Board of Directors - Regular Meeting

MAYOR BOARD OF DIRECTORS George B McGill Ward 1 - Jarred Rego Ward 2 - Andre' Good ACTING CITY Ward 3 - Lee Kemp ADMINISTRATOR Ward 4 - George Catsavis Jeff Dingman At-Large Position 5 - Christina Catsavis At-Large Position 6 - Kevin Settle CITY CLERK At-Large Position 7 - Neal Martin Sherri Gard AGENDA Fort Smith Board of Directors REGULAR MEETING July 22, 2025 ~ 6:00 p.m. Blue Lion 101 North 2nd Street Fort Smith, Arkansas THIS MEETING IS BEING TELECAST LIVE ON THE CITY OF FORT SMITH GOVERNMENT ACCESS CHANNEL (COX CHANNEL 214) AND ONLINE AT THE FOLLOWING LINK: https://fortsmithar.granicus.com/ViewPublisher.php?view_id=1 INVOCATION & PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION BY MEMBERS OF THE BOARD OF DIRECTORS OF ANY ITEMS OF BUSINESS NOT ALREADY ON THE AGENDA FOR THIS MEETING APPROVE MINUTES OF THE JULY 8, 2025 REGULAR MEETING AND JULY 15, 2025 SPECIAL MEETING ITEMS OF BUSINESS 1. Resolution authorizing the offering of Sales and Use Tax Bonds to finance sewer improvements; and prescribing other matters relating thereto (City Administrator) ♦ ● 2. Resolution authorizing the submittal of the City of Fort Smith Energy & Environment Innovation Comprehensive Action Plan to the Arkansas Department of Energy & Environment in accordance with Memorandum of Agreement No. CPRG-CFS-002 ~ Kemp/Good placed on agenda at the June 10, 2025 study session ~ (Citizen & City Services) 3. Ordinance establishing pay rates and related procedures for City engineers (Human Resources) ♦ Future Fort Smith Item ● Consent Decree Item July 22, 2025 Regular Meeting 1 4. Resolution authorizing engineering services agreements for the design of projects in the 2025 Streets, Bridges and Associated Drainage Sales Tax Program ($1,228,710.00 / Budgeted / Engineering – Sales Tax Program) (Engineering) ♦ ● 5. Resolution authorizing acquisition of permanent sewer utility easements and temporary construction easement for Consent Decree line repair projects ($1,500.00 / Budgeted / Water Utilities – 5/8% Sales and Use Tax) (Water Utilities) ♦ ● 6. Consent Agenda A. Resolution formally adopting Grant Policies and Procedures for the City of Fort Smith ~ Settle/C. Catsavis placed on future agenda at the June 10, 2025 study session ~ (City Administrator) B. Resolution authorizing the City Administrator to submit an application to the Arkansas Community Assistance Grant Program through the Arkansas Economic Development Commission (City Administrator) ♦ C. Resolution authorizing the City Administrator and City Attorney to conclude litigation styled as Asentha Saul v. City of Fort Smith and approving settlement agreement (Human Resources) D. Resolution approving and authorizing the Mayor to execute an agreement to initiate with the U.S. Department of Agriculture Forest Service (Water Utilities) E. Resolution authorizing the Mayor to execute a project development agreement with AMERESCO, Incorporated to perform an investment grade audit on water meters, Project No. 25-03-ES1 ($125,000.00 / Budgeted / Water Utilities – 6505 Capital Improvement Fund) (Water Utilities) ♦ F. Resolution accepting the bid of and authorizing the Mayor to execute a contract with Goodwin and Goodwin, Incorporated for the Interstate 540 and Highway 255 Utility Relocation, Project 23-10-C1 ($370,325.75 / Budgeted / Water Utilities – 2018 Revenue Bonds) (Water Utilities) OFFICIALS FORUM - presentation of information requiring no official action • Mayor • Directors • City Administrator EXECUTIVE SESSION  Appointments: • Historic District Commission (1) • Port Authority (1) • Property Owners Appeal Board (1)  Interview candidate for Director of Internal Audit ~ Placed on agenda by concurrence of Directors Lee Kemp, Jarred Rego, Andre’ Good, and Neal Martin on July 16, 2025 ~ ADJOURN ♦ Future Fort Smith Item ● Consent Decree Item July 22, 2025 Regular Meeting 2  1 MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors CC: Andy Richards, Chief Financial Officer FROM: Jeff Dingman, Acting City Administrator DATE: July 16, 2025 SUBJECT: Resolution authorizing issuance of Sales and Use Tax Bonds SUMMARY At the May 13 special election, Fort Smith voters approved the issuance of up to $385 million in sales and use tax bonds to finance the cost of improvements to the city's sewer system, including Consent Decree-related capital projects while also approving the reallocation of local sales taxes to finance the bonds. Presented for the Board's consideration at the July 22 regular meeting is a resolution drafted by bond counsel (Friday, Eldredge & Clark) authorizing the offering of the first series of sales and use tax bonds up to $100 million to finance sewer improvements. Water Utilities has a number of projects from the adopted Consent Decree CIP that are on schedule to bid and be ready for contract award at approximately the same time that the bond funds are delivered. Also attached is the draft financing schedule for this series of bonds indicating a bond closing date of October 23, 2025 (the actual closing date is subject to change depending on market conditions in late October). PFM Financial Advisors, LLC, the city's financial advisor, conducted an RFP process for underwriting services for this bond series. Upon receipt of proposals and review with staff and bond counsel, PFM advised selecting Stephens, Inc. as the lead underwriter while also approving Crews & Associates, Inc. and Raymond James & Associates, Inc. to participate on the underwriting team. This is also reflected in the resolution. The next step in the process will begin immediately upon adoption of the resolution with distribution of a draft Preliminary Official Statement for staff and financial advisor review. We will submit it for bond rating and bring an authorizing ordinance to the Board of Directors to issue the bonds at the September 16 regular meeting in advance of the anticipated bond closing on October 23. Representatives from PFM and from Friday, Eldredge & Clark will be in attendance at the meeting to answer any questions from the Board regarding this process. This agenda item aligns with the goals of the Future Fort Smith comprehensive plan TI-5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Please contact me or Andy Richards if you have questions on this agenda item. Board of Directors Staff Report July 22, 2025 3  ATTACHMENTS 1. 7-22-25 Item ID 1986 Resolution.pdf 2. 7-22-25 Item ID 1986 SUT Bonds Series 2025 Financing Schedule 06182025 V2.pdf Board of Directors Staff Report July 22, 2025 4  1 RESOLUTION NO. ______ A RESOLUTION AUTHORIZING THE OFFERING OF SALES AND USE TAX BONDS TO FINANCE SEWER IMPROVEMENTS; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, at the special election held May 13, 2025 in the City of Fort Smith, Arkansas (the "City"), a majority of the electors voting on the question approved the issuance of bonds in the maximum aggregate principal amount of $385,000,000 (the "bonds") to finance costs of betterments and improvements to the City’s sewer system including particularly, without limitation, consent decree sewer improvements (the "Sewer Improvements"); and WHEREAS, at the same special election, a majority of the voters voting on the questions approved the pledge of 37.5% of collections received by the City of a 1% local sales and use tax within the City levied by the City under Ordinance No. 72-85 of the City adopted August 13, 1985, as amended (the "1985 Tax"), and the pledge of 83.3% of collections received by the City of a 0.75% local sales and use tax within the City levied by the City under Ordinance No. 20-22 of the City adopted February 22, 2022, as amended (the "2022 Tax") to the payment of the bonds (the "Pledged Tax Collections"); and WHEREAS, a majority of the voters voting on the questions also approved the levy of the 1985 Tax and the 2022 Tax until December 31, 2059; and WHEREAS, the Board of Directors of the City has determined that the City should issue the bonds in series and that the City should proceed with the issuance of the first series of bonds (the "Series 2025 Bonds") in order to provide approximately $100,000,000 of funding for the Sewer Improvements; and WHEREAS, the Series 2025 Bonds will be secured by a pledge of the Pledged Tax Collections and shall mature over an approximate period of 30 years; and WHEREAS, pursuant to A.C.A. §14-164-315, the City has determined to sell the Series 2025 Bonds on a negotiated basis to Stephens Inc. as senior book running manager and as representative of itself and Crews & Associates, Inc and Raymond James & Associates, Inc. (the "Underwriters"); NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas: Section 1. That the offering of the Series 2025 Bonds by the Underwriters as set forth herein is hereby authorized. Section 2. The officials of the City are authorized to cooperate with the Underwriters, PFM Financial Advisors LLC, as Municipal Advisor, and Friday, Eldredge & Clark, 5 LLP, as Bond Counsel, in the preparation of a preliminary official statement and bond ordinance and are further authorized to execute such writings and take such actions as may be appropriate to the offering of the Series 2025 Bonds. Section 3. As the issuance of the Series 2025 Bonds is, under Arkansas law, subject to the approval of the Board of Directors, by ordinance, any sale of the Series 2025 Bonds will be subject to the approval of the Board of Directors. This Resolution passed this ________ day of _________, 2025. APPROVED: ATTEST: By: ______________________________ Mayor ________________________________ City Clerk (SEAL) 2 6  CERTIFICATE The undersigned, City Clerk of the City of Fort Smith, Arkansas (the "City"), hereby certifies that the foregoing is a true and compared copy of a resolution passed at a regular session of the Board of Directors of the City, held at the regular meeting place of the Board at 6:00 o'clock p.m. on the ________ day of _________, 2025. _______________________________ City Clerk (SEAL) 3 7 8  2 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Joshua D. Robertson, Director of Citizen & City Services DATE: July 15, 2025 SUBJECT: Energy and Environment Innovation Comprehensive Action Plan SUMMARY As part of the Climate Pollution Reduction Grant (CPRG) Program, the City of Fort Smith entered into a Memorandum of Agreement (MOA) with the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) on September 2023. This MOA, ratified by the Board of Directors on November 19, 2024, established Fort Smith’s role in developing key deliverables required under the CPRG, including a Priority Action Plan, Comprehensive Action Plan (CAP), and subsequent status reports. The CAP is a region-specific planning document designed to identify actionable greenhouse gas reduction strategies, assess workforce and implementation barriers, and recommend project or program measures for federal and state funding alignment. It also supports the City’s long-term vision for energy efficiency, transportation choice, community enhancements and public-private innovation partnerships. Originally due February 28, 2025, the CAP deadline was extended to August 1, 2025, per DEQ's addendum dated October 24, 2024. This extension provided the City additional time to finalize project modeling, conduct public engagement, and integrate funding strategies to support implementation. The resolution is for the Board of Directors to approve the submittal of the provided plan draft. ATTACHMENTS 1. Resolution_-_EEI_CAP.pdf 2. EEI_CAP.pdf 3. CPRG MEMORANDUM OF AGREEMENT_City of Fort Smith_Final_Updated_signed.pdf 4. CPRG MOA Addendum Comprehensive Supplemental.pdf Board of Directors Staff Report July 22, 2025 9  RESOLUTION NO. ________ 2 A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE CITY OF FORT SMITH ENERGY & ENVIRONMENT INNOVATION COMPREHENSIVE ACTION PLAN TO THE ARKANSAS DEPARTMENT OF ENERGY & ENVIRONMENT IN ACCORDANCE WITH MEMORANDUM OF AGREEMENT #CPRG-CFS-002 WHEREAS, the City of Fort Smith entered into Memorandum of Agreement #CPRG- CFS-002 (MOA) with the Arkansas Department of Energy & Environment, Division of Environmental Quality (DEQ) in September 2023, for the purposes of participating in the U.S. Environmental Protection Agency’s Climate Pollution Reduction Grant (CPRG) Program; and WHEREAS, the Board of Directors approved the City’s participation in the CPRG Program and MOA on November 19, 2024; and WHEREAS, the MOA requires the City to develop and submit a Comprehensive Action Plan (CAP) identifying region-specific greenhouse gas (GHG) reduction strategies, workforce needs, implementation barriers, and funding opportunities; and WHEREAS, DEQ approved an amended CAP deadline of August 1, 2025, as reflected in the addendum dated October 24, 2024; and WHEREAS, City staff have conducted planning, stakeholder outreach, and technical analysis to prepare the Fort Smith Energy & Environment Innovation Comprehensive Action Plan in accordance with MOA requirements and CPRG guidance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The City Administrator, or his designee, is hereby authorized to submit the Fort Smith Energy & Environment Innovation Comprehensive Action Plan to the Arkansas Department of Energy & Environment, Division of Environmental Quality, in accordance with MOA #CPRG-CFS-002 and the amended deadline of August 1, 2025. THIS RESOLUTION ADOPTED THIS ____ DAY OF ____________, 2025. APPROVED: ___________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: ___________________________npr 10 Energy & Environment Innovation Comprehensive Action Plan (CAP) July 2025 11 TABLE OF CONTENTS 1. Objective ............................................................................................................................. 3 2. Background & Introduction ............................................................................................... 5 3. Stakeholder and Public Engagement ................................................................................ 6 4. Overview of Greenhouse Gas Emissions in the city of Fort Smith MSA ........................ 7 5. Greenhouse Gas Reduction Measures ............................................................................. 9 5.1 Electric Power Sector................................................................................................... 9 5.2 Transportation Efficiency Sector ................................................................................ 11 5.3 Buildings Sector ......................................................................................................... 13 5.4 Waste Management & Recycling Sector .................................................................... 16 5.5 Carbon Removal Sector............................................................................................. 18 5.6 Industrial .................................................................................................................... 21 6. Education & Workforce .................................................................................................... 23 7. Co-Benefits For Fort Smith .............................................................................................. 24 8. Authority To Implement ................................................................................................... 25 9. References ........................................................................................................................ 25 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |2 12 1. OBJECTIVE The City of Fort Smith, Arkansas, is confronting a range of interconnected environmental and infrastructure challenges that directly affect the city’s health, economy, and quality of life. Aging water and sewer systems, recurring flooding, stormwater infrastructure challenges, hazardous waste concerns, and neighborhood blight all require a coordinated, city-specific response. These issues are further complicated by limited municipal funding, which constrains the city’s ability to maintain existing infrastructure and invest in long- term solutions for Transportation and Mobility, Stormwater and Flood Resilience, Waste Management and a Circular Economy and Outdoor Recreation and Natural Resources Protection. Without a comprehensive, city-focused strategy, the City of Fort Smith risks continued environmental degradation, economic stagnation, and disparities in opportunity. The Fort Smith Energy and Environment Innovation Comprehensive Action Plan (CAP) provides a voluntary, locally tailored framework to guide the city’s transition toward a more economically viable and resilient future. This CAP serves as a forward-thinking road map for energy and environmental leadership in the region. Through careful analysis and prioritization, it provides a clear path forward for all residents of the City of Fort Smith and the surrounding area. This plan outlines optional strategies that reflect the City of Fort Smith’s unique challenges and opportunities. It aims to achieve the following: • Create high-quality, future-ready jobs • Stimulate economic growth • Improve public health and environmental quality • Enhance the City of Fort Smith’s competitiveness for state and federal funding By aligning local efforts and leveraging community strengths, the CAP empowers the City of Fort Smith to lead in ecological resilience, environmental stewardship, and community-driven development – on its own terms. The Fort Smith Energy and Environment Innovation (EEI) Comprehensive Action Plan (CAP) outlines strategic action measures across key sectors to drive greenhouse gas (GHG) emissions reductions and foster economic growth in the Fort Smith region. Successful implementation of this plan will depend on the collective commitment of government entities, businesses, community organizations, and individuals. By prioritizing community engagement and cross-sector collaboration, the CAP promotes a unified and holistic approach to reducing GHG emissions. Ongoing monitoring and adaptive management will assure the plan remains responsive to changing conditions and continues to deliver meaningful outcomes. RECOMMENDATIONS To assure successful, fiscally responsible implementation of the strategies outlined in this plan, the following recommendations are proposed: Transportation and Mobility The City of Fort Smith’s current reliance on single-occupancy vehicles contributes to congestion, air pollution, and greenhouse gas (GHG) emissions, while limiting mobility for residents who do not have access to a vehicle. To address these challenges and support economic growth without overburdening city resources, the CAP recommends the following: • Incremental investments in multimodal infrastructure (e.g., sidewalks, bike lanes, transit shelters) to improve access, reduce emissions, and support local businesses. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |3 13 • Pilot programs and public-private partnerships to test low-cost, scalable mobility solutions. • Pursuit of state and federal transportation grants to fund improvements without drawing from the city’s general fund. Stormwater and Flood Resilience Urban development has increased impervious surfaces, leading to more frequent and severe flooding that threatens public safety and infrastructure. To reduce long-term costs and improve resilience, the CAP recommends the following: • Green infrastructure solutions (e.g., rain gardens, bioswales, permeable pavements) that are cost effective, low maintenance, and provide multiple environmental benefits. • Stormwater reuse systems to reduce demand on potable water infrastructure and improve water efficiency. • Asset management tools to prioritize upgrades based on risk, life cycle costs, and vulnerability to extreme weather. Waste Management and Circular Economy With landfill capacity nearing its limit and low diversion rates, the City of Fort Smith must modernize its waste system. The CAP proposes the following: • Community-led waste reduction initiatives that minimize city expenditures while increasing public engagement. • Public-private partnerships to expand recycling, composting, and organic waste diversion infrastructure. • Grant funding and technical assistance to pilot circular economy programs that create local jobs and reduce resource consumption. Outdoor Recreation and Natural Resources Protection Fort Smith’s natural areas are vital for recreation, tourism, and ecological resilience but face pressure from development and overuse. To protect these assets while minimizing maintenance costs, the CAP supports the following: • Conservation easements and land trusts to preserve open space without requiring city ownership. • Volunteer stewardship programs to maintain trails and green spaces. • Low-impact design standards for new development near natural areas to reduce environmental degradation. Other Strategic Actions To assure the CAP’s success and maximize community benefits, the following strategic actions are recommended: • Encourage regional collaboration to align efforts across jurisdictions, share resources, and amplify impact through partnerships and stakeholder engagement. • Prioritize positive social impact by assuring all communities benefit from initiatives undertaken. • Embrace adaptive management by monitoring progress, evaluating effectiveness, and adjusting strategies to respond to emerging challenges and opportunities. • Implement and monitor key projects by identifying priority actions, establishing tracking systems, and evaluating outcomes to assure transparency and accountability. • Update the GHG emissions inventory regularly to track progress and inform future planning. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |4 14 • Conduct a carbon sequestration inventory to quantify the annual carbon capture potential of natural areas and integrate nature-based solutions into emissions reduction strategies. • Conduct a carbon storage study to establish a baseline for carbon stored in Fort Smith’s natural areas and monitor changes as a result of land use, supporting long-term emission reduction goals. 2. BACKGROUND & INTRODUCTION This Energy and Environment Innovation (EEI) Comprehensive Action Plan (CAP) was collaboratively crafted by the Fort Smith city administration, with instrumental support from the Western Arkansas Planning & Development District (WAPDD). Valuable input from citizens, local business owners, and non-profit organizations further enriched the planning process. In September 2023, the City of Fort Smith formalized a Memorandum of Agreement (MOA) with the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ), for regional Climate Pollution Reduction Grant (CPRG) planning. The designated Fort Smith Metropolitan Statistical Area (MSA) encompasses five counties, including three in Arkansas and two in Oklahoma, with the City of Fort Smith anchoring this vital region. Boasting a population exceeding 300,000 citizens, this area includes key cities like Van Buren, Ozark, Poteau, and Sallisaw, which are all strategically positioned under the umbrella of the City of Fort Smith in the western part of Arkansas. Since then, the U.S. Bureau of Labor Statistics (BLS) has removed LeFlore County in Oklahoma from the MSA, which technically reduces the region's workforce size by almost 17%. Worker commutes, as measured by the U.S. Census Bureau in the 2020 census, resulted in the change. GROWTH The City of Fort Smith has garnered prestigious recognition as the location chosen by the Department of the U.S. Air Force for the Foreign Military Sales Pilot Training Center at Ebbing Air National Guard Base, marking a significant milestone in the city's trajectory. The establishment of this center solidifies Fort Smith's role as an international hub for aviation excellence, with Singapore maintaining a permanent mission for F- 16 and F-35 training at the base. Notably, Poland, Finland, and Switzerland will also partake in F-35 training at Ebbing Air National Guard Base, establishing the City of Fort Smith as a global center for military aviation instruction. This strategic initiative is not merely a short-term undertaking; it represents a generational project with far- reaching implications for the City of Fort Smith's growth and prosperity. The anticipated influx of up to 1,500 military staff members and their families from diverse countries is poised to create a vibrant and diverse community within the City of Fort Smith. This population growth is not only a testament to the city's appeal, but also an opportunity for cultural exchange and community enrichment. Economically, this initiative is a game-changer, injecting close to $1 billion in economic activity into the City of Fort Smith and the broader River Valley region. The positive ripple effects are multifaceted, encompassing increased job opportunities, a stimulated local economy, and heightened community vibrancy. The City of Fort Smith's designation as a hub for international military training not only underscores its strategic significance, but also positions the city for sustained economic and demographic growth. In essence, this undertaking is not just about aviation training; it symbolizes the City of Fort Smith's ascent as a global player with enduring positive impacts on its population, economy, and community fabric. Along with the extension of Interstate 49, the Fort Smith MSA is on course to grow substantially in the coming years; therefore, sustainable solutions and resiliency priorities have increased. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |5 15 3. STAKEHOLDER AND PUBLIC ENGAGEMENT As part of this process the City of Fort Smith fostered community involvement by hosting two public meetings dedicated to engaging citizens in discussions about priorities for new measures. Recognizing the importance of community input, these public forums served as a platform for open dialogue, allowing residents to share their perspectives, insights, and suggestions on the crucial topics of energy and environmental quality. The public meetings were held at Creekmore Community Center from 5:00pm-7:00pm on May 21st and May 28th, 2025. Joshua Robertson, Director of Citizen & City Services presented an overview of the CPRG grant process, what has been completed to date as part of the process and what will be completed in the next phase of the process. Some recommendations for potential measures were presented. Following the initial public meeting, a public survey was released on the City of Fort Smith’s website. 