improvement District #131, Bryant Improvement District #137, and Benton
Improvement District #141.
The petitionfiled with the City Clerk is signed by Callie Havens, a managing member of Havens Development, LLC which
is currently in good standing with the state of Arkansas. See Articles of Incorporation and Operating Agreement.
According to the title certificate by Hot Springs Title Company, Havens Development, LLC is the sole record title holder of
the real property located within the territory to be embraced by the proposed district. See Limited Title Search
Certificate. Todd Havens, Paula Alderman and Danielle Barlow are nominated in the petition to serve as the
commissioners of the proposed district.
The proposed Resolution would set the required public hearing to be held on Tuesday, September 1, 2026, at 6:00 p.m.
in the Board Chambers at City Hall, in conjunction with the regularly scheduled business meeting of the Board of
Directors, after which consideration of the petition can be held. Pursuant to A.C.A. § 14-94-106(a)(2)(B) notice of the
hearing will be sent by certified mail to the mortgagees holding a first mortgage lien on the subject real property.
ANNUAL BUDGET APPROVAL:
☐ Yes
☐ No
☒ N/A

Harmony Morrissey, City Clerk
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 04 Aug 2026

Page 33 of 100

RESOLUTION NO. R-26-139
A RESOLUTION SETTING THE TIME AND DATE OF A PUBLIC HEARING ON THE
PETITION TO ESTABLISH THE HOT SPRINGS MUNICIPAL PROPERTY OWNERS’
MULTIPURPOSE IMPROVEMENT DISTRICT NO 26-75 OF GARLAND COUNTY,
ARKANSAS (CALLIE RIDGE ESTATES SUBDIVISION).
WHEREAS, one (1) property owner claiming to be the sole owner of record title of real property
located within the territory hereinafter described has filed a petition on July 28, 2026, requesting that the
City of Hot Springs, Arkansas, establish a Municipal Property Owners' Multipurpose Improvement
District pursuant to Ark. Code Ann. § 14-94-101 et seq. for the purposes authorized by Ark. Code Ann.
§ 14-94-101 et seq.; and
WHEREAS, the Board of Directors of the City of Hot Springs, Arkansas, has authority to create
such a Municipal Property Owners' Improvement District pursuant to Ark. Code Ann. § 14-94-101 et
seq. because all of the real property to be located in the proposed district is owned by said sole owner
and is located within the corporate limits of the City of Hot Springs, Arkansas; and
WHEREAS, Pursuant to Ark. Code Ann. § 14-94-106, upon receipt of filed petition, a date and
time of not more than sixty (60) days and not less than thirty (30) days shall be set for a hearing before
the governing body to hear all the parties desiring to be heard and for consideration of the petiton.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot Springs,
Arkansas:
That, pursuant to Ark. Code Ann. § 14-94-106, a public hearing will be held in conjunction with
the regularly scheduled meeting of the City of Hot Springs Board of Directors on Tuesday, September 1,
2026, at 6:00 p.m. in the Board Chambers at City Hall, 133 Convention Boulevard, Hot Springs,
Arkansas, to consider the petition submitted by Havens Development, LLC to establish the Hot Springs
Municipal Property Owners’ Multipurpose Improvement District No 26-75 of Garland County,
Arkansas (Callie Ridge Estates Subdivision) embracing certain property in the City of Hot Springs, State
of Arkansas, described in the attached Exhibit "A," for the purposes of constructing waterworks, sewers
and other utilities within the described lands as well as for grading, draining, paving, curbing and laying
streets and sidewalks, together with facilities related to any of the foregoing, and for any and all other
purposes authorized by Ark. Code Ann. § 14-94-101 et seq. and amendments thereto.
PASSED: ______________________________

Page 34 of 100

APPROVED: __________________________________________
PAT McCABE, MAYOR
ATTEST: ________________________________
HARMONY MORRISSEY, CITY CLERK

Page 35 of 100

Page 36 of 100

R-26-140

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☐ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Utilities

AGENDA MEETING
STAFF REPORT:

Bobby Harris

SUBMITTED:

August 5, 2026

BOD MEETING STAFF
REPORT:

Bobby Harris

SUBJECT:

Consider Resolution R-26-140 A Resolution Approving A Term Contract With Nixon Power
Services LLC For Certain Generator Preventive Maintenance And Repair Service.

ATTACHMENTS:

R-26-140
Contract

BACKGROUND INFORMATION:
Staff recommends approval of Term Contract for generator preventive maintenance and repair services with Nixon
Power Services LLC.
Request for Proposal HS-26-029 to provide with city with certain generator preventive maintenance and repair services
was duly advertised and issued with three vendors responding. The vendors who responded were, United Engines,
Clifford Power Systems, Inc., and Nixon Power Services, LLC.
Staff rated the respondents, and Nixon Power Services, LLC received the highest rating. A Noticeof Intent to award the
contract in this manner was published, and no protests were received.
The term of the contract would be for one (1) year, with the option of renewal of four (4) twelve (12) month extensions
upon mutual agreement in an amount not to exceed the budgetary limitations of the departments utilizing the services.
ANNUAL BUDGET APPROVAL:
☐ Yes
☐ No

Page 37 of 100

☐ N/A

Harmony Morrissey, City Clerk
Bobby Harris, Utilities Asst. Director
Karen Scott, Finance Director
Denny McPhate, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 05 Aug 2026
Approved - 06 Aug 2026
Approved - 06 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026

Page 38 of 100

RESOLUTION NO. R-26-140
A RESOLUTION APPROVING A TERM CONTRACT WITH NIXON POWER
SERVICES LLC FOR CERTAIN GENERATOR PREVENTIVE MAINTENANCE AND
REPAIR SERVICE.
WHEREAS, Request for Proposals HS-26-029 to provide the city with certain generator
preventative maintenance and repair services was duly advertised and issued with three (3)
vendors responding; and
WHEREAS, City staff rated and ranked the proposal packages and Nixon Power
Services, LLC received the highest rating; and
WHEREAS, staff recommends that the Term Contract for certain generator preventative
maintenance and repair services be awarded to Nixon Power Services, LLC.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas;
That a term contract is hereby approved with Nixon Power Services, LLC to provide
certain generator preventative maintenance and repair services, in an amount not to exceed
budgetary limitations of the individual user departments; and that this contract may be renewed
for up to four 12-month extensions upon board approval through the annual budgeting process.
Provided further, that the City Manager is authorized to act on behalf of the City in the
administration of said contract.
PASSED: ______________________________
APPROVED: ___________________________________
PAT McCABE, MAYOR
ATTEST: ___________________________________
HARMONY MORRISEY, CITY CLERK

Page 39 of 100

Page 40 of 100

-

AUTHORIZED OFFICIAL

ATTEST:

BY:

CITY OF HOT SPRINst ARKANSAS
PARTY OF THE FIRST PART

BY:

VENDOR

AUTHORIZED OFFICIAL

E

NIXON POWER SERVICES LLLC

IN WITNESS WHEREOF, the parties to these presents have executed this agreement in the year
and day ?rst above written.

The term of this contract shall be for one (1) year with four (4) twelve (12) month terms, subject to annual
budget approval by the Hot Springs Board of Directors. Contract will automatically renew annually unless
either party supplies thirty (30) day written Notice of Cancellation. Any escalation in price shall be subject
to paragraph 15 under III Interpretation of RFP of the Terms and Conditions City reserves the right to
accept or decline any and all price increases.

THEREFORE, and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, the Vendor hereby agrees with the City to provide generator preventive
maintenance and repair service as a term contract under the terms as stated in the speci?cations and contract
documents consisting of the Terms and Conditions RFP, Term and Conditions of Purchase, Scope of
Service, and Proposal Requirements/Evaluation as prepared by the City of Hot Springs, Arkansas together
with the Vendor's proposal, as accepted by the City, and all attachments, attributes, and required respondent
certi?cations.all of which are hereby incorporated by reference, made a part of, and which collectively
evidence and constitute the entire term contract.

WITNESSETH:

This Agreement, made and entered into this
day of
, 2026 by and
between the City of Hot Springs of the County of Garland and the State of Arkansas, acting through its
Mayor, as a duly authorized by resolution of its Board of Directors, hereinafter termed City; and Nixon
Power Services LLC of the City of Little Rock, and the State of Arkansas hereina?er termed “Vendor”.

(Tem Contract)
RFP #HS26-029

STANDARD FORM OF AGREEMENT

R-26-141

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☐ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Engineering

AGENDA MEETING
STAFF REPORT:

Michael Hill

SUBMITTED:

August 4, 2026

BOD MEETING STAFF
REPORT:

Michael Hill

SUBJECT:

Consider Resolution R-26-141 A Resolution Expressing The Willingness Of The City Of Hot
Springs To Utilize Federal-Aid Monies For The Gulpha Creek Bridge Replacement On
Honeycutt Street (Structure No. 19151).

ATTACHMENTS:

R-26-141

BACKGROUND INFORMATION:
The City of Hot Springs has requested funding through the Arkansas Department of Transportation's Local Bridge
Program for the replacement of the Gulpha Creek bridge (Structure No. 19151) on Honeycutt Street in Hot Springs,
which is shown on the linked map.
The Department has determined that Structure No. 19151 is eligible for Federal-aid Off-System Bridge funding based on
its functional classification and structural condition. In order to determine the scope and cost for the work, the next step
will be the initiation of a feasibility study. The feasibility study will include preliminary engineering with conceptual level
plan development and creation of a cost estimate. Upon reviewing the results of the feasibility study and confirming
that the estimated non-Federal share of the project is acceptable, the City may request to proceed with a construction
project utilizing Federal-aid Off-System Bridge funding.
For the Department of Transportation to proceed with programming a Federal-aid project for the feasibility study, the
City Board of Directors must pass a Resolution authorizing the City Manager to enter into an agreement with the
Department for this project. Upon receipt of the original signed and sealed Resolution, the Department will develop a
project agreement and assign State and Federal-aid job numbers. See notification letter.
ANNUAL BUDGET APPROVAL:
☐ Yes
☐ No
☐ N/A

Page 41 of 100

ALTERNATIVES:
not participate in the federal-aid program

Harmony Morrissey, City Clerk
Mike Hill, Asst City Engineer
Denny McPhate, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 05 Aug 2026
Approved - 05 Aug 2026
Approved - 05 Aug 2026
Approved - 05 Aug 2026
Approved - 05 Aug 2026

Page 42 of 100

RESOLUTION NO. R-26-141
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF HOT SPRINGS TO
UTILIZE FEDERAL-AID MONIES FOR THE GULPHA CREEK BRIDGE REPLACEMENT
ON HONEYCUTT STREET (STRUCTURE NO. 19151).
WHEREAS, City of Hot Springs (hereinafter called the "City") understands Federal-aid funds
are available for certain local projects at the following Federal and City participating ratios per project:
Type Work
Bridge Replacement

Work Phase

Federal Share

Local Share

1

90%

10%

All Phases

Projects designed but never
All Right-of-Way &
0%
100%
progressed to construction
Utilities2
1 Non-reimbursable utility relocation costs will be borne solely by the owner of the utility company.
2 All utility (reimbursable and non-reimbursable) relocation costs will be borne by the City if the project
does not proceed to construction.
WHEREAS, the City is requesting the Arkansas Department of Transportation (hereinafter
called the "Department") make funding available to replace the Gulpha Creek Bridge (Structure No.
19151) on Honeycutt Street; and
WHEREAS, the Department has agreed to provide Federal-aid funds for ninety percent of the
costs for a feasibility study; and
WHEREAS, the Department will assign an on-call consultant to perform the feasibility study,
which will include preliminary engineering for conceptual level plans and development of a planninglevel cost estimate; and
WHEREAS, upon completion of the feasibility study, the City will request additional funding for
future phases as needed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot Springs,
Arkansas;
SECTION 1: The City will participate in accordance with its designated responsibilities in the
above-described project.
SECTION 2: The City Manager, or his authorized designee, is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION 3: The City pledges its full support and hereby authorizes the Arkansas Department
of Transportation to initiate action to implement this project.

Page 43 of 100

PASSED: ______________________________
APPROVED: ___________________________________
PAT McCABE, MAYOR
ATTEST: ___________________________________
HARMONY MORRISEY, CITY CLERK

Page 44 of 100

R-26-142

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Fleet

AGENDA MEETING
STAFF REPORT:

Greg Speas

SUBMITTED:

August 6, 2026

BOD MEETING STAFF
REPORT:

Greg Speas

SUBJECT:

Consider Resolution R-26-142 A Resolution Approving A Term Contract With Coulson Oil
Company, Inc. For Onsite Fleet Fueling Services.

ATTACHMENTS:

R-26-142
City of Hot Springs Contract

BACKGROUND INFORMATION:
Staff recommends approving a term contract for the City’s “onsite” fleet fuel to Coulson Oil, Inc. through 12/31/2026,
with an option to extend for four additional, one-year terms (2027, 2028, 2029, and 2030).
State law allows the governing body of a city of the first class to purchase fuel without soliciting bids. (See A.C.A. §1458-104(14)) City staff reviewed the pricing of certain motor oil vendors and determined that it was in the best interest of
the city to split contracts into onsite and offsite fuel providers based on respective costs and services provided.
Staff is recommending that the city contract with Coulson Oil, Inc. to provide onsite fuel purchases because of their
capacity and availability at the Little Rock terminal, no fuel surcharges, guaranteed freight and markup pricing, and an inhouse fuel station maintenance and repair service.
ANNUAL BUDGET APPROVAL:
☒ Yes
☐ No
☐ N/A
FINANCIAL IMPACT:
Funding for fuel expenses is included in each department’s fuel budget. Fuel will be purchased at the contract price of
the lowest available OPIS rack brand at the Little Rock terminal, plus nonexempt taxes, guaranteed freight, and a $.0075
cent mark-up.
ALTERNATIVES:

Page 45 of 100

Reject the proposed agreement and advertise for bids or purchase fuel without a contract, which would result in higher
prices, decreased documentation of transactions, and diminished management reporting services.

Harmony Morrissey, City Clerk
Greg Speas, Fleet Director
Lance Spicer, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 10 Aug 2026
Approved - 10 Aug 2026

Page 46 of 100

RESOLUTION NO. R-26-142
A RESOLUTION APPROVING A TERM CONTRACT WITH COULSON OIL
COMPANY, INC. FOR ONSITE FLEET FUELING SERVICES.
WHEREAS, pursuant to A.C.A. § 14-58-104 (14), the governing body of a city of the first
class may purchase motor fuels without soliciting bids.; and that
WHEREAS, City staff priced certain motor oil vendors and decided to split contracts into
onsite and offsite fuel providers based on cost and service provided; and that
WHEREAS, staff recommends approving a term contract with Coulson Oil, Inc. to provide
onsite fuel for the City of Hot Springs Fleet Department.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas:
That a term contract with Coulson Oil, Inc. for onsite fleet fueling services is hereby
approved in an amount not to exceed budgetary constraints of the individual user departments; and
that this contract may be renewed for four (4) additional 12-month extensions upon board approval
through the annual budgeting process. Provided further, that the City Manager, or his designee, is
authorized to act on behalf of the City in the administration of said contract.

PASSED:
APPROVED:
PAT MCCABE, MAYOR
ATTEST:
HARMONY MORRISSEY, CITY CLERK

Page 47 of 100

CONTRACT
THIS CONTRACT, effective
, 2026, entered into by andbetween
the City of Hot Springs, County of Garland and State of Arkansas, hereinafter termed "CITY,“
and COULSON OIL COMPANY, INC., County of Pulaski and State of Arkansas, hereinafter
termed the ”CONTRACTOR:“

WITNESSETH:
SECTION 1. PERIOD OF PERFORMANCE. The CONTRACTOR will commence,
carry on, and provide motor fuel products with all practicable dispatch, in a sound, economical
and efficient manner for the duration of the contract period to commence upon the effective
date through the 31Stday of December, 2026. At the option of the CITY, this contract may be
renewed annually thereafter, under the same terms and conditions, for four (4) additional one—
year terms commencing on the ?rst day of January and ending on the last day of December of
each year (2027, 2028, 2029, and 2030).
SECTION 2. TERMS AND CONDITIONS. The CITY hereby engages the
CONTRACTOR and the CONTRACTOR hereby agrees to provide ?eet motor fuel products
and fueling equipment pursuant to the following terms and conditions:
a.

Motor Fuel Products. The CONTRACTOR shall deliver to the CITY and the
City shall purchase and accept from and pay CONTRACTOR for all of the
CITY‘Srequirements for motor fuel products including eighty-seven (87) octane
or an ethanol blend gasoline and dyed (off—road)
diesel or bio-diesel (fuel type to
be determined by the CITY based on cost and performance analysis). Said
products to be delivered to the CITY‘Sback-yard fuel storage and dispensing
facility as designated by the CITY. Said products shall be in such supply as
needed to meet the CITY’S ?eet fuel needs. CONTRACTOR will not be
required to make or have single deliveries of motor fuels in quantities of less
than full transport loads. CONTRACTOR hereby agrees to provide motor fuels
to the CITY on a priority basis in case of civil emergency or natural disaster.
The amount of gasoline or other fuels to be sold to the CITY shall be subject to
CONTRACTOR'S right or obligation to allocate product pursuant to any
statutory or regulatory requirement of the United States of America or other

governmental body having jurisdiction.
b.

Equipment Maintenance and Services. The CITY, as tank owner/operator, will
complete the storage tank self audits, pay the annual storage tank registrations
fees as required by the Arkansas Department of EnvironmentalQuality (ADEQ)
and perform maintenance and repairs of the fueling equipment and otherwise
keep such fueling equipment in compliance with all applicable local, state, and
federal laws, rules, regulations, codes,and ordinances; provided, however, that
the CITY may engage the CONTRACTOR to perform any or all of such

Page 48 of 100

maintenance and services at the CONTRACTOR'S proposed rate of $69.00 per
hour with no trip charge.
0.

d.

City Site Fuel Pricing. Price of the motor fuel products to be supplied by the
CONTRACTOR under this contract will be determined at the time of loading at
the Little Rock terminal. CONTRACTOR‘S price to the CITY will be Arkansas
Terminaling and Trade RACK price by lowest available brand, plus freight of
$03178 for gas and $.03 64 for diesel, plus applicable Federal and State motor
fuel tax, plus $0.0075 margin. There will be a $50 pump off fee for each
deliveiy of diesel. There will be no surcharge for fuel freight deliveries.
CONTRACTOR guarantees the fuel margin and freight charge will not increase
for the duration of the contract period or subsequentoptional annual renewals.
Payment Terms. Payment shall be made to the CONTRACTOR within ten (10)
working days of receipt of an invoice. The CONTRACTOR shall invoice the
CITY following delivery of each motor fuel product load.

SECTION 3. THIRD-PARTY CONTRACTS. Unlessotherwiseauthorizedin writing
by the CITY, the CONTRACTOR shall not assign this contract, or execute any contract,
amendment or change order thereto, or obligate itself in any mamier with any third party with
respect to its rights and responsibilities under this contract withoutthe prior written concurrence
of the CITY. In addition, the CONTRACTOR hereby insures that all subcontractors shall
comply with the applicable provisions of this contract.
SECTION 4. CONTRACT

CHANGES. Occasionally, during the course of the

contract period, it may become necessaly to effect certain changes and/or modi?cations in the
contract. All such changes shall be justi?ed in writing by the party desiring the change and
forward to the other party. All such changes will be negotiated by the parties hereto and shall
not be effective until accepted in writing by both the CONTRACTOR and the CITY.

SECTION 5. TERMINATION

OF CONTRACT.

a.

Termination [or Convenience. Not withstanding Section 2 hereof, the CITY
may terminate this contract, in whole or in part, at any time by thirty (30) days'
written notice to the CONTRACTOR. The CONTRACTOR shall be paid for all
fuel supplied up to the time of termination. The CONTRACTOR shall promptly
submit an invoice for fuel and services up through time of termination. If the
CONTRACTOR has any property, reports or materials in its possession
belonging or due the CITY, the CONTRACTOR will account for the same, and
surrender to the CITY or dispose of it in such manner as the CITY directs.

b.

Termination [or Default.If the CONTRACTOR fails to comply with any
provisions of the contract including, but not limited to, the timely provision of
fuel, the CITY may terminate this contract for default. Termination shall be
effected by serving a notice of termination on the CONTRACTOR setting forth

Page 49 of 100

the manner in which the CONTRACTOR is in default. The CONTRACTOR will
only be paid the contract price for fuel used or services performed in accordance
with the manner of performance set forth in this contract.
If it is later determinedby the CITY that the CONTRACTOR had an excusable
reason for not performing, such as a strike, ?re or ?ood, events which are not the
fault of, or are beyond the control of, the CONTRACTOR, the CITY, after
setting up a new delivery or performance schedule, may allow the
CONTRACTOR to continue work, or treat the termination as a termination for
convenience.
c.

d.

M uttml Agreement. By mutual agreement and consent of the parties thereto, this
contract may be terminated.
Contract Exgiration. Not withstanding Section 2, upon expiration of any annual
contract term, the CITY shall pay all claims in full up to the date or expiration,
provided, however, that the term of the contract may be extended by mutual
consent of the parties hereto.

SECTION 6. CONTRACTOR

INDEBTEDNESS.

The CONTRACTOR hereby

warrants that he is in no way currently indebted to the CITY, Garland County or State of

Arkansas and is in compliance with any and all applicable laws and ordinances thereof.
Indebtedness to any of the above may be basis for cancellation of this contract.
SECTION 7. GOVERNING RULES AND REGULATIONS. The CONTRACTOR
and its subcontractors will comply with all federal, state and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any court or administrative bodies or
tribunals in any nature affecting the performance of this contract, including without limitation,
workers‘ compensationlaws, minimum and maximum salary and wage statutes. Whenrequired,
the CONTRACTOR shall furnish the CITY with satisfactory proof of its compliancetherewith.
SECTION 8. FEDERALLY REQUIREDCLAUSES. This contract is subject to
certain federally required contract clauses as contained in Exhibit ”A” hereto. Therefore, said
clauses are hereby incorporated in this contract. In this regard, the CONTRACTOR shall
provide the required certi?cations of compliance as listing in Exhibit "A."
SECTION 9. HOLD HARMLESS CLAUSE. The CONTRACTOR shall save
harmless the CITY from all claims and liability due to its negligent acts or omissions or the
negligent acts or omissions of its subcontractors, agents or employees.
SECTION 10. INSURANCE. The CONTRACTOR shall take out and maintain, during
the period of work contemplated under this agreement, such workers' compensation, public
liability property damage, and professional liability insurance as shall protect the
CONTRACTOR performing work covered by this agreement and the CITY from all claims for

Page 50 of 100

damages, including accidental death, as well as from claims for properly damages which may
arise under this contract.
SECTION 11. INDEPENDENT CONTRACTOR. The CONTRACTOR will pe1form
the duties of an independent contractor and not as an agent or employee of the CITY.
SECTION 12. AGENT FOR SERVICE. The agent for service relative to all matters
pertaining to this contract shall be as follows:
a.

For the CITY:
Bill Burrough, City Manager
City of Hot Springs, Arkansas
133 Convention Boulevard
P. 0. Box 700
Hot Springs, AR 71902

b.

For the CONTRACTOR:
Matthew R Lyles, Vice President of Sales
Coulson Oil Company, Inc.
5101 Northshore Lane
No1th Little Rock, AR 72118

SECTION 13. TERMINATION OF PRIOR CONTRACT. This contract supersedes
the prior fueling contract between the CITY and the CONTRACTOR dated the 16th day of
June, 2021 (the "PRIOR CONTRACT"). The PRIOR CONTRACT is hereby terminated,
provided the CITY shall remain responsible for paying for any fuel provided under the PRIOR
CONTRACT. IN WITNESS WHEREOF, THE PARTIES TO THESE PRESENTS HAVE
EXECUTED THIS AGREEMENT, CONSISTING OF THIRTEEN SECTIONS AND FOUR
TYPEWRITTEN PAGES. IN THE YEAR AND DAY FIRST ABOVE WRITTEN.
CITY OF HOT SPRINGS, ARKANSAS
By:_

COULSON OIL COMPANY, INC.

_ _ __ _ _ _ _ _
PAT McCabe
MAYOR

ATTEST:

ATTEST:

HARMONY MORRISSEY, CITY CLERK

(Seal if by Corporation)

4

Page 51 of 100

EXHIBIT "A"

—

FEDERALLY REQUIREDCLAUSES
INTRACITY TRANSIT

SOLICITATION PROVISIONS I REQUIRED CONTRACT CLAUSES

1.1

Contract Subject to Federal Financial Assistance / Application of Provisions and
Clauses

Operation of Intracity Transit is funded in part by grants from the Federal Transit
Administration (FTA) of the United States Department of Transportation. The award of
any contract is subject to the requirements of ?nancial assistance contracts between
Intracity Transit and the U.S. Department of Transportation requiring compliancewith
purchasing procedures and standards as set forth in various federal statutes and
regulations including OMB Circular A—102,49 CFR Part 18, and FTA Circular
4220.1F. The Contractor is required to complywith all terms and conditionsprescribed
for third—partycontracts by the U.S. Department of Transportation, Federal Transit
Administration (FTA).

The following solicitation provisions and required contract clauseswill be incorporated
by reference in any contract resulting from this Solicitation issued by Intracity Transit
(also referred to as “Purchaser” or “Recipient” in following clauses). These solicitation
provisions and required contract clauses are in addition to other General Speci?cations,
Special and Technical Speci?cations, Bidding or Proposal Procedures, and Bid or
Proposal Forms set forth in other sections of this Solicitation which may also be
incorporated by reference in any resulting contract. Some provisions and clauses
require the bidder/proposer to execute and submit certain required certi?cations with
the bid or proposal, which are included herein. Failure to execute and submit required
certi?cations with the bid or proposal documents may render a bid or proposal non—
responsive.

ELIGIBILITY. PROHIBITED INTERESTS, LOBBYING, RECORDS
The following provision is applicable to any contract or subcontract in excess of
$25,000:
1.2

Certi?cation Regarding Debarment, Suspension, and Other Responsibility Matters
Lower Tier Covered Transactions. (Third Party Contracts Over $25 000)

—

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as de?ned
at 49 CFR 29.995, or af?liates, as de?ned at 49 CFR 29.905, are excluded or
disquali?ed as de?ned at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include
the requirement to comply with 49 CF R 29, Subpart C in any lower tier covered
transaction it enters into.

Page 52 of 100

By signing and submitting its bid or proposal, the bidder or proposer certi?es as
follows:

The certi?cation in this clause is a material representation of fact relied upon by
Intracity Transit. If it is later determined that the bidder or proposer knowingly
rendered an erroneous certi?cation, in addition to remedies available to Intracity
Transit, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.The bidder or proposer agrees to comply
with the requirements of 49 CFR 29, Subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
The following provision is applicable to any contract
$100,000:

1.3

or subcontract

in excess of

Lobbying
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, PL. 104.65 Contractors who apply or bid for an award of
$100,000 or more shall ?le the certi?cation required by 49 CFR part 20, ”New
Restrictions on Lobbying,”includedherein as Bid Attachment 1.3. Each tier certi?es to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for in?uencing or attempting to in?uence an of?cer or employee
of any agency, a member of Congress, of?cer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of
any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non—Federalfunds with respect to that Federal contract, grant
or award covered by 31 U.S.C. 1352. Such disclosures are felwarded ?‘om tier to tier up
to lntracity Transit.
-

1.4

Program Fraud and False or Fraudulent Statements and Related Acts

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § § 3801 e_t m . and US DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certi?es or
af?rms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acknowledges that if it makes, or causes
to be made, a false, ?ctitious, or fraudulent claim, statement, submission, or
certi?cation, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.

Page 53 of 100

The Contractor also acknowledges that if it makes, or causes to be made, a false,
?ctitious, or fraudulent claim, statement, submission, or certi?cation to the Federal
Government under a contract connected with a project that is ?nanced in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49
U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. §
lOOl and 49 U.S.C. § 5307(n)(l) on the Contractor, to the extent the Federal
Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract ?nanced in
whole or in part with Federal assistance provided by F TA. It is further agreed that the
clauses shall not be modi?ed, except to identify the subcontractorwho will be subject to
the provisions.
1.5

Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by
reference in the Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.