363 citizens participated and provided feedback in the online survey. An overview of the survey results were presented to the Board of Directors at the Study Session held on June 10th, 2025 and a summary of those results are described below. SURVEY RESULTS Key Support Energy: • Work to lower energy usage of public buildings for new construction and retrofits Land, Resource & Transportation: • Support curbside recycling program. • Use local plants in public spaces. • Invest in parks that reduce flooding. • Use technology to improve traffic flow. • Plant more trees and preserve natural areas. Workforce Development: • Share data about performance and resources for energy usage, tree planting and recycling Key Opposition • Invest in addressing old infrastructure, for example water/sewer/sidewalks • Overwhelming concern about unresolved sewer, drainage, flooding, and water leaks. Many feel these must be addressed before “green” initiatives • Be good stewards of City resources/tax dollars • Advocacy for more help for unhoused individuals and revitalization of dilapidated areas • Public support for energy education programs and job opportunities for youth • Requests for tree planting and shade infrastructure to mitigate heat 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |6 16 4. OVERVIEW OF GREENHOUSE GAS EMISSIONS IN THE CITY OF FORT SMITH MSA Greenhouse gas (GHG) emissions include carbon dioxide (CO2), nitrous oxide (NO2), methane (CH4), and fluorinated gases (F-gases). GHG emissions data is often collected and reported at various administrative levels, including national, regional, and sometimes state or local levels. The Fort Smith MSA includes Crawford, Franklin, and Sebastian counties in Arkansas and Sequoyah County in Oklahoma. GHG emissions vary across these counties as a result of differences in industrial activity, energy production, transportation infrastructure, and population density. For example, Sebastian County, which includes the City of Fort Smith, typically reports higher emissions because of its concentration of industrial facilities and urban infrastructure. In contrast, Franklin (Arkansas) and Sequoyah (Oklahoma) counties, which are more rural, tend to have lower emissions profiles. Crawford County, Arkansas, exhibits a unique emissions profile that falls between the higher levels observed in Sebastian County and the lower levels seen in Franklin and Sequoyah counties. This pattern Figure 1: Percentage of Greenhouse Gas Emissions in Fort Smith reflects Crawford’s distinctive blend MSA of industrial operations and agricultural land use. Though there are inevitable uncertainties as a result of the estimation process, this regional inventory has been reinforced and compared with data from multiple reliable sources. The GHG emissions inventory for the Fort Smith MSA approximated a total of 5,570,273 metric tons of carbon dioxide equivalent (CO2e) for the year 2020. CO₂e is a standardized unit used to compare the emissions of various GHGs based on their global warming potential (GWP). The statistic expresses the impact of each gas in terms of the amount of CO₂ that would have the same warming effect over a specific time period, typically 100 years (USEPA 2025). While some datasets provided emissions data directly in CO2e terms, other datasets needed to be converted to reflect their GWP based on the latest guidelines from the Intergovernmental Panel on Climate Change (IPCC; 2021) Sixth Assessment Report. This method of data gathering allows for a single, comparable metric across different types of emissions. This total amount was broken up into the following sectors: electric power, transportation, agriculture, industry, residential, and commercial. The percentages of emissions by sector are shown in Figure 1. The electric power, transportation, and agriculture sectors are the largest sources of GHG emissions in the 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |7 17 MSA, accounting for approximately 83 percent, or 4,625,017 metric tons of the region’s total GHG emissions. DATA SOURCES AND METHODOLOGY Data sources used for the Fort Smith MSA GHG inventory include the Environmental Protection Agency (EPA) National Emissions Inventory (NEI), the EPA Emissions and Generation Resource Integrated Database (eGRID) Data Explorer, the U.S. Department of Energy (DOE) National Renewable Energy Laboratory (NREL) State and Local Planning for Energy (SLOPE) Platform, and the U.S. Geological Survey (USGS) National Land Cover Database (NLCD). Approximations were also based on the comparisons of Arkansas’ and Oklahoma’s statewide data from the EPA’s GHG Inventory Data Explorer. GHG emissions datasets from the years 1990 through 2022 were used in data collection, but the year 2020 was prioritized. The data from 2020 stands out as the most recent, readily available, and relevant among recent years, which is why it was chosen to represent the Fort Smith MSA GHG inventory baseline year. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |8 18 5. GREENHOUSE GAS REDUCTION MEASURES Reducing emissions from municipal operations is essential for the City of Fort Smith to meet its commitments under state and federal GHG reduction targets. Though some emissions will be difficult to eliminate in the near term, the city is advancing proactive strategies that lay the groundwork for meaningful, long-term outcomes. These efforts are designed to identify existing projects and position the City of Fort Smith for future grant-funded opportunities. This plan presents a comprehensive suite of GHG reduction and sequestration strategies, customized by sector. Emissions in the City of Fort Smith stem from a variety of sources – municipal energy use, transportation, waste management, and land use – and this initiative prioritizes a multipronged, sector- specific approach to address these areas with precision and purpose. By tailoring interventions to the unique conditions of each sector, the City of Fort Smith can maximize emissions reductions, enhance operational efficiency, and improve environmental quality. This strategy assures a holistic approach that aligns with the region’s 2050 GHG emission goals while advancing technological innovation, economic opportunity, and local resilience. 5.1 Electric Power Sector In 2020, the electric power sector in the Fort Smith MSA was responsible for approximately 31 percent (1,739,377 metric tons) of the region’s GHG emissions, primarily from electricity production used by other end-use sectors. Reducing GHG emissions in the electric power sector could be achieved through implementation of the following measure: Measure 1: Develop and implement energy efficiency and innovation programs that reduce GHG emissions associated with energy generation and usage in the City of Fort Smith. Examples of projects that would support this measure could include, but are not limited to the following: • Priority Measure - Developing programs that remediate brownfields for conversion into infrastructure that supports renewable energy and/or that provides workforce development for renewable energy installers or maintenance professionals. • Continuing to expand constructing/installing renewable energy and energy storage systems to reduce the cost of power for city operations. • Developing programs that support repairs and improvements to Clyde T. Ellis Hydroelectric Generating Station that improve energy generation and efficiency. • Supporting and incentivizing the development of renewable energy generation and storage, with priority given to low income/disadvantaged communities. • Supporting programs that provide smart-grid and/or behind-the-meter technologies. • Identifying opportunities to reduce capacity demand for water treatment facilities by reducing stormwater infiltration and potable water demand. Progress in this electric power sector could be monitored with updated GHG emissions data or energy use data from local utilities. MEASURE RATIONALE Because approximately 31 percent of regional GHG emissions originate from the electric power sector, this area represents a critical opportunity for improving environmental quality. A regionally coordinated program 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | Page |9 19 focused on energy efficiency and innovation could drive substantial progress in reducing emissions. In the City of Fort Smith, where the energy portfolio remains heavily reliant on fossil fuels, leadership from the public sector – combined with innovative public-private partnerships – can play a pivotal role in driving emissions reductions. POTENTIAL FOR GHG EMISSIONS REDUCTION Despite regulatory challenges, distributed power generation offers a strong opportunity to cut regional greenhouse gas (GHG) emissions. If just one-third of current energy consumption were replaced with zero- carbon sources, the region could achieve a 10 percent reduction in total GHG emissions – an ambitious but attainable target contingent on available funding for program implementation. Targeting large energy users like treatment plants and large municipal facilities and installing behind the meter solutions is one strategy that could be very impactful. Beyond GHG reduction, these projects yield cobenefits by reducing emissions of criteria air pollutants and hazardous air pollutants, with downstream improvements in air quality and public health. Other cobenefits include reduced expenses associated with increases in energy costs. Hydropower provides low-cost electricity and durability over time compared to other sources of energy. The Lee Creek water treatment plant is equipped with a hydro generator that can produce up to 1500 kilowatts (kW) of electricity. Repairs and expansion costs have increased, and funding can be difficult for the municipality to allocate for operation. Hydropower provides cobenefits beyond electricity generation by providing flood control, irrigation support, and clean drinking water. Opportunities for energy reduction at the Port of Fort Smith could be evaluated for potential impacts including energy or GHG reduction from existing or future buildings and equipment. ANTICIPATED WORKFORCE NEEDS The renewable energy sector requires a highly skilled and diverse workforce to design, construct, and operate advanced energy systems. Expertise in engineering, project management, environmental science, and technical trades is essential. Organizations responsible for implementing these programs will need strong internal capacity in procurement, project oversight, and performance monitoring. Skilled labor will be critical in the field for tasks such as system installation, commissioning, and long-term support. Implementing this measure is expected to increase demand for qualified workers, highlighting the need for targeted workforce development and training initiatives. This growth presents a major economic opportunity for the City of Fort Smith and the surrounding region. To fully realize these benefits, future funding proposals should prioritize partnerships with local and regional higher-education institutions to expand on-the-job training and apprenticeship programs. COMMUNITY BENEFITS Reducing GHG emissions from the electric power sector in any of the strategies above offers the City of Fort Smith a powerful opportunity to improve public health, lower municipal and household energy costs, and drive regional economic growth. Lowering emissions from power generation typically results in: • Reduced harmful copollutants that are linked to respiratory and cardiovascular illnesses. This situation can lead to measurable improvements in public health, particularly in neighborhoods located near fossil fuel-based power plants or industrial zones. • Significantly reduced utility expenses for municipal buildings. These long-term savings allow the city to reinvest in essential services and infrastructure, improving overall fiscal resilience. • Stabilized energy costs. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 10 20  • Lower utility bills for residents, reduce energy burdens, and improve energy access. These systems also enhance grid reliability and reduce exposure to fuel price volatility, which benefits both households and businesses. • Optimized energy use and reduced peak demand. These innovations lower operational costs for utilities and consumers while improving grid stability and resilience during extreme weather events. 5.2 Transportation Efficiency Sector The transportation sector in the Fort Smith MSA was responsible for approximately 31 percent (1,700,837 metric tons) of the region’s GHG emissions in 2020, primarily from burning fossil fuels for cars, trucks, and trains. More than 94 percent of the fuel used globally for transportation is petroleum based (IPCC 2022). Reducing GHG emissions in the transportation sector could be achieved through implementation of the following measure: Measure 2 - Develop and implement transportation efficiency and innovation programs that reduce GHG emissions associated with internal combustion engine vehicles in the City of Fort Smith. Examples of projects that would support this measure could include, but are not limited to the following: • Priority Measure: Implementing and expanding smart intersections that use sensors, cameras, and algorithms to intelligently manage traffic flow based on real-time conditions to reduce congestion, improve safety, and enhance the overall efficiency of urban transportation. • Priority Measure: Developing programs that remediate brownfields for conversion into facilities that support active transportation and/or provide workforce development for installing, maintaining, repairing, and operating equipment that supports transportation efficiency and innovation programs that reduce GHG emissions in the City of Fort Smith. • Expanding public transit to serve the Fort Smith MSA with increased hours of service and service area. • Upgrading city vehicle fleets by replacing internal combustion engine vehicles with low-/no-emission vehicles. • Expanding supporting infrastructure for alternative fuel vehicles, including bus fleets. • Expanding infrastructure that supports active transportation such as trails, sidewalks, bicycle facilities, and transit stops, with priority given to low income/disadvantaged communities. • Developing low-/no-emission ridesharing and e-bike programs, with priority given to low income/disadvantaged communities. • Updating/adopting building and zoning codes and policies/long-range plans to encourage walkable, bikeable, and transit-oriented development in the City of Fort Smith. Progress in this sector could be monitored with updated GHG emissions data and by analyzing metrics such as reductions in automobile vehicle miles traveled (VMT) and increases in low-emission transit usage and active transportation facility usage recorded through regional bicycle and pedestrian traffic counters. The cost of implementing these measures varies by initiative. MEASURE RATIONALE The City of Fort Smith’s transportation system remains heavily reliant on single-occupancy vehicles, contributing to congestion, air pollution, and greenhouse gas emissions. This car-centric model also limits access to jobs, education, and healthcare for residents without private vehicles. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 11 21 To address these challenges, the city is investing in multimodal options that improve transportation choice for residents and promote low-emission travel. Recent efforts include expanding sidewalks, bike lanes, and transit amenities. To further improve transportation choice, the city should prioritize: • Expanding low- and zero-emission e-bike and ride share programs • Transitioning municipal fleets to alternate fuel vehicles • Supporting EV charging infrastructure where it supports Fort Smith businesses • Investing in alternate fuel transit and public charging stations These initiatives are complemented by ongoing improvements to sidewalk connectivity, bike infrastructure, and transit stop placement—especially in neighborhoods with limited access to transportation. The city’s growing active transportation network also provides car-free corridors that support recreation, reduce emissions, and protect natural habitats. POTENTIAL FOR GHG EMISSIONS REDUCTION Reducing car dependency and expanding access to alternative transportation are key strategies for cutting transportation-related emissions. National data shows that 5–25% of bikeshare trips replace car trips. In Fort Smith, the Ride 4 Smilies bikeshare program has enrolled over 1,300 users since 2022, logging 8,100+ miles. A user survey found that 36% of trips replaced car travel, reducing an estimated 1,761 vehicle miles annually—especially impactful in underserved communities. Alternate fuel buses offer another emissions-reduction opportunity, producing no tailpipe emissions and significantly lower life-cycle emissions than gas-powered vehicles. Public transit emits, on average, 0.32 fewer pounds of CO₂ per passenger mile than private vehicles. As the City of Fort Smith expands and enhances its transit system, the entire region—including tribal communities—will benefit from cleaner, more sustainable mobility. Smart Intersections also help reduce emissions by optimizing signal timing and cutting vehicle idling, which contributes up to 30 million tons of CO₂ annually nationwide. These upgrades are a cost-effective way to improve traffic flow and reduce GHGs. Investments in bike lanes, trail networks, and first-/last-mile transit access are essential to reducing car use. When paired with programs like Ride 4 Smilies, these improvements offer feasible, low-emission mobility options for all residents. Land use is also important. Compact, mixed-use development reduces VMT by clustering homes, jobs, and services. A 10% reduction in commute distance could cut regional transportation emissions by 5%. Walkable neighborhoods also ease congestion, support transit, and improve resilience through features like landscaped corridors and permeable surfaces. ANTICIPATED WORKFORCE NEEDS The need to reduce GHG emissions in the transportation sector is well established, and a growing number of frameworks now guide adaptation strategies. However, as a relatively new and evolving field, the educational and career pathways required to support GHG reduction efforts remain underdeveloped. Encouragingly, demand for this expertise is rising rapidly among state departments of transportation and MPOs, and new training opportunities are emerging through higher education institutions and professional associations. Implementing low-emission transportation infrastructure will require strong technical capacity. If the City of Fort Smith pursues grants for relevant projects, the city must be prepared to expand its engineering, design, and operations teams to both deliver and sustain new programs over time. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 12 22 Deploying active transportation infrastructure, such as bikeways, greenways, and transit-access projects, will require a workforce skilled in urban planning, civil engineering, and design. Personnel with expertise in project management and federal grant administration will be essential. Field service workers will also be critical. Workforce development tailored to the active transportation sector can foster specialized career pipelines and provide new opportunities for employment in the City of Fort Smith. The University of Arkansas – Fort Smith offers a range of courses through its Workforce Development Programs. The university’s Center for Workforce Development provides industry-driven training programs designed for professionals, businesses, and entrepreneurs and demonstrates the potential of skills-based education to meet evolving workforce needs. COMMUNITY BENEFITS Investing in clean, efficient, and sensible transportation systems across the Fort Smith MSA offers substantial economic, social, and environmental returns. Expanding public transit to operate with longer service hours will reduce traffic congestion, lower household transportation costs, and improve access to services. These improvements also reduce VMT, which eases wear on infrastructure and reduces long-term cost-savings for the city. In addition, replacing city combustion fleet vehicles with low- or zero-emission alternatives will reduce fuel and maintenance expenses. Investments in active transportation infrastructure enhance safety and promote healthier lifestyles. These projects also stimulate local economies by increasing foot traffic to businesses and raising property values. Smart intersections can reduce congestion, improve safety, and lower emissions from idling vehicles. These systems also improve emergency response times and reduce the need for costly road expansions, which offer both operational and financial benefits to the city. Brownfield remediation supports workforce opportunities on underutilized land into active transportation infrastructure, EV charging hubs or workforce development centers for e-bike or smart infrastructure maintenance training programs. These opportunities could revitalize neighborhoods, reduce environmental hazards, and attract private investment all while repurposing underutilized properties. 5.3 Buildings Sector The buildings sector in the Fort Smith MSA was responsible for approximately 8 percent (424,190 metric tons) of the region’s GHG emissions in 2020. GHG emissions in the building sector are primarily generated from fossil fuels burned for heat, gases used for refrigeration and cooling in buildings, and nonbuilding- specific emissions such as the handling of waste. Reducing GHG emissions in the building sector could be achieved through implementation of the following measure: Measure 3 – Develop, implement, and support building energy efficiency and innovation programs that reduce GHG emissions associated with residential, commercial, and municipal buildings in the City of Fort Smith. The City of Fort Smith has a number of projects that are in the development phase to address this measure. Existing projects supporting this measure are: • Advancing Energy Master Plan to cut energy use and costs – prioritizing high-consumption facilities like water and wastewater treatment plants, the convention center, and Parrot Island Water Park. • In partnership with Oklahoma Gas & Electric (OG&E) and CLEAResult, the city is implementing the SAGE (Schools and Government Efficiency) program, which provides technical support and financial 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 13 23  incentives for energy upgrades. While SAGE identifies cost-effective retrofits and supports energy- efficient new construction, funding remains limited relative to demand. • Installing solar infrastructure for municipal and low-income financial benefits and GHG reductions. Examples of projects that would additionally support this measure could include, but are not limited to the following: • Priority Measure: Providing educational resources for residents about opportunities to utilize Commercial Property Assessed Clean Energy (C-PACE). C-PACE financing mechanism that allows commercial property owners to finance various improvements focused on sustainability and efficiency. • Priority Measure: Developing programs that remediate brownfields for to support workforce development related to building energy efficiency and innovation programs that reduce GHG emissions associated with residential, commercial, municipal buildings or agricultural facilities. • Upgrading municipal facilities to improve energy efficiency in lighting and heating and cooling equipment. • Provide guidance to the community based on existing grants and programs for agricultural facilities' energy reduction strategies. • Performing a municipal facility refrigeration audit identifying and repairing existing leaks to improve refrigeration system performance. • Adopting and implementing up-to-date building energy codes. • Developing voluntary programs that promote low- and zero‐emission options and vehicle charging, with a focus on buildings in communities of need, multifamily residential buildings, and commercial buildings. Progress in the building sector could be monitored with updated GHG emissions data or energy use data from local utilities. MEASURE RATIONALE Reducing emissions from buildings offers multiple benefits: improved energy efficiency, lower operating costs, and greater resilience to extreme weather and grid disruptions. This City is making positive advancement through the Energy Master Plan and other areas as mentioned to support the municipal and community energy savings. These efforts not only reduce emissions and improve air quality, but also lower energy costs, create jobs, and expand access to clean energy—strengthening Fort Smith’s resilience to environmental and economic challenges. POTENTIAL FOR GHG EMISSIONS REDUCTION Residential buildings in the City of Fort Smith were responsible for approximately 216,137 metric tons of GHG emissions in 2020, or 4 percent of the total GHG emissions. Commercial buildings in the City of Fort Smith were responsible for approximately 208,053 metric tons of GHG emissions in 2020, or 4 percent of the region’s GHG emissions. A municipality that undertakes solar energy and net zero building initiatives is taking a major step towards reducing GHG emissions and advancing environmental quality. Incorporating solar power into municipal infrastructure decreases dependence on fossil fuels, directly lowering emissions tied to conventional energy sources. Developing buildings that are designed for high energy efficiency and minimal environmental impact helps reduce both energy use and waste. According to the International Energy Agency (IEA; 2023), implementing energy efficiency measures and electrification could cut building-related emissions by 20 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 14 24 percent, potentially leading to a 5 percent overall reduction in regional GHG emissions. However, the extent of these reductions will depend heavily on the level of funding available to support these efforts. Beyond reducing GHG emissions in the building sector, these actions also lower emissions of other harmful air pollutants. This includes reductions in criteria pollutants and hazardous air pollutants, such as ozone and fine particulate matter PM2.5, which can lead to improved public health outcomes. ANTICIPATED WORKFORCE NEEDS To successfully implement Fort Smith’s Solar and Net zero Buildings initiative, specialized consulting and planning services will be essential. Because of the initiative’s broad and complex scope, cross-sector expertise will be required. Strong partnerships with industry organizations and technical experts will help guide the development of innovative workforce strategies ranging from apprenticeships and mentorships to curriculum development and training materials, assuring alignment with current and future labor market needs. This initiative is expected to generate a strong pipeline of green energy jobs and expand educational opportunities across the region. Local institutions, including K–12 schools, the University of Arkansas – Fort Smith, and other regional partners will play a key role. The DOE’s Solar Energy Technologies Office (SETO) supports this mission by funding a wide array of solar workforce development programs, such as the following: • Online and in-person training • Internships and apprenticeships • Collegiate design competitions • Industry-recognized certification programs • Career support services, including mentorship, counseling, and job readiness training These resources will be leveraged to build workforce capacity and deliver long-term benefits aligned with the city’s net zero buildings goals. As demand for skilled labor grows, workforce development will become a cornerstone of the initiative. The city and state should collaborate to assess and update existing career and technical education (CTE) programs, particularly in HVAC, plumbing, electrical, and construction technology, to reflect modern building science and resiliency practices. Institutions should be encouraged to integrate industry-recognized credentials focused on energy-efficient materials, methods, and technologies. This forward-looking approach will strengthen the regional economy, expand access to quality jobs, and assure the City of Fort Smith has the skilled workforce needed to meet its clean energy objectives. COMMUNITY BENEFITS The proposed energy efficiency measures offer broad community benefits for the City of Fort Smith. Upgrading municipal buildings for energy efficiency reduces utility costs, allowing the city to redirect savings toward essential public services. Installing solar awnings and canopies in city parks and parking lots not only generates clean electricity to offset municipal energy use but also provides shaded areas that improve public comfort during extreme heat events. These installations help mitigate the urban heat island effect. Similarly, modernizing building energy codes assures that new and renovated buildings are safer, healthier, and more energy efficient. This reduces long-term energy costs for residents and businesses. Finally, the remediation of brownfields for conversion into workforce development and innovation hubs will revitalize underutilized land, improve public health, and attract private 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 15 25 investment. These facilities will provide training and career pathways in energy efficiency and clean technology, particularly for residents of disadvantaged communities, assuring that the transition to a low- carbon economy is community-driven. 5.4 Waste Management & Recycling Sector Over the past 10-20 years, the city has prioritized waste management as a crucial strategy for environmental protection. Waste management plays a vital role in reducing pollution, preserving resources, and safeguarding ecosystems. Reducing GHG emissions in the waste management and recycling sector could be achieved through the implementation of the following measure: Measure 4 - Develop and implement a waste minimization and management program that reduces GHG emissions originating from landfills. The City of Fort Smith has a number of projects that are in the development phase to address this measure. Existing projects supporting this measure are: • Developing a city-owned and operated Materials Recovery Facility (MRF). • Expanding city recycling and composting programs. • Clean Energy Fuels has proposed a 5-year agreement to supply the City with renewable natural gas sourced from landfills and dairy farms. The switch would reduce emissions, require no infrastructure changes, and could significantly lower fuel costs through shared revenue from EPA renewable fuel credits. • The city currently captures landfill gas (LFG)—a 50/50 mix of methane (CH₄) and carbon dioxide (CO₂)—and converts it into compressed natural gas (CNG) through a partnership with third-party contractor Morrow Renewables/Enbridge. Purified methane is injected into pipelines, while excess gas is flared. This system offsets fossil fuel use, reduces GHG emissions, and generates approximately $1 million annually to support operations and equipment. • Exploring the development of a Bioenergy with Carbon Capture and Storage (BECCS) facility. This advanced technology converts organic waste into renewable energy while capturing and storing CO₂. A BECCS facility could process agricultural residues, biosolids, and urban biomass into biochar, biofuels, and electricity. Captured carbon could be sequestered underground or used in soil-enhancing materials, supporting both emission reduction goals and soil health (Carbon Chicken LLC 2024a). Examples of projects that could support this measure and expand the City’s existing efforts could include, but are not limited to the following: • Priority Measure: Developing programs that remediate brownfields for conversion into material recovery facilities and/or facilities that provide workforce development to support waste minimization and management programs that reduce GHG emissions. • Identifying innovative waste recovery industries not available in the region or state and developing a recovery facility for those materials potentially as part of the MRF. • Constructing an anaerobic digester facility at the wastewater treatment facility to divert organic waste currently being landfilled and/or land applied into compost or other agricultural products. • Developing programs to support the construction or expansion of a biomass gasification facility or biochar pyrolysis facility to divert organic waste currently being landfilled and/or land applied into compost and other agricultural products. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 16 26 Progress in this sector could be monitored with updated GHG emissions data or data from local recycling centers and solid waste districts. The cost of implementing these measures varies by initiative. MEASURE RATIONALE The City of Fort Smith’s Department of Solid Waste Services manages a regional landfill that processes approximately 240,000 tons of debris annually from multiple counties in Arkansas and Oklahoma. In addition to landfill operations, the city offers a comprehensive recycling program, including curbside collection and drop-off sites for electronic waste and white goods. The proposed MRF would improve sorting and recycling - particularly of plastics - reducing landfill volume and emissions from virgin material production. It is also expected to stimulate job creation and economic development across the metropolitan area. The City should identify additional opportunities for recycling services potentially partnering with manufacturers to provide construction waste recycling opportunities currently not readily in the state/region. Biochar, a byproduct of BECCS, offers multiple environmental applications that could align with broader goals to modernize post-consumer materials management, expand recycling data systems, and improve local and state recycling infrastructure. Although few federal programs are specifically tailored to waste-to-value systems, the EPA’s Solid Waste Infrastructure for Recycling Grant Program offers a promising funding opportunity. This initiative supports the development and modernization of post-consumer materials management plans, the expansion of recycling data systems, and planning for improvements to state and local recycling infrastructure. POTENTIAL FOR GHG EMISSIONS REDUCTION Municipal solid waste (MSW) remains a major environmental challenge due to its high organic content, which generates methane (CH₄) during decomposition. To address this, the City of Fort Smith is implementing a dual strategy: developing a municipally operated materials recovery facility (MRF) and launching a citywide composting program. These efforts aim to divert organic waste from landfills, significantly reducing CH₄ emissions while improving recycling efficiency and reducing emissions from raw material extraction and processing. This integrated approach reflects Fort Smith’s commitment to circular economy principles and a low- emissions waste system. The region’s ongoing construction and demolition activity also generates a steady supply of biomass suitable for conversion into biochar. Biochar supports soil health, carbon capture, and material reuse. Diverting food and organic waste to composting, anaerobic digestion, or BECCS (Bioenergy with Carbon Capture and Storage) facilities can further reduce methane emissions. Research shows that applying locally produced biochar to croplands and pastures in the Fort Smith area could sequester up to 30,000 metric tons of carbon annually. When blended into compost for urban greening projects, biochar also enhances stormwater management and community resilience. As demand for landfill alternatives grows, renewable natural gas (RNG) facilities - especially those colocated with landfills or wastewater treatment plants - offer additional benefits like reducing fugitive methane emissions, replacing fossil diesel with cleaner fuels and generating revenue through energy sales. ANTICIPATED WORKFORCE NEEDS The successful implementation of a city-owned MRF at the Fort Smith landfill will require a wide range of specialized skills and coordinated services. From early-stage planning to operation, the project will depend on technical expertise and cross-sector collaboration. Beyond its environmental benefits, the MRF is 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 17 27 expected to generate significant economic value for the River Valley by creating diverse job opportunities in Engineering, Project Management Environmental Science, Technical Trades and Field Services. As demand for skilled labor increases, the city will need to invest in targeted workforce development and training. This situation presents a valuable opportunity to partner with local technical colleges, apprenticeship programs, and workforce training organizations to equip residents with the skills needed for careers in the green economy. Ultimately, the MRF initiative is expected to deliver dual benefits: improving environmental outcomes while also strengthening economic resilience and job creation in the region. COMMUNITY BENEFITS A comprehensive waste minimization and innovation program offers economic, social, environmental and cost savings to the city. Developing a city-owned and operated MRF, expanding recycling and composting would reduce landfill tipping fees and transportation costs by processing recyclables locally. This facility would also generate revenue through the sale of recovered materials (locally or regionally) and create stable, skilled jobs in recycling operations, logistics, and facility maintenance. Investments in organic waste diversion, such as constructing an anaerobic digester at the city’s wastewater treatment plant and supporting biomass gasification or biochar pyrolysis facilities, would transform waste into valuable products like renewable energy, compost, and soil amendments. These technologies reduce CH4 emissions, lower landfill use, support the local agriculture economy, and create new revenue streams for the city. Remediating brownfields for conversion into facilities that support waste reduction or workforce development centers revitalizes underutilized land, reduces environmental liabilities, and attracts private investment. These projects create construction and long-term operations jobs, while workforce training programs prepare residents for careers in clean technology, equipment maintenance, and sustainable waste management. 5.5 Carbon Removal Sector In addition to GHG emission reduction efforts, natural carbon sinks such as forests, wetlands, and prairies play a crucial role in absorbing and storing CO2 from the atmosphere. Increasing carbon sequestration in natural lands could be achieved through implementation of the following measure: Measure 5 - Develop and implement programs to improve or increase carbon sequestration in the natural landscape through nature-based solutions and natural infrastructure. Examples of projects that would support this measure could include, but are not limited to the following: • Priority Measure: Planting native tree and plant species that provide optimal carbon sequestration benefits in city-owned parks, trails, and rights-of-way and provide cobenefits of increasing shade, reducing urban heat islands, and improving energy efficiency of buildings. • Priority Measure: Developing programs that remediate brownfields for conversion into city-owned parks, urban forests or workforce development to support native plant species. • Identifying lands with high carbon sequestration value and creating programs for the protection of these lands through fee-simple acquisition, land conservation easements, or other means. • Restoring degraded prairies, forests, riparian buffers, streams, and wetlands in city-owned parks, trails, and rights-of-ways to improve carbon sequestration and reduce stormwater runoff. • Developing conservation plans for new parks and recreation areas that include measures to improve or preserve areas with high carbon sequestration value. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 18 28 Progress in this sector could be monitored with updated GHG emissions data or with metrics such as comparing and quantifying land cover changes in the City of Fort Smith periodically. The cost of implementing these measures varies by initiative. MEASURE RATIONALE Fort Smith’s natural areas support recreation and tourism but are under pressure from development and overuse. Habitat fragmentation and limited access reduce ecological health and community well-being. The City of Fort Smith remains dedicated to enhancing the quality of life for its residents by prioritizing initiatives that not only preserve the environment but also contribute to the overall well-being of the community. The ongoing efforts to acquire land easements for watershed management around River Valley water sources are integral to this commitment. Expanding the Watershed Management Program is envisioned not just as a conservation measure, but as an investment in the long-term protection of water sources, assuring a sustainable and high-quality water supply for current and future generations. To protect these resources without expanding city maintenance obligations, the following strategies are recommended: • Utilizing conservation easements and land trusts to preserve open space without city ownership. • Supporting volunteer stewardship programs to maintain trails and green spaces. • Developing low-impact design standards for new development near natural areas. Urban development in the City of Fort Smith has significantly increased impervious surfaces, which intensifies stormwater runoff and places strain on aging drainage systems. As a result, the city has experienced more frequent and severe flooding, which threatens public safety and damages infrastructure. Protecting and restoring natural areas, particularly along riparian corridors, enhances stormwater absorption, reduces flood risks, and improves water quality by filtering pollutants before they reach the Arkansas River and its tributaries. In addition to identifying conservation easements, restoring degraded prairies, forests, riparian buffers, streams, and wetlands can further increase carbon sequestration and reduce stormwater runoff. These efforts also create opportunities for outdoor recreation. Remediating brownfields for conversion into parks, urban forests, or workforce development centers offers a dual benefit: revitalizing underused land and creating economic opportunities. Programs that train residents in native landscaping and ecological restoration can build a skilled workforce to support the City of Fort Smith’s environmental quality goals. Forests, prairies and wetlands all play a vital role in carbon reduction and flood mitigation. By prioritizing smart growth and limiting the conversion of farmland and woodlands to low-density residential use, the city can create a more ecologically balanced urban environment. This holistic approach not only contributes to a higher quality of life for residents but also positions the City of Fort Smith as a community that values conservation, resilience, and the well-being of its citizens. POTENTIAL FOR GHG EMISSIONS REDUCTION The concepts encompassed within this measure are strategically designed to yield both immediate and long-term reductions in GHG emissions. The intersection of GHG reduction strategies and the preservation of natural areas fosters a higher quality of life for residents and creates a healthier environment. Nature-based carbon removal can be significantly enhanced through the restoration, management, and creation of ecologically resilient ecosystems. While afforestation plays a key role, other ecosystems, such as wetlands, prairies, and riparian buffers, are equally vital and often underutilized in carbon strategies 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 19 29 (Zickfeld and Canadell 2023; Seddon et al. 2020). Nature-based methods with short storage durations or high disturbance risks are not suitable for offsetting ongoing GHG emissions. To assure long-term carbon storage, restoration efforts should prioritize diverse, stress-tolerant native species that can adapt to changing environmental conditions (Oxford Net Zero 2024). ANTICIPATED WORKFORCE NEEDS In the existing workforce structure of the city, there are designated roles such as Land Acquisition, Project Management, and Environmental positions, which can be leveraged to support these initiatives. Additionally, the implementation of these measures may necessitate the engagement of consulting services and other contractual arrangements, particularly in areas like port and hydro-electrical infrastructure. These external services would bring expertise and efficiency to the implementation process, assuring that the measures are not only environmentally effective, but also economically viable. As these carbon removal efforts progress, a byproduct will be the creation of diverse job opportunities in the region. The establishment and maintenance of carbon removal infrastructure, including ports and hydro- electrical measures, will give rise to a range of employment opportunities spanning various skill sets. A carbon removal program would require a diverse range of skills and expertise to design, develop, and operate this program. Professionals who have backgrounds in natural resources, land management, project management, environmental science, and other technical expertise would be needed. Overall, implementation of this measure is anticipated to result in an increase in demand for workers and an associated need for workforce development in the City of Fort Smith. COMMUNITY BENEFITS Investing in nature-based solutions such as urban greening, land conservation, and ecosystem restoration offers the City of Fort Smith an opportunity to reduce emissions, lower municipal costs, and stimulate regional economic development, while also enhancing flood resilience and stormwater management. Planting native trees and vegetation in city-owned parks, trails, and rights-of-way not only boosts carbon sequestration, but also provides increased shade and reduced urban heat island effects, improving public health and reducing energy demand for cooling that will result in measurable cost-savings. Additionally, native vegetation improves stormwater absorption, which will reduce runoff and pressure on the city’s drainage systems. Protecting or restoring lands with high carbon sequestration potential assures long-term carbon storage and safeguards natural buffers. These areas help absorb and slow stormwater, reducing flood risks and protecting downstream communities – particularly those near the Arkansas River. By minimizing the need for costly gray infrastructure, these natural systems offer long-term savings for the city. Conservation planning for new parks and recreation areas should prioritize the preservation and enhancement of high-carbon value and flood-prone landscapes. Integrating these priorities into park design assures that new green spaces contribute to emission reduction goals, provide recreational access, and serve as natural flood mitigation zones. Remediating brownfields for conversion into green space revitalizes underused land, reduces environmental hazards, and attracts private investment. Workforce development programs focused on native landscaping and ecological restoration can equip residents with in-demand skills for careers in green infrastructure, land management, and environmental services. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 20 30 5.6 Industrial In 2020, the industrial sector in the Fort Smith MSA was responsible for approximately 9 percent (521,066 metric tons) of the region’s GHG emissions, primarily from burning fossil fuels for energy. Reducing GHG emissions in the industrial sector could be achieved by developing and implementing the following: Measure 6 - Supporting and promoting industrial efficiency and innovation programs that reduce GHG emissions from industrial activities and operations in the City of Fort Smith. Examples of projects that would support this measure could include, but are not limited to the following: • Priority Measure: Developing programs that remediate brownfields for conversion into education facilities that provide workforce development training supporting industrial efficiency and innovation programs that reduce GHG emissions in the industrial sector. • Developing programs to support upgrades of facilities and equipment at the Port of Fort Smith that improve energy efficiency for existing or future facilities. • Developing programs to support implementation of energy efficiency measures in local industry, including energy audits, strategic energy management, equipment upgrades, and waste heat utilization. Progress in this sector can be tracked through regularly updated GHG emissions data. The cost of implementing these measures will vary depending on the specific initiative and scale of deployment. MEASURE RATIONALE Investing in energy efficiency and renewable energy helps companies lower long-term operational costs and improve competitiveness. Improving energy efficiency is one of the most cost-effective ways to reduce industrial GHG emissions. In Fort Smith, key strategies include: • Conducting energy audits to identify inefficiencies in buildings, equipment, and processes, including waste heat, an area where 20–50% of industrial energy is typically lost (USDOE 2024). • Identifying handling equipment at the Port that could be replaced with electric alternatives. • Setting goals for new buildings at the Port for energy efficiency and responsibly sourced locally produced materials. • Remediated brownfield sites offer promising opportunities for economic development. Business incubators such as light industrial or manufacturing spaces are well suited for redevelopment on former industrial sites because they align closely with previous land uses. Manufacturing incubators in these areas can support businesses that require larger operational footprints, such as those involved in building materials and product manufacturing. These spaces can also accommodate smaller-scale operations, including food and beverage production or offices for related services like architecture, design, construction management, and general contracting. Additionally, repurposing existing infrastructure on these sites can significantly lower both the financial and environmental costs associated with new construction. POTENTIAL FOR GHG EMISSIONS REDUCTION Nationally, the industries with the highest CO2 emissions include petroleum refining, chemical manufacturing, iron and steel manufacturing, cement manufacturing, and food and beverage manufacturing. Though only some of these sectors currently operate in the City of Fort Smith, others may establish a presence in the future. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 21 31 Iron and steel production is one of the most energy-intensive industries globally and ranks among the highest sources of GHG emissions. These emissions primarily result from the use of coal as a feedstock and the chemical reduction of iron ore. Significant GHG reductions in this sector can be achieved through transitioning to low- and zero-carbon fuels, expanding industrial electrification, and piloting transformative technologies such as hydrogen-steel production, electrolysis of iron ore, and CCUS. According to the DOE (2022), more than two-thirds of potential GHG reductions in the iron and steel industry could come from improved energy efficiency, fuel switching, and electrification. The demand for clean hydrogen and low- carbon electricity in steelmaking is projected to rise substantially by 2050. ANTICIPATED WORKFORCE NEEDS Reducing GHG emissions in Fort Smith’s industrial sector will require a highly skilled and adaptable workforce. As industries adopt more sustainable practices, the demand for professionals with expertise in renewable energy, energy efficiency, and environmental engineering will grow. Workers will need training in cutting-edge technologies and methods. Specialized training in areas such as electric process heating, industrial heat pumps, and smart-grid technologies will be essential. Additionally, expertise in integrating renewable energy sources will be critical to supporting and sustaining the region’s efforts. To support industrial electrification and clean energy transitions, workforce development programs must prioritize both upskilling the existing workforce and training new entrants. This effort includes expanding access to apprenticeships, on-the-job training, and certification programs in areas such as energy management and industrial electrification. Strong collaboration with local educational institutions, such as community colleges and technical schools, will be essential to assure that training curricula align with evolving industry needs and technological advancements. COMMUNITY BENEFITS Reducing industrial emissions in the City of Fort Smith offers not only environmental and public health benefits, but also substantial economic gains and cost savings for the city and region. Industrial operations are a major source of air and water pollution, which contribute to chronic health issues and increased health care costs – particularly in vulnerable communities. By implementing programs that support energy efficiency such as energy audits, equipment upgrades, strategic energy management, and waste heat utilization, the City of Fort Smith can significantly improve air quality and reduce public health expenditures while also reducing the load on the existing electric grid. These measures also offer direct financial benefits to the city and local industries. Improved energy efficiency lowers operational costs for industrial facilities while reducing strain on municipal infrastructure and utilities. Investing in brownfield remediation to create workforce development centers focused on industrial efficiency and clean technology will generate long-term economic returns. These centers will prepare residents for high-demand jobs in clean energy, advanced manufacturing, and industrial innovation. This effort not only reduces unemployment and poverty but also builds a skilled workforce that attracts new businesses and investment to the region. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 22 32 6. EDUCATION & WORKFORCE The City of Fort Smith is committed to building a skilled, robust, and future-ready workforce to support transitions to a more sustainable and resilient community. The Municipal Education and Workforce Initiative focuses on equipping residents with the knowledge and skills needed to thrive in the green economy, particularly in the areas of renewable energy, low-income solar access, and energy efficiency through weatherization. Through strategic partnerships with institutions such as the University of Arkansas – Fort Smith, Peak Innovation Center, Fort Smith Public Schools, and the Arkansas Advanced Energy Foundation, the city is launching a comprehensive suite of programs that include the following: • Educational Pathways: Collaborating with the University of Arkansas – Fort Smith and Fort Smith Public Schools to integrate sustainable energy topics into curricula, preparing students for careers in new technologies and energy efficiency. • Hands-on Training: Offering apprenticeships and internships aligned with the city’s CAP, providing real-world experience in areas such as solar installation, energy auditing, and waste reduction construction. • Public Engagement: Hosting community workshops, seminars, and events accessible to all community members to raise awareness and promote participation in energy saving initiatives. • Workforce Readiness: Training technicians, educators, and outreach specialists to meet the growing demand for new jobs, with a focus on access to underserved populations. This initiative not only addresses the immediate need for a skilled workforce but also lays the foundation for long-term economic growth and innovation. By fostering a pipeline of local talent and supporting the development of new industries, the City of Fort Smith is positioning itself as a regional leader in innovative industry and environmental stewardship. Public education plays a vital role in this transformation. By increasing awareness of energy efficiency, renewable resources, and sustainable practices, the city empowers residents to make informed choices that reduce emissions and support communitywide emission reduction goals. Together, these efforts will help the City of Fort Smith build a robust and economically vibrant future – one where environmental responsibility and opportunity go hand in hand. 