1.6

No Government Obligation to Third Parties

The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of
the underlying contract, absent the express written consent by the Federal Government,
the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor, or any other palty (whether or not
a party to that contract) pertaining to any matter resulting from the underlying contract.
The Contractor agrees to includethe above clause in each subcontract?nanced in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modi?ed, except to identify the subcontractor who will be subject to its
provisions.
1.7

Access to Records and Reports
1.

Where the Purchaser is not a State but a local government and is the FTA
Recipient or a sub grantee of the FTA Recipient in accordancewith 49 C. F. R.
l 8 .36(i), the Contractor agrees to provide the Purchaser,the FTA Administrator,
the Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions. Contractor also
agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his
authorized representatives including any PMO Contractor access to Contractor‘s
records and construction sites pertaining to a major capital project,de?ned at 49
U.S.C. 5302(a)l, which is receiving federal ?nancial assistance through the

Page 54 of 100

programs described at 49 U.S.C. 5307, 5309 or 5311.

2.

Where the Purchaser is a State and is the FTA Recipient or a sub grantee of the
FTA Recipient in accordance with 49 CFR. 633.17, Contractor agrees to
provide the Purchaser, the FTA Administrator or his authorizedrepresentatives,
including any PMO Contractor, access to the Contractor‘s records and
construction sites pertaining to a major capital project, de?ned at 49 U.S.C.
5302(a)1, which is receiving federal ?nancial assistance through the programs
described at 49 U.SAC. 5307, 5309 or 5311. By de?nition, a major capital
project excludes contracts of less than the simpli?ed acquisition threshold
currently set at $100,000.

3.

Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simpli?ed acquisition threshold and is an institution of
higher education, a hospital or other non—pro?torganization and is the FTA
Recipient or a sub grantee of the FTA Recipient in accordance with 49 CFR.
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.

4.

Where any Purchaser which is the FTA Recipient or a sub grantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a
capital project or improvement (de?ned at 49 U.S.C. 5302(a)1) through other
than competitive bidding, the Contractor shall make available recordsrelatedto
the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized of?cer or employee of any of them for
the purposes of conducting an audit and inspection.

5.

The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.

6.

The Contractor agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of litigation
or settlement of claims arising from the performance of this contract, in which
case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(11).

CIVIL RIGHTS, EEO, DISADVANTAGED BUSINESS ENTERPRISE
1.8

Title VI, Civil Rights Act of 1964 Compliance

Page 55 of 100

During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor"), agrees as follows:
(a)

Compliance with Regulations: The Contractor shall comply with the
regulations relative to non-discriminationin federal programs of the Department
of Transportation (hereinafter referred to as ”Regulations"), which are
incorporated by reference and made a part of this contract.

0?)

Nondiscrimination In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of
1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition,the Contractor agrees to comply with
applicable Federal implementing regulations and other implementing
requirements FTA may issue.
-

Equal Employment Opportunity The following equal employmentopportunity
requirements apply to the underlying contract:
-

1.

Race. Color, Creed, National Origin, Sex In accordance with Title VII
of the Civil Rights Act, as amended, 42 U.S.C. § 2000c, and Federal
transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with
all applicable equal employment opportunity requirements of US.
Department of Labor (U.S. DOL) regulations, "Of?ce of Federal
Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 pt s_e.q,(which implement
Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000c
note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicantsare
employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitmentadvertising,
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA
-

may issue.
2.

Ag
In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of
-

Page 56 of 100

age. In addition,the Contractor agrees to comply with any implementing
requirements FTA may issue.

3.

(d)

1.9

Disabilities In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees
that it will comply with the requirements of US. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29
CPR. Part 1630, pertaining to employment of persons with disabilities.
In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
—

The Contractor also agrees to include these requirements in each subcontract
?nanced in whole or in part with Federal assistance provided by FTA, modi?ed
only if necessary to identify the affected parties.

Disadvantaged Business Enterprise, 49 CFR Part 26

The contractor or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry out these requirements is
a material breach of this contract, which may result in the termination of this
contract or such other remedy as Intracity Transit deems appropriate.
This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. A separate contract goal of 1.8%
DBE participation has been established for this procurement.
If a speci?c DBE goal is assigned to this contract, and if the contractor is found to have
failed to exert suf?cient, reasonable, and good faith efforts to involve DB E's in the
work provided, Intracity Transit may declare the Contractor noncompliant and in breach
of contract. If a goal is ngt stated, it will be understood that Q speci?c goal is assigned
to this contract.
ENVIRONMENTAL
1.10

and CONSERVATION

REQUIREMENTS

Energy Conservation

The contractor agrees to comply with mandatory standards and policies relating to
energy ef?ciency, which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
The following clause applies to any contract or subcontract in excess of $100,000:

Page 57 of 100

1.11

Clean Air

The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 e_tseq The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure noti?cation to
PTA and the appropriate EPA Regional Of?ce.
The Contractor also agrees to includethese requirements in each subcontractexceeding
$100,000 ?nanced in whole or in part with Federal assistance provided by FTA.
The following clause applies to ally contract or subcontract
1.12

in excess of $100,000:

Clean Water
The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
The Contractor agrees to report each violation to the Purchaser and
1251 et _s.e_q.
understands and agrees that the Purchaser will, in turn, report each violation as required
to assure noti?cation to FTA and the appropriate EPA Regional Of?ce.
The Contractor also agrees to include these requirements in each subcontractexceeding
$100,000 ?nanced in whole or in part with Federal assistance provided by FTA.

OTHER STATUTORY
1.13

REQUIREMENTS

Breaches and Dispute Resolution
Disputes Disputes arising in the performance of this Contract which are not resolved
by agreement of the parties shall be decided in writing by the authorized representative
of Intracity Transit's Resident Advisor. This decision shall be ?nal and conclusive
unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or
othelwise furnishes a written appeal to the [title of employee]. In connection with any
such appeal, the Contractor shall be afforded an opportunity to be heard and to offer
evidence in support of its position. The decision of the Resident Advisor shall be
binding upon the Contractor and the Contractor shall abide be the decision.
-

Performance During Disput
Unless otherwise directed by Intracity Transit,
Contractor shall continue performance under this Contract while matters in dispute are
being resolved.
-

Claims for Damages Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for damages
therefore shall be made in writing to such other party within a reasonable time after the
?rst observance of such injury of damage.
—

Remedies Unless this contract provides otherwise, all claims, counterclaims,disputes
—

Page 58 of 100

and other matters in question between the Intracity Transit and the Contractor arising
out of or relating to this agreement or its breach will be decided by arbitration if the
parties mutually agree, or in a court of competent jurisdiction within the State in which
the Intracity Transit is located.
Rights and Remedies The duties and obligations imposed by the Contract Documents
and the rights and remedies available there under shall be in addition to and not a
limitation of any duties,obligations,rights and remedies otherwise imposed or available
by law. No action or failure to act by the Intracity Transit or Contractor shall constitute
a waiver of any right or duty afforded any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any breach
there under, except as may be speci?cally agreed in writing.
-

1.14

Termination
Termination for Convenience (General Provision): Intracity Transit may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Govermnent‘s best interest. The Contractor shall be paid its costs, including contract
closeout costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to Intracity Transit to be paid the
Contractor. If the Contractor has any property in its possession belonging to Intracity
Transit, the Contractor will account for the same, and dispose of it in the manner
Intracity Transit directs.
Termination for Default [Breach or Cause} (General Provision): If the Contractor does
not deliver supplies in accordance with the contract deliveryschedule,or, if the contract
is for services, the Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the contract, Intracity
Transit may terminatethis contract for default. Termination shall be effected by serving
a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by Intracity Transit that the Contractor had an excusable reason
for not performing, such as a strike, ?re, or ?ood, events which are not the fault of or
are beyond the control of the Contractor, Intracity Transit, after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
Opportunitv to Cure (General Provision): Intracity Transit in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor ten daysin which to
cure the defect. In such case, the notice of termination will state the time period in
which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to Intracity Transit's satisfaction the breach or default or
any of the terms, covenants, or conditions of this Contract within ten (10) days after
receipt by Contractor or written notice from Intracity Transit setting forth the nature of
said breach or default, Intracity Transit shall have the right to terminate the Contract

Page 59 of 100

without any further obligation to Contractor. Any such termination for default shall not
in any way operate to preclude Intracity Transit from also pursuing all available
remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach In the event that Intracity Transit elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this
Contract, such waiver by IntracityTransit shall not limit Intracity Transit's remedies for
any succeeding breach of that or of any other term, covenant, or condition of this
Contract.
1.15

Incorporation Of Federal Transit Administration (F TA) Terms

The preceding provisions include, in part, certain Standard Terms and Conditions
required by DOT, whether 01' not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
con?ict with other provisions contained in this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any Intracity Transit
requests, which would cause Intracity Transit to be in Violation of the FTA terms and
conditions.
##3##

Page 60 of 100

INTRACITY

CERTIFICATION

TRANSIT

REGARDING LOBBYING PURSUANT TO 49 CFR PART 20
(FOR CONTRACTS IN EXCESS OF $100,000)

The undersigned [Contractor] certi?es, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
(1)
undersigned, to any person for in?uencing or attempting to in?uence an of?cer or employee
of an agency, a Member of Congress, an of?cer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modi?cation of any Federal contract, grant, loan, or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for making lobbying contacts to an of?cer or employee of any agency, a
Member of Congress, an of?cer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-—LLL,"Disclosure Form to Repo1t
Lobbying," in accordance with its instructions [as amended by "Government Wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/ 19/96).Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995 (PL. 104-65, to be codi?ed at 2 U.S.C. 1601, at seq .)]

The undersigned shall require that the language of this certi?cation be included in
(3)
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.

This certi?cation is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certi?cation is a prerequisite
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to ?le the required
certi?cation shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure. [Notez Pursuant to 31 U.S.C. § 1352(c)(1)—(2)(A),
any
makes a prohibited expenditure or fails to ?le or amend a required certi?cation
person W110
or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such expenditure or failure]

Lndeé
IXAUV

, certi?es or af?rms the truthfulness and accuracy of
The Contractor,
each statement of its certi?cation and disclosureif any. In addition, the Contractor
and agrees
the p1ovisions of 31 U.S.C A 3801, et seq, apply to this
isc'l
if any.

understands
that
..

Signatur
gontiaitjijs
Autho1ized€
i
Wilde‘s}
Authorize
and of
Ofcia
of

Name

Title

6k

(91

Of?cial

Contractor s

Date

Page 61 of 100

R-26-143

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Fleet

AGENDA MEETING
STAFF REPORT:

Greg Speas

SUBMITTED:

August 6, 2026

BOD MEETING STAFF
REPORT:

Greg Speas

SUBJECT:

Consider Resolution R-26-143 A Resolution Approving A Term Contract With FleetCor
Technologies Operating Company, LLC For Offsite Fleet Fueling Services.

ATTACHMENTS:

R-26-143
Final Fleetcor Service Agreement Contract 2026

BACKGROUND INFORMATION:
Fleet staff recommends approving the City’s “offsite” fleet fuel annual supply contract with FleetCor Technologies for
offsite fuel through 12/31/2026, with an option to extend for four additional, one-year terms (2027, 2028, 2029, and
2030).
State law allows the governing body of a city of the first class to purchase fuel without soliciting bids. (See A.C.A. §1458-104(14)) City staff reviewed the pricing of certain motor oil vendors and determined that it was in the best interest of
the city to split contracts into onsite and offsite fuel providers based on respective costs and services provided.
Staff recommends approving a contract with FleetCor Technologies for offsite fuel services as they have a network of
approximately 45,000 locations nationwide including 27 in Garland County, no fees for standard card services or
reporting, online account management, and an app for a mobile station locator.
ANNUAL BUDGET APPROVAL:
☒ Yes
☐ No
☐ N/A
FINANCIAL IMPACT:
Funding for fuel expenses is included in each separate department’s fuel budget. Fuel will be purchased at a discount of
$.010 below the stations retail pump price minus the City’s Federal excise tax exemption of $.183 for gasoline and .243
for diesel.

Page 62 of 100

ALTERNATIVES:
Reject the proposed agreement and advertise for bids or purchase fuel without a contract, which would result in higher
prices, decreased documentation of transactions, and diminished management reporting services.

Harmony Morrissey, City Clerk
Greg Speas, Fleet Director
Lance Spicer, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 07 Aug 2026
Approved - 10 Aug 2026
Approved - 10 Aug 2026

Page 63 of 100

RESOLUTION NO. R-26-143
A RESOLUTION APPROVING A TERM CONTRACT WITH FLEETCOR
TECHNOLOGIES OPERATING COMPANY, LLC FOR OFFSITE FLEET FUELING
SERVICES.
WHEREAS, pursuant to A.C.A. § 14-58-104 (14), the governing body of a city of the first
class may purchase motor fuels without soliciting bids.; and that
WHEREAS, City staff priced certain motor oil vendors and decided to split contracts into
onsite and offsite fuel providers based on cost and service provided; and that
WHEREAS, staff recommends approving a term contract with FleetCor Technologies
Operating Company, LLC to provide offsite fuel for the City of Hot Springs Fleet Department.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas:
That a term contract with FleetCor Technologies Operating Company, LLC for offsite fleet
fueling services is hereby approved in an amount not to exceed budgetary constraints of the
individual user department; and that this contract may be renewed for four (4) additional 12-month
extensions upon board approval through the annual budgeting process. Provided further, that the
City Manager, or his designee, is authorized to act on behalf of the City in the administration of
said contract.