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 23 33 7. CO-BENEFITS FOR FORT SMITH Reducing GHG emissions offers a wide range of environmental and public health advantages. These cobenefits are outlined below and highlight the multifaceted value of GHG reduction strategies. STORMWATER AND FLOODING Heavy precipitation events are becoming more frequent and intense within the Arkansas River watershed, often overwhelming traditional gray infrastructure and leading to historic flooding in the City (Encyclopedia of Arkansas 2024). Utilizing strategies outlined in the plan that support enhancement of soil infiltration and restoring natural infrastructure such as wetlands and riparian buffers, the region can better absorb and slow stormwater runoff. By reducing peak flows and allowing stormwater to spread and soak into the ground, these nature-based solutions not only support carbon sequestration but also strengthen the region’s resilience to extreme weather events. WATER QUALITY By shifting to cleaner energy sources, the City of Fort Smith can significantly cut emissions of nitrogen and sulfur oxides – air pollutants that contribute to nutrient runoff and the degradation of waterways. Cutting emissions helps prevent issues like eutrophication and harmful algal blooms, which threaten aquatic ecosystems, drinking water supplies, and recreational water use. In addition, lowering emissions can contribute to more stable weather patterns, reducing the frequency and severity of extreme events such as droughts, floods, and intense storms. These events can overwhelm water systems, increase erosion, and introduce contaminants into water bodies. The outcome being a more resilient and sustainable water system, one that protects public health, supports biodiversity, and assures clean water access. AIR QUALITY Reducing GHG emissions also leads to significant improvements in air quality. Lowering GHG emissions helps decrease levels of criteria air pollutants such as particulate matter, nitrogen dioxide, and ozone, as well as hazardous air pollutants (HAPs) like benzene and mercury. This dual benefit results in cleaner air, reduced exposure to harmful pollutants, and improved public health outcomes. Efforts by the EPA and the Arkansas Division of Environmental Quality (ADEQ) have focused on lowering ozone concentrations in the state. However, rising temperatures accelerate ozone formation and contribute to stagnant air conditions, making it more difficult to improve air quality. This fact underscores the importance of integrated strategies that address both emissions and urban heat islands. ECONOMIC AND HEALTH BENEFITS Many of the strategies outlined in this plan offer significant economic and health cobenefits for residents of the City of Fort Smith. A prime example is the shift toward active transportation, such as walking and biking, which not only reduces GHG emissions, but also supports local economies and improves public health. Additionally, reducing GHG emissions and ground-level ozone improves air quality, which is closely linked to respiratory and cardiovascular health. Ground-level ozone exacerbates conditions like asthma and increases the risk of premature death from heart and lung diseases. Vulnerable populations, including children, the elderly, individuals with preexisting conditions, and low-income communities, are especially at risk (USEPA 2016). 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 24 34 8. AUTHORITY TO IMPLEMENT The City of Fort Smith is empowered to implement clean energy, sustainable solutions, and infrastructure initiatives through ordinances and resolutions approved by its Board of Directors. This authority enables the city to lead impactful projects that reduce greenhouse gas emissions, improve environmental quality, and support long-term climate goals. The city’s governance structure allows for direct implementation of program components and allocation of funding to individuals, businesses, and institutions. Fort Smith is also authorized to collaborate with county officials, tribal governments, and regional coalitions across the Metropolitan Statistical Area (MSA), ensuring coordinated and authoritative implementation. Public-private partnerships are encouraged to accelerate deployment, especially where public resources are limited. The City of Fort Smith is well-positioned to lead a regional approach by leveraging intergovernmental partnerships and diverse funding sources, including state and federal grants, public- private investments, and revenue from recyclables. 9. REFERENCES Alamoush, A., Olcer, A., & Ballini, F. 2022. “Port greenhouse gas emission reduction: Port and public authorities’ implementation schemes.” Research in Transportation Business & Management. Vol. 43, 2022, 100708. June 7, 2022. Available online at: https://www.sciencedirect.com/science/article/abs/pii/S2210539521000912 Barbhuiya S., Das, B.B., & Kanavaris, F. 2024. Biochar-concrete: A comprehensive review of properties, production and sustainability. Case Studies in Construction Materials. Volume 20, July 2024, e02859 BBC Research & Consulting. 2018. Economic and Health Benefits of Bicycling in Northwest Arkansas. Available online at: https://www.waltonfamilyfoundation.org/learning/economic-and-health-benefits-of-bicycling-in-northwest-arkansas Carbon Chicken Project LLC. 2024a. “Biochar Is the Future of Agriculture.” Accessed online November 4, 2024 at: https://carbonchicken.com/ . 2024b. “Introduction to Carbon Chicken Project LLC.” Accessed online November 7, 2024. City of Fayetteville Staff. 2023. City of Fayetteville Local Government Operations Greenhouse Gas Inventory. Excel spreadsheet shared on October 18, 2023. Cunningham, J. 2024. “Forest Carbon Sequestration: Everything You Need to Know.” Forestry.com. Accessed online August 12, 2024 at: https://forestry.com/environmental-impact/climate-change/forest-carbon-sequestration/ Encyclopedia of Arkansas (2024). Webpage: “Flood of 2019.” Accessed July 2025 at:: https://encyclopediaofarkansas.net/entries/flood-of-2019- 14746/ Hardin, J. & Ims. R. 2024. “A Bioenergy, Carbon Capture and Storage System.” Carbon Chicken Project LLC. Accessed online November 7, 2024. Hassanein, A., Lansing, S., & Delp, D. 2024. “Reducing Greenhouse Gas Emissions through Improved Manure Management.” University of Maryland Extension. Agriculture & Food Systems, FS-2023-0689. September 2024. Accessed online November 13, 2024 at: https://extension.umd.edu/resource/reducing-greenhouse-gas-emissions-through-improved-manure-management-fs-2023- 0689/extension.umd.edu/resource/reducing-greenhouse-gas-emissions-through-improved-manure-management-fs-2023-0689 Institute of Transportation Engineers (ITE). (n.d.). Complete streets. Institute of Transportation Engineers. Retrieved November 21, 2024, from https://www.ite.org/technical-resources/topics/complete-streets/ IPCC (Intergovernmental Panel on Climate Change). 2021. Climate Change 2022: Impacts, Adaptation, and Vulnerability. Contribution of Working Group II to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [H.-O. Pörtner, D.C. Roberts, M. Tignor, E.S. Poloczanska, K. Mintenbeck, A. Alegría, M. Craig, S. Langsdorf, S. Löschke, V. Möller, A. Okem, B. Rama (eds.)]. Cambridge University Press. Cambridge University Press, Cambridge, UK and New York, NY, USA, 3056 pp., doi:10.1017/9781009325844. Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). 2019. Summary for policymakers of the global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. Díaz, S., Settele, J., Brondízio, E. S., Ngo, H. T., Guèze, M., Agard, J., Arneth, A., Balvanera, P., Brauman, K. A., Butchart, S. H. M., Chan, K. M. A., Garibaldi, L. A., Ichii, K., Liu, J., Subramanian, S. M., Midgley, G. F., Miloslavich, P., Molnár, Z., Obura, D., Pfaff, A., Polasky, S., Purvis, A., Razzaque, J., Reyers, B., Chowdhury, R., Shin, Y. J., Visseren-Hamakers, I. J., Willis, K. J., and Zayas, C. N. (eds.). IPBES secretariat, Bonn, Germany. 56 pages. International Energy Agency (IEA). 2023. Website: “Emissions Savings”. https://www.iea.org/reports/multiple-benefits-of-energy- efficiency/emissions-savings 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 25 35 Jebaraj, M. 2023. Estimating the Economic and Health Benefits of Bicycling in Northwest Arkansas. Available online at: https://cber.uark.edu/Economic_and_Health_Benefits_of_Bicycling_in_Northwest_Arkansas.pdf Jeffry, S.N.A., Jaya, R.P., Hassan, N.A., Yaacob, H., Mirza, J., & Drahman, S.H. 2018. Effects of nanocharcoal coconut-shell ash on the physical and rheological properties of bitumen. Construction and Building Materials. Volume 158, Issue 15, pages 1-10. Legan, M., Gotvajn, A.Z., & Zupan, K. 2022. Potential of biochar use in building materials. Journal of Environmental Management. Volume 309. May 1, 2022, 114704 Mitsch, W.J., & Gosselink, J.G. 2015. Wetlands, 5th edition. JohnWiley and Sons, New York. Mizdrak, A., Blakely, T., Cleghorn, C.L., & Cobiac, L.J. 2019. Potential of active transport to improve health, reduce healthcare costs, and reduce greenhouse gas emissions: A modelling study. PLoS One 14(7): e0219316. https://doi.org/10.1371/journal.pone.0219316 Mohanty, S.K., Valenca, R., Berger, A.W., Yu, I.K.M., Xiong, X., Saunders, T.M., & Tsang, D.C.W. 2018. Plenty of room for carbon on the ground: Potential applications of biochar for stormwater treatment. Science of the Total Environment. Volume 625, pp. 1644-1658. National Institute of Food and Agriculture (NIFA). 2022. “AFRI Application Review Criteria – National Institute of Food and Agriculture.” May 25, 2022. Accessed online November 5, 2024. National Renewable Energy Laboratory (NREL). 2021. “Profitable, Clean, and Efficient Farming Starts with Renewable Energy Sources, Sustainably Produced Biofuels.” September 16, 2021. Accessed online November 7, 2024. https://www.nrel.gov/news/program/2021/profitable-clean-and- efficient-farming-starts-with-renewable-energy-sources-sustainably-produced-biofuels.html Ontl, T., & Janowiak, M. 2017. Grassland and Carbon Management. U.S. Department of Agriculture, Forest Service, Climate Change Resource Center. https://www.fs.usda.gov/ccrc/topics/grassland-carbon-management Osman, A.I., Farghali, M., Dong, Y. Kong, J., Yousry, M., Rashwan, A.K., Chen, Z., Al-Fatesh, A., Rooney, D.W., & Yap, P.S. 2023. Reducing the carbon footprint of buildings using biochar-based bricks and insulating materials: a review. Environmental Chemistry Letters. Volume 22, pages 71-104. Oxford Net Zero. 2024. Webpage: “Nature-Based Solutions”. Published online at: https://netzeroclimate.org/innovation-for-net-zero/nature-based- solutions/ Richardson, J.L., & Vepraskas, M.J. (Eds.) 2001. Wetland Soils: Genesis, Hydrology, Landscapes, and Classification. CRC Press. Seddon, N., Chausson, A., Berry, P., Girardin, C.A.J., Smith, A., & Turner, B.. 2020. Understanding the value and limits of nature-based solutions to climate change and other global challenges. Philosophical Transactions of the Royal Society B: Biological Sciences, Volume 375, Issue 1794 United States Department of Energy (USDOE). 2022. Industrial Decarbonization Roadmap. DOE/EE-2635. Published September 2022. Accessed online at: https://www.energy.gov/sites/default/files/2022-09/Industrial%20Decarbonization%20Roadmap.pdf United States Environmental Protection Agency (USEPA). 2016. What climate change means for Arkansas, EPA 430-F-16-006. https://19january2017snapshot.epa.gov/sites/production/files/2016-09/documents/climate-change-ar.pdf . 2021a. “Charging Forward: Revitalizing Brownfield Sites into Electric Vehicle Charging Stations.” Office of Brownfields and Land Revitalization. Wiedinmyer, C. & Hurteau, M.D. 2010. Prescribed Fire as a Means of Reducing Forest Carbon Emissions in the Western United States. Environmental Science & Technology. Volume 44, Issue 6 Xiang, W., Zhang, X., Chen, J., Zou, W., He, F., Hu, X., Tsang, D.C.W., Ok, Y.S., & Gao, B. 2020. Biochar technology in wastewater treatment: A critical review. Chemosphere. Volume 252, August 2020, 126539 Zickfeld, K., & Canadell, P. 2023. Carbon removal is needed to achieve net zero but has its own climate risks. The Conversation. Published December 6, 2023. Accessed online at: https://theconversation.com/carbon-removal-is-needed-to-achieve-net-zero-but-has-its-own-climate-risks- 2173 623 Garrison Ave | Fort Smith AR 72901 | (479) 784-2201 | fortsmithar.gov | P a g e | 26 36  CPRG Agreement DEQ and City of Fort Smirh Agreement Number CPRG-CFS-002 FUNDING FOR COORDINATED RESEARCH AND DEVLEOPMENT OF CPRG DELIVERABLES MEMORANDLIM OF AGREEMENT BETWEEN ARKANSAS DEPARTMENT OF ENERGY AND ENVIRONMENT AND CITY OF FORT SMITH Agrcement Number CPRG-CFS-002 Federal Award ldentification Number (FAIN): 02F35201 Federal Funding Accountability and Transparency Act (FF'ATA): Climate pollution Reduction Planning Grant Region 6 Catatog of Federal Domestic Assistance (CFDA) Number and Name: 66.046 - Climate Po llution Reduction Grants Subawardee fndirect Cost Ratel: l0% Agreement: This Memorandum of Agreement (MOA) is entered into beween Arkansas Department of Energy and Environment (E&E), Division of Environmental (DEe) and euality Subawardee City of Fort Smith, Funding for this project is provided by U.S. Environmental Protection Agency (EPA) through the Climate Pollution Reduction Grant (CpRG), awarded June 29,2023' DEQ has been granted $3,000,000 through the CPRG to assist in the development of the following deliverables required under the CPRG: Priority Action Plan (pAp), Comprehensive Action Plan (CAP), and a status report on PAP and CAP (collectively'.the ptans") at the end of the four (4) year grant project period. DEQ will act as a pass-through entity for the purposes of this funding. City of Fort Smith will act as a Subawardee to provide regional-specific planning and act as additional support to DEe in the development of the aforementioned deliverables to meet the requirementr oittt. CpRG. Funds awarded to City of Fort Smith under this MOA that are not expended or committed must be retumed to DEQ for reallocation or for retum to EPA within sixty (60) days of the project period ending date. EPA Award Date: July 5,2023 Subaward Period of Performance: July l,2023,through luly 5,2A27 1 The indirect rate indicated here may be subject to change during the project period. 37  CPRG Agreemcnt DEQ and City of Fo* Smith Agreement Number CPRG-CFS-0O2 Scope and Objectives: City of Fort Smith agrees to provide the following region-specific deliverables, services, and equipment through use of the funding. Supplementary items should be provided in the form of modeling, reporting, and other approved forms of demonstration and may be included in DEQ's PAP and CAP submittals as appendices or othenn'ise cited. These items are in addition to quarterly and final reporting requirements. Deliverable Due Priority plan supplements wL/2A23 Comprehensive plan 2/2812025 supplements Status report supplements 3/U2A27 Quarterly region Summer 2023 - Summer 2025 engagement meetings Semiannual region meetings Fall2025 -Fall2027 Attending E&E Quarterly Intergovernmental Summer 2023 -Fall2}27 Coordination Meetings Deliverable Details are as follows: 1. Priority plan supplements for regional quantified greenhouse gas reduction (GIIG) measures: a. Minimum of three (3) measures, such as policy, pass-through funding program design, or concept paper for a specific project b. Each Measure must include the following: i. Anticipated workforce needs to implement measure ii. Review of authority to implement or barriers to implementing measure (laws, ordinances, rules, etc.) iii. Information necessary for DEQ to perform the following analyses: 1. GHG and Co-pollutant emission reductions or sequeshation 2. Low-lncome and Disadvantaged community (LIDAC) Benefits Analysis (See EPA BenefirlA{ralvsis LIDAI buidalree.)2 city of Fort smith is encouraged, but not required, to provide detailed GHG and co- pollutant emission reductions or sequestration values and a LIDAC Benefits Analysis report. 2 For the purpose of this gran! the Low-lncome and Disadvantaged Community Benefits Analysis should be conducted using the Climate and Economic Justice Screening Tool (cEJsT). CEJST looks at eight (8) key areas: climate change, clean energy and energy efficiency, clean transit, affordable and sustainable housing, training and worKorce developmenl the reme*ation and reduction of legacy pollution, health burdens and the development of critical clean water infrastructure. lf a community is located in a census tract{s} that meets the CEQ criteria for one or more of the eight key areas, then that community would be considered disadvantaged. 38  CPRG Agreement DEQ and City of Fort Smith Agreement Number CPRG-CFS-0O2 2. comprehensive plan supplemcnts for regional quantified GHG measures: Minimum of three (3)additional measures fuolicy, pass-through funding ^. program design, or concept paper for a specific project) b. Each Measure must include the fotlowing: i. Anticipated workforce needs to implement measure ii. Review of authority to implement orbarriers to implementing measure (laws, ordinances, rules, etc.) iii. Information necessary for DEe to perform the folrowing analyses: l. GHC and Co-pollutant emission reductions or sequestration 2. Low-Income and Disadvantaged Comrnunity (LIDAC) Benefits Analysis c. In addition, City of Fort Smith must provide: i. Report for identification of intersccting funding availability to achieve all recommended measures ii. Regional workforce planning analysis City of Fort Smith is encouraged, but not required, to provide detailed GHG and Co- pollutant emission reductions or sequestration values and a LIDAC Benefits Analysis report. 3. Status report supplements for regional quantified GHG mefl$ures: a. Implementation status and updates for each of the GHG reduction measures previously indicated b. Updated regional GHG reductions benefit analysis c. Information necessary for DEQ to perform the following analyses: i. GHG and Co-pollutant emission reductions or sequestration ii. Low-lncome and Disadvantaged Community (LIDAC) Benefits Analysis d' Updated review of authority to implement or barriers to implementing measure (laws, ordinances, rules, etc.) e. Updated identification of intersection with other frrnding availability f. Updated workforce planning analysis g. Detailed report of anticipatod next steps and future budgeting and staffing needs. City of Fort Smith is encouraged, but not required, to provide additional CHG mcasures for future implementation and updated GHG and Co-pollutant emission reductions or sequestration values and a LIDAC Benefits Analysis report. If City of Fort Smith elects to produce its own regional emission inventory and emission projections in support of delivErables I - 3, City of Fort Smith must submit to the EPA a quality management plan in accordance with EPA's Ouality Managerngnr Plan (OMP) Slandard and a quality assurance project plan in accordance with EPA OA/R-S: EPA Requirement$ for-Olrality Assurance-Projeot Plans". A quality assurancs project plan template for work under the CPRC has been inclucled as Attachment A to this MOA. 39  CPRG Agreement DEQ and City of Fort Smith Agreeinent Number CPRG-CFS-O02 The terms and funding as described in this Agreement do not establish a precedent regarding any future extension of this Agreement. Defi nitions within Agreement: Arkansas Department of Energy and Environmenl E&E Catalog of Federal Domestic Assistance: CFDA Climate Pollution Reduction Grant: CPRG Comprehensive Action Plan: CAP Division of Environmental Quality: DEQ U.S. Environmental Protection Agency: EPA Federal Award Identification Number: FAIN Fedsral Funding Accountability and Transparency Act: FFATA Low-lncome and Disadvantaged Community Benefits Analysis: LIDAC Benefits Analysis Memorandum of Agreement: MOA Priority Action Plan: PAP ARKANSAS DEPARTMENT OF ENERCY AND EIY.WRONMENT. DIVISION OF ENVIRONMENTAL OUALITY By this agreement: l. DEQ agrees to provide $440,000 to City of Fort Smith be used for permissible activities. City of Fort Smith agrees to retum funds unexpended or uncommitted to DEQ within sixty (60) days of the project period e,nding on July S, 2027 . 2' DEQ agrees to collaborate and to provide assistance and guidance to City of Fort Smith for the duration of the project. a. E&E personnel commit to the timely review and response to City of Fort Smith regarding any cornmunications and promotional activities conducted in support of this grant. 3. DEQ contacts for this project are as follows: StaffMember Title Phone Email Erika Droke SIP & Planning (s01) 682-0s42 erika. droke@adeq. state.ar.us Supervisor Mikayla Shaddon SIP & Planning (s0i) 682-0808 mikayla. shaddon@adeq. state.ar. us Epidemioloeist crTY oF roRT sMrfg By this agreement: 40  CPRG Agreement DEQ and City of Fort Smith r. ciryorFort smirh agrees to retum tunds unexp""o"o "rtfl."jfiffr',1lil3#l-ffiil-"t sixty (60) days of the project period ending on July 5,2027. 2. City of Fort Smith agrees to submit quarterly performance progress reports and a detailed final report to DEQ using DEQ's web-based submission portal or other forms as determined. a. Quarterly reports are due within ten (10) business days after the end of the repo(ing period Reporting Period January I - March 3l Aprill-June30 Julyl-September30 October I -December3l i. Quarterly reports must include a detailed report for work status, work progress, difficulties encountered, financial expenditures for thc reporting period, preliminary data resuits as available, anticipated activities during the following reporting period, and personnel changes if applicable. b. The final report is due within sixty (60) calendar days of the completion of the grant period. i. The final report should provide a detailed report for work status, work progress, difficulties encountered, financial expendinrres for the reporting period, and data results as available. ii. with the final report, city of Fort Smith agrees to provide proof of authorization to retum of any residual funds not expended during the fow- year term. 3. The following activities are permitted under funding made available through Agreement Number CPRC-CFS-002. City of Fort Smith agrees that funding provided under this agreement will be used only for permitted activities. a' Staffrng and conhactual costs necessary to develop the deliverables identified in this document; b. Planning and implementing meetings, workshops, and convenings to foster collaboration among and between levels of government, the public, and key stakeholders; c. outreach and education for stakeholders and members of the public d. Subawards to municipalities, air pollution control agencies, regional planning organizations, non-governmental organizations (NGOs), academic institutions, etc.; e' Modeling and analytical costs, including purchase or licensing of soflware, data, or tools; f, studies, assessments, data collection, etc., needed to develop the required deliverables; g. Evaluation and metrics-tracking activities; 41  CPRG Agreement DEQ and City of Fort Smith Agreement Number CPRG-CFS-002 h. Training and staff capacity-building costs; i. Supplios (e.g., office supplies, software, printing, etc.); j. Incidental costs related to the above activities, including but not limited to travel, membership fees, and indirect costs; and, k. Other allowable activities as necessary to complete the required deliverables. 4- City of Fort Smith agrees to coordinate all communication and promotional activities related to this grant including, but not limitcd to, news releases, social media posts, advertisements, and website updates with E&E prior to publication. Any use of E&E, DEQ, or other state agency branding must receive prior approval before publication or disscmination. 5. The following are contact persons for this project: Subawardee Staff Title Phone Email Member Carl Ceffken City Administrator (479t784-2201 CGeffken@ fortsmithar. eov Joshua Robertson Utility Business (479) 494-3e44 JRobertson@fortsmithar. gov Administration DepuE Director Reese Brewer MPO Director (479) 78s-2651 RBrewer@wapdd.org Title VI: Title VI of the Civil Rights Act of 1964 and other Federal statutes and regulations prohibit discrimination based on race, color, national origin, disability, sex, or prior exercise of rights or opposition to actions protected undcr Federal non-discrimination laws. As a recipient of Federal financial assistance DEQ must comply with Federal non-discrimination [aws. Subawardees must also comply with Title VI and other applicable Federal non-diserimination laws or regulations. Title VI, along with other pertinent nondiscrimination laws and regulations emphasizes the need for ongoing and proactive public involvement at various stages of development, planning, implementation, and enforcement including early and frequent engagement of affected parties during decision-making processes. REPORTING SUBAWARDS AND COMPENSATION: ln accordance with the Federal Funding Accouutability and Transparency Act (FFATA), if the award is subjecr to FFATA Subaward and Executive Compensation Reporting Requirements, then the terms and conditions of that award must link to the Operating Divisions' (OPDIV) website that houses the full text or include the full text of the reporting requirements. PREAWARD COSTS: ln accordance with $ 1500,9 Revision of budget andprogram plans, EPA award recipients may incur allowable project costs 90 calendar days before the Federal awarding agency makes the Federal award. Expenses mors than 90 calendar days pre-award require prior approval of EPA. All costs incurred before EPA makes the award are at the recipient's risk. bpe is under no obligation to reimburse such costs if for any reason the recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover such costs. I I 42  CPRG Agreement DEQ and City of Fort Smith Agrecment Number CPRG-CFS-O02 CONSULTANT FEE CAP: In accordance with g 1500. 10, (a) EPA will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients, and their contractors or subcontractors to the maximum daily rate for level 4 of the Executive Schedule unlcss a greater amount is authorized by law. (These non-Federal entities may, however, pay consultants more than this amount with non-EPA funds.) The limitation in this paragraph (a) applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed; recipients will pay these in accordance with their normal travel reimbursement practices. (b) All contracts between recipients and subrecipients and individual consultants are subject to the procurement standards in subpart D of 2 CFR part 200. Contracts or subcontracts with multiemployee firms for consulting services are not affected by the limitation in paragraph (a) of this section provided the contractor or subcontractor rather than the recipient or subrecipient selects, directs and conhols individual employees providing consulting services. (c) Borrowers under EPA revolving loan fund capitalization grant programs are not subject to paragraphs (a) and (b) ofthis section. MANAGEMENT FEES: It is prohibited to use funds allocated through CPRG for paying management fees, as established in DEQ's Notice of Award, included as Attachment B. PROCUREMENT: The Subawardee agrees to follow Procurement Standards as specific in 2 CFR Part 200, including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants). A non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards ofthis section, for the acquisition ofproperty or services required under a Federal award or subaward. The non-Federal entity's documented procurement procedures must conform to the procurement standards identified in gg 200.317 through 200.327,which includes: a. general procurement standards; b. competitionrequirements; c. procurementmethod requirements; d. Minority and Women's Business Enterprises (MBEIWBE) contractual requirements; e" domesticpreference; f. recovered materials in accordance with 40 CFR part}47; g. contract price and cost analysis, negotiation, and other assooiated considerations; h. all related procurement process documentation unless the Subawardee has received pre- approval of their procurement systom; i. bondingrequirements; j. andcontractprovisions. 43  CPRG Agreement DEQ and City of Fort Smith A D D rr ro NAL RE eurRE ME N r s : DEe maintains the n *n,*?""ifriliilnliJ,i'1tl;?1ffi requirements as authorized by 2 cFR 200.208, including but not limited to: a. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance; b. Requiring additional, more detailed financial reports; c. Requiring additional project monitoring; d. Requiring the subawardee entity to obtain technical or management assistance, and; €. Eskblishing additional prior approvals. ACORN: Memorandum M-IO-02 (Attachment C) guides the use of federal funds regarding the Association of Community Organizations for Reform Now (ACORN). Attachment D ir un ACORN Funding Declaration. Please complete the bottom section of thc declaration and retum this form to DEQ with your signed MOA. FISCAL CONTROL: City of Fort Smith will provide for such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for the funds received from DEQ. RECORDS: City of Fort Smith assurcs DEQ that it will kcep records for at least five (5) years and freely share these records with DEQ or EPA upon request. These records include, but are not limited to, all deliverables, reports, and other related documentation. NON-APPROPRIATION CLAUSE: In the event that the State of Arkansas fails to appropriate funds or make monies availablc for the period covered by the term of this Agreement, this Agreement shall be terminated on the last biennial period for which funds were appropriated or monies made available for such purposes. This provision shall not be construerl to abridge any other right of termination DEQ may have. TERMINATION: DEQ may terminate this agreement for failure to perform required actions underthis MOA or failure to submit acceptable deliverables as committed above. In the event DEQ provides notioe of deficiency under this agreement, City of Fort Smith will have fourteen (14) days to cure identified deficiencies prior to termination. l. Repayment of Grant Funds: Once notified of termination by DEQ, City of Fort Smith will immediately return all unexpended funds to DEQ. DEQ may require additional information regarding previously expended funds including a justification of use of funds for inadequate or insufficient deliverables. . 2. Mutual Consent for Termination: DEQ and City of Fort Smith may mutually agree to terminate this agreement. Such termination must be in writing. City of Fort Smith will have thirty (30) days to provide DEQ information regarding all funds received under this grant and to return all unexpended funds. UEI NUMBER and SAM: City of Fort Smith agrees to provide the State of Arkansas with their Unique Entity Identifier (UEi). City of Fort Smith agreos to maintain current registrations in the Systern for Award Management (SAM) (www.sam.gov) at all times during which they have 44  CPRG Agreement DEe and City of Fort Smith acrive federal awards tunded. rhe UEr is rcquired by 2 c.F.R. rttr;"r1Tl)HlffPRc-cFs-002 200.332(aXlXii). CERTIFICATION: The undersigned verifies that all funds provided through this MOA will be used in accordance with the above agreement. SIGNED: Caleb J. Date ta, Geflken tuF Chicf Administrator, Environment, City Administrator Arkansas Department of City of tr'ort Smith Energy and Environment, Division of Environmental Quality 45 October 24, 2024 Carl Geffken City Administrator City of Fort Smith 623 Garrison Ave., Fort Smith, AR 72901 RE: CPRG Memorandum of Agreement # CPRG-CFS-002 Dear Mr. Geffken, The Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) has reviewed your request to extend the deadline associated with the comprehensive plan supplement deliverable, as listed in your Memorandum of Agreement (MOA). DEQ recognizes that the U.S. Environmental Protection Agency has provided an extension for the submission of states’ comprehensive plans to December 1, 2025, altering the previous states’ deadline of July 5, 2025. DEQ now intends to submit Arkansas’ comprehensive plan by the December 1, 2025 deadline. The purpose of this letter is to amend only the Scope and Objectives section of MOA # CPRG-CFS-002 by substituting the original due date of the comprehensive plan supplements deliverable of February 28, 2025, with a new due date of August 1, 2025. The amended language of the Scope and Objectives section shall read as follows: Scope and Objectives: City of Fort Smith agrees to provide the following region-specific deliverables, services, and equipment through use of the funding. Supplementary items should be provided in the form of modeling, reporting, and other approved forms of demonstration and may be included in DEQ’s PAP and CAP submittals as appendices or otherwise cited. These items are in addition to quarterly and final reporting requirements. Deliverable Due Priority plan supplements 12/1/2023 Comprehensive plan 8/1/2025 supplements Status report supplements 3/1/2027 Quarterly region Summer 2023 – Summer 2025 engagement meetings Semiannual region Fall 2025 – Fall 2027 meetings 46  Attending E&E Quarterly Intergovernmental Summer 2023 – Fall 2027 Coordination Meetings This letter does not waive, revoke, or modify any other requirement agreed to by DEQ or City of Fort Smith in MOA # CPRG-CFS-002. Sincerely, Demetria Kimbrough Associate Director, Office of Air Quality Division of Environmental Quality 5301 Northshore Dr. North Little Rock, AR 72118 47  3 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Eric Garvin, Acting Chief Human Resources Officer DATE: July 15, 2025 SUBJECT: Ordinance Establishing Pay Rates and Related Procedures for City Engineers SUMMARY Attached is an updated ordinance establishing pay rates and related procedures for engineers within the engineering departments (Civil and Utilities) and other City employees currently holding a professional engineering license. The recommended engineering pay structure, to become effective July 21, 2025, establishes a separate pay schedule for engineers within the engineering departments and other City employees currently holding a professional engineer license. The new pay schedule recognizes the specialized nature of their work and unique pay requirements when considering the market-based competition for hiring and retaining skilled project engineers. Funds for salary increases for existing employees holding the required professional engineer license are already incorporated into the 2025 budget. Please contact me if you have questions regarding this agenda item. ATTACHMENTS 1. Engineering_Salary_Ordinance_07222025.pdf 2. Appendix D - Engineering Pay Schedule.pdf Board of Directors Staff Report July 22, 2025 48  3 ORDINANCE NO. ____________ AN ORDINANCE ESTABLISHING PAY RATES AND RELATED PROCEDURES FOR CITY ENGINEERS BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, THAT: SECTION 1: Pay Rates for Engineering Employees A. Effective July 21, 2025, all certified professional engineers within the engineering departments (Civil and Utilities) shall be paid based on the pay grade ranges as shown in Appendix D for the remaining compensation year 2025. The compensation year is the period beginning on the first day of the first full pay period in April of the current year through the last day of the last full pay period that begins in March of the following year. B. Effective July 21, 2025, all certified professional engineers within the engineering departments (Civil and Utilities) hired by the City on or after July 21, 2025, will be offered the minimum rate of the pay range associated with the grade of the position offered; however, with approval of the Director, Human Resources and City Administrator, an applicant can be offered a different competitive market rate within the respective pay grade in an effort to hire highly qualified individuals. C. Effective July 21, 2025, current city employees holding a professional engineer license (PE) that may benefit the City from time to time in the course of their city-related work will be paid based on the pay grade ranges as shown in Appendix D for the remaining compensation year 2025. D. Performance evaluations will continue through 2025. SECTION 2: Additional Compensation for Non-Engineering Employees Holding a Professional Engineering (PE) License A. Effective July 21, 2025, employees hired by the City on or after July 21, 2025 working outside of the engineering departments (Civil and Utilities) who currently hold a Professional Engineering (PE) license in Arkansas may receive up to an additional 7% of base compensation. The consideration and approval of additional compensation for non-engineering employees holding a PE will be reviewed on a case-by-case basis by the Director, Human Resources and City Administrator. Licensure must be maintained, or additional compensation will be eliminated. 49  This Ordinance PASSED and APPROVED this day of July, 2025. APPROVED: ______________________ Mayor ATTEST: ______________________ City Clerk Approved as to Form: __________________________ No Publication Required 50  Appendix D City of Fort Smith Engineering Pay Schedule - 2025 (effective: 07/21/2025) Entry Midpoint Maximum Entry Midpoint Maximum Entry Midpoint Maximum E01 E03 E05 Annual $ 75,000.12 $ 83,333.38 $ 91,666.64 Annual $ 105,000.22 $ 116,666.68 $ 128,333.40 Annual $ 135,000.06 $ 150,000.24 $ 165,000.16 Bi-Weekly $ 2,884.62 $ 3,205.13 $ 3,525.64 Bi-Weekly $ 4,038.47 $ 4,487.18 $ 4,935.90 Bi-Weekly $ 5,192.31 $ 5,769.24 $ 6,346.16 Hourly $ 36.0577 $ 40.0641 $ 44.0705 Hourly $ 50.4809 $ 56.0897 $ 61.6987 Hourly $ 64.9039 $ 72.1155 $ 79.3270 E02 E04 E06 Annual $ 90,000.04 $ 100,000.16 $ 110,000.28 Annual $ 120,000.14 $ 133,333.46 $ 146,666.52 Annual $ 150,000.24 $ 166,666.76 $ 180,000.08 Bi-Weekly $ 3,461.54 $ 3,846.16 $ 4,230.78 Bi-Weekly $ 4,615.39 $ 5,128.21 $ 5,641.02 Bi-Weekly $ 5,769.24 $ 6,410.26 $ 6,923.08 Hourly $ 43.2693 $ 48.0770 $ 52.8847 Hourly $ 57.6924 $ 64.1026 $ 70.5128 Hourly $ 72.1155 $ 80.1282 $ 86.5385 Grade E01 - Project Engineer in Training (EIT) - Two (2) years previous engineering experience and registered as a Professional Engineer (PE) Intern in the State of Arkansas* Grade E02 - Project Engineer I - Two (2) years previous engineering experience and already be a registered Professional Engineer (PE) in the State of Arkansas* Grade E03 - Project Engineer II - Five (5) years previous engineering experience and already be a registered Professional Engineer (PE) in the State of Arkansas* Grade E04 - Senior Project Engineer - Seven (7) years previous engineering experience and already be a registered Professional Engineer (PE) in the State of Arkansas* Grade E05 - Department Deputy Director Engineer - Ten (10) years previous engineering experience and already be a registered Professional Engineer (PE) in the State of Arkansas* Grade E06 - Department Director Engineer - More than Ten (10) years previous engineering experience and already be a registered Professional Engineer (PE) in the State of Arkansas* * or able to become registered in the State of Arkansas within twelve (12) months of employment (Annual Amount based on 26 bi-weekly pay periods per year) (Bi-Weekly Amount based on 80 hours per bi-weekly period) 51  4 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Stan Snodgrass, Director Of Engineering DATE: July 16, 2025 SUBJECT: 2025 Sales Tax Program - Streets, Bridges and Associated Drainage Improvements Engineering Services Agreements SUMMARY This item includes the approval of engineering services agreements for the design of three projects detailed in the 2025 CIP. The 2025 Sales Tax Program for streets, bridges and associated drainage improvements will provide funding for the associated streets and storm drainage work. Included in this work is the rehabilitation of existing sanitary sewer. The sanitary sewer design will be consent decree work and will be funded by the 5/8% Sales and Use Tax. A project information summary providing specific details for each project along with location maps are also attached. The professional services qualifications on file with the City Clerk’s office were reviewed and a summary of the selected firms is also attached. The cost for the engineering services is set at a maximum not to exceed fee as noted on the resolution and payment will be based on hourly rates for the actual hours worked on the project. These projects align with the goals of the comprehensive plan policies FLU-1.4 (Ensure adequate, well-maintained infrastructure, public safety, and public facilities for all development and prevent development ahead of infrastructure and service provision), TI-4.1 (Continue to ensure that customers within Fort Smith have access to reliable water, sewer, drainage, solid waste services by reducing or eliminating deficiencies and gaps in infrastructure systems), TI- 4.2 (Ensure that utility and infrastructure systems can meet the city's long-term needs) and NCR-2.6 (Reduce stormwater runoff and flooding). The attached Resolution authorizes the Mayor to execute these engineering services agreement for the design services. I recommend that the Resolution be adopted by the Board at the next regular meeting. Board of Directors Staff Report July 22, 2025 52  ATTACHMENTS 1. 2025_ESAs_Part_2_Resolution_0072225.pdf 2. 2025 ESAs Part 2 Exhibits 072225.pdf 3. 25-03-B Hawkins Weir Engineers Agreement $291,250.00 7-22-25.pdf 4. 25-03-C Brixey Agreement $402,000.00 7-22-25.pdf 5. 25-03-D Mickle Griffin Agreement $535,460.00 7-22-25.pdf FISCAL IMPACT: $1,228,710.00 BUDGET INFORMATION: Budgeted / Engineering - Sales Tax Program Board of Directors Staff Report July 22, 2025 53  4 RESOLUTION NO. ___________ A RESOLUTION AUTHORIZING ENGINEERING SERVICES AGREEMENTS FOR THE DESIGN OF PROJECTS IN THE 2025 STREETS, BRIDGES AND ASSOCIATED DRAINAGE SALES TAX PROGRAM BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: The Mayor is authorized to execute engineering services agreements for the design of the following projects in the 2025 Streets, Bridges and associated Drainage Sales Tax Program utilizing the one cent sales tax proceeds. Project No. Description Engineering Firm Maximum Fee 25-03-B Street Overlays/Reconstruction Hawkins-Weir Engineers $291,250.00 Phase B Fort Smith, AR 25-03-C Street Overlays/Reconstruction Brixey Engineering $402,000.00 Phase C Fort Smith, AR 25-03-D Street Overlays/Reconstruction Mickle Griffin. LLC $535,460.00 Phase D Fort Smith, AR SECTION 2: Payment for engineering services authorized by Section 1 is hereby authorized from the Sales Tax Fund (1105). This Resolution adopted this __________ day of July, 2025. APPROVED: ______________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to Form: ______________________________________ No Publication Required 54 55 56 57 58  PROJECT INFORMATION SUMMARY Project No. 25-03-B Street Overlays / Reconstruction, Phase B Design Engineer: Hawkins-Weir Engineers, Fort Smith, AR This project includes the overlay/reconstruction of 2.9 miles of streets. The project also includes planned Consent Decree utility work for 7,738 linear feet sanitary sewer lines and 60 manholes which needs to be completed prior to the street resurfacing. A map showing the location of the proposed street and sewer work is attached. The total cost for the engineering services agreement is $291,250 which consists of $150,900 for the street overlay design work and $140,350 for the sanitary sewer utility design work. The cost for the work on the sanitary sewer lines and manholes will be reimbursed to the street sales tax fund from the utility department once the project is complete. The preliminary construction cost is $2.6 million for the street overlay work and $1,160,700 for the sanitary sewer utility work. Project No. 25-03-C Street Overlays / Reconstruction, Phase C Design Engineer: Brixey Engineering, Fort Smith, AR This project includes the overlay/reconstruction of 3.1 miles of streets. The project also includes planned Consent Decree utility work for 11,536 linear feet sanitary sewer lines and 100 manholes which needs to be completed prior to the street resurfacing. A map showing the location of the proposed street and sewer work is attached. The total cost for the engineering services agreement is $402,000 which consists of $152,000 for the street overlay design work and $250,000 for the sanitary sewer utility design work. The cost for the work on the sanitary sewer lines and manholes will be reimbursed to the street sales tax fund from the utility department once the project is complete. The preliminary construction cost is $2.9 million for the street overlay work and $1,730,400 for the sanitary sewer utility work. Project No. 25-03-D Street Overlays / Reconstruction, Phase D Design Engineer: Mickle Griffin, LLC, Fort Smith, AR This project includes the overlay/reconstruction of 3.0 miles of streets. The project also includes planned Consent Decree utility work for 13,901 linear feet sanitary sewer lines and 142 manholes which needs to be completed prior to the street resurfacing. A map showing the location of the proposed street and sewer work is attached. The total cost for the engineering services agreement is $535,460 which consists of $187,528 for the street overlay design work and $347,932 for the sanitary sewer utility design work. The cost for the work on the sanitary sewer lines and manholes will be reimbursed to the street sales tax fund from the utility department once the project is complete. The preliminary construction cost is $2.8 million for the street overlay work and $2,085,150 for the sanitary sewer utility work. 59 ENGINEERING SERVICES AGREEMENTS CONSULTANT SELECTION ‐ 2025 CAPITAL IMPROVEMENTS PROGRAM Project No. Description Selected Firm Qualified Firm Qualified Firm 25‐03‐B Street Overlays / Reconstruction, Phase B Hawkins Weir Brixey Mickle Griffin 25‐03‐C Street Overlays / Reconstruction, Phase C Brixey McClelland Garver 25‐03‐D Street Overlays / Reconstruction, Phase D Mickle Griffin Halff McClelland Determination of the selected firm based upon review of consultant qualifications statements on file in the City Clerk's office, considering experience with respect to the type of services required, capacity and capability to perform the work, past record of performance and familiarity with the area in which the project is located. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168  5 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: July 8, 2025 SUBJECT: Easements for Project 23-19 C1 & C4, SSA Remedial Measures, Sub-Basins MC07, P004, S006, Z001 SUMMARY A Sanitary Sewer Assessment (SSA) was completed in 2016-2017 to identify NASSCO 4-5 rated pipes and manholes throughout various sub-basins in the city. As required to bring the City into compliance with the Consent Decree, the Board has approved multiple construction contracts to rehabilitate/replace those pipes/manholes identified by the SSA. As part of the ongoing construction listed below are permanent sewer utility easements and a temporary construction easement needed from Union Pacific Railway Company and Patriot Rail Transportation Company LLC: Crossing No. Location Appraised Value 23-19-C1 crossing at US 1 $1,000.00 Highway 71 South 23-19-C4 crossing at East of 2 $400.00 92nd Street Point repair temporary construction easement 3 $100.00 adjacent to 5501 South 24th Street In the event the named landowner declines to grant the easements, staff recommends the city attorney be allowed to move forward under eminent domain to obtain the needed easements. Daily & Woods notified Union Pacific Railway Company and Patriot Railway Company LLC by letter of our intention and the date of the board meeting. A copy of the letter is included for reference. Because of the project's scheduling, staff recommends approval of the attached Resolution, which includes authorizing the city administrator and city attorney to proceed with eminent domain actions to acquire the needed sewer line easements if the landowner declines to accept the city's offer. As always, representatives of the city will continue to negotiate with the property owners to reach a mutually agreeable settlement. Board of Directors Staff Report July 22, 2025 169  This project aligns with the goals of the comprehensive plan policy TI5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs.) Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 7-22-2025_Item_ID_1962_Resolution_Utilities.pdf 2. 7-22-2025 Item ID 1962 Attachments Utilities.pdf 3. 7-22-2025 Item ID 1962 Attachment 2 Utilities a.pdf FISCAL IMPACT: $1,500.00 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report July 22, 2025 170  5 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING ACQUSITION OF PERMANENT SEWER UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT FOR CONSENT DECREE LINE REPAIR PROJECTS BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The following appraised values for the acquisition of two sewer utility easements for the construction and maintenance of Project Numbers 23-19-C1 and 23-19-C4 sewer lines and a temporary construction easement for sewer line point repair are hereby approved, and acquisition of the easements for the amounts listed is hereby authorized. Owner Appraised Value Union Pacific Railway Company and Patriot Rail Transportation Company LLC (1) Project No. 23-19-C1 crossing at US Highway 71 South $1,000.00 (2) Project 23-19-C4 crossing at East of South 92nd Street $400.00 (3) Point repair temporary construction Easement adjacent to 5501 South 24th Street $100.00 SECTION 2: The City Administrator, or his designated agent, and the City Attorney are hereby authorized to acquire the easements for the above listed amount. 171  SECTION 3: In the event the easements and access permit cannot be acquired by negotiation, the City Administrator and the City Attorney are hereby authorized to commence eminent domain proceedings to obtain the necessary easements described in Section 1 and deposit just compensation of the appraised values listed in Section 1. The funding source is the 5/8% Sales and Use Tax dedicated to Consent Decree projects. THIS RESOLUTION ADOPTED THIS DAY OF , 2025. APPROVED: _______________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: ____________________________________NPR City Attorney 172  Crossing Number 1 Location – WARD 4: East side of Highway 71 across from Breeden Dodge. Close up of Subject Tract. 173 Proposed Easement and Work. This will be a bore. Sewer Line Easement Description that was provided to Appraiser. PROPOSED SEWER LINE EASEMENT The permanent easement acquisition is for the proposed sewer line. The appraiser has not been provided with a legal description of Exhibit of the proposed easement. Appraiser was told the easement will be 10’ wide and the length of the railroad right-of-way which equates to +/- 1,000 SF. The location of the easement was provided via an aerial which is shown on the following page. 174  Crossing Number 2 Location – WARD 4: Northwest of Peak Innovation Center. Close up of Subject Tract. 175 Proposed Easement and Work. This will be a bore. 176 Sewer Line Easement Description that was provided to Appraiser. PROPOSED SEWER LINE EASEMENT The permanent easement acquisition is for the proposed sewer line. The appraiser has not been provided with a legal description of Exhibit of the proposed easement. Appraiser was told the easement will be 10’ wide and the length of the railroad right-of-way which equates to +/- 1,000 SF. The location of the easement was provided via an aerial which is shown on the following page. 177 Crossing Number 3 Location – WARD 4: East side of South 24th Street on the Murphy USA property. Close up of Subject Tract. 178 Proposed Easement and Work. This is an open cut. Temporary Construction Easement Description that was provided to Appraiser. A small area on the railroad right-of-way is needed for the repair of a sanitary sewer line on an adjacent property. The City has orally instructed the appraiser to consider a 5’ x 15’ Temporary Construction Easement on portions of the north railroad right-of-way being a strip 5’ deep into the right-of-way and parallel and adjacent to the north right-of-way line. The total easement area will be +/- 75 SF. This easement is only temporary and a market value estimate before and after is not required. Appraiser has been asked to use a maximum construction time of one year. The use of the easement will not be for a full year but one year is used since the timing and length of use is unknown 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200  6A MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Chris Hoover, Grants & Government Relations Manager DATE: July 14, 2025 SUBJECT: Formal Adoption of the City of Fort Smith Grants Policy SUMMARY During the January 7, 2025 regular meeting of the Fort Smith Board of Directors Director Kevin Settle and Director Jarred Rego requested that a discussion occur regarding the establishment of a City of Fort Smith Grants Policy during a future study session. During the June 10, 2025 study session city staff brought before the board a proposed grants policy and a favorable discussion occurred. Once completed Director Settle made a motion to place on the July 22, 2025 regular board meeting the adoption of the Fort Smith Grants Policy with Director Christina Catsavis seconding the motion. There are three sections that were added to the proposed policy that were not discussed at the study session. They include a section regarding the role of internal audit, a section regarding the City of Fort Smith Transit Department, and a section regarding the Community Development department. All other sections remain the same. ATTACHMENTS 1. Item_1919_Resolution_2025-07-22.pdf 2. Fort Smith Grant Policy-Under Consideration Version2.0.docx 3. Appendix A1.pdf 4. Appendix A2.pdf Board of Directors Staff Report July 22, 2025 201  6A RESOLUTION NO._____ A RESOLUTION FORMALLY ADOPTING GRANT POLICIES AND PROCEDURES FOR THE CITY OF FORT SMTH WHEREAS, the Fort Smith Board of Directors expressed the desire for the City of Fort Smith to have a formal Grant Policy and Procedures guide; and WHEREAS, the Board of Directors understands that future changes to the Grant Policies and Procedures guide may need to occur and, if so, will brought forth before the Board of Directors for formal adoption; and WHEREAS, the Board of Directors understands that application to grant programs does not guarantee award; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Grant Policies and Procedures for the City of Fort Smith, incorporated herein by reference, is hereby adopted. This Resolution adopted this _____day of _______________, 2025. APPROVED: __________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to form: __________________ City Attorney 202  City of Fort Smith Grant Policy and Procedures April 2025 Prepared by: Chris Hoover Grants & Government Relations Manager 203  Grant Management Policy and Procedures Table of Contents Section 1: Purpose, Definitions, and Types 1.1: Purpose 1.2: Grant Definitions 1.3: Grant Types Section 2: Roles and Responsibilities 2.1: Board of Directors Section 3: Grant Life Cycle Section 4: Grant Pre-Award Process 4.1: Project and Program Development 4.2: Grant Search and Application Preparation 4.3: Application Formulation and Submittal 4.4 Federal and State Applications 4.5 Foundation, Philanthropic, and all other NGO Applications Section 5: Grant Post Award Process 5.1: Award Notification, Review, and Acceptance Procedures 5.2 Implementation and Oversight 5.3 Grant Reporting 5.4 Grant Closeout Section 6: Grant File Retention and Access 6.1: Grant File Retention 6.2 Grant File Access Section 7: Capital Asset Tracking Section 8: Single Audit Requirements Section 9: Internal Audit Section 10: Letters of Support Section 11: Considerations of the Fort Smith Transit Department Section 12: Considerations of the Fort Smith Community Development Department Appendix Section A1: Appendix B-Award Development, of FTA Circular 5010.1.F 2 204  Grant Management Policy and Procedures Section 1: Purpose, Definition, and Types 1.1: Purpose The purpose of this policy is to establish a framework for guiding the City of Fort Smith’s seeking, use, and management of grant monies/resources, ensuring consistent application by City departments, and ensuring compliance with the 2 Code of Federal Regulations Part 200 (2 C.F.R. Part 200) (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as well as all applicable federal, state, and local regulations. 1.2: Definition Grant-A grant is an opportunity to advance the mission of an organization with an investment from local, corporate, community, state, or federal dollars. 1.3: Grant Types Discretionary Grants: A grant (or cooperative agreement) for which the federal awarding agency generally may select the recipient from among all eligible recipients, may decide to make or not make an award based on the programmatic, technical, or scientific content of an application, and can decide the amount of funding to be awarded. Block Grants: A broad, intergovernmental transfer of funds or other assets by the U.S. Congress to state or local governments for specific activities. Block grants are distributed according to legal formulas defining broad functional areas such as health, income security, education, or transportation. They are used for a variety of activities, largely at the recipient’s discretion, and can include a wide range of government programs under one funding umbrella. Continuation Grant: A continuation grant provides additional funding for budget periods subsequent to the initial budget period. Also referred to as a “renewal grant.” Corporate Grant: A grant made by a corporation. Foundation Grant: A grant made by a philanthropic foundation. Pass Through Grant: Funds issued by a federal agency to a state agency or institution that are then transferred to other state agencies, units of local government, or other eligible groups per the award eligibility terms. The state agency or institution is referred to as the "prime recipient" of the pass-through funds. The secondary recipients are referred to as "subrecipients." The prime 3 205  Grant Management Policy and Procedures recipient issues the subawards as competitive or noncompetitive as dictated by the prime award terms and authorizing legislation. Formula Grant: A grant that a federal agency is directed by Congress to make to grantees, for which the amount is established by a formula based on criteria written into the legislation and program regulations. This funding is directly awarded and administered in the federal agency’s program offices. Earmark: Refers to a provision in legislation requiring that a portion of a certain source of revenue be designated for specific projects, usually at the request of a legislator. Typically, the City submits requests for projects to the legislature member, who seek to obtain funds for those requests, usually to be spent in the district the legislator represents. 