PASSED:
APPROVED:
PAT MCCABE, MAYOR
ATTEST:
HARMONY MORRISSEY, CITY CLERK

Page 64 of 100

SERVICE AGREEMENT CONTRACT
This Service Agreement CONTRACT is made and entered into this
day of
, 2026,
by and between the CITY OF HOT SPRINGS, AR, a municipal corporation of the State of Arkansas, with principal
address at 133 Convention Boulevard, Hot Springs, AR, 71901 herein referred to as the "CITY" and FLEETCOR
TECHNOLOGIES OPERATING COMPANY, LLC, a Georgia Limited Liability Company with principal address at
5445 Triangle Parkway, Suite 400, Norcross, GA 30092, herein referred to as "CONTRACTOR".
WHEREAS, the CITY requires contracted services for a fleet fueling card program for off-site retail fuel
purchases and the CITY has utilized the Fuelman program provided by CONTRACTOR for a number of years.
WHEREAS, CONTRACTOR agrees to provide this fleet fuel card service to the CITY under the terms and
conditions of this CONTRACT.
NOW THEREFORE, it is covenanted and agreed as follows:
1. The CONTRACTOR agrees to perform the contract in accordance with the General Outline of
Services to be provided as described in the attached EXHIBIT “A”.
2. Use of the Fuelman Fleet Card Program by the CITY is governed by FleetCor’s Terms and
Conditions as described in the attached EXHIBIT “B”.
3. CONTRACTOR agrees to furnish the CITY current certificates of insurances as might be required
from time to time.
4. The contract period shall be from date of signed contract to 12/31/2026. Either party may cancel this
agreement by giving thirty (30) days advance written notice. By mutual consent, this contract may be
extended or renewed for four (4) additional one (1) year terms, with the same terms and conditions
and fixed fees as the original contract.
5. The cost per gallon of gasoline and diesel fuel to the CITY shall be based on the sum of the following:
a. Except never below FleetCor’s cost paid to the card accepting merchant, off-site retail fueling
transactions( in the Fuelman Network) shall be priced based upon the stations advertised Retail
Pump Price, which might be the Credit Retail Price as posted or transmitted to FleetCor by the
Card accepting merchant(herein “pump price”). FleetCor will provide discounts off the pump price
equaling $.01 per gallon to be deducted from the Retail Pump Price. Unless otherwise agreed,
the discount shall be applied at the transaction level (not as a rebate).
b. FleetCor reserves the right to never bill the City for any purchase at an off-site retail/commercial
location at a price below FleetCor’s cost to settle with the card accepting Merchant and in the
event that the City’s price (including markup or retail discount and all merchant taxes) calculates
to be below FleetCor’s cost to settle with the Merchant, FleetCor’s cost shall apply.
c. Any applicable non-exempt taxes.
6. The CONTRACTOR shall submit accurate Monthly invoices and reports via e-mail or fax and/or
regular mail to the CITY. Payment shall be expected within fourteen (14) Days from Date of Invoice
issuance.
7. The Contractor shall comply with all terms and conditions in the attached EXHIBIT “C” prescribed for
third-party contracts by the U.S. Department of Transportation, Federal Transit Administration (FTA).
8. The CITY shall have the right to terminate this contract at any time before completion for failure to
perform the contract satisfactorily, the CITY shall give the CONTRACTOR thirty (30) days advance
written notice before termination takes effect. Should the CITY terminate or cancel the agreement
without thirty (30) days notice, the CITY shall negotiate reasonable termination costs, if applicable.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this
Amendment on their behalf as of the day and year set forth below.
AGREED:
FLEETCOR TECHNOLOGIES OPERATING
COMPANY, LLC

AGREED:
CITY OF HOT SPRINGS, ARKANSAS

By:

By:

Printed Name:
Title:
Date:

Todd House

President – U.S. Direct Business

Printed Name:

Pat McCabe

Title:

Mayor, City of Hot Springs

Date:

1

Page 65 of 100

EXHIBIT “A”

GENERAL OUTLINE OF SERVICES PROPOSED FOR:
CITY OF HOT SPRINGS, ARKANSAS
1.

Statement of
Work (Overview)

FleetCor will provide the CITY OF HOT SPRINGS fuel and/or vehicle maintenance
purchasing and fleet reporting services for the contract period.
 Client will acquire fuel and/or optional vehicle maintenance and receive reporting of
usage from FleetCor through the use of the Fuelman Fleet Card (magnetic stripe fleet
credit cards) at card acceptance locations made available by FleetCor.
 Client will utilize Fuelman purchase controls, Fuelman reporting and utilize the
FleetNet Online Management system provided by the FleetCor to manage its fleet of
vehicles and drivers.
 Real Time Transaction Data is available via the customer’s online FleetNet logon as
well as immediate Card and Driver ID locking capability.
 The Fuelman Network provides 100% Level 3 transaction Data, which means Clients
receive complete fleet information including odometer readings, product descriptions,
and the Employee making purchase will be identified for all transactions.

2.

Cost Center
Accountability
(Hierarchy)

FleetCor will provide separate reporting and cost center accountability for the CITY’s
different operations or cost centers. We do this by departmentalizing and subdepartmentalizing a single account for the CITY, however we can provide separate
accounts and reporting for the different operating cost centers upon request.
 FleetCor proposes the current Fuelman account and cards continue to be used.
 If multiple accounts are ever desired (separate accounts with separate reporting), we
propose for the invoice amounts for all accounts be rolled into a single bill group with
a single invoice, which will eliminate the possibility of payment posting errors.

3.

Fleet Card
System with
Purchase
Controls
Capability
(Security)







4.

Driver IDs /
Employee
Restrictions

The Fuelman system requires both a valid unlocked vehicle card to be used in
conjunction with a valid unlocked driver ID (PIN) which provides built in security in the
system. If a card becomes lost or stolen it cannot be used without a valid Driver ID.
The card and Driver ID system allows Fuelman to authorize transactions and to
report management information on each fuel and maintenance purchase.
Many purchase controls (limits) can be placed on the vehicles/cards providing
unparalleled aid in the prevention and/or identification of unauthorized or improper
use of the cards via exception reporting & transaction denial capability.
▫ Purchase controls include “hard controls” providing denial limits for certain key
control settings and “soft controls” providing back-end exceptions reporting.
▫ Hard controls are subject to the card accepting merchant’s POS Authorization
Limitations.
Available limits include:
1) Fuel Tank Limit (Gallons per transaction)
2) Daily Fuel Gallons
3) Weekly Fuel Gallons
4) Weekly Fleet Supplies ($)
5) Weekly Fleet Services ($)
6) Weekly Miscellaneous Purchases ($)
7) Transactions Per Day
8) Fuel Grade Restrictions
9) Day of Week / Time of Day Limits

Driver IDs are issued to each authorized employee in the system allowing the employee
name to be provided for each transaction in the reporting. Customer has a choice of the
following restrictions for Employees using the system:
 Employee can be allowed to fuel all vehicles in the account issued.
 Employee can be limited to fueling vehicles in a single Department
 Employee can be limited to fueling a single Vehicle
 Employee can be allowed to fuel all vehicles in a group of accounts (card sharing
group)

2

Page 66 of 100

5.

On-Line Account FleetCor provides its secure on-line account management system which it calls FleetNet®
Management
for use by authorized Fleet Contacts within {ENTER CUSTOMER NAME} to help manage
System
their account on-line 24x7x365. Features includes ability to:
 Add/Edit/Lock or Unlock vehicles or cards in real time.
(FleetNet®)
 Add/Edit/Lock or Unlock Driver PINS instantly
 View or download transactions real time, download Exceptions Transactions or
Exceptions Report and other fleet database information & reports,
 View, Print or save to local PC all Reporting and Invoices for the past 90 days.
 Edit/Change Purchasing controls on vehicles/cards instantly

6.

Off-site
Commercial
Fueling

The Fuelman network of nearly 45,000 locations nationwide shall be available to the
Customer.
 26 fueling locations in Garland County, Arkansas accept the Fuelman Card.
 Over 800 fueling locations accept the Fuelman card in the State of Arkansas.
 FleetCor’s merchant acquisition team will work to add fueling sites to the Fuelman
network upon request by Customer. Please send site requests to:
[email protected].

7.

Vehicle
Maintenance

The Fuelman network of retail vehicle repair and maintenance facilities shall be available
to the CITY, which is an optional service.

8.

Billing
Frequency and
Payment Terms

FleetCor proposes the CITY to be billed Monthly. Payments will be due Net 14 days from
invoice date. Invoices are Emailed or available on-line on the invoice date (usually
available by Tuesday).

9.

Reporting





10.

Fees









11.

Tax Exempt
Billing at Point
of Sale

FleetCor will provide the CITY our standard Fleet Management Report (FN02)
matching the billing frequency which includes exceptions flagged for easy review.
Real time Exceptions Email Alerts are available at no charge. Fuelman provide
electronic transaction file reporting at no charge.
Other valuable Optional Reports are available and if not already provided to
Customer, upon request FleetCor shall provide at no charge the following reports*:
 Monthly Vehicle Management Report (FN04)
 Monthly Employee Management Report (FN03)
 Customer Fleet Analysis (FN14)
 Tax Management Report (FN07)
 Emailed transaction report for import to Vehicle Tracker
* Optional reports will be available via customer’s FleetNet logon.
There is no fee for standard Fleet Management Reporting and Invoicing if reporting
delivered via Email. There are no fees for electronic files/downloads via FleetNet.
FleetCor agrees to not charge finance charges and late fees, however suspension of
services may occur if payment is not received before 7 days following the due date.
FleetCor agrees to waive extended terms fee.
No card fees shall apply except that FleetCor reserves the right to impose a charge
of $1.00 per card for duplicate sets of cards (if required).
There will be no charges for renewal of expiring cards and no annual/monthly card
fee or membership fee.
There are No Transaction Fees.
The Tax Exemption Filing Fee is Waived.

FleetCor shall provide tax exempt billing to Customer to the extent allowed by the Federal
and State Government. Client shall provide tax exemption certificates or other related
information as required from time to time by FleetCor to maintain tax exempt status.
Current federal taxes that cannot be exempted include the Federal Leaking Underground
Storage Tank tax (LUST) which is $0.001 per gallon and the Federal Oil Spill Liability
Tax, which is $0.0019 per gallon.
 FleetCor will waive its standard fee for providing tax exempt billing service (typically
1% of invoice amount).

3

Page 67 of 100

Exhibit B: FleetCor Terms and Conditions
Definitions.
Account. “Account” shall mean the internal Fuelman account established for Customer.
Agreement. “Agreement” shall mean this agreement comprised of the Application (if any), the Approval Letter
(if any) and this document containing the Terms and Conditions.
Application. “Application” shall mean the application, if any, completed by Customer in applying for the
Account through Fuelman, and is a part of the Customer Fuel Supply Agreement, of which this is a part.
Billing Cycle. “Billing Cycle” shall mean the period of time set forth in the Approval Letter or any subsequent
notification for which Transactions will be accepted and a Statement for the Account will be provided.
Card or Cards. “Card” or “Cards” shall mean the Fuelman fleet card or cards issued to Customer.
Cardholder. “Cardholder” shall mean the person presenting the Card to the Merchant to be used to purchase Fuel
and/or Maintenance.
Customer. “Customer” shall mean the business entity identified in the Application, and is the party to the
Customer Fuel Supply Agreement of which this is a part.
Customer’s Representative. “Customer’s Representative” shall mean the person(s) identified as Customer’s
representative on the Application.
Driver ID. “Driver ID” shall mean the personal identification number issued to the Customer by Fuelman for use
with a Card to authorize a particular Transaction.
Due Date. “Due Date” shall mean the date upon which payment from Customer is due to Fuelman as stated on
Fuelman’s Statement to Customer.
FleetCor. “FleetCor” shall mean FleetCor Technologies Operating Company, LLC, the company which owns the
Accounts and in whose favor all Obligations of Customer under this Agreement flow.
Fuelman. “Fuelman” shall mean Fuelman, the division of FleetCor administering the Card(s) and Account.
Fuel. “Fuel” shall mean any combustible material dispensed by volume that is purchased with a Card.
Guarantor(s). “Guarantor” shall mean the person(s) identified on the Application, if any, that guarantees Customer
will comply with this Agreement and pay all amounts owed to Fuelman.
Maintenance. “Maintenance” shall mean any non-Fuel product or service for a vehicle that is purchased with a
Card (e.g., oil, wiper blades, fluids, towing, roadside assistance, parts, supplies, tires, oil changes, brakes,
glass, exhaust systems, transmissions, and repair services).
Merchant. “Merchant” shall mean a third party that operates retail locations providing Fuel and/or Maintenance
in the Fuelman network.
Merchant Location. “Merchant Location” shall mean a Merchant’s Fuel and/or Maintenance site that is
participating in the Fuelman network, such that a Card may be used to purchase Fuel and/or Maintenance at
such site.
Miscellaneous. “Miscellaneous” shall mean any non-vehicle related product or service that is purchased with a
Card (e.g., food, drink, magazines, cigarettes, lottery tickets).
4

Page 68 of 100

Obligations. “Obligations” shall mean all outstanding sums owing to Fuelman by Customer, including, without
limitation, reimbursement for petroleum products obtained through Fuelman, payments for any products or
services obtained using the Card(s), and interest, penalties, fees, report delivery, reporting, Account
Charges, service charges, costs and expenses (including attorneys’ fees) and all other obligations under this
Agreement or otherwise.
Statement. “Statement” shall mean the billing statement provided at the end of each Billing Cycle.
Terms and Conditions. “Terms and Conditions” shall mean the terms and conditions contained in the Agreement
and any other electronic or paper document presented to the Customer by or on behalf of Fuelman in
connection with this Agreement (e.g. the physical card, driver instructions, site guides, reports,
billing/statement inserts, application, and web site). In the event of a conflict between any such other
document and this Agreement, this Agreement will control unless specifically provided otherwise in the
other document.
Transaction. “Transaction” shall mean any individual purchase with a Card.
Account Administration and Card Issuance.
Government Regulation. Neither Customer nor any Guarantor of the Account shall (a) be or become at any time,
and are not currently, subject to any law, regulation, or list of any government agency (including, without
limitation, the U.S. Office of Foreign Asset Control list) that prohibits or limits Fuelman from making any
advance or extension of credit to Customer or any Guarantor of the Account or from otherwise conducting
business with Customer or any Guarantor of the Account, or (b) fail to provide documentary and other
evidence of Customer’s identity or the identity of any Guarantor of the Account or person to whom
Customer gives a Card, as may be requested by Fuelman at any time to enable Fuelman to comply with
any applicable law or regulation, including, without limitation, Section 326 of the USA Patriot Act of 2001,
31 U.S.C. Section 5318.
Credit Limit. Upon Fuelman’s approval of the Customer’s Application, Fuelman will establish an aggregate
spending limit for all the Cards issued to Customer under the Account (the “Credit Limit”) based on
Fuelman’s evaluation of the Customer’s creditworthiness. The initial Credit Limit will be provided to
Customer in the Approval Letter. Fuelman reserves the right to increase or decrease this Credit Limit at
any time with or without providing notice to Customer.
Administration of Cards. Customer shall be solely responsible for the use, maintenance, administration, and
security of the Cards and Driver IDs within Customer’s business, including, but not limited to, distributing
Cards to, and collecting Cards from, its employees and agents. Notwithstanding any other provision in this
Agreement, Customer is responsible for any loss or misuse of Cards by its employees and agents. See
Section 13 for more information regarding Customer responsibilities.
Cancellation of Cards. If, at any time, for any reason, Customer desires to cancel any particular Card, but not the
Account, Customer’s Representative must notify Fuelman via the online application or in writing of such
cancellation. Customer’s liability for purchases made using the canceled Card shall end at midnight of the
day that Fuelman receives notice of such Card cancellation.
Suspension of Cards. Fuelman, at its sole discretion, may suspend or terminate the use of any Card at any time
for any reason, including, but not limited to, inactivity, unusual activity, or suspected loss, theft, fraud, or in
compliance with the USA Patriot Act. However, nothing in this Agreement shall obligate Fuelman to
monitor the use of any Card, and, as described in this Agreement, Customer is solely responsible for the use
of any outstanding Cards.
Suspension of Account. Fuelman, at its sole discretion, may suspend or terminate the use of an Account at any
time for any reason, including, but not limited to, inactivity, unusual activity, change in creditworthiness,
late payment (excessive days beyond terms), aggregate outstanding balance owing on the Account
5

Page 69 of 100

(outstanding Account balance and unbilled Transactions) over the Credit Limit or in compliance with the
USA Patriot Act. Fuelman reserves the right to charge up to a fifty dollar ($50) fee for Account
reinstatement each time a previously suspended Account is reinstated.
Services Provided
General Services. Fuelman shall provide the following services to Customer under this Agreement:
3.1.1

Issue to Customer the Cards upon Fuelman’s approval of the Application.