4 206  Grant Management Policy and Procedures Section 2: Roles and Responsibilities 2.1: Board of Directors  Review, approve, and periodically update the city's grants management policies and procedures to ensure alignment with legal, regulatory, and funding requirements.  Approve and periodically review the city's grant strategy to align with community priorities, strategic goals, and the city's long-term vision.  Oversee the process of reviewing and selecting grant proposals, ensuring alignment with city priorities and efficient allocation of funds.  Determine or approve the allocation of funds for different projects and initiatives based on city priorities and available resources including any match that may be required.  Ensure that information about the city's grants and grant processes is made publicly available, promoting transparency and public trust.  Approve an annual report on the city's grants, summarizing awards, outcomes, and financial performance, and ensure it's published in an accessible format for the public.  Proactively recommend changes or improvements to policies and procedures to streamline the grant management process and increase efficiency. 5 207  Grant Management Policy and Procedures Section 3: Grant Lifecycle The Grant Lifecycle is comprised of three main phases: the pre-award process, post-award process, and closeout/retention The City of Fort Smith will utilize the following process for all grant applications and awards. Award Notification, Internal Review, Administration of Project & Program Board Approval, Award and Development and Grant Reporting Agreement Grant Search & Application Application Grant Closeout Preperation Submittal Board of Application Directors Approval & Record Retention Formulation & Resolution Period Review (if applicable) 6 208  Grant Management Policy and Procedures Section 4: Grant Pre-Award Process 4.1 Project/Program Development Before seeking grant funds, a project or program should be clearly defined. Ideally, the project should align with the City's strategic plans or support specific city functions or departmental goals. Careful planning of the project before pursuing funding is crucial. Once a Notice of Funding Opportunity (NOFO) is posted, the usual application submission window is between 8-12 weeks. Having a well-prepared project or program will help alleviate the stress of grant application preparation when funding opportunities arise. Having projects that are shovel ready or near shovel ready are preferred. The following are questions to consider when developing a project:  What is the desired outcome or final product of the project/program?  Are the goals and objectives realistic, achievable, and measurable?  What steps are required to reach the desired outcomes?  Have similar projects or programs been previously implemented by other departments?  If applicable, are there existing funds or programs that can be used for leverage or matching purposes?  Will additional staff be needed to support the project/program? If so, will the grant fund the position, or should the position be included in the department budget request?  Will the project/program require partnerships with external organizations? If so, has the organization been contacted to gauge interest, and is there a formal agreement in place with the partners?  What is the estimated cost of the project/program?  For construction projects have cost overruns and inflation been taken into account when building the budget? Has a cost overrun plan been created?  Does the grant cover the full implementation cost, or will the cost outweigh the benefits of the grant?  Is the project/program intended to be temporary or permanent?  If the project/program is permanent, is there a plan for ongoing funding once the grant period ends?  What citizen input has been obtained and is there enough sufficient data to justify this in a grant application 7 209  Grant Management Policy and Procedures 4.2 Grant Search and Application Preparation There are numerous grant resources available for the City of Fort Smith to utilize. Grants can come from various sources, including federal and state agencies, foundations, and private organizations. Regardless of the funding source, the grant must align with the objectives set by that particular entity. Once a Notice of Funding opportunity (NOFO) or Funding Opportunity Announcement (FOA) has been identified for a proposed project/program, the most important thing is to read the entire NOFO or FOA as soon as possible. Things to identify up front before starting the preparation are:  Grantee eligibility  Funding goals, priorities, and ceilings.  Letter of intent (if applicable)  Submission deadline  Matching requirements  Letters of support or commitment  Partnership requirements  Grantor points of contact 4.3 Application Formulation & Submittal Once a project is identified and a potential grant opportunity is found, city departments will collaborate with the Grants Manager and Grants Administrator to formulate an application and ensure all requirements are met prior to submitting an application for approval. In some cases, external third parties, such as engineering firms and the planning and development district, may assist the city in developing the application. As the application nears completion, it will be reviewed and approved by the Department Head before being submitted to the Grants Manager and Grants Administrator for further review. Once they determine the application is ready to proceed, it will be presented to the City Administrator. The City Administrator will then assess whether the application requires revisions, whether it is ready for submission, or if a resolution from the Board of Directors is required. Each grant application will be reviewed and analyzed for the following considerations: A. Financial  Total anticipated project cost  Matching requirements and sources 8 210  Grant Management Policy and Procedures  Project income considerations  Staffing requirements  Cash flow needs  A continuation plan for sustaining the program after expiration of grant funds (if applicable) B. Programmatic  Alignment with City strategic priorities and department’s mission  Provision or expansion of services to address critical needs and core services  Capacity to administer the financial and administrative aspects of the grant  Consideration of potentially political or conflict of interest issues  Have other city departments been contacted regarding the project and have their applicable department heads been notified. Departments with applications that meet any of the following criteria will be required to go before the Board of Directors for approval and have a resolution passed prior to submission.  Grants that require any type of match  Grants that require any type of plan  Any projects seeking funding that require construction  Grants that require any type of partnership or subaward agreement  Grants that require any type of Memorandum of Understanding (MOU)  Any application that is seeking over $75,000  Grant that requires a change in city policy 4.5 Federal and State Gant Applications The Mayor/Top Elected Official, City Administrator, Grants Manager, Grants Administrator, and Deputy City Administrator(s) are the only city employees who can submit an application to a federal or state agency. However, if working with the Planning & Development District on an application, the Planning and Development District can submit an application on behalf of the City of Fort Smith. 4.6 Foundation, Philanthropic, and All Other NGO Applications The Mayor/Top Elected Official, City Administrator, Grants Manager, Grants Administrator, Deputy City Administrator (s), and Department Heads are the only city employees who can submit an application to a foundation, philanthropic organization, and all other NGOs. However, if working with the Planning & Development District on an application, the Planning & Development District can submit an application on behalf of the City of Fort Smith. 9 211  Grant Management Policy and Procedures Section 5: Grant Post-Award Process 5.1 Award Notification, Review, and Acceptance Procedures After a notification of Award an internal review process will take place. This review involves: Grant Agreement Review:  The City Administrator, Department Head, Grants Manager, and City Attorney will carefully review the grant agreement. This includes examining the scope of the grant, timelines, eligibility requirements, and any special conditions attached to the funding.  This will ensure compliance with legal obligations, including any regulations tied to the grant. Budget Review:  The City Administrator, Department Head, Grants Manager, Grants Administrator, and Finance Director will review how the grant funds will be used and ensure that there are no conflicts with the city’s budget or financial policies.  The Finance Department will review whether the grant needs to be incorporated into the city’s official budget, particularly for larger grants. Staff and Resource Availability:  The City Administrator, Department Head, and Grants Manager will assess whether the city still has adequate staff and resources to manage and complete the project funded by the grant.  This may involve coordinating with other departments or external contractors to make sure the grant will be successfully implemented. Following the completion of the review process and the determination by the City Administration to proceed with the grant agreement, notification of the grant award will be provided to the Board of Directors. The Department Head will then present a resolution to the Board of Directors, seeking formal acceptance of the grant award and authorization to enter into the grant agreement. 5.3 Grant Reporting Most grants include reporting requirements to ensure the proper expenditure of grant funds, as well as an evaluation of the project's outcomes and adherence to the established timeline. The 10 212  Grant Management Policy and Procedures Grant Manager, Grant Administrator, and Department Head are responsible for ensuring that reports are submitted in a timely and accurate manner. 5.4 Grant Closeout Grant closeout is the process by which the City performs all necessary administrative and financial actions to satisfactorily complete all requirements set forth in the grant agreement and generally addresses the physical completion of work and the administrative requirements for closeout. Best Practices  90 days prior to the end of a project or grant agreement, determine if an extension would be needed from the grantor in order to complete the project.  Notify all sub-recipients, contractors, subcontractors to submit final invoices.  Reconcile revenues and expenses prior to the last request for payment to grantor. Coordinate with finance department for a final reconciliation prior to preparation of the closeout report to the grantor.  Review the terms of the award and ensure that all deliverables are submitted by the designated due dates including final progress/technical reports.  Submit copies of the closeout report to the finance department. 11 213  Grant Management Policy and Procedures Section 6: Grant File Retention and Access 6.1 Grant File Retention Unless otherwise specified in any grant agreement, the City of Fort Smith will maintain all grant records for five years following grant closeout. This five year start date will begin January 1st of the next fiscal year. If any litigation, claim, negotiation, audit, or other action involving grant records has been started before the expiration of the retention period, the records must be retained until completion of the action and resolution of all issues which rise from it, or until the end of the applicable retention period, whichever is later. 6.2 Grant File Access The City of Fort Smith will post on its website every grant application that is submitted regardless of department or monetary amount. This will also include applications that may be submitted by the Planning and Development District. Additionally, awarded grants with grant agreements and their affiliated reports will be posted to the website as milestones are met. While grant awards are open and being reported on grant files will be maintained by the department that is pursuing the grant. Once closeout is complete grant files will then be transferred to the finance department for the length of the 5 year retention period or longer period based on the grant agreement.  Typical documentation preserved in grant files shall include, as appropriate:  A copy of the application and any other documents required for submittal  Statistical and other information used in preparation of and support of the grant  Award (award letter, agenda item, resolution, grant agreement, grant amendments, modifications, extensions, cancellations and termination and anything else related to the award)  Finance (account set up, purchase orders, invoices, RFQs/RFPs, bids, etc..)  Reports (reports to granting entity and evaluation components) 12 214  Grant Management Policy and Procedures Section 7: Capital Asset Tracking Assets acquired with grant funds must be documented and retained in accordance with the records retention requirements specified in the grant agreement or the City’s file retention policy, whichever provides the longer retention period. These documents include but are not limited to: -Purchase Orders (PO) -Invoices -A bill of lading or shipment documentation containing item description, date purchased, cost, make, model, serial number and location of asset -Grant asset log per grant -Photo(s) of each item All equipment and supplies funded through the grant must be inventoried annually, or as stipulated by the terms and conditions of the grant agreement, reporting requirements, or applicable agency regulations. In the event that any asset purchased with grant funds is damaged, destroyed, or rendered unusable, immediate notification must be provided to the Grants Manager, Grants Administrator, and the relevant Department Head. The records for property and equipment acquired with the support of Federal funds must be retained for three years after final disposition unless otherwise specified in the grant agreement. 13 215  Grant Management Policy and Procedures Section 8: Single Audit Requirements The City is subject to the financial and compliance requirements of the 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Subpart F. This section sets standards for obtaining consistency and uniformity among Federal Agencies for the audit of non-federal entities expending Federal Awards. Should the City expend $1,000,000 or more during the City’s Fiscal year in Federal Awards, the City must have a single or program-specific audit conducted for that year in accordance to the provisions of subpart F. The single audit must meet the requirements as listed in subsection 200.512 – Report submission. Section 9: Internal Audit Oversight The City of Fort Smith Internal Audit Department reserves the right to audit any grant awarded to the City of Fort Smith, irrespective of the granting agency or funding source. Such audits shall be conducted to assess compliance with the terms and conditions set forth in the applicable grant agreement(s). Doing so will allow for internal oversight and compliance verification. Section 10: Letters of Support The Grants Manager will work with the Government Relations Manger to obtain all letters of support needed for an application. 14 216  Grant Management Policy and Procedures Section 11: Considerations of the Fort Smith Transit Department In order to receive funding from the U.S. Department of Transportation (USDOT), and specifically the Federal Transit Administration (FTA), the City of Fort Smith Transit Department must comply with regulations set forth by USDOT to retain funding. The Fort Smith Board of Directors understands, through the adoption of the City of Fort Smith Grant Policies and Procedures, that the transit department has department specific grant management procedures that have been vetted and approved through triennial reviews by USDOT and may go outside the boundaries set forth in this document. Section A1 at the end of the City of Fort Smith Grant Policies and Procedures Manual is Appendix B: Award Development, of FTA Circular 5010.1.F, which outlines the process established by the DOT-FTA in completing applications for funding. 15 217  Grant Management Policy and Procedures Section 12: Considerations of the Fort Smith Community Development Department The Community Development department is funded through the United States Department of Housing and Urban Development via the Community Development Block Grant (CDBG) and HOME Investment Partnership Program. The CDBG program is a federal initiative that provides annual grants to states and local governments to support community development activities that benefit low-to-moderate income individuals and communities. Funds are allocated to local governments based on a formula that considers factors like population, poverty, and housing conditions. Because funding for the Community Development Block Grant originates with Congress, its use is governed first and foremost by federal law and HUD’s own regulations. These funds cannot be spent on uses outside of this scope. When accepting a CDBG award, a legally binding agreement to administer those funds in strict compliance with the federal rules-covering everything from eligible activities, environmental reviews, fair housing requirements, citizen participation, to procurement, labor standards, and financial management. CDBG and HOME Funds are subject to several layers of auditing to ensure compliance with federal regulations. The City of Fort Smith Department of Internal Audit also has the right to audit the community development department at anytime which provides for oversight at the local level. Section A2 at the end of the City of Fort Smith Grant Policies and Procedures Manual is Section VII Monitoring and Documentation of the Fort Smith Policies and Procedures Manual for CDBG & HOME, which outlines the auditing practices that the community development department performs in regards to agencies that receive funding from awarded funds to the city. 16 218 Grant Management Policy and Procedures Appendix A1 Appendix A1.pdf Appendix A2 Appendix A2.pdf 17 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238  VII. Monitoring and Documentation A. Monitoring by City 1. Purpose The City CDD staff will conduct an on-going monitoring process in order to review the programmatic and financial aspects of the Subrecipient’s and CHDO activities. The CDD staff will review monthly intake forms submitted by Public Service providers as a Subrecipient for compliance with federal regulations regarding use of federal funds and the implementation of the program, project or activity. Development projects will be reviewed on at least a quarterly basis along with the Request for Funds submitted by the subrecipient or CHDO. The monitoring process is oriented towards resolving problems, offering technical assistance and promoting timely implementation of projects. To this end CDD staff may require corrective actions of the Subrecipient or CHDO. Following are examples of significant problems which will trigger corrective action by the Subrecipient or CHDO: a. Service(s) is/are not documented. b. Goal(s) is/are not being met. c. Project files not in order. d. Complaints by clients. e. Required reports not being submitted in a timely manner. 2. Monthly/Quarterly Programmatic Monitoring a. All HOME Subrecipients and CHDOs will submit a quarterly report (See “Quarterly Housing Development Report” attached hereto as Exhibit “H”) detailing the implementation and administration of the activity, program or project. The quarterly programmatic report is due by the 10th calendar day of the following end of the quarter (January 10, April 10, July 10, October 10) and shall include the following: 1) Progress in meeting the Scope of Service in the Agreement. 2) Changes in staff or Board of Directors. 3) Problems encountered and steps taken to resolve them. 4) Other general information as appropriate. Fort Smith Policies and Procedures Manual – CDBG & HOME Page 49 Revised 6/22/23 239  5) If a Subrecipient’s or CHDO’s project involved the creation of or placement of clients within housing units, the “HOME Beneficiary Information Form” attached hereto as Exhibit “J ” must be submitted within 20 days of closing. b. A monthly “Monthly Intake Information Form” for General and Public Service Projects attached hereto as Exhibit “I”. There are four forms, each is for 1) Extremely Low Income, 2) Very Low Income, 3) Low Income and 4) Presumed Beneficiaries. For Presumed Beneficiaries, an agency official must complete the Certification of Client Served (Exhibit “K”) and properly identify the client category in the noted income level and transmit to the City CDD. A beneficiary will be counted only once during the program year regardless of the number of units of service provided during the program year. This report shall identify the income, ethnicity and household status of clients receiving CDBG assistance within the reporting period. CDBG Subrecipients may also report on “Units of Service” provided; for example: nine hours of day care may be a service unit or a one hour case management session for a homeless person may be a unit of service. Unit of service definitions must be included with the report. The report shall be submitted by the 10th of the month. Alternatively, Public Service Subrecipients may report this information in ZoomGrants. c. Reports not submitted on time or behind will cause future reimbursements to be withheld until the agency is current. d. The CDD staff will perform financial and accounting status of the activity, program or project by the Requests for Payments submitted or by ZoomGrants. The Request for Payment form is attached hereto as Exhibit “B” for General and Public Service Projects and Exhibit “D” for Housing Development Projects. Additionally, the CDD staff will analyze IDIS reports from the HUD Computer System to determine if projects are on schedule. 3. On-Site Visits Based on monitoring results, the CDD staff may hold discussions with subrecipients or CHDOS whose performance does not appear to be sufficient to meet the goals and achievements as outlined in the agreement. An on-site visit may occur to discuss the service activity shortfall. Fort Smith Policies and Procedures Manual – CDBG & HOME Page 50 Revised 6/22/23 240  An on-site visit may also be conducted in order to ascertain that the eligible clients for whom the program or project was intended are being served and that in the event of an audit, the required client information is being maintained. 4. Non-compliance The CDD staff may recommend corrective action to be taken by the City of Fort Smith Board of Directors should other efforts at obtaining compliance be ineffective. B. Client Documentation by Subrecipient or CHDO Each Subrecipient or CDHO is required to maintain documentation on clients benefitting from activities, program or projects funded through the City’s CDBG and/or HOME programs. As a condition of the HUD grant, the City, and in turn the Subrecipient or CHDO, must certify that low and moderate income persons are being served. HUD also requires information on the race and ethnic background of the clients, how many are female heads of households their residency in the City and how many are very-low income. City CDD staff and HUD must also have access to the names of the clients. Any information regarding applicants for services funded through federal monies shall be held in strict confidence. 1. Required Documentation All subrecipients shall obtain and maintain the following information on each client served: a) Client name and address b) Gender c) Ethnicity/Race d) Head of household status e) Income (with copies of source documents) This information (except income documents) shall be submitted in summary on the appropriate income forms “Monthly Intake Information Form” for General and Public Service (Exhibit “I”). If the entity does not have a client application form that covers this information, please contact CDD staff and a general version will be provided to your agency. Sample application forms for both programs are available from the CDD. A person will be counted one time during the program year regardless of the number of service units. Housing clients shall be reported individually by completing the “HOME Beneficiary Information Form” attached hereto as Exhibit “J” and must be submitted within 20 days of closing. 2. Exceptions to Maintaining Required Income Documentation The following categories of clients are considered to be “Presumed Beneficiaries”. To be counted appropriately, the agency must complete the “Certification of Clientele Served” Exhibit “K” and submit it with the first monthly report. Fort Smith Policies and Procedures Manual – CDBG & HOME Page 51 Revised 6/22/23 241  Income documentation is not required for the following client types: a. Clients of a domestic violence shelter b. Seniors 62 years of age or older c. Persons with recognized disabilities (a lengthy definition is available, please contact the CDD Director) d. Homeless persons e. Illiterate adults f. Persons with AIDS g. Migrant Farm Workers All other documentation is required. Fort Smith Policies and Procedures Manual – CDBG & HOME Page 52 Revised 6/22/23 242  6B MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Chris Hoover, Grants & Government Relations Manager DATE: July 14, 2025 SUBJECT: Arkansas Community Assistance Grant Program - Rehabilitation of Creekmore Park Tennis Courts SUMMARY On May 19, 2025 Arkansas Governor Sarah Huckabee Sanders and the Arkansas Economic Development Commission announced the creation the Arkansas Community Assistance Grant Program (CAGP) with an initial $15 million allocation from the Arkansas Legislative Council to fund the program. CAGP is intended to provide grant funds to cities, counties, and non-profit organizations of the State of Arkansas for eligible community and economic development projects and eligible non-profit organization projects. The Rehabilitation of Creekmore Park Tennis Courts aligns with the grant requirements, is a needed project, and matching funds are available through the 1/8% Sales and Use Tax for parks capital projects. This project will consist of the resurfacing of the top four (4) courts, reconstruction of the bottom (4) courts to a concrete base rather than retain an asphalt base, replacement of the fencing and windscreens, addition of spectator seating on the east side of the courts, and conversion of the antiquated lights to LED fixtures. This grant comes at an 80% state participation and 20% local participation rate. With the state participation (80%) being $893,600 and the local match (20%) being $223,400 for a total project cost of $1,117,000. This grant program is in alignment with the comprehensive plan policy NCR-1.1 (Promote and establish regional support for Fort Smith Parks and Recreation through agreements, user fees, programs, and grant applications). ATTACHMENTS 1. 7-22-25_Item_ID_1965_Resolution.pdf 2. 7-22-25 Item ID 1965 Site Plan.pdf GRANT AMOUNT: $893,600 GRANT NAME: Arkansas Community Assistance Grant Progrram GRANT AGENCY: Arkansas Economic Development Commission Board of Directors Staff Report July 22, 2025 243  6B RESOLUTION NO._____ A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SUBMIT AN APPLICATION TO THE ARKANSAS COMMUNITY ASSISTANCE GRANT PROGRAM THROUGH THE ARKANSAS ECONOMIC DEVELOPMENT COMMISSION WHEREAS, the City of Fort Smith understands that Arkansas Community Assistance Grant Program Funds are available through the Arkansas Economic Development Commission; and WHEREAS, the City of Fort Smith understands the Arkansas Community Assistance Grant Program requires a 20% local match of any awarded grant funds; and WHEREAS, the City of Fort Smith has determined the Rehabilitation of Creekmore Park Tennis Courts meets the eligibility requirements necessary to apply for a grant under the Arkansas Community Assistance Grant Program; and WHEREAS, the City of Fort Smith desires to make application to the Arkansas Community Assistance Grant Program for the Rehabilitation of Creekmore Park Tennis Courts for an amount of $893,600.00; and WHEREAS, the Board of Directors understands acceptance of funding through the Arkansas Community Assistance Grant Program requires the appropriation of matching funds in the amount of $223,400.00; and WHEREAS, matching funds in the amount of $223,400.00 will be appropriated from the 1/8% Sales and Use Tax for parks capital projects; and WHEREAS, the Fort Smith Board of Directors understands that an application does not guarantee funds will be awarded. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Mayor is hereby authorized to submit a grant application to the Arkansas Community Assistance Grant Program through the Arkansas Economic Development Commission for the purpose of securing state grant funds in the amount of $893,600.00 for the Rehabilitation of the Creekmore Park Tennis Courts. 244  This Resolution adopted this _____day of _______________, 2025. APPROVED: __________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to form: __________________ City Attorney 245 Rehabilitation of Creekmore Park Tennis Courts Site Plan 246  6C MEMORANDUM TO: Honorable Mayor & Members of the Board of Directors FROM: Jeff Dingman, Acting City Administrator DATE: July 15, 2025 SUBJECT: Settlement Agreement SUMMARY This federal court lawsuit, an employment discrimination case filed by a former employee, was set for a court-ordered settlement conference before a Magistrate Judge on June 30. Prior to the conference, the City, through its attorney Doug Carson, was able to negotiate the proposed settlement, thus eliminating the need for City personnel and attorneys to participate in the possibly day-long conference. If the case did not settle, it was set for a three-day trial in August. In an effort to resolve the matter and save the out-of-pocket expenses and time commitment by City personnel set out below, the City, after negotiations, made and she accepted a final offer of $9,500.00 plus confirmation that she can “cash out” a set portion of her 401a account under the plan terms—the latter being something she already was entitled to do, apart from the settlement. She is responsible for paying all her own attorneys’ fees and costs, though the legal claims she made provide for recovery of attorneys’ fees and costs if she had won. In her lawsuit, she claimed $45,000 in lost income, $5,000 in lost retirement benefits, and $200,000 in “general damages” such mental anguish and emotional distress, which were potentially recoverable. She also was seeking reimbursement on a past and future basis of medical and counseling expenses as a part of her damages. As noted, she also sought to recover her attorney’s fees. If the City had not settled and had lost at trial, which always is possible even though the City felt reasonably confident in its defense on the merits of the case, the total exposure could have been up to approximately $300,000 - $350,000, looking at the case most favorably from her standpoint. If the City had not settled and the case were decided at trial, the City’s legal fees from current time through the completion of trial are estimated at approximately $30,000, for both final pretrial preparation and related activities and the multi-day trial itself, plus the lost time of about five to eight City staff engaged in pre-trial preparation and attending and testifying at trial. The total cost to the City, even if we won, would have been in excess of $40,000. Unlike a winning plaintiff, a winning defendant in an employment discrimination case in most instances is not entitled to claim back its attorneys’ fees and costs. Board of Directors Staff Report July 22, 2025 247  Because of the savings of nonrecoverable expenses to the City and the elimination of even the possibility of an adverse judgment against the City in an amount which would be left to the discretion of a jury, the Administration recommends approval of the settlement agreement. The recommended settlement is less than 25% of the anticipated trial costs which would have been incurred even if the City won the trial. ATTACHMENTS 1. Resolution_Asentha_Saul_Settlement_07222025.pdf Board of Directors Staff Report July 22, 2025 248  6C RESOLUTION NO. ____________ A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR AND CITY ATTORNEY TO CONCLUDE LITIGATION STYLED AS ASENTHA SAUL V. CITY OF FORT SMITH AND APPROVING SETTLEMENT AGREEMENT BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, THAT: The City Administrator and City Attorney are hereby authorized to conclude the matter of litigation styled as Asentha Saul v. City of Fort Smith, United States District Court, Western District of Arkansas, Fort Smith Division Case No. 2:24-cv-2071, pursuant to the terms of a Settlement Agreement to be completed upon the approval of this Resolution. This Resolution adopted this day of July, 2025. APPROVED: ______________________ Mayor ATTEST: ______________________ City Clerk Approved as to Form: __________________________ No Publication Required 249  6D MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: July 2, 2025 SUBJECT: Agreement to Initiate Land Exchange with the Forest Service SUMMARY The City of Fort Smith's long term watershed protection plan around Lake Fort Smith identified the need to acquire watershed restrictions on lands within a 1/4-mile buffer zone around the lake. The U.S. Forest Service (USFS) administers certain lands as part of the Ozark-St. Francis National Forests that are also located within the buffer zone but are disjunct from the main bodies of Federal ownership within the Ozark National Forest. These parcels present certain management challenges as they are already surrounded by lands acquired by the City of Fort Smith that are incidental to watershed protection efforts. The City of Fort Smith contacted the Boston Mountain Ranger District in August 2017 and expressed interest in acquiring some of these parcels via an assembled land exchange. The federal lands to be exchanged will be used to protect the water quality of Lake Fort Smith. The non-Federal lands proposed for exchange by the City of Fort Smith would be strategic to the needs of the Ozark-St. Francis National Forests and have characteristically similar resource values. The exchange consists of 458.51 acres, more or less, in non-federal tracts and 358.1 acres, more or less, in the Federal tracts. Due to staff turnover at both the City and the USFS, the 2019 Flood, and Covid-19, this project was placed on hold by the US Forest Service but has now become a priority. The land to be exchanged is based on the appraised value of the land. This allows a dollar-for- dollar exchange as opposed to an acre for acre exchange. Land Exchanges are allowed by following the processes as outlined under the authority of General Exchange Act of March 20, 1922, Weeks Act of March 1, 1911, as amended, Federal Land Policy & Management Act of October 21, 1976 (FLPMA), and the Federal Land Exchange Facilitation Act of August 20, 1988 (FLEFA). The first step of the process is to enter into an Agreement to Initiate with the USFS. This Agreement allows for surveying and assessment of the properties to be exchanged. The Agreement to Initiate does not obligate the City or USFS to the exchange and at any time during the Agreement to Initiate, either the City or USFS may withdraw from the land exchange process. Board approval of the Agreement to Initiate with the USFS is required. Board of Directors Staff Report July 22, 2025 250  When all the evaluations are completed, an Exchange Agreement will be presented to the Board for approval. Once the Exchange Agreement is approved, final steps will be completed to transfer the identified USFS property around Lake Fort Smith to the City, and the identified City owned properties to the USFS. ATTACHMENTS 1. 7-22-2025_Item_ID_1969_Resolution_Utilities.pdf 2. 7-22-2025 Item ID 1969 Attachment Utilities reduced.pdf Board of Directors Staff Report July 22, 2025 251  6D RESOLUTION NO. ________ RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO INITIATE WITH THE U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE ______________________________________________________________________ BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas, that: Section 1: The Agreement to Initiate between the City of Fort Smith and the U.S. Department of Agriculture, Forest Service, incorporated herein by reference, is hereby approved. Section 2: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute the Agreement to Initiate approved by Section 1 hereof. Section 3: The City Administrator, or his designated agent, is authorized to take any and all actions required of the City under the Agreement to Initiate; however, any proposed exchange agreement between the City and the U.S. Department of Agriculture, Forest Service, shall be subject to review and approval by the Board of Directors. This Resolution adopted this _____ day of July, 2025. __________________________ Mayor ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: __________________________ City Attorney 252  AGREEMENT TO INITIATE U. S. DEPARTMENT OF AGRICULTURE Forest Service 5430 Exchanges Ozark-St. Francis National Forests – (O-6764a-g) City of Fort Smith – O-6763a-d Exchange Authorities:  General Exchange Act of March 20, 1922;(42 State 465, as amended; 16 USC 485,486)  Weeks Act of March 1, 1911, as amended (36 Stat. 961 as amended, 16 USC 516)  Federal Land Policy & Management Act of October 21, 1976 (FLPMA) (90 Stat. 2755 as amended; 43 USC 1701,1715, 1716, 1717),  Federal Land Exchange Facilitation Act of August 20, 1988 (FLEFA) (43 USC 1716) I, City of Fort Smith, 801 Carnall Avenue, Suite 500, Fort Smith, AR 72901, Telephone: 479-522-7246, hereinafter called the non-Federal party, and the Forest Service, U.S. Department of Agriculture, acting through their authorized representatives intend to exchange real property described in attached Exhibits A and B under the terms and conditions described in the exhibits. It is understood that the basis for value of the exchange properties shall be appraisals which have been approved by the Forest Service. This Agreement to Initiate authorizes each party to enter on lands of the other for such purposes as preparing land value appraisals, land line surveys, wildlife and wetland inventories, and other evaluations deemed necessary by the Forest Service to fully evaluate the effects and merits of the exchange proposal. It is understood that upon approval of the decision, exchange values, terms and conditions by the appropriate Forest Service official, the parties may enter into an exchange agreement that shall be binding on both parties. It is understood that prior to the exchange agreement, or issuance of a patent or deed by the United States if no exchange agreement is executed, no action taken shall create or establish any contractual or other obligations against the non-Federal party or the United States. Either the non-Federal party or the Forest Service may withdraw from the exchange at any time prior to execution of the exchange agreement, or conveyance from the United States. Pursuant to Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. l7l6), a payment may be required by either party to equalize exchange values. The non-Federal party may reserve such rights as are acceptable to the Forest Service. Any reservations shall be subject to the rules and regulations of the Secretary of Agriculture, where applicable, and such other conditions as may be agreed upon. The reservations and exceptions of the non-Federal party are listed in Exhibit A attached. 253 If this offer is approved and title accepted by the United States, the non-Federal party agrees to accept, in exchange, that National Forest System land described in Exhibit B attached, subject to the reservations and exceptions shown in Exhibit B attached. Title will be conveyed by Exchange Deed issued by the USDA-Forest Service and by Patent issued by USDI-Bureau of Land Management. It will be the non-Federal party's responsibility to furnish a good and sufficient title to the property free from objectionable encumbrances. The non-Federal party will convey title by general warranty deed when notified to do so, subject to the reservations and exceptions shown in Exhibit A attached and any other title exceptions identified on any title commitments. A policy of title insurance satisfactory to the Office of the General Counsel of the Department of Agriculture will be prepared at the expense of the non- Federal party. If this offer is approved and title accepted by the non-federal party, the Forest Service agrees to accept, in exchange, the non-federal lands identified in Exhibit A attached, subject to the reservations and exceptions shown in Exhibit A attached. The United States does not furnish title insurance for the property it conveys. No authorization for compensation for costs assumed pursuant to the provision of 36 CFR 254.7 is provided. The timeline for processing this proposal and the agreement on responsibility for costs on specific items (36 CFR 254.4(c)(6)) is provided for in Exhibit C (Implementation Schedule) and Exhibit D (Projected Costs and Allocation). If the non-Federal party is assigned the responsibility of providing appraisals for the Federal and/or non-Federal properties in the Implementation Schedule, execution of this agreement requires the non-Federal party to instruct the Forest Service-approved fee appraiser to simultaneously submit all appraisals to the Forest Service and the non- Federal party. A copy of this Agreement to Initiate may be provided to the appraiser of record and serve as written authorization by the appraiser's client to provide a copy of all appraisals to the Forest Service. This is an assembled land exchange developed pursuant to 36 CFR 254.5. As such, both the Federal and non-Federal lands are to be appraised in a similar manner. In this case, the non-Federal party was requested by the Forest Service to secure the non-Federal ownerships for the purposes of the exchange. The various ownerships on the non-Federal side must be appraised as though each is in an individual transaction, and the sum of the individual values of those ownerships will be the non-Federal value of this transaction. The value of the Federal lands is the sum of the value of the various parcels of Federal lands involved in the exchange, each individual parcel valued as though in a separate transaction. Differences between the physical characteristics of the non-Federal lands and Federal lands may require additional acreage to be added to the transaction by either party to 254 achieve value equalization. If this becomes necessary, the added lands may also be appraised on an individual basis, as described above. Qualified tenants occupying the non-Federal lands affected by this proposal may be entitled to relocation benefits under 49 CFR 24.2. The non-Federal party agrees to formally notify the Forest Service of any tenants occupying the non-Federal land and provide the Forest Service documentation that the tenant has been notified of the proposed land exchange. Unless otherwise provided by law or regulation (49 CFR 24.101(a)(1)), relocation benefits are not applicable to owner-occupants involved in exchanges with the United States provided the owner-occupants are notified in writing that the non-Federal lands are being acquired by the United States on a voluntary basis. Therefore, this Agreement to Initiate serves as that notice and by signing the same, the owner-occupants agree that they are not entitled to relocation benefits. Each party to this agreement is responsible for providing the other documentation of the existence or non-existence of storage of hazardous substances stored on their respective lands for 1 year or more or disposed of or released on said lands. If evidence of hazardous substances is found, either party may refuse, without liability, to complete the exchange. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this proposal or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 43l, 433). The undersigned is a citizen of the United States or a corporation or other legal entity subject to the laws of the United States or a State thereof. The parties represent they are the owners of the respective properties identified in Exhibits A and B attached. Notification statement: Public availability of Property-Related Information. Any party who has signed below acknowledges receipt of this notification: All documents pertaining to both Federal and non-Federal lands necessary for the evaluation, processing, and consummation of a land adjustment transaction, including but not limited to appraisals, timber cruises, specialist reports, geology/mineral reports, title and other property information, are subject to public availability pursuant to the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). However, it is the general intent of all parties that these land adjustment transaction documents will be considered “pre-decisional working papers” not subject to premature availability prior to the point which concludes evaluation of the proposal through the agency’s established, required process and policy. 255  BY: ______________________________ Date George McGill Mayor, City of Fort Smith BY: ______________________________ Date Dan Olsen Acting Forest Supervisor Ozark-St. Francis NFs 256  EXHIBIT A Property that the Non-Federal Party will consider exchanging: Tract O-6763a 5th Principal Meridian, Johnson County, Arkansas T12N, R25W, Sec. 6 – NESE, 40 acres, more or less. Land reservations of the Non-Federal Party and exceptions to title: Reservations: None. Outstanding Rights: None. Tract O-6763b 5th Principal Meridian, Newton County, Arkansas T13N, R24W, Sec. 35 – S2SW and W2SE, 160 acres, more or less. Land reservations of the Non-Federal Party and exceptions to title: Reservations: None. Outstanding Rights: None. Tract O-6763c 5th Principal Meridian, Franklin County, Arkansas T11N, R27W, Sec. 17 – E2NE, 60.51 acres, more or less. Land reservations of the Non-Federal Party and exceptions to title: Reservations: None. Outstanding Rights: 1. Mineral estate owned by Hilda White Family Living Trust Dated May 5, 2000. Hilda White Family Living Trust purchased the mineral rights from Hilda White as recorded in a Mineral Deed recorded on June 26, 2000, in Book 208, Page 578 of the records of Franklin County. 257 Tract O-6763d 5th Principal Meridian, Crawford County, Arkansas T12N, R32W, Sec. 24 – W2SW, SENW, and W2NW, 198 acres, more or less. Land reservations of the Non-Federal Party and exceptions to title: Reservations: None. Outstanding Rights: None. 258  EXHIBIT B Property that the U.S.D.A. Forest Service will consider exchanging: Tract O-6764a 5th Principal Meridian, Crawford County, Arkansas T12N, R29W, Sec. 8 – SWSW, 40 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: None. Tract O-6764b 5th Principal Meridian, Crawford County, Arkansas T12N, R29W, Sec. 18 – NENE, 40 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: None. Tract O-6764c 5th Principal Meridian, Crawford County, Arkansas T12N, R29W, Sec. 19 – SWNW, 37.28 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. 259 Outstanding Rights: 1. This property is subject to an easement and permanent right-of-way 16.5 feet in width across the SW1/4NW1/4, Section 19, T12N, R29W, executed by Warren Ridenour and Lorene Ridenour to Southwestern Bell Telephone Company, dated October 18, 1957, recorded in Misc. Book 10, Page 327, of the records of Crawford County. 2. This property is subject to a right-of-way 200 feet wide and also all coal and mineral deposits in and under SW1/4 NW1/4, Section 19, T12N, R29W, reserved in deed from Little Rock and Fort Smith Railway to A.J. Nordin, dated March 6, 1893, filed April, 7, 1897, being Deed #6378, in Book 35, Page 459 of the records of Crawford County. Tract O-6764d 5th Principal Meridian, Crawford County, Arkansas T12N, R30W, Sec. 24 – SWNE, 40 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: None. Tract O-6764e 5th Principal Meridian, Crawford County, Arkansas T12N, R30W, Sec. 36 – NESE, 40 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: 1. This property is subject to a reservation of all oil, gas and minerals until January 15, 2069, reserved in deed from Joe W. Hart and Elma R. Hart by Donie E. White (Power of Attorney), dated June 2, 1971, filed July 1, 1971, in Book 340, Page 68 of the records of the Crawford County. 260 Tract O-6764f 5th Principal Meridian, Crawford County, Arkansas T12N, R29W, Sec. 31 – SWNW and SENW, 80.82 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: 1. The SWNW is subject to a reservation of all oil, gas and minerals until January 15, 2069, reserved in deed from Joe W. Hart and Elma R. Hart by Donie E. White (Power of Attorney), dated June 2, 1971, filed July 1, 1971, in Book 340, Page 68 of the records of the Crawford County. 2. The SENW is subject to a reservation by the Missouri Pacific Railway to the minerals upon, in, or under T12N, R29W, Section 31, SENW, as recorded in its deed to Bernal Seamster, filed on February 27, 1934, in Book 137, Page 274 of the records of Crawford County. Tract O-6764g 5th Principal Meridian, Crawford County, Arkansas T12N, R29W, Sec. 30 – SWSE and T12N, R29W, Section 31 – NWNE, 80 acres, more or less. Land reservations of the U.S.D.A. Forest Service, exceptions to title and uses to be recognized: Reservations: None. Outstanding Rights: 1. The SWSE of Section 30 is subject to a reservation by the State of Arkansas to all coal, oil, gas, and minerals rights in and under T12N, R29W, Section 30, SWSE, as filed on June 12, 1944, recorded in Miscellaneous Book 8, Page 11 of the records of Crawford County. 2. The NWNE of Section 31 is subject to a reservation by the Missouri Pacific Railway to the minerals upon, in, or under T12N, R29W, Section 31, NWNE, as recorded in its deed to Bernal Seamster, filed on February 27, 1934, in Book 137, Page 274 of the records of Crawford County. 261  EXHIBIT C IMPLEMENTATION SCHEDULE Land-for-Land Exchange Case Name: City of Fort Smith Land Responsible Exchange for Responsible for Target Action Item Preparation Costs Date Feasibility Analysis (Items 1-8) 1. Exchange Proposal - Define the Estates Non-Fed/FS 11/19 2. Forest Plan Compliance Review/Public FS FS 07/19 Benefits Summary 3. Obtain Title Insurance Commitment FS Nonfederal 02/20 4. Boundary Management Review Forest Surveyor 01/24 5. Federal Land Status Report FS 01/24 6. *Water Rights Analysis Hydrologist FS N/A 7. Valuation Consultation Appraiser FS 10/24 8. Identify Party Responsible for Costs Non-Fed/FS 11/24 9. Draft ATI & Exhibits FS 11/24 10.**Oversight (FA and Draft ATI) RO/WO 02/25 11. Execute Agreement To Initiate (ATI) Non-Fed/SO/RO 06/25 12. *Request BLM Serialization/ FS N/A Segregation 13. Prepare Notice of Publication/Posting FS 05/25 14. Notify County Commissioners, State 03/24 Clearinghouse, Congressional FS Delegations, Tribal Governments, and other Agencies 15.**Submit Notice of Publication for 08/25 30-day Appropriation Committee FS Review 16. *Notify Permittees FS N/A 17. 4-Week Publication Period, Including Nonfederal 06/25 Wetlands and Floodplains FS Information 18. Initiate Public Scoping FS 06/25 19. *Request Land Survey (Forest FS N/A Service) 20. *Request Withdrawal Revocation(s) FS N/A 21. *Prepare Mineral Potential Report Geologist 04/25 22. Complete Certificate of Possession FS 03/24 23. Obtain SHPO Concurrence FS 02/23 262 Case Name: City of Fort Smith Land Responsible Exchange for Responsible for Target Action Item Preparation Costs Date 24. Prepare TES Report/Consultation FS FS 12/23 25. Prepare Wetlands/Floodplains Report Hydrologist FS 12/23 26. Prepare Hazardous Substances FS Nonfederal 12/25 Evaluation 27. Analyze Effects on Cost Share FS N/A Agreements 28. Request Appraisals FS FS 08/25 29. Finalize Appraisals Appraiser FS 12/25 30. Prepare Appropriate NEPA FS FS 12/23 Documentation 31.*Request BLM Concurrence on FS 06/25 Minerals 32. *NEPA Comment Period FS N/A 33. Appraisal Reviews and Approvals Appraiser Non-federal 01/26 34. Certificate of Use and Consent FS 03/24 35. Agreement on Values Non-Fed/FS 02/26 36. Finalize NEPA Document FS 12/23 37. Draft Decision Document FS N/A 38. Draft Exchange Agreement FS 03/26 39.**Oversight (NEPA document and supporting documents, draft decision, appraisals and reviews, RO/WO draft exchange agreement, and 03/26 initial file material) 40. Issue Decision FS 04/26 41. Publish Decision FS N/A 42. Appeal Period FS N/A 43.*** Certify Estate Consistency FS 04/26 44. Request Preliminary Title Opinion FS 04/26 45. Provide Preliminary Title Opinion OGC 07/26 46. Execute Exchange Agreement Non-Fed/FS 07/26 (optional) 47. Prepare Form FS-5400-10 (Digest) FS 08/26 48. *Submit to WO for Congressional FS 08/26 Oversight 263  Case Name: City of Fort Smith Land Responsible Exchange for Responsible for Target Action Item Preparation Costs Date 49. Record Exchange Agreement and Non-Fed/FS FS 09/26 Update Title Commitments 50. *Prepare/Obtain Easements, N/A Relinquishments for Special Use FS Permits 51. Prepare Deed to Non-Federal Land; 09/26 Patent Request/Exchange Deed to FS Federal Land 52. Supplemental Certificate of FS 10/26 Possession 53. *Execute Easements/Relinquishment Non-Fed/FS N/A 54. Execute Deeds to Non-Federal Land Non-Fed 12/26 55. Deliver Deeds and/or Patent FS 12/26 56. Record Patent and All Deeds and/or FS Non-federal 12/26 Patent 57. File Water Rights Transfer/Use Non-Fed/FS N/A Documents 58. Return Deeds to Non-Federal Land Non-Fed Party 12/26 with Title Insurance Policy 59. Final Certificate of Use and Consent FS 12/26 60. Return Copies of Recorded Patent or 01/27 Deeds to RO FS 61. Submit Final Form FS-5400-10 FS 01/27 (Digest) to WO 62. Request Final Title Opinion FS 04/27 63. Provide Final Title Opinion OGC 07/27 64. Post Status and Close Case FS 07/27 * If applicable/if needed. ** Regional oversight applies to ALL cases. WO review required commensurate with WO designated value threshold. ***Certify that the estate appraised is identical to the physical estate; estate noted in Decision Document, Exchange Agreement, and Deeds. 264  EXHIBIT D PROJECTED COSTS AND ALLOCATION City of Fort Smith Land Exchange Allocation of Estimated Costs Activity Forest Service Non-Federal 1. Valuation Consultation & Appraisal $ 10,000 $ 2. Title Work & Insurance $ $5,000 3. Environmental Site Assessment (prelim) $ $3,000 4. Environmental Analysis (NEPA) $2,000 $ 5. Closing (Escrow, Recording) $2,000 $2,000 6. Legal Advertisements $ $1,500 7. BE, cultural evaluations $ 4,000 $ 8. Floodplains, wetlands report $ 1,000 $ 9. Mineral Potential Report $ 2,000 $ 9. Phase I Environmental Report $ $10,000 TOTALS $21,000 $21,500 265 266 267  6E MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: July 7, 2025 SUBJECT: Phase One of Project Development Agreement with AMERESCO, Inc. for an Investment Grade Audit (IGA) SUMMARY A presentation was made to the Board at the June 24, 2025 Study Session for a proposed Advanced Metering Infrastructure (AMI) project for Water Utilities by AMERESCO, Incorporated. Direction from the Board was to have Water Utilities bring the Phase One portion of the project development agreement to the Board for consideration. Phase I of the project authorizes AMERESCO, Inc. to perform an Investment Grade Audit (IGA) which will analyze our existing water meter database, focusing on meter consumption, sizes and types of meters. AMERESCO will calculate potential revenue effects based on the accuracy of tested meters and the accuracy guaranteed by the manufacturer for the meter class. AMERESCO will also evaluate the potential operational and maintenance financial effects of the system rehabilitation and automation and with support of City staff, determine potential operational cost savings. A full copy of the scope for this audit is included in your packet as Schedule A. Phase One of the project is expected to be complete within 3-5 months once the data request is received and the meters ordered for testing are on site. When Phase One is complete, a presentation of the findings will be brought to the Board for discussion to determine if the Board desires to move forward with Phase 2 of the project. This project aligns with the goals of the comprehensive plan policy TI-5.2 (ensure that utility and infrastructure systems can meet the city's long-term needs). Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 7-22-2025_Item_ID_1976_Resolution.pdf 2. 7-22-2025 Item ID 1976 Attachment AMERESCO.pdf FISCAL IMPACT: $125,000.00 BUDGET INFORMATION: Budgeted / Water Utilities - 6505 Capital Improvement Fund Board of Directors Staff Report July 22, 2025 268  6E RESOLUTION NO. ___________ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROJECT DEVELOPMENT AGREEMENT WITH AMERESCO, INCORPORATED TO PERFORM AN INVESTMENT GRADE AUDIT ON WATER METERS, PROJECT NO. 25-03-ES1 BE IT RESOLVED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: Phase One of the Project Development Agreement to perform an investment grade audit for the Advanced Metering Infrastructure (AMI) System and Water Loss Optimization Project, Project No. 25-03-ES1, is hereby approved. SECTION 2: The Mayor, his signature being attested by the City Clerk, is hereby authorized to execute a Project Development Agreement for professional services in the amount of $125,000.00 and for a period of 180 days, for performing said services. THIS RESOLUTION ADOPTED THIS DAY OF , 2025. APPROVED: ___________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: ___________________________ No Publication Required 269 