3.1.2
Maintain a network of Merchant Locations for Fuel and Maintenance where Customer may make
purchases with Cards pursuant to this Agreement.
3.1.3

Provide an online directory to identify accepting Merchant Locations.

3.1.4
Maintain an authorization control system to verify that a Card being presented for payment is
valid/active and that the Driver ID being used is valid/active for that particular Card. In addition, individual
Card-level spending limits can be established by the Customer for each product category (e.g., Fuel,
Maintenance supplies, Maintenance services, Miscellaneous).
3.1.5
Issue management reports and billing Statements to Customer showing details of all posted Card
Transactions during the Billing Cycle.
Ancillary Products and Services. Fuelman reserves the right to make certain ancillary fleet management related
products and services (e.g., emergency roadside assistance) that are delivered by other vendors/companies
available to the Customer for purchase on Cards. For the purpose of reporting the Transactions, these
ancillary products and services are considered Maintenance. The act of requesting the ancillary product or
service with a valid Card and Driver ID, via a unique toll free phone number or web URL, establishes
spending approval up to the maximum authorized amount established for that ancillary product or service
regardless of the spending limit in effect for the Card. The unique toll free phone number or web URL and
the maximum amount authorized for each ancillary product or service will be communicated to Customer
as part of the introduction of each new ancillary product or service and can also be obtained from
Fuelman’s customer service representatives at the Fuelman Help Desk.
3.2.1
Preventative Maintenance Program. Preventative maintenance alerts and reporting are available
according to certain available parameters. Fuelman reserves the right to charge up to ten dollars ($10.00) a week
per Account with a maximum of forty dollars ($40.00) per week per Customer for all Accounts.
3.2.2
Roadside Assistance for Unattended Vehicles. Through an association with a third party, Fuelman
may offer roadside assistance for vehicles, including towing services. The services may not be available for
unattended vehicles. The personnel of any such third party provider are not the agents or employees of Fuelman
and Fuelman shall not be responsible for the products or services rendered by such third party, or for any other
liability or damage which arises from the action or negligence of the personnel of the third party, its agents or its
employees.
Inability to Operate. Fuelman shall have no responsibility for any person(s) or machine(s) rejection of or refusal
to honor a Card. Customer agrees there shall be no liability to Fuelman or any other company or entity, if
for any reason any Merchant or Merchant Location should fail to allow the purchase of Fuel or
Maintenance, fail to authorize Transaction(s) or fail to operate in any other manner, even though a Card is
valid.
6

Page 70 of 100

WARRANTY DISCLAIMER. FUELMAN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL FUELMAN ACCOUNTS, PRODUCTS,
AND SERVICES ARE PROVIDED ON AN AS-IS BASIS.
Purchases.
Use of Cards. Customer may use the Cards at any participating Merchant Location for the purchase of Fuel,
Maintenance, or Miscellaneous items. To use a Card the Customer should follow the directions for
purchase established at the particular Merchant Location.
Title. As between Customer and Fuelman, title to Fuel purchased with the Card passes from Fuelman to
Customer when the Cardholder dispenses Fuel (when fuel leaves the fuel dispensing nozzle), except as
otherwise provided by applicable law. Title to any non-Fuel product or service purchased with the Card
passes directly from the Merchant to Customer when the Cardholder receives such non-Fuel product and/or
service. Fuelman takes no title to Maintenance or Miscellaneous items.
Verification of Merchant Locations. Customer acknowledges that not all retail locations selling Fuel and
Maintenance accept Fuelman’s Cards. If Customer is uncertain as to whether a location is able to accept the
Cards, Customer should visit the online site locator at www.fuelman.com or contact Fuelman’s 24x365
Authorization Center at 800-877-9013.
Safety.
Safe Fueling Operation. Customer shall instruct all persons to whom Customer provides a Card for purchasing
Fuel in safe and proper fueling procedures. Customer will ensure that everyone using a Card issued in the
name of Customer is instructed in applicable safety measures.
Safety Laws and Notices. Customer shall comply, and Customer shall cause its employees and agents to comply,
with all applicable local, state, and federal laws and regulations pertaining to the dispensing and use of Fuel
at Merchant Locations as well as all safety notices posted by Merchants.
Representations and Warranties. Customer represents and warrants to Fuelman as of the date of the
Application and on the date of each extension of credit under this Agreement that:
Customer will use the Cards solely for commercial purposes and shall strictly prohibit any personal use by the
users of its Cards.
Conditions To Extension Of Credit. Any extension of credit under this Agreement shall be subject to, and
conditioned upon, satisfaction of the following requirements:
Fuelman’s receipt of a duly executed counterpart of the Application by Customer and, if requested, the
Guarantor, in form and substance acceptable to Fuelman in its sole discretion;
Outstanding amounts due, including any applicable fees as described in this Agreement, are paid by Due
Date. Any amount not paid by the Due Date is subject to Late Fees (Section 8.2) and Finance Charges
(Section 8.4); and
After giving effect to any requested extension of credit, the aggregate outstanding balance owing on the
Account (outstanding Account balance and unbilled Transactions) shall not exceed Customer’s Credit
Limit, as determined by Fuelman from time to time in its sole discretion.
Billing & Payments
7

Page 71 of 100

Applying Payments. Fuelman uses a “balance-forward” based accounting system. Therefore, all payments made
by Customer to Fuelman will be applied accordingly against the outstanding amount due at the time the
payment is received. Subject to applicable law, we will apply and allocate payments and credits among
balances owed by Customer (whether for purchases, fees, interest, or otherwise) in any order and manner
determined by Fuelman in its sole discretion. Customer agrees that Fuelman has the unconditional right to
exercise this discretion in a way that is most favorable or convenient to Fuelman.
Insufficient Funds. If a check, credit card charge, or EFT/ACH is returned or denied, Fuelman reserves the right
to charge the lesser fifty dollars ($50) or the maximum amount allowable by applicable law for each
occurrence.
Delivery Methods. Fuelman offers several different methods for delivering Statements and the standard fleet
management report:
Via US Mail. Fuelman reserves the right to charge up to ten dollars ($10) for each mail delivery of each report.
Customer with failed fax and email deliveries will be charged the mail delivery rate for any resubmission of
the reports via mail, performed at Fuelman’s discretion.
Via Facsimile. Fuelman reserves the right to charge up to five dollars ($5) for each fax delivery of each report.
Mailed resubmissions will be charged at the mail delivery rate described in Section 9.1.
Via eMail with .pdf attachment. Email with .pdf attachment delivery is free of charge. Mailed resubmissions will
be charged at the mail delivery rate described in Section 9.1.
Via eMail with URL link to .pdf attachment. Email with URL link to .pdf attachment is free of charge. Mailed
resubmissions will be charged at the mail delivery rate described in Section 9.1.
Optional Fleet Management Reports. Fuelman produces a variety of optional fleet management reports,
including YTD summaries, Maintenance-specific reports, driver-specific reports, and tax reports. Excluding
certain Optional reports offered free of charge to Customer under the General Outline of Services to be
Provided, Fuelman reserves the right to charge Customer a fee of up to fifteen dollars ($15) for delivering
each of these optional reports.
Dispute Resolution.
Disputed Transactions. To dispute any Transaction on Customer’s Statement, Customer must notify Fuelman in
writing as set forth below within fifteen (15) days of the date of Customer’s Statement. Fuelman will
promptly investigate the matter and respond to Customer within sixty (60) days after receiving written
notice. Notice should be sent to: FUELMAN, P. O. Box 924138, Norcross, GA 30010, Attention:
Customer Service. Fuelman shall not be responsible for and Customer shall waive any discrepancies or
disputes that Customer does not report to Fuelman in writing within fifteen (15) days after the date of
Customer’s Statement.
Disputed Transaction Notices. Customer may report any dispute to Fuelman by telephone. However, telephone
notice will not preserve Customer’s rights or otherwise serve as effective notice under this Agreement.
Customer must put in writing any dispute regarding a Transaction on Customer’s Statement. Customer’s
letter must include the following information: name; Account number; date of the Statement; dollar amount
and identification of the Transaction(s) in question; and any possible explanation of the error.
Dispute Resolution. The parties agree that they will work in good faith to resolve any disputes arising under this
Agreement. If the dispute cannot be resolved by the parties, then at Fuelman’s sole discretion, the dispute
will be resolved by binding arbitration in Atlanta, Georgia in compliance with the American Arbitration
Association’s commercial arbitration rules or by litigation in accordance with Section 20. The foregoing
does not prohibit either party from seeking injunctive relief without first complying with this Section.
8

Page 72 of 100

Customer will reimburse Fuelman for all of its costs and expenses (including collections and attorney’s fees
and costs) incurred in connection with enforcing any of Fuelman’s rights under this Agreement. To
accommodate the right to arbitrate, Customer agrees that Customer will neither assert, nor participate in, a
class action or other representative action or proceeding related to this Agreement, the Account, the Cards
or any other aspect of Customer's relationship with Fuelman.
Security, Loss, Theft Or Unauthorized Use Of Card.
General Security. Each Card can be programmed to only allow Fuel or both Fuel & Maintenance services such as
oil changes, vehicle washes, etc. Typically each Transaction is authorized with the Card number, product
code, quantity and driver’s Driver ID across the proprietary Fuelman network to ensure that the purchase is
authorized and limited to the product and quantity (e.g. gallons of Fuel or dollars of Maintenance) that have
been pre-approved. This system also helps prevent unauthorized Driver IDs and stolen Cards from being
used to make purchases. The product and quantity controls are subject to each Merchant Location’s POS
Authorization Limitations described in Section 13.9.
Fuelman’s Liability. In the event an unauthorized Transaction occurs, subject to the limitations and Customer
responsibilities explained in this Section 13, and in the event that the Account has been issued fewer than
ten (10) Cards, Fuelman will assume full responsibility for those purchases. If the Account has been issued
ten (10) or more Cards, Customer assumes all liability and responsibility for unauthorized Transactions or
Account activity.
Customer’s Responsibility. It is the responsibility of Customer to ensure proper security controls are kept in place
to protect the Cards and Driver IDs and that only authorized employees or agents of Customer use them to
make purchases. It is also the Customer’s responsibility to lock any inactive, misplaced, or stolen Cards
and Driver IDs immediately. Fuelman is not responsible for fraudulent Transactions made on unlocked
Cards with valid Driver IDs. Customer should use the online account application to lock Cards and Driver
IDs instantly. Alternatively, the Customer can contact Fuelman Customer Service during regular business
hours via fax or email with the requested change, in which case Fuelman will make the requested changes
within 24 hours and assume responsibility for any unauthorized purchases at that point. All Transactions in
which a valid/unlocked Card number was used in conjunction with a valid/active Driver ID will be
considered to be authorized Transactions in which Customer is fully responsible for payment. It is also the
Customer’s responsibility to review the standard fleet management reports and optional eMail exception
alerts to identify potential purchasing discrepancies. Customer should instruct its Cardholders to keep any
record of their Driver ID separate from the vehicle’s Card.
Lost or Stolen Cards. Customer shall report all lost or stolen Cards to Fuelman immediately via phone call or
email to Fuelman’s Customer Service department identifying the Card number and such other details
concerning the loss or theft of the Cards as are known by Customer. Customer shall be liable for all
Transactions made by lost or stolen Cards until midnight of the day that Fuelman receives Customer’s
notice of such lost or stolen Cards. Customer and Guarantor(s) agree to and acknowledge full liability for
any losses resulting from any failure to report the loss or theft of Card(s) in accordance with the terms
hereof.
Terminated Drivers. It is the Customer’s responsibility to lock a terminated driver’s Driver ID as explained in
Section 13.3.
Miscellaneous Product Purchase Limitations. In addition to the vehicle-related product categories (Fuel,
Maintenance supplies, and Maintenance services) a Card can be allowed to purchase non-vehicle related
items under the Miscellaneous product category. If a Customer does not want to allow non-vehicle related
purchases, Customer should set each Card’s Miscellaneous product category spending limit to zero dollars
($0). Fuelman assumes no responsibility for any unauthorized Miscellaneous purchases.

9

Page 73 of 100

Tax Reporting Limitations. Fuelman calculates applicable taxes for Fuel. Applicable taxes for Maintenance and
other non-Fuel purchases are dependent on the information provided to Fuelman by the applicable
Merchant Location.
Merchant Limitations. The personnel (if any) at a Merchant Location are not the agents or employees of Fuelman
and Fuelman shall not be responsible for the products or services rendered by any of the Merchants or any
other liability or damage which arises from the action or negligence of the personnel of any of the
Merchants, their agents or their employees.
POS Authorization Limitations. Authorization controls are provided as a convenience to the Customer and are
not guaranteed to prevent unauthorized purchases. Specifically, depending on the particular point-of-sale
(POS) equipment and Fuel dispenser controls being used by a particular Merchant Location, the product
type and spending limit may not be enforceable prior to completing the Transaction. In these situations, the
Transaction will still be considered to be authorized, but will be identified as an exception on the
Customer’s standard fleet management report and reported via email if desired by Customer.
Claims. All claims for defective Fuel or Maintenance must be made to the Merchant operating the Merchant
Location where such Fuel or Maintenance was purchased. Any claim for defective Fuel or Maintenance is
waived by Customer unless made in writing to Merchant, with a copy to Fuelman, within fifteen (15) days
from the date of the purchase of the alleged defective Fuel or Maintenance giving rise to the claim.
Fuelman will not accept any claims for defective Miscellaneous.
Contacts and Notices.
Fleet Contact. The “Fleet Contact” listed on the Application is authorized to provide Fuelman with the
information necessary to establish Customer’s Account records and Cards, including, but not limited to
vehicle, driver and card user related information. Fuelman is authorized to send all account information
and Customer’s Cards to the Fleet Contact’s attention.
Accounts Payable Contact. The “Accounts Payable Contact” listed on the Application is authorized to provide
Fuelman with payment information about payments on the Account. This contact may be the same person
as the Fleet Contact and will be Fuelman’s primary contact in the event that the Account becomes
delinquent or exceeds the assigned Credit Limit.
Maximum Lawful Rate. In no event shall any Finance Charges or other rates payable under this Agreement,
plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a
court of competent jurisdiction shall, in a final determination, deem applicable. Customer and Fuelman, in
executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner
of payment stated within it; provided, however, that, anything contained herein to the contrary
notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under
applicable law, then, ipso facto, as of the date of this Agreement, Customer is and shall be liable only for the
payment of such maximum amount as allowed by law, and payment received from Customer in excess of
such legal maximum amount, whenever received, shall be applied to reduce the principal balance of the
Obligations hereunder to the extent of such excess.
Credit Reporting Agencies. Customer and Guarantor(s) authorize Fuelman to report to any commercial credit
reporting agency, Customer’s or Guarantor’s performance under this Agreement, including but not limited to
Dunn & Bradstreet, Experian Business or Equifax Credit Information Services. If the Account is personally
guaranteed, Fuelman reserves the right to report Account information to consumer credit reporting agencies,
including but not limited to Equifax Credit Information Services, Experian and TransUnion. Customer and
Guarantor have the right to notify the consumer reporting agencies not to use its respective credit report in
connection with a credit transaction it did not initiate. To do so, contact Equifax Credit Information
Services, P.O. Box 740123, Atlanta, GA 30374-0123; Experian, P.O. Box 919 Allen, TX 75013; and
10

Page 74 of 100

TransUnion, P.O. Box 97328, Jackson, MS 39288-7328; or Customer and Guarantor may notify all three
agencies by calling 1-888-567-8688.
Limitation of Liability.
FUELMAN WILL HAVE NO LIABILITY FOR INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING CLAIMS
FOR LOSS OF PROFITS, WHETHER RESULTING DIRECTLY OR INDIRECTLY TO CUSTOMER,
GUARANTOR, OR THIRD PARTIES, AND WHETHER ARISING IN CONTRACT, TORT, OR
OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH
OF THIS AGREEMENT. IN THE EVENT A COURT IN A FINAL, NON-APPEALABLE AWARD
FINDS FUELMAN LIABLE FOR ANY DIRECT DAMAGES, FUELMAN’S LIABILITY IN THE
AGGREGATE FOR SUCH DIRECT DAMAGES WILL NOT EXCEED THE AMOUNT PAID OR
PAYABLE BY CUSTOMER TO FUELMAN FOR THE MONTH PRECEDING THE DATE ON WHICH
THE CLAIM AROSE.
Indemnification. To the maximum extent allowed by law, Customer (the “Indemnitor”) will indemnify and hold
harmless Fuelman and its affiliates, directors, officers, employees, and agents (the “Indemnitees”) from and
against any and all third party claims, losses, damages, suits, fees, judgments, costs, and expenses
(collectively referred to as “Claims”), including attorneys’ fees incurred in responding to such Claims, that
the Indemnitees may suffer or incur arising out of or in connection with (a) the Indemnitor’s (or its
employees’ or agents’) negligence, willful misconduct, or breach of any representation, warranty or other
obligation under this Agreement; or (b) any personal injury (including death), damage to property, or
environmental clean-up and related costs, resulting from the Indemnitor’s or its employees’ or agent’s acts
or omissions. The Indemnitees will give prompt notice of any Claim to the Indemnitor, who will defend the
Indemnitees at the Indemnitees’ request.
Nondisclosure. Fuelman may provide to Customer access to confidential and proprietary information regarding
Fuelman’s business, business plans, pricing and reimbursement policies, and other issues (“Confidential
Information.”). Customer will keep all Confidential Information in strict confidence and not disclose or use
the Confidential Information during the term of this Agreement and for five (5) years thereafter, provided
that for any Confidential Information deemed to be a “trade secret,” Customer shall protect and not disclose
or use such Confidential Information for so long as such Confidential Information is considered a trade
secret. This Agreement shall also be considered Confidential Information and Customer will not disclose its
terms except as permitted by Fuelman. Customer will inform its employees and agents as to the confidential
and proprietary nature of the Confidential Information to which they may be exposed and take all necessary
actions to ensure that such employees and agents keep such information strictly confidential. Customer will
return any Confidential Information upon request from Fuelman. Customer agrees that any disclosure of
Confidential Information would cause irreparable harm for which monetary damages may not be a sufficient
remedy, so Fuelman will be entitled to seek all remedies and damages available at law and in equity,
including but not limited to injunctive relief, without the posting of a bond.
Governing Law, Venue and Jurisdiction. Except as provided in Section 8.3 above, this Agreement will be
governed by the laws of the State of Arkansas, without regard to its conflicts of laws principles. Each party
agrees that any legal proceeding brought by it in any way arising out of this Agreement must be brought in
the United States District Court or in the state courts of the State of Arkansas, and each party submits to the
sole and exclusive jurisdiction of such courts. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE
RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THIS AGREEMENT.

11

Page 75 of 100

EXHIBIT C

INTRACITY TRANSIT
SOLICITATION PROVISIONS / REQUIRED CONTRACT CLAUSES
1.1

Contract Subject to Federal Financial Assistance / Application of Provisions and Clauses

Operation of Intracity Transit is funded in part by grants from the Federal Transit Administration
(FTA) of the United States Department of Transportation. The award of any contract is subject
to the requirements of financial assistance contracts between Intracity Transit and the U.S.
Department of Transportation requiring compliance with purchasing procedures and standards as
set forth in various federal statutes and regulations including OMB Circular A-102, 49 CFR Part
18, and FTA Circular 4220.1F. The Contractor is required to comply with all terms and
conditions prescribed for third-party contracts by the U.S. Department of Transportation, Federal
Transit Administration (FTA).
The following solicitation provisions and required contract clauses will be incorporated by reference in
any contract resulting from this Solicitation issued by Intracity Transit (also referred to as “Purchaser” or
“Recipient” in following clauses). These solicitation provisions and required contract clauses are in
addition to other General Specifications, Special and Technical Specifications, Bidding or Proposal
Procedures, and Bid or Proposal Forms set forth in other sections of this Solicitation which may also be
incorporated by reference in any resulting contract. Some provisions and clauses require the
bidder/proposer to execute and submit certain required certifications with the bid or proposal, which are
included herein. Failure to execute and submit required certifications with the bid or proposal documents
may render a bid or proposal non-responsive.
ELIGIBILITY, PROHIBITED INTERESTS, LOBBYING, RECORDS
The following provision is applicable to any contract or subcontract in excess of $25,000:
1.2

Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered
Transactions. (Third Party Contracts Over $25,000)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required
to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at
49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by Intracity Transit. If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to
remedies available to Intracity Transit, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
The following provision is applicable to any contract or subcontract in excess of $100,000:
12

Page 76 of 100

1.3

Lobbying

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104.65 - Contractors who apply or bid for an award of $100,000 or more shall file
the certification required by 49 CFR part 20, "New Restrictions on Lobbying,” included herein
as Bid Attachment 1.3. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to Intracity
Transit.
1.4

Program Fraud and False or Fraudulent Statements and Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,
the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
1.5

Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Agreement
between Purchaser and FTA, as they may be amended or promulgated from time to time during
the term of this contract. Contractor's failure to so comply shall constitute a material breach of
this contract.
1.6

No Government Obligation to Third Parties

The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying contract,
13

Page 77 of 100

absent the express written consent by the Federal Government, the Federal Government is not a
party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
1.7

Access to Records and Reports
1.

Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub
grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or
any of their authorized representatives access to any books, documents, papers and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17
to provide the FTA Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C. 5307, 5309 or 5311.

2.

Where the Purchaser is a State and is the FTA Recipient or a sub grantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at $100,000.

3.

Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other nonprofit organization and is the FTA Recipient or a sub grantee of the FTA Recipient in accordance
with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized representatives with
access to any books, documents, papers and record of the Contractor which are directly pertinent
to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4.

Where any Purchaser which is the FTA Recipient or a sub grantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.

5.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.

6.

The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of litigation or settlement of claims arising from the performance of
this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
14

Page 78 of 100

disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
CIVIL RIGHTS, EEO, DISADVANTAGED BUSINESS ENTERPRISE
1.8

Title VI, Civil Rights Act of 1964, Compliance
During the performance of this contract, the Contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
(a)

Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in federal programs of the Department of Transportation (hereinafter referred to as
"Regulations"), which are incorporated by reference and made a part of this contract.

(b)

Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.

(c)

Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
1.

Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332,
the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq, (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.

2.

Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.

3.

Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
15

Page 79 of 100

C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(d)
The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
1.9

Disadvantaged Business Enterprise, 49 CFR Part 26
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this contract or
such other remedy as Intracity Transit deems appropriate.

This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. A separate contract goal of 1.8% DBE participation has been established for this
procurement.
If a specific DBE goal is assigned to this contract, and if the contractor is found to have failed to
exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided,
Intracity Transit may declare the Contractor noncompliant and in breach of contract. If a goal is
not stated, it will be understood that no specific goal is assigned to this contract.
ENVIRONMENTAL and CONSERVATION REQUIREMENTS
1.10

Energy Conservation

The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency, which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
The following clause applies to any contract or subcontract in excess of $100,000:

1.11

Clean Air
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to
the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
The following clause applies to any contract or subcontract in excess of $100,000:

1.12

Clean Water
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report
16

Page 80 of 100

each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.

OTHER STATUTORY REQUIREMENTS
1.13

Breaches and Dispute Resolution
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of Intracity Transit's Resident
Advisor. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt
of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In
connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer
evidence in support of its position. The decision of the Resident Advisor shall be binding upon the
Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by Intracity Transit, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts he
is legally liable, a claim for damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters
in question between the Intracity Transit and the Contractor arising out of or relating to this agreement or
its breach will be decided by arbitration if the parties mutually agree, or in a court of competent
jurisdiction within the State in which the Intracity Transit is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
rights and remedies available there under shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the Intracity Transit or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach there under, except as may be specifically agreed in
writing.
1.14

Termination
Termination for Convenience (General Provision): Intracity Transit may terminate this contract, in whole
or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The
Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to Intracity Transit to
be paid the Contractor. If the Contractor has any property in its possession belonging to Intracity Transit,
the Contractor will account for the same, and dispose of it in the manner Intracity Transit directs.
Termination for Default [Breach or Cause] (General Provision): If the Contractor does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services, the
Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply
with any other provisions of the contract, Intracity Transit may terminate this contract for default.
Termination shall be effected by serving a notice of termination on the contractor setting forth the manner
17

Page 81 of 100

in which the Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of performance set forth in
the contract.

If it is later determined by Intracity Transit that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, Intracity Transit, after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
Opportunity to Cure (General Provision): Intracity Transit in its sole discretion may, in the case of a
termination for breach or default, allow the Contractor ten days in which to cure the defect. In such case,
the notice of termination will state the time period in which cure is permitted and other appropriate
conditions.

If Contractor fails to remedy to Intracity Transit's satisfaction the breach or default or any of the
terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor
or written notice from Intracity Transit setting forth the nature of said breach or default, Intracity
Transit shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude Intracity
Transit from also pursuing all available remedies against Contractor and its sureties for said
breach or default.
Waiver of Remedies for any Breach In the event that Intracity Transit elects to waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by Intracity Transit
shall not limit Intracity Transit's remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.

1.15

Incorporation Of Federal Transit Administration (FTA) Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions required
by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail
to perform any act, or refuse to comply with any Intracity Transit requests, which would cause Intracity
Transit to be in violation of the FTA terms and conditions.
###

18

Page 82 of 100

INTRACITY TRANSIT
CERTIFICATION REGARDING LOBBYING PURSUANT TO 49 CFR PART 20
(FOR CONTRACTS IN EXCESS OF $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been
modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2
U.S.C. 1601, et seq .)]
(3)
The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________

Signature of Contractor's Authorized Official

Todd House, President – U.S. Direct Business

Name and Title of Contractor's Authorized Official

____________________________

Date

19

Page 83 of 100

R-26-144

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Police

AGENDA MEETING
STAFF REPORT:

Chris Chapmond

SUBMITTED:

July 22, 2026

BOD MEETING STAFF
REPORT:

Chris Chapmond

SUBJECT:

Consider Resolution R-26-144 A Resolution Authorizing The Filing And Acceptance Of The
2026 Law Enforcement Mental Health And Wellness Act Grant Administered By The
Department Of Justice, Office Of Community Oriented Policing Services.