    PROJECT DEVELOPMENT AGREEMENT THIS PROJECT DEVELOPMENT AGREEMENT (the “Audit Agreement”) is entered into as of the _____ day of _________, 2025 (the “Effective Date”) by and between the City of Fort Smith, AR whose principal offices are located at 623 Garrison Avenue, Fort Smith, AR 72903 (the “Owner”) and Ameresco, Inc., with an address of 202 S Live Oak Street, Suite B, Tomball, Texas 77375 (“Ameresco”). Ameresco and Owner are also referred to individually as “Party” and collectively as the “Parties”. Whereas, the Owner desires that Ameresco perform an Investment Grade Audit (“IGA”) (as hereinafter defined) with respect to its water meters as described in Schedule A; Whereas, the Owner has selected Ameresco to provide the scope of services in accordance with Arkansas Code Ann 19-11-1201 and Owner’s Request for Qualifications for Energy Savings Performance Contract titled “Implementation of Guaranteed Revenue Enhancement and Cost Reduction Solutions using an Advanced Metering Infrastructure (AMI) System and Water Loss Optimization Project for the City of Fort Smith”. Whereas, performance of the IGA constitutes the first phase (“Phase 1”) of a utility meter and water infrastructure upgrade project (the “Project”). Whereas, if Ameresco is directed by the Owner to proceed with the implementation of the recommendations following the IGA, the second phase of the Project (“Phase 2”) will consist of the design and installation of associated infrastructure upgrades as set forth in the Contract (defined below). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and Ameresco agree as follows. ARTICLE 1 PHASES OF PROJECT 1.1 Phase I -- Investment Grade Audit. (a) After execution of this Audit Agreement, Ameresco will conduct an IGA as more particularly set forth in Schedule A. As used in this Audit Agreement, “IGA” means a process including (i) the collection of data related to the use and operation of the premises at which the meter is installed (“Premises”), observations of the Premises, determination of base year energy and/or water consumption and/or water billings, financial analysis of the cost and benefit of the evaluated systems to be upgraded at the Premises, determination of potential increases in water and sewer billings, reduction of utility cost, and operational and maintenance benefits, and (ii) the preparation of a detailed Investment Grade Audit Report (“IGA Report”), which presents current energy and water consumption at the Premises, recommendations for utility efficient equipment upgrades, energy conservation measures, water meter revenue enhancements, and a detailed analysis of implementation costs, anticipated project benefits resulting from such improvements and assumptions upon which the projected benefits are based. The IGA Report is intended to provide the Owner with the information necessary for the evaluation of the costs and benefits of proceeding with Phase 2 of the Project. (b) Should Ameresco determine, in its sole discretion, at any time before the completion of the IGA Report that the anticipated project benefits cannot be achieved at the Premises, Ameresco will provide written notice to Owner and cease all further IGA activities, in which case Owner will not be charged for any IGA activities performed by Ameresco. 1.2 Phase 2 – Implementation. (a) Owner acknowledges that the breakage fee for the IGA is $125,000.00 (One hundred twenty-five thousand dollars and no cents) (“IGA Breakage Fee”). If the Owner decides to proceed with the design and implementation of any projects described in the IGA Report, the Parties shall execute a mutually acceptable Implementation Contract (the “Contract”). If the Parties enter into a Contract which includes the scope of work Project Development Agreement Page 1 of 8 270 


    in the IGA Report, Ameresco will not bill Owner for the IGA Breakage Fee but will include the total cost of developing the project in the cost of the work to be performed under the Contract (“Implementation Price”). (b) Owner acknowledges that the total cost of developing the project will be included in the Implementation Price if Owner elects to proceed to Phase 2. Owner also acknowledges that if Owner does not proceed with Phase 2 of the Project within 120 days after delivery of the IGA Report, Ameresco will be entitled to payment in full of the IGA Breakage Fee within thirty (30) days after Ameresco’s submission of an invoice for such amount to Owner. (c) Owner acknowledges that the Implementation Price for the Project is based on the market cost as of the date of the IGA Report, for steel, copper and similar raw materials incorporated into equipment and material used for the Project. Price increases for such equipment and materials after the IGA Report was issued may either result in an Implementation Price increase or a corresponding decrease in the project size, but once the Contract to complete the Project is executed by both parties, the Implementation Price will not be contingent on those fluctuations. (d) In the event Owner instructs Ameresco to include additional facilities or expand the scope of the IGA as defined in Schedule A (“Additional Work”), the Owner shall compensate Ameresco for the Additional Work at a mutually agreed upon price, which will be reflected as an increase to the IGA Breakage Fee. Additional scope items could include, but not limited to, water and/or wastewater treatment, collection, and distribution systems, co-generation projects, park and sports lighting, renewable energy projects, lift stations, facility & building improvements, etc. 1.3 Other Terms and Conditions. (a) Ameresco’s receipt of an executed copy of this Audit Agreement shall serve as notification to Ameresco to proceed with the IGA. Ameresco will thereafter promptly initiate the IGA. (b) Ameresco does not assume responsibility to Owner for the anticipated project benefits projected in the IGA Report unless Ameresco completes the recommended Projects as defined in the Contract. (c) Owner hereby agrees to provide timely and complete access to all necessary property and utility consumption cost records for the three years preceding the commencement of Ameresco’s services. 1.4 Miscellaneous Terms and Conditions. (a) This Audit Agreement is hereby executed as of the Effective Date, written above. (b) The signatories hereto represent that they have been duly authorized to enter into to this Audit Agreement on behalf of the Party for whom they sign. (c) This agreement will be interpreted under the laws of the State of Arkansas, without giving effect to any conflict of law principle that would provide for the application of a different law. Any claim by either party will be brought exclusively in the federal or state courts in Sebastian County, Arkansas and each party irrevocably submits to the exclusive jurisdiction of such courts. (d) This Audit Agreement may not be amended unless in writing signed by authorized representatives of both Parties. (e) Neither Party may assign this Audit Agreement to another party without the prior written consent of the non-assigning Party, which will not be unreasonably withheld, delayed or conditioned. No un-consented-to assignment will be legally binding upon the non-assigning Party. (f) In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary or indirect damages in tort, contract or otherwise, including, without limitation, loss of profits, Project Development Agreement Page 2 of 8 271 


    loss of use of the Premises or other property, or business interruption, howsoever caused, in connection with this Audit Agreement. (g) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original document and all of which, taken together, shall be deemed to constitute a single document. A digital reproduction, portable document format (“.pdf”) or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by electronic signature (including signature via DocuSign or similar services), electronic mail or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding, and effective for all purposes (h) This agreement is Subject to the Arkansas Freedom of Information Act. The Parties may disclose confidential information to comply with a court order, a request under the Arkansas FOIA or other government demand that has the force of law. Before doing so, The Party responding to a FOIA request, court order or other governmental demand, when possible, shall give either Party notice of such order, request or demand so the other Party may seek a protective order. 1. Non-Disclosure of Confidential Information. The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential, privileged communication not intended to be disclosed to third parties. The provisions of this Section shall survive the termination of this Agreement. 1.1. Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; or, (c) should reasonably be recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through, or on behalf of, the receiving party). 1.2. Obligation of Confidentiality. Except as set forth above, the parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential Information for any purposes whatsoever other than the performance of this Agreement. The parties agree to advise and require their respective employees, agents, and subcontractors of their obligations to keep all Confidential Information confidential. 1.3. Cooperation to Prevent Disclosure of Confidential Information. Each party shall use its best efforts to assist the other party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, each party shall advise the other party immediately in the event either party learns or has Project Development Agreement Page 3 of 8 272 


    reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Agreement and each party will cooperate with the other party in seeking injunctive or other equitable relief against any such person. Remedies for Breach of Obligation of Confidentiality. Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of Owner, at the sole election of Owner, the immediate termination, without liability to Owner, of this or any Agreement corresponding to the breach or threatened breach AMERESCO, INC. City of Fort Smith, AR By:__________________________ By:_____________________________ Name: Ron Haxton Name: Title: Sr. Vice President - BDM Title: Project Development Agreement Page 4 of 8 273 


    SCHEDULE A The following Owner facilities will be reviewed: x All water meters owned by the Owner or any meters that are read and serviced by the Owner. IGA SCOPE OF WORK Water Meters x Ameresco will analyze the existing water meter database concerning meter consumption, sizes, and types. x Ameresco will develop a testing plan consistent with the following criteria. o Testing for small meters, defined as 5/8” x 1/2”, 5/8" x 3/4", 1", 1.5”, and 2” is based on laboratory testing of a statistical sampling across the small meter population. Ameresco will test the number of meters for the sample population anticipated to result in 10 percent precision and a 90 percent confidence level based on the population size as described below. o Testing for meters 3” and larger is based on field testing the meters in place. x Laboratory Accuracy Testing o Ameresco will generate a randomized sampling plan of primary and alternate meters for sampling-based testing based on the provided meter inventory for each population identified for laboratory testing. o Ameresco will provide thirty-five (35) 2” meters to be used for meter testing. Owner will provide new direct read meters for all other meters listed below that will be removed for laboratory testing. If meter sample selection is a different size than originally depicted for that sample set, Ameresco will choose an alternate meter sample site. ƒ Ameresco anticipates testing 68 (sixty-eight) 5/8” x 1/2" water meters ƒ Ameresco anticipates testing 68 (sixty-eight) 1” water meters. ƒ Ameresco anticipates testing 68 (sixty-eight) 2” water meters. ƒ Ameresco may conduct additional meter testing if current results lack precision and confidence, and if consumption and cost data analysis warrants. o Ameresco will install new water meters in place of existing meters being removed for laboratory testing. o Ameresco will coordinate transport of the meters to an independent laboratory for testing and will arrange for return of the tested meters to the Owner. x Field Accuracy Testing o Ameresco will perform field testing for all meters 3” and larger assuming the meter can be tested in the field. If a meter is not capable of field testing for reasons such as lack of test port, seized valves, access concerns, or other field conditions, Ameresco will skip that meter, and that meter will not be tested. Below is a list of meters by size that Owner currently has in their database and Ameresco will attempt to test. ƒ 3” meters – 146 ƒ 4” meters – 72 ƒ 6” meters – 69 ƒ 8” meters – 10 ƒ 10” meters - 4 Project Development Agreement Page 5 of 8 274 


    x Ameresco will calculate potential revenue effects based on the accuracy of the test meters and the accuracy guaranteed by the manufacturer for the meter class. Analysis will be performed based on the established rate tiers and the marginal effects of accuracy changes. o Ameresco will apply results of the meter tests for small meter (5/8” x ½” meters) sample set to the entirety of the Owner’s small meter population (1” and smaller) for the accuracy effect evaluation as meters within this group generally share similar design characteristics and use cases. o Ameresco will apply results of the meter tests for intermediate meter (2” meters) sample set to the entirety of the Owner’s intermediate meter population (1.5” and 2” meters) for the accuracy effect evaluation as meters within this group generally share similar design characteristics and use cases. o Ameresco will apply the results of the meter tests for the 3” and larger meters on an individual account basis. o The Owner has the option to direct Ameresco to apply test results from one testable meter or meter population to other meters or meter populations at their discretion. x Ameresco will evaluate the potential operational and maintenance financial effects of system rehabilitation and automation with support of Owner staff to determine potential operational cost savings. x If the Owner desires, Ameresco will facilitate workshops with potential meter and telemetry (AMI), and customer engagement portal providers to review system options, software capabilities, and establish development criteria. x Ameresco will develop a turnkey implementation cost based on the provider preferences for metering infrastructure, telemetry infrastructure, billing system integration, and customer portal (where applicable). Ameresco will provide alternate scenarios at the Owner’s direction. x Ameresco will review finding of revenue effects and implementation costs in a workshop to determine final direction on investment grade audit deliverable. x Ameresco will provide an investment grade audit establishing the proposed scope, cost, and projected savings. Project Development Agreement Page 6 of 8 275 


    SCHEDULE B – OWNER RESPONSIBILITIES x Owner to provide new direct read meters for Ameresco to install to replace existing meters being removed for accuracy testing. x Assist with meter locates during the field surveys and testing process. x Assist in pumping out the water in flooded large meter vaults so that the meter and piping is exposed to allow Ameresco to do testing and survey work. x Provide Letter of Authorization (or email) which states that Ameresco has the Owner’s permission to obtain the following data from the Owner’s billing software company, or the Owner can provide this data directly to Ameresco: o File 1 – Account Listing o File 2 – Consumption History o File 3 – Utility Rate Structures File 1 Details (Account Listing) The first file is an Account Listing. This provides the detailed information to complete the field surveys above. The following tables outlines the data that is typically included in the first file. 1. Zone# (if applicable) 2. Route# 3. Account# 4. Account Sub/Identifier (if applicable) 5. Customer Number (if applicable) 6. Read Sequence # (Walk/Meter Reader Sequence) 7. Account Type And/Or Rate Code (commercial, irrigation, residential...etc.) 8. Account Name 9. Account Physical Address (Service Location) 10. Account Phone Number 11. Account City/State/Zip if applicable 12. Account Status (Active, Inactive, Vacant, Pulled, Disconnected...etc - Please provide definition) 13. Last Meter Reading 14. Account Multiplier 15. Serial # 16. Meter# (If different from Serial Number) 17. Size (if available) 18. Make/Model (if available) 19. Type (if available i.e. compound, multijet, turbo, positive displacement) 20. Any additional meter properties not listed above i.e. Register ID, Badge #, MXU ID…etc 21. Meter Location Notes/ Meter Reader Notes Project Development Agreement Page 7 of 8 276 


    File 2 Details (Consumption History) The second file is a consumption history for each account. This file is used to create the consumption baseline used to determine the economic viability of the AMI project. The following table outlines the data that is typically included in the consumption file. Ameresco will be requesting a minimum of 3 years of monthly data for each account (5 years is preferred). 1. Account# (Include Zone, Cycle, and Route Numbers if applicable to your software) 2. Account Sub/Identifier (if applicable) 3. Customer Number (if applicable) 4. Account Type (commercial, irrigation, residential...etc.) 5. Account Name 6. Account Physical Address (Service Location) 7. Account Status (Active, Inactive, Vacant, Pulled, Disconnected...etc - Please provide definition) 8. Meter# (If different from Serial Number) 9. Monthly Water Consumption 10. Monthly Billed Water Charge 11. Monthly Sewer Consumption (Separate Line) 12. Monthly Billed Sewer Charge (Separate Line) 13. Monthly Billed Tax Charge 14. Associated Water Rate Table/Code (Please provide definition for each unique rate code) 15. Associated Sewer Rate Table/Code (Please provide definition for each unique rate code) 16. Bill Date These files are typically exported from the billing software in either .txt or .csv formats. Either is acceptable. If the files are too large to email, Ameresco can setup a DropBox or OneDrive folder so that the files can easily be uploaded. File 3 Details (Utility Rates and Increases) The third file is an export from the billing software that shows the rate codes for each utility and the rates associated with that code. All tiers should be listed. In addition to this rate code export, Ameresco requests a copy of current approved water rates and any approved future rate increases that have not already been included in the existing rates. This file is used to create the financial model used to determine the economic viability of the AMI project. Project Development Agreement Page 8 of 8 Rev. 2025 277  6F MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: July 10, 2025 SUBJECT: I540 and Highway 255 Utility Relocation SUMMARY This utility relocation project involves installation of approximately 600 linear feet of 8-inch ductile iron water line, utilizing both open-cut trenching and directional boring methods. The work is located near the intersection of Interstate I540 and Highway 255 (Zero Street) and is required by the Arkansas Department of Transportation (ARDoT) as part of their project for the redesign and reconstruction of the I-540 exit ramp and the Zero Street intersection. This project is 100% reimbursable by ARDoT. An exhibit showing the location of the project is included. There were two bids received for the project. The low bid for the project was submitted by Goodwin & Goodwin, Inc., in the amount of $370,325.75. A bid tabulation showing bid amounts is included. ARDoT was made aware of a prior project challenges associated with the City utilizing Goodwin & Goodwin, Inc. ARDoT and has advised the City they are required by State law to award contracts to the lowest responsible bidder and as such, will only reimburse the amount of the lowest bid. A Resolution authorizing the Mayor to execute a contract with Goodwin & Goodwin, Inc., in the amount of $370,325.75, is attached. Again, this is 100% reimbursable from the ARDoT. The funding for this project is available through the 2018 Revenue Bonds. Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 7-22-2025_Item_ID_1985_Resolution_Utilities.pdf 2. 7-22-2025 Item ID 1985 Attachment Utilities.pdf FISCAL IMPACT: $370,325.75 BUDGET INFORMATION: Budgeted / Water Utilities - 2018 Revenue Bonds Board of Directors Staff Report July 22, 2025 278  6F RESOLUTION NO. ___________ A RESOLUTION ACCEPTING THE BID OF AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH GOODWIN AND GOODWIN, INCORPORATED FOR THE INTERSTATE 540 AND HIGHWAY 255 UTILITY RELOCATION PROJECT NO. 23-10-C1 BE IT RESOLVED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: SECTION 1: The bid of Goodwin and Goodwin, Incorporated for the I-540 and Highway 255 Utility Relocation, Project No. 23-10-C1 is hereby approved. SECTION 2: The Mayor is hereby authorized to execute a contract with Goodwin and Goodwin, Incorporated in the amount of $370,325.75 and for a contract period of 120 days, for performing said construction. THIS RESOLUTION ADOPTED THIS DAY OF , 2025. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Clerk Approved as to form: ___________________________ No Publication Required 279  Bid Tabulation Sheet Project Name I-540 and Highway 255 Utility Relocation Project Number: 23-10-C1 Bid Opening 07/10/2025 10:00 A.M. Bids Received Goodwin & Goodwin, Inc. $370,325.75 Fort Smith, AR Forsgren, Inc. $466,040.00 Fort Smith, AR 280  12"W ARKANSAS HIGHWAY 255 2"W 6"W Z:\23\23-10-EC1 I-540 & HIGHWAY 255 UTILITY RELOCATIONS FSWU\DRAWINGS\LOCATION.DWG , 7/3/2025 10:13 AM, MATT WEIR, LAYOUT1 6"W INTERSTATE 540 6"W I-540 / HIGHWAY 255 UTILITY RELOCATION Van Buren Fort Smith Fayetteville Little Rock (479) 474-1227 (479) 242-4685 (479) 455-2206 (501) 374-4846 www.hawkins-weir.com JULY 2025 SCALE: 1"=200' 23-10-EC1 281 282  MEMORANDUM TO: Mayor and Directors FROM: Jessica Underwood, Executive Assistant DATE: July 16, 2025 SUBJECT: Historic District Commission SUMMARY Debbie Kraus' term on the Historic District Commission expires on July 31, 2025. Ms. Karus is not interested in reappointment. The applicant is Edward Ward. The Mayor makes the appointments; one appointment is needed. The new term will expire on July 31, 2028. ATTACHMENTS 1. 20250722 Historic Distoric Commission.pdf Board of Directors Staff Report July 22, 2025 283 284 285 286  MEMORANDUM TO: Mayor and Directors FROM: Jessica Underwood, Executive Assistant DATE: July 16, 2025 SUBJECT: Historic District Commission SUMMARY Debbie Kraus' term on the Historic District Commission expires on July 31, 2025. Ms. Karus is not interested in reappointment. The applicant is Edward Ward. The Mayor makes the appointments; one appointment is needed. The new term will expire on July 31, 2028. ATTACHMENTS 1. 20250722 Historic Distoric Commission.pdf Board of Directors Staff Report July 22, 2025 287 288 289 290  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: July 16, 2025 SUBJECT: Appointment: Port Authority SUMMARY Larry Combs' term on the Port Authority expires on July 31, 2025. Mr. Combs is interested in reappointment. No other applications received. The Mayor makes the appointments; one appointment is needed. The new term will expire on July 31, 2030. ATTACHMENTS 1. Port Authority Appointment 20250722.pdf Board of Directors Staff Report July 22, 2025 291 292 293  MEMORANDUM TO: Mayor and Board of Directors FROM: Jessica Underwood, Executive Assistant DATE: July 16, 2025 SUBJECT: Appointment - Property Owners Appeals Board SUMMARY There are two vacancies on the Property Owners Appeals Board. The only applicant is Pete Hanham The Board of Directors makes the appointment; one appointment is needed. The term will expire on July 14, 2029. ATTACHMENTS 1. Property Owner Appeal Board - Appointment 20250722.pdf Board of Directors Staff Report July 22, 2025 294 295 296 City of Fort Smith - Director Request to Add Item to the July 22, 2025 Regular Meeting Agenda Fort Smith, Arkansas sent this bulletin at 07/16/2025 07:15 PM CDT View as a webpage/Share Director Request to Add Item to the July 22, 2025 Regular Meeting Agenda MEDIA NOTIFICATION July 16, 2025 At approximately 3:23 p.m., Director Lee Kemp contacted the City Clerk's OƯice and requested an additional item be added to the already scheduled Executive Session on the July 22, 2025 regular meeting agenda, the item being as follows: • Interview candidate for Director of Internal Audit Director Kemp specifically requested the candidate's name be provided; therefore, the candidate to be interviewed is Jason Mitchell. Such request requires the concurrence of four (4) directors; therefore, all remaining members of Board were contacted with several voicemails required. Ultimately, Directors Jarred Rego, Andre' Good, and Neal Martin concurred with the request. Although concurrence was already attained, Director Settle also concurred with the item placement. Director George Catsavis did not concur with the request and Director Christina Catsavis could not be reached. Due to the noted concurrence and as requested, the above item will be added to the Executive Session already scheduled on the July 22, 2025 regular meeting agenda. The Agenda Board Packet for the July 22, 2025 regular meeting will be uploaded to the City of Fort Smith website and distributed all interested parties on Thursday, July 17, 2025. Once uploaded, notice of same will be provided in like-manner. Sherri Gard, MMC City Clerk 479-784-2207 sgard@fortsmithar.gov Powered by 297