ATTACHMENTS:

R-26-144

BACKGROUND INFORMATION:
The Hot Springs Police Department (HSPD) is a mid-sized municipal agency serving a community of approximately 40,000
residents in Garland County, Arkansas. As a premier tourist destination drawing millions of visitors annually alongside its
resident population, HSPD officers face a disproportionately high volume of complex, high-stress calls. Frontline
personnel experience daily exposure to severe trauma involving acute mental health crises, domestic violence, chronic
substance abuse, and increasingly, violent crime.
In a close-knit department, the compounding psychological weight of these repeated exposures places an immense
strain on personnel. The cumulative toll manifest as localized stress injuries, accelerated burnout, and early retirements,
threatening both individual officer longevity and overall organizational resilience.
Recognizing these challenges, HSPD utilized FY 2025 LEMHWA funding to initiate investments in its wellness
infrastructure. This initial grant allowed the department to begin expanding the capabilities of an internal wellness unit
by providing advanced training for our peer support team, deploying a mobile wellness application for daily officer use,
securing contract mental health services, and hosting wellness guest speakers.
While these baseline programs proved the distinct value of wellness interventions, they also revealed structural
limitations. Currently, numerous officers and dispatchers are assigned as wellness and peer support resources, but all
must perform these vital duties as a secondary, collateral function. Balancing intense operational shifts with peer
support responsibilities restricts their capacity, limits proactive outreach, and leaves little room to consistently engage
officers' families or execute long-term strategic wellness planning.
National law enforcement data indicates that up to 75% of personnel leaving the profession do so due to wellness- and
leadership-related issues, including burnout and unmanaged organizational stress. To shift from a reactive posture to a

Page 84 of 100

proactive culture of total worker health, HSPD requires a dedicated operational leader. Funding from the FY 2026
LEMHWA Enhancement Grant will bridge this gap by transitioning our baseline program into a permanent, highly
professionalized institutional standard.
If approved by the Board, HSPD's 2026 grant request will focus on:
Identifying and contracting with a full-time provider to organize, manage, and train the Hot Springs Police Department in
all things wellness as listed;
Core Responsibilities
A. Resilience and Wellness Programming
 Systemic Training Integration: Design and execute a continuous, modular resilience curriculum integrated
directly into the department's standard training calendar, replacing disjointed, one-time seminars.
 Peer Support Oversight: Recertify, expand, and mentor a credible, multi-disciplinary peer support team backed
by rigorous clinical confidentiality protocols.
 Critical Incident Response: Standardize and facilitate rapid post-critical-incident support, including structured
defusing, psychological first aid, and formal debriefings.
 Stigma Reduction: Actively engage personnel across all shifts to lower barriers to care, providing direct
navigation to external clinicians, Employee Assistance Programs (EAP), and chaplaincy networks.
B. Leadership Development
 First-Line Supervisor Curricula: Build and deliver targeted training for Sergeants, Lieutenants, and civilian
supervisors focused on identifying early indicators of stress injuries, preventing burnout, and fostering
psychological safety within units.
 Leadership Mentorship: Cultivate emerging leaders and high-potential personnel to embed wellness concepts
into daily operational command.
 State-Level Alignment: Partner with the Arkansas Commission on Law Enforcement Standards and Training
(CLEST) and state assets to bring accredited leadership development programs directly to the agency.
C. Training Coordination & Metrics Tracking
 Maintain the central repository for all employee wellness training records and individual/unit-level engagement
metrics.
 Provide regular, de-identified, data-informed briefs to the command staff to guide operational adjustments.
 Liaise with national first responder wellness organizations to ensure HSPD remains aligned with evolving,
evidence-based best practices.
D. Family, Community, and Cross-Departmental Engagement
 Holistic Family Programming: Extend resilience resources, education, and support networks to the spouses and
families of personnel, recognizing that law enforcement stress impacts the domestic environment.
 Resource Network Cultivation: Build formal referral pathways with regional clinical specialists, faith-based
support structures, and specialized first responder networks.
 City-Wide Collaboration: Partner directly with the City of Hot Springs Human Resources Department to scale
transferable organizational health initiatives, extending wellness resources to non-sworn municipal employees
to maximize city-wide retention.
ANNUAL BUDGET APPROVAL:
☐ Yes
☒ No
☐ N/A
FINANCIAL IMPACT:
There is no local match required.

Page 85 of 100

ALTERNATIVES:
Decline authorization for application to and acceptance of grant funding.

Harmony Morrissey, City Clerk
Chris Chapmond, Chief of Police
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 04 Aug 2026

Page 86 of 100

RESOLUTION NO. R-26-144
A RESOLUTION AUTHORIZING THE FILING AND ACCEPTANCE OF THE 2026
LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT GRANT
ADMINISTERED BY THE DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES.
WHEREAS, the U. S. Department of Justice has funding available pursuant to the Law
Enforcement Mental Health And Wellness Act (LEMHWA) to improve the delivery of and access
to mental health and wellness services for law enforcement officers and their families through the
implementation of peer support, training, family resources, suicide prevention, and other
promising practices for wellness programs; and that
WHEREAS, the Hot Springs Police Department desires to utilize these funds to identify
and contract with a full-time provider to organize, manage, and train HSPD in mental health and
wellness related issues for a two-year contract period.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas:
That the City Manager or his designee is hereby authorized to file a grant application
pursuant to the U. S. Department of Justice, Office of Community Oriented Policing Services,
FY26 Law Enforcement Mental Health And Wellness Act (LEMHWA) grant guidelines to secure
funding to identify and contract with a full-time provider to organize, manage, and train HSPD in
mental health and wellness related issues for a period of 2 years, including all understandings and
assurances contained therein, to execute the grant agreement, and implement the project as well as
accept any resulting award of funding; and further to provide such additional information or make
such corrections, revisions or modifications as may be required by the U. S. Department of Justice
in connection with the City’s application, the grant agreement or the project.
PASSED: ___________________________
APPROVED: _____________________________
PAT McCABE, MAYOR
ATTEST: ____________________________
HARMONY MORRISSEY, CITY CLERK

Page 87 of 100

R-26-145

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☒ Resolution
☐ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Police

AGENDA MEETING
STAFF REPORT:

Chris Chapmond

SUBMITTED:

July 23, 2026

BOD MEETING STAFF
REPORT:

Chris Chapmond

SUBJECT:

Consider Resolution R-26-145 A Resolution Authorizing The Filing and Acceptance Of FY26
Community Oriented Policing Development Microgrant Program Funding To Support Hot
Springs Police Department's Drone As A First Responder (DFR) Program.

ATTACHMENTS:

R-26-145

BACKGROUND INFORMATION:
Project Description & Narrative- COPS-2026-172559 Micro Grants Unmanned Aerial Devices
1. Statement of Need
The Hot Springs Police Department (HSPD) serves a permanent resident population of approximately 40,000 citizens in
Garland County, Arkansas. However, as a premier national tourist destination, the city draws millions of visitors
annually. This massive influx of transient population creates a unique policing environment, leaving frontline personnel
disproportionately exposed to a high volume of complex, high-stress calls. Historically, Hot Springs has faced elevated
crime statistics, particularly with above-average rates of violent crime.
To combat this, HSPD implemented a targeted violent crime strategy in 2022. By leveraging modern technology—
including standard patrol-level Unmanned Aerial Vehicles (UAVs)—the department successfully achieved three
consecutive years of declining crime rates.
Despite these gains, frontline personnel face daily exposure to severe violent crime, illicit drug activity, human
trafficking, domestic violence, and persistent property crime. To sustain this downward trend, optimize officer safety,
and improve efficiency, HSPD must evolve its technological footprint. Currently, HSPD utilizes Skydio X2 and Skydio X10
platforms, but these are restricted to decentralized patrol-level deployment, reacting after units arrive on scene.
Transitioning to a proactive, centralized model is the critical next step in our community policing evolution.
2. Project Goal and Implementation Strategy
The primary goal of this project is to launch Central Arkansas’s first Drone as a First Responder (DFR) program. By
transitioning from a reactive UAV deployment model to an integrated DFR framework, HSPD will fundamentally change
how critical incidents are managed.

Page 88 of 100

Funding from the FY26 CPD Microgrants Program ($200,000) will be used to procure advanced drone technology,
infrastructure, and software capable of automated or remote launch upon call receipt. This DFR infrastructure will
integrate seamlessly into the HSPD Real-Time Crime Center (RTCC).
The integration of DFR technology represents a quantum leap in the operational capability of the Hot Springs Police
Department’s Real-Time Crime Center. Rather than acting as a standalone tactical asset, the DFR platform serves as the
mobile, airborne sensor network for the RTCC, creating an unprecedented level of situational awareness.
 True Force Multiplication: Currently, RTCC operators rely heavily on fixed municipal cameras, automated license
plate readers (ALPR), and private business feeds. These tools are inherently restricted by geography and blind
spots. The DFR system eliminates these limitations by allowing RTCC operators to instantly dispatch a dynamic,
high-definition camera into 3D space, closing intelligence gaps in real time.
 Advanced Incident De-Escalation: When responding to high-stress calls—such as acute mental health crises or
volatile domestic disputes—the DFR streams live telemetry directly to RTCC consoles. Crime center analysts can
immediately assess the scene, visually verifying if a subject is holding a weapon, experiencing a medical
emergency, or attempting to self-harm. This objective, real-time data allows the RTCC to relay critical
intelligence to responding ground units, enabling a shift from high-risk tactical intervention to deliberate,
peaceful de-escalation strategies.
 Precision Dispatching and Resource Allocation: By feeding live aerial overviews into the RTCC, supervisors can
instantly determine the appropriate footprint required for a scene. If the DFR arrives at a reported major
disturbance and identifies it as a minor civil dispute, the RTCC can immediately downgrade the call, cancelling
secondary emergency units and keeping critical frontline personnel available for proactive, visibility-based
community policing throughout Hot Springs.
ANNUAL BUDGET APPROVAL:
☐ Yes
☒ No
☐ N/A
FINANCIAL IMPACT:
none to annual budget
ALTERNATIVES:
Decline the filing and acceptance of the grant opportunity and seek funding through normal budget processes

Harmony Morrissey, City Clerk
Chris Chapmond, Chief of Police
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 04 Aug 2026
Approved - 04 Aug 2026

Page 89 of 100

RESOLUTION NO. R-26-145
A RESOLUTION AUTHORIZING THE FILING AND ACCEPTANCE OF FY26
COMMUNITY ORIENTED POLICING DEVELOPMENT MICROGRANT PROGRAM
FUNDING TO SUPPORT HOT SPRINGS POLICE DEPARTMENT'S DRONE AS A FIRST
RESPONDER (DFR) PROGRAM.
WHEREAS, the Office of Community Oriented Policing Services (COPS) is the component
of the U.S. Department of Justice responsible for advancing the practice of community policing and
the Administration’s priority of Making America Safe Again by supporting the nation’s law
enforcement agencies through information and grant resources; and
WHEREAS, COPS has FY26 Microgrants Program funds available to help fund
demonstration or pilot projects by local law enforcement agencies to increase their capacity to
implement innovative or evidence-based projects that improve officer and public safety by advancing
crime fighting, increasing organizational effectiveness, and promoting community safety; and
WHEREAS, the Hot Springs Police Department hopes to use grant funding to launch
Central Arkansas’s first Drone as a First Responder (DFR) program that would fundamentally change
how critical incidents are managed by transitioning from a reactive Unmanned Aerial Vehicle (UAV)
deployment model to an integrated DFR framework. Funding from the FY26 CPD Microgrants
Program would be used to procure advanced drone technology, infrastructure, and software capable
of automated or remote launch upon call receipt. This DFR infrastructure will integrate seamlessly
into the HSPD Real-Time Crime Center (RTCC); and
WHEREAS, HSPD has submitted to required SF-424 form, the first step required to complete
the grant application process and now request that the Board of Directors authorize the filing and
acceptance of the FY26 Community Oriented Policing Services Microgrants Program. Funds in the
amount of $200,000 to support the Drone as a First Responder (DFR ) project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Hot
Springs, Arkansas:
That the City Manager, or his designee, is hereby authorized to file applications, required
documents, budget and other financial data as well as any other additional application components
with the U.S. Department of Justice Office of Community Oriented Policing Services for available
FY26 microgrant funds and to accept any grant offers, including all understandings and assurances
contained therein, to execute any grant agreements, to act as the official representative of the City of

Page 90 of 100

Hot Springs and the Hot Springs Police Department in connection with the applications and the grant
agreements, and to provide such additional information or make such corrections, revisions, or
modifications as may be required in connection with the City’s applications or the grant agreements.
PASSED:
APPROVED:
PAT MCCABE, MAYOR
ATTEST:
HARMONY MORRISSEY, CITY CLERK

Page 91 of 100

O-26-31

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☒4

☐5

☐6

☐ City Wide

Type of Action Requested:
☐ Resolution
☒ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

Planning

AGENDA MEETING
STAFF REPORT:

Kathleen Sellman

SUBMITTED:

June 25, 2026

BOD MEETING STAFF
REPORT:

Kathleen Sellman

SUBJECT:

Consider Ordinance O-26-31 An Ordinance Amending The Zoning Map For Lots 1, 2, And Part
Of Lot 3 Of Sour Rock Springs Subdivision From RN-2 Residential Neighborhood 2 To C-R
Regional Commercial Zone District; Changing The Future Land Use Plan Map From Residential
Low Density To Linear Commercial Corridor To Correct A 2002 Mapping Error; And For Other
Purposes.

ATTACHMENTS:

O-26-31

BACKGROUND INFORMATION:
This application amends the zoning map from RN-2 Residential Neighborhood 2 to C-R Regional Commercial for Parcel
102482, Lots 1, 2 and part of Lot 3 Sour Rock Springs Subdivision. See Map. Two zoning map amendment errors apply to
this land. H.S.C. § 16-2-14.1 establishes standards for amending the Zoning Map. One standard is g. Corrects an error in
previous map amendment action.
A 2002 application to rezone to Commercial included a rudimentary map which used now-faded highlighter to outline
the subject land. The subsequent Board of Directors-approved Ordinance contained no map and what now appears to
be a partial legal description of the green-highlighted area. See 2002 Ordinance and materials. No documentation
exists to explain why the Ordinance's legal description differs from the application's map. The area depicted on the
application exceeds the area the Ordinance describes. Neither Planning Commission's nor Board of Directors' Minutes
reflect an amendment reducing the area being rezoned.
A 2004 Planning Commission Conditional Use action approved self-storage use and structures on the entire multiple-lot
parcel despite the fact that one of the subject lots was (and still is) residentially zoned. Self-storage facility was (and still
is) a prohibited use in residential zones. Meeting minutes from that meeting reflect that the then-Planning Director
incorrectly advised the Commission prior to their vote approving the conditional use that because an adjacent lot was
zoned Commercial and was in the same ownership, the residential zoning could be used as if zoned commercial. The
zoning map was not amended after-the-fact by ordinance to reflect that interpretation. See 2004 Survey.

Page 92 of 100

Current use on Lots 1-3 appears to be vehicle and boat storage. Such storage is in keeping with the approved 2004
conditional use for storage which specifically approved additional storage buildings (although the mapped residential
zone prohibited the use). As currently mapped, such use is not lawful. See photos.
Finding: H.S.C. §16-2-14.1 (f)(1) Approval standards for map amendments includes (g) Corrects an error in previous map
amendment action. Map amendment errors affecting Lots 1, 2, and part of 3, Sour Rock Springs Subdivision occurred in
both 2002 and 2004. Correcting the map to zone the subject land C-R Regional Commercial will remove a nonconformity and would allow both use and future development consistent with the 2004-approved Conditional Use
Permit. A Future Land Use Plan Map designation of Linear Commercial Corridor is consistent with surrounding C-R zoned
lands, and that map should be adjusted accordingly.
Planning Commission Action: At their duly advertised regular monthly meeting August 13, 2026, after calling for
testimony and considering the record, Planning Commission voted 7-0 to accept the findings and recommendation of
the staff report to recommend that the Board of Directors adopt an ordinance approving C-R Regional Commercial
zoning for Lots 1, 2 and part of Lot 3, Sour Rock Springs Subdivision to correct errors in previous map amendment action
per H.S.C. §16-2-14.1(f)(1) (g) and to amend the Future Land Use Plan Map to Linear Commercial Corridor.
ANNUAL BUDGET APPROVAL:
☐ Yes
☐ No
☒ N/A
FINANCIAL IMPACT:
No direct general fund impact.
ALTERNATIVES:
Amend the ordinance. Do not approve the ordinance. Remand the Ordinance to Planning Commission for specific
action.

Harmony Morrissey, City Clerk
Kathleen Sellman, Planning &
Development Director
Lance Spicer, Deputy City Manager
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 10 Aug 2026
Approved - 10 Aug 2026
Approved - 10 Aug 2026
Approved - 11 Aug 2026
Approved - 11 Aug 2026

Page 93 of 100

ORDINANCE NO. O-26-31
AN ORDINANCE AMENDING THE ZONING MAP FOR LOTS 1, 2, AND PART OF LOT
3 OF SOUR ROCK SPRINGS SUBDIVISION FROM RN-2 RESIDENTIAL
NEIGHBORHOOD 2 TO C-R REGIONAL COMMERCIAL ZONE DISTRICT;
CHANGING THE FUTURE LAND USE PLAN MAP FROM RESIDENTIAL LOW
DENSITY TO LINEAR COMMERCIAL CORRIDOR TO CORRECT A MAPPING
ERROR; AND FOR OTHER PURPOSES.
WHEREAS, H.S.C. § 16-2-14.1 (f)(1) Approval standards for map amendments includes
(g) Corrects an error in previous map amendment action; and
WHEREAS, Map amendment errors affecting Lots 1, 2, and part of 3, Sour Rock
Springs Subdivision occurred both in 2002 and in 2004; and
WHEREAS, Correcting the map to zone the subject land C-R Regional Commercial will
remove a non-conformity, and would allow both use and future development consistent with the
2004-approved Conditional Use Permit; and
WHEREAS, Hot Springs Planning Commission, at its legally advertised public hearing
held on August 13, 2026, after calling for testimony and considering the record voted 7-0 to
accept staff report findings, recommends that this zoning change be approved to correct an error
in previous zoning map amendment; assigning C-R Regional Commercial District zoning to the
subject property; and amending the Future Land Use Plan Map designation to Linear
Commercial Corridor.
NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE Board of Directors
of the City of Hot Springs, Arkansas, as follows:
SECTION 1. Zoning Amendment. That the following land shall be rezoned to C-R,
Regional Commercial District: All of Lots 1 and 2, and the northerly 49.97 feet of Lot 3, Sour
Rock Springs Subdivision No. 1.
SECTION 2. Zoning Map. That the Zoning Map referred to in the Zoning Code of the
City of Hot Springs, Arkansas is hereby amended to the extent necessary to make the amendment
provided for in Section 1 hereof.
SECTION 3. Future Land Use Plan Map Amendment. That the Future Land Use
classification for the real property described in Section 1 is hereby reclassified to Linear
Commercial Corridor.

Page 94 of 100

SECTION 4. Issuance of Permits. That no permits shall be issued until the effective date
of this ordinance.

PASSED: _____________________________
APPROVED: ____________________________________
PAT McCABE, MAYOR
ATTEST: __________________________________
HARMONY MORRISSEY, CITY CLERK
APPROVED AS TO LEGAL FORM: ______________________________________________
BRIAN W. ALBRIGHT, CITY ATTORNEY

Page 95 of 100

O-26-32

City of Hot Springs

BOARD ACTION REQUEST
Board of Directors - 18 Aug 2026
District:

☐1

☐2

☐3

☐4

☐5

☐6

☒ City Wide

Type of Action Requested:
☐ Resolution
☒ Ordinance
☐ Formal Action/Motion
☐ Other

☐ Other

DEPARTMENT:

City Attorney

AGENDA MEETING
STAFF REPORT:

Brian Albright

SUBMITTED:

August 12, 2026

BOD MEETING STAFF
REPORT:

Brian Albright

SUBJECT:

Consider Ordinance O-26-32 An Ordinance Calling For An Election To Be Held During The Next
General Election (November 3, 2026) On The Question Of Authorizing Sunday Sales Of
Alcoholic Beverages For Off-Premise Consumption In Hot Springs, Arkansas

ATTACHMENTS:

O-26-32

BACKGROUND INFORMATION:
Sunday off-premise alcohol sales in Arkansas are governed by A.C.A. § 3-3-210(b). This subsection authorizes cities to
permit Sunday off-premise retail alcohol sales — meaning sales at grocery stores, convenience stores, liquor stores, and
similar retail outlets — but only through a voter-approved referendum.
A.C.A. §3-3-210(b) provides:
(1) (A) ……. cities in the state may refer to the voters at an election the issue of whether to authorize the sale of
alcoholic beverages for off-premises consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight or
within a lesser period within the hours as may be provided under a referendum election conducted in accordance with
the following: (i) A referendum election may be called in a city by a petition filed with the city clerk signed by fifteen
percent (15%) of the qualified electors who cast a vote in the city for the Office of Governor in the last general election
in which the office appeared on the ballot
(B) The Sunday sale of alcoholic beverages authorized in this subsection shall be limited to those businesses within
the …… city that possess a current and valid license for the sale of alcoholic beverages issued by the Alcoholic Beverage
Control Division.
(2) (A) The election under this subsection shall be conducted on a citywide …… basis.
(B) All qualified electors within the city ……. shall be eligible to vote even though they may reside in a dry area.
(C) The election under this subsection on the Sunday sales question shall be held in accordance with the procedures
established for on-premises consumption elections by §3-9-201 et seq., and the ballot for the election shall be printed
substantially as follows:
“ ( ) FOR THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR
COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.
( ) AGAINST THE OFF-PREMISES SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN (NAME OF CITY OR
COUNTY), ARKANSAS, AS AUTHORIZED BY LAW.”.
A.C.A. §3-9-206 provides:

Page 96 of 100

(a) A referendum election hereunder shall be conducted in accordance with the following:
(1) A referendum election may be called in a city by resolution adopted by a majority vote of the governing
body of the city or by petition filed with the city clerk signed by qualified electors of the city numbering not
less than fifteen percent (15%) of the votes cast in the city for the office of Governor in the last general
election in which the office appeared on the ballot; or
(b)
(1) The election shall be called by order of the quorum court in accordance with § 7-11-201et seq. and held
and conducted in accordance with § 7-11-201et seq. and the results certified under the supervision of the
county board of election commissioners in the manner provided by the election laws of this state.
(2) The order of the quorum court shall fix the date of the election not more than ninety (90) days from the
date of the order and give notice thereof by publication in a newspaper of general circulation in the city or
county by at least two (2) insertions, the last being not less than ten (10) days prior to the election.
(3) The county board shall tabulate the votes and certify the results to the county clerk within ten (10) days
after the election.
(c) The election shall be conducted on a citywide …. basis. All qualified electors within the city ... shall be eligible
to vote even though they reside in a dry area thereof.
On August 5, 2026, pursuant to H.S.C. §1-2-1.2, a petition was filed with the City Clerk, signed by at least 15% of the
qualified electors who voted for the Office of Governor in the last general election. Based on data from the Garland
County Election Commission, 13,020 Hot Springs voters cast a vote for Governor in the 2022 general election which
means the required signature threshold is 1953 signatures.
Upon receipt of the petitions, they were reviewed by the city clerk’s office for sufficiency, then sent to the Garland
County Clerk’s office for verification against the voter rolls. If any petition is found insufficient, H.S.C. §1-2-1.3 allows the
sponsor 10 calendar days for correction or amendment. If 1953 signatures are verified, the referendum election shall be
called (H.S.C. §1-2-1.5).
1,953 signatures have been verified, which meets the requisite number. The City Clerk has certified the signatures to
the Garland County Clerk’s Office and the Garland County Election Commission.
The Garland County Election Commission must certify ballot language by 8/24/26.
The election date is November 3, 2026.
If rejected by the voters, the Sunday sale of alcohol for off-premises consumption shall remain prohibited.
If the voters approve the ballot measure, the Board will need to amend the City Code sections pertaining to Sunday sale
of alcohol for off-premises consumption.
Other Arkansas cities have successfully completed this process. The following jurisdictions now permit Sunday offpremise alcohol sales following voter-approved referenda:
• Fayetteville (Washington County) — approved November 2024; 82% voter approval; sales commenced December
2024; permitted hours 10:00 a.m. to midnight
• Rogers (Benton County) — approved November 2022; sales began January 1, 2023
• Bentonville (Benton County) — approved by referendum
• Springdale (Washington County) — approved by referendum
ANNUAL BUDGET APPROVAL:

Page 97 of 100

☐ Yes
☐ No
☒ N/A

Harmony Morrissey, City Clerk
Brian Albright, City Attorney
Bill Burrough, City Manager

Approved - 13 Aug 2026
Approved - 13 Aug 2026
Approved - 13 Aug 2026

Page 98 of 100

ORDINANCE NO. O-26-32
AN ORINANCE CALLING FOR AN ELECTION TO BE HELD DURING THE NEXT
GENERAL ELECTION (NOVEMBER 3, 2026) ON THE QUESTION OF AUTHORIZING
SUNDAY SALES OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION IN
HOT SPRINGS, ARKANSAS
WHEREAS, a proposed local option election to authorize Sunday sales of alcoholic beverages for
off-premise consumption in Hot Springs, Arkansas was initiated by citizen petition; and
WHEREAS, Hot Springs City Clerk has certified 1,957 Hot Springs qualified electors’ signatures
on proper petitions were filed with the City Clerk which is over the required 15% of the qualified electors
who cast a vote in Hot Springs for the Office of Governor in the last general election to successfully call
the election; and
WHEREAS, Hot Springs City Clerk is authorized to certify her verification of sufficient Hot
Springs electors’ signatures on proper petitions filed in her office to call this election with the Garland
County Election Commission; and
WHEREAS, H.S.C. § 1-2-1.5 states that once an initiative or referendum petition has been found
to be sufficient, the proper official shall call an election as prescribed by law; and
WHEREAS, Hot Springs City Clerk is requested to file a certified copy of this Ordinance Calling
For An Election To Be Held During The Next General Election (November 3, 2026) On the Question of
Authorizing Sunday Sales Of Alcoholic Beverages for Off-Premises Consumption In Hot Springs,
Arkansas, with the Garland County Clerk; and
WHEREAS, the City of Hot Springs requests that the Garland County Quorum Court order that
this election be called and included within the next General Election pursuant to A.C.A. § 3-3-210(b) and
A.C.A. § 3-9-206(b).
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Directors of the
City of Hot Springs, Arkansas, as follows:
Section 1: That the Board of Directors of the City of Hot Springs, Arkansas hereby confirms City
Clerk’s certification of sufficiency of the citizens’ petition to call an election for the next General Election
to authorize Sunday sales of alcoholic beverages for off-premises consumption in Hot Springs.
Section 2: Having found the petition sufficient, pursuant to H.S.C. §1-2-1.5, the Board of Directors
of the City of Hot Springs, Arkansas hereby calls that an election on the question of authorizing Sunday
sales of alcoholic beverages for off-premises consumption in Hot Springs be included within the General

Page 99 of 100

Election of November 3, 2026.
Section 3: That the Board of Directors of the City of Hot Springs, Arkansas hereby confirms that
in accordance with A.C.A. §7-11-204, §3-3-210(b) and §3-9-206 the ballot for this election ballot shall be
printed substantially as follows:
( ) FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION
ON SUNDAY WITHIN THE CITY OF HOT SPRINGS, ARKANSAS BETWEEN THE
HOURS OF 10:00 A.M. AND 12:00 MIDNIGHT, AS AUTHORIZED BY LAW.
( ) AGAINST THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE
CONSUMPTION ON SUNDAY WITHIN THE CITY OF HOT SPRINGS, ARKANSAS
BETWEEN THE HOURS OF 10:00 A.M. AND 12:00 MIDNIGHT, AS AUTHORIZED BY
LAW.
Section 4: That the Board of Directors of the City of Hot Springs, Arkansas hereby confirms that
the ballot title shall be: Whether or not to Authorize the Sale of Alcoholic Beverages for Off-premise
Consumption on Sundays between the hours of 10:00 a.m. and 12:00 midnight within the City of Hot
Springs, Arkansas.
PASSED: _____________________________
APPROVED: ____________________________________
PAT McCABE, MAYOR
ATTEST: _______________________________
HARMONY MORRISSEY, CITY CLERK
APPROVED AS TO LEGAL FORM: _____________________________________________
BRIAN W. ALBRIGHT, CITY ATTORNEY

Page 100 